Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Rules and Regulations 35435 

grouper has been issued, the prohibition 

on the harvest or possession of red 

snapper applies in the South Atlantic, 

regardless of where such fish are 

harvested or possessed, i.e., in state or 

Federal waters. 

■ 3. In § 622.183, revise paragraph 

(b)(5)(i) to read as follows: 

§ 622.183 Area and seasonal closures. 

* * * * * 

(b) * * * 

(5) * * * 

(i) The commercial and recreational 

sectors for red snapper are closed (i.e., 

red snapper may not be harvested or 

possessed, or sold or purchased) in or 

from the South Atlantic EEZ, except as 

specified in § 622.193(y). Each year, 

NMFS will announce the season 

opening dates in the Federal Register. 

The commercial season will begin on 

the second Monday in July, unless 

otherwise specified. The recreational 

season, which consists of weekends 

only (Fridays, Saturdays, and Sundays) 

begins on the second Friday in July, 

unless otherwise specified. NMFS will 

project the length of the recreational 

fishing season and announce the 

recreational fishing season end date in 

the Federal Register. See § 622.193(y), 

for establishing the end date of the 

commercial fishing season. 

* * * * * 

■ 4. In § 622.187, revise paragraph (b)(9) 

to read as follows: 

§ 622.187 Bag and possession limits. 

* * * * * 

(b) * * * 

(9) Red snapper—1. 

* * * * * 

■ 5. In § 622.191, revise paragraph (a)(9) 

to read as follows: 

§ 622.191 Commercial trip limits. 

* * * * * 

(a) * * * 

(9) Red snapper. Until the commercial 

ACL specified in § 622.193(y)(1) is 

reached, 75 lb (34 kg), gutted weight. 

* * * * * 

■ 6. In § 622.193, revise paragraph (y) to 

read as follows: 

§ 622.193 Annual catch limits (ACLs), 

annual catch targets (ACTs), and 

accountability measures (AMs). 

* * * * * 

(y) Red snapper—(1) Commercial 

sector. The commercial ACL for red 

snapper is 124,815 lb (56,615 kg), round 

weight. See § 622.183(b)(5) for details on 

the commercial fishing season. NMFS 

will monitor commercial landings 

during the season, and if commercial 

landings, as estimated by the SRD, reach 

or are projected to reach the commercial 

ACL, the AA will file a notification with 

the Office of the Federal Register to 

close the commercial sector for red 

snapper for the remainder of the year. 

On and after the effective date of the 

closure notification, all sale or purchase 

of red snapper is prohibited and harvest 

or possession of red snapper is limited 

to the recreational bag and possession 

limits and only during such time as 

harvest by the recreational sector is 

allowed as described in § 622.183(b)(5). 

This bag and possession limit and the 

prohibition on sale/purchase apply in 

the South Atlantic on board a vessel for 

which a valid Federal commercial or 

charter vessel/headboat permit for 

South Atlantic snapper-grouper has 

been issued, without regard to where 

such species were harvested or 

possessed, i.e., in state or Federal 

waters. 

(2) Recreational sector. The 

recreational ACL for red snapper is 

29,656 fish. The AA will file a 

notification with the Office of the 

Federal Register to announce the length 

of the recreational fishing season for the 

current fishing year. The length of the 

recreational fishing season for red 

snapper serves as the in-season 

accountability measure. See 

§ 622.183(b)(5) for details on the 

recreational fishing season. On and after 

the effective date of the recreational 

closure notification, the bag and 

possession limits for red snapper are 

zero. 

* * * * * 

[FR Doc. 2018–16009 Filed 7–23–18; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 171222999–8208–02] 

RIN 0648–BH46 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic 

Region; Abbreviated Framework 

Amendment 1 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations to 

implement management measures 

described in Abbreviated Framework 

Amendment 1 (Abbreviated Framework 

1) to the Fishery Management Plan 

(FMP) for the Snapper-Grouper Fishery 

of the South Atlantic Region, as 

prepared and submitted by the South 

Atlantic Fishery Management Council 

(Council). This final rule reduces the 

commercial and recreational annual 

catch limits (ACLs) for red grouper in 

the exclusive economic zone (EEZ) of 

the South Atlantic. The purpose of this 

final rule is to address overfishing of red 

grouper. 

DATES: This final rule is effective on 

August 27, 2018. 

ADDRESSES: Electronic copies of 

Abbreviated Framework 1, which 

includes a Regulatory Flexibility Act 

(RFA) analysis, and a regulatory impact 

review, may be obtained from 

www.regulations.gov or the Southeast 

Regional Office website at http://

sero.nmfs.noaa.gov/sustainable_

fisheries/s_atl/sg/2017/red_grouper_

framework/index.html. NMFS included 

a reference to an environmental 

assessment in the proposed rule for 

Abbreviated Framework 1; however, 

and more specifically, a categorical 

exclusion was prepared, and is available 

upon request. 

FOR FURTHER INFORMATION CONTACT: 

Frank Helies, NMFS Southeast Regional 

Office, telephone: 727–824–5305, or 

email: Frank.Helies@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery in the South 

Atlantic region is managed under the 

FMP and includes red grouper, along 

with other snapper-grouper species. The 

FMP was prepared by the Council and 

is implemented by NMFS through 

regulations at 50 CFR part 622 under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). All 

weights described in this final rule are 

in round weight. 

On April 3, 2018, NMFS published a 

proposed rule for the framework action 

and requested public comment (83 FR 

14234). The proposed rule and 

framework action outline the rationale 

for the action contained in this final 

rule. A summary of the management 

measure described in the framework 

action and implemented by this final 

rule is provided below. 

Management Measures Contained in 

This Final Rule 

This final rule revises the ACLs for 

South Atlantic red grouper for both the 

commercial and recreational sectors. 

The current total ACL (commercial and 

recreational ACL combined) is 780,000 

lb (353,802 kg). The total ACL is divided 

into a commercial sector ACL of 343,200 


sradovich on DSK3GMQ082PROD with RULES
35436 Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Rules and Regulations 

lb (155,673 kg) and a recreational sector 

ACL of 436,800 lb (198,129 kg). The 

ACLs are based on the sector allocation 

ratio developed by the Council for red 

grouper (44 percent commercial and 56 

percent recreational) established in 

Amendment 24 to the FMP (77 FR 

34254; June 11, 2012). 

Consistent with the results of the 

latest stock assessment for red grouper 

(Southeast Data Assessment and Review 

(SEDAR) 53) and the acceptable 

biological catch (ABC) recommendation 

from the Council’s Scientific and 

Statistical Committee (SSC) accepted by 

the Council, this final rule reduces the 

total, commercial, and recreational 

ACLs. The revised commercial ACL is 

set at 61,160 lb (27,742 kg), for 2018, 

66,000 lb (29,937 kg), for 2019, and 

71,280 lb (32,332 kg), for 2020 and 

subsequent fishing years. The revised 

recreational ACL is set at 77,840 lb 

(35,308 kg), for 2018, 84,000 lb (38,102 

kg), for 2019, and 90,720 lb (41,150 kg), 

for 2020 and subsequent fishing years. 

The total ACL is set at 139,000 lb 

(63,049 kg) for 2018, 150,000 lb (68,039 

kg) for 2019, and 162,000 lb (73,482 kg) 

for 2020 and subsequent fishing years. 

The total ACL is equal to the SSC’s ABC 

recommendation; the ABC 

recommendation is the projection at 

FREBUILD under low recruitment 

scenarios, which equals the yield at 

75%FMSY. This final rule does not 

change the sector allocations. 

For the last several years (2014–2016), 

commercial landings have averaged 

50,204 lb (22,772 kg), which is less than 

the commercial ACL being implemented 

through Abbreviated Framework 1. The 

recreational landings have been highly 

variable since 2012, and using the 

average recreational landings from 

2014–2016, the reduced ACL for the 

recreational sector is predicted to result 

in a shortened recreational fishing 

season, with closure dates ranging from 

July 26 to August 19 and based on the 

annual seasonal opening date of May 1. 

If the red grouper stock experiences a 

year of high recruitment, the proposed 

reduced ACLs would constrain future 

commercial and recreational harvest 

and prevent overfishing. Because the 

ACLs will be set lower than the 

overfishing limit, implementation of 

this final rule is expected to end 

overfishing of red grouper. 

Comments and Responses 

NMFS received 12 comments during 

the public comment period on the 

proposed rule for Abbreviated 

Framework 1. The commenters included 

individuals as well as commercial, 

private recreational, and charter vessel/ 

headboat (for-hire) recreational fishing 

entities. The majority of comments 

opposed the reduction in the red 

grouper ACLs. Six of those submissions 

raised issues with the proposed red 

grouper ACL reduction and 

recommended other management 

measures for reducing red grouper 

harvest. These comments are 

summarized with NMFS’ responses 

below. Additional comments that 

specifically relate to the action in 

Abbreviated Framework 1 and 

contained in the proposed rule, as well 

as NMFS’ respective responses, are 

summarized and responded to below. 

Comment 1: NMFS should implement 

other management measures in place of 

the proposed ACL reductions, including 

trip limits, reduced bag limits, increased 

size limits, and a closed season for 

harvest with spear. 

Response: While the management 

measures suggested could prove 

effective at slowing or even reducing red 

grouper harvest, they would not serve as 

substitutes for the reductions in the 

ACLs. The Magnuson-Stevens Act and 

its implementing regulations require all 

FMPs to contain ACLs that prevent 

overfishing. The current ACLs for the 

red grouper stock far exceed what the 

best available scientific information 

indicates is necessary to prevent 

overfishing; therefore, this rule reduces 

current ACLs to acceptable levels. 

Although the Council chose ACL 

reductions to immediately address 

overfishing of red grouper in the South 

Atlantic, it may consider other 

measures, such as those suggested by 

public commenters, to constrain future 

harvest effectively. NMFS and the 

Council are currently developing 

Regulatory Amendment 30 to address 

rebuilding of the overfished red grouper 

stock. 

Comment 2: The red grouper ACLs 

should not be reduced as the population 

is abundant. 

Response: NMFS disagrees. Based on 

the latest stock assessment for South 

Atlantic red grouper (SEDAR 53) 

completed in February 2017, NMFS 

determined that the stock is overfished, 

undergoing overfishing, and not making 

adequate rebuilding progress. The 

Magnuson-Stevens Act requires NMFS 

to notify the Council of these 

determinations, and within 2 years of 

that notification, implement regulations 

to end overfishing immediately and 

rebuild the stock. The Southeast 

Fisheries Science Center produced 

rebuilding projections based on SEDAR 

53, and the Council’s SSC provided 

ABC recommendations to end 

overfishing of red grouper. Because the 

ACLs would be set less than the 

overfishing limit, Abbreviated 

Framework 1 will end overfishing of red 

grouper immediately upon 

implementation of the final rule as well 

as provide biological benefits to the 

stock. Therefore, given the current stock 

status, the ACL reductions in this final 

rule are appropriate and are consistent 

with the requirements of the MagnusonStevens Act. Further, the Council is 

currently developing a new red grouper 

rebuilding plan through Regulatory 

Amendment 30 to the FMP. The Council 

is also considering changes to red 

grouper management measures through 

other regulatory amendments to the 

FMP. 

Comment 3: The proposed ACL 

reduction is too drastic. The ACL 

should be reduced by a lesser amount, 

and any ACL change implemented 

should be through a step-down 

approach over several years. 

Response: As explained in the 

response to Comment 1, NMFS and the 

Council are mandated by the MagnusonStevens Act to implement regulations 

that would end overfishing immediately 

within 2 years of the Council’s 

notification of stock status. In October 

2017, the Council’s SSC provided an 

ABC recommendation for 2018 of 

139,000 lb (63,049 kg) to end 

overfishing. The ACL cannot exceed the 

ABC; therefore, the Council set the total 

ACL equal to the ABC. 

NMFS acknowledges the reduction in 

the ACLs for commercial and 

recreational harvest of red grouper is 

considerable; however, based on 

historical landings, the revised ACLs 

would result in minimal actual 

reduction in harvest. Since 2013, South 

Atlantic red grouper annual landings 

have totaled less than 30 percent of the 

stock ACL. As described in Abbreviated 

Framework 1, the reduced level of 

observed landings is supported by 

anecdotal information received from 

commercial and recreational 

stakeholders who often report an 

absence of red grouper in large 

quantities in the South Atlantic. 

According to SEDAR 53, there is 

uncertainty in what could be the cause 

of low observed numbers of fish, and 

the recent (since 2005) low spawning 

trend may or may not continue into the 

future. 

Comment 4: The proposed ACL 

reduction will have a significant 

economic impact to commercial 

fishermen, especially small operations 

and family businesses. 

Response: NMFS disagrees. 

Commercial landings of red grouper 

have been declining over the years, and 

in the most recent years (2012–2016), 

landings have averaged 50,204 lb 

(22,772 kg), which is less than the 


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Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Rules and Regulations 35437 

commercial ACL proposed in 

Abbreviated Framework 1. In addition, 

red grouper has accounted for a 

relatively small percentage (2.7 percent) 

of total revenues from commercial 

landings of the approximately 240 

federally permitted snapper-grouper 

commercial vessels that landed red 

grouper. Thus, any adverse impacts on 

commercial fishermen from the ACL 

reduction would likely be minimal, 

although NMFS recognizes that such 

impacts would be uneven across 

fishermen participating in red grouper 

harvest in the South Atlantic. 

Classification 

The Regional Administrator for the 

NMFS Southeast Region has determined 

that this final rule is consistent with the 

framework action, the FMP, the 

Magnuson-Stevens Act, and other 

applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order (E.O.) 12866. This rule 

is not an E.O. 13771 regulatory action 

because this rule is not significant under 

E.O. 12866. 

The Magnuson-Stevens Act provides 

the statutory basis for this final rule. No 

duplicative, overlapping, or conflicting 

Federal rules have been identified. In 

addition, no new reporting, recordkeeping, or other compliance 

requirements are introduced by this 

final rule. 

Please note Abbreviated Framework 

Amendment 1 considered only one 

alternative to reduce the ACLs, based on 

the SSC recommendation, to meet the 

immediate and urgent need to end 

overfishing within 2 years as mandated 

by the Magnuson-Stevens Act. 

Amendment 30, which is currently 

being developed, will consider several 

alternatives for rebuilding the 

overfished red grouper stock. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration (SBA) 

during the proposed rule stage that this 

rule, if adopted, would not have a 

significant economic impact on a 

substantial number of small entities. 

The factual basis for this determination 

was published in the proposed rule and 

is not repeated here. One comment from 

the public suggested that the rule would 

have significant economic impacts to 

commercial fishermen. NMFS disagrees 

with this comment as explained in the 

response to Comment 4 and as 

discussed in the proposed rule. No 

comments from the SBA’s Chief Counsel 

for Advocacy were received regarding 

the certification, and NMFS has not 

received any new information that 

would affect its determination. As a 

result, a final regulatory flexibility 

analysis is not required and none has 

been prepared. 

List of Subjects in 50 CFR Part 622 

Commercial, Fisheries, Fishing, 

Overfishing, Recreational, Red grouper, 

South Atlantic. 

Dated: July 23, 2018. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 622 is amended 

as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. In § 622.193, revise paragraph (d) to 

read as follows: 

§ 622.193 Annual catch limits (ACLs), 

annual catch targets (ACTs), and 

accountability measures (AMs). 

* * * * * 

(d) Red grouper—(1) Commercial 

sector. (i) If commercial landings for red 

grouper, as estimated by the SRD, reach 

or are projected to reach the commercial 

ACL, specified in paragraph (d)(1)(iii) of 

this section, the AA will file a 

notification with the Office of the 

Federal Register to close the commercial 

sector for the remainder of the fishing 

year. On and after the effective date of 

such a notification, all sale or purchase 

of red grouper is prohibited and harvest 

or possession of red grouper in or from 

the South Atlantic EEZ is limited to the 

bag and possession limits. These bag 

and possession limits apply in the 

South Atlantic on board a vessel for 

which a valid Federal commercial or 

charter vessel/headboat permit for 

South Atlantic snapper-grouper has 

been issued, without regard to where 

such species were harvested, i.e., in 

state or Federal waters. 

(ii) If the commercial landings for red 

grouper, as estimated by the SRD, 

exceed the commercial ACL, specified 

in paragraph (d)(1)(iii) of this section, 

and the combined commercial and 

recreational ACL, specified in paragraph 

(d)(3) of this section, is exceeded during 

the same fishing year, and the species is 

overfished based on the most recent 

Status of U.S. Fisheries Report to 

Congress, the AA will file a notification 

with the Office of the Federal Register 

to reduce the commercial ACL in the 

following fishing year by the amount of 

the commercial ACL overage in the 

prior fishing year. 

(iii) The commercial ACL for red 

grouper is 61,160 lb (27,742 kg), round 

weight, for 2018; 66,000 lb (29,937 kg), 

round weight, for 2019; and 71,280 lb 

(32,332 kg), round weight, for 2020 and 

subsequent fishing years. 

(2) Recreational sector. (i) If 

recreational landings for red grouper, as 

estimated by the SRD, are projected to 

reach the recreational ACL, the AA will 

file a notification with the Office of the 

Federal Register to close the recreational 

sector for the remainder of the fishing 

year regardless if the stock is overfished, 

unless NMFS determines that no closure 

is necessary based on the best scientific 

information available. On and after the 

effective date of such a notification, the 

bag and possession limits for red 

grouper in or from the South Atlantic 

EEZ are zero. 

(ii) The recreational ACL for red 

grouper is 77,840 lb (35,308 kg), round 

weight, for 2018; 84,000 lb (38,102 kg), 

round weight, for 2019; and 90,720 lb 

(41,150 kg), round weight, for 2020 and 

subsequent fishing years. 

(iii) If recreational landings for red 

grouper, as estimated by the SRD, 

exceed the recreational ACL, specified 

in paragraph (d)(2)(ii) of this section, 

then during the following fishing year 

recreational landings will be monitored 

for a persistence in increased landings, 

and if necessary, the AA will file a 

notification with the Office of the 

Federal Register to reduce the length of 

the recreational fishing season and the 

recreational ACL by the amount of the 

recreational ACL overage, if the species 

is overfished based on the most recent 

Status of U.S. Fisheries Report to 

Congress, and if the combined 

commercial and recreational ACL, 

specified in paragraph (d)(3) of this 

section, is exceeded during the same 

fishing year. The AA will use the best 

scientific information available to 

determine if reducing the length of the 

recreational season and recreational 

ACL is necessary. When the recreational 

sector is closed as a result of NMFS 

reducing the length of the recreational 

fishing season and ACL, the bag and 

possession limits for red grouper in or 

from the South Atlantic EEZ are zero. 

(3) The combined commercial and 

recreational ACL for red grouper is 

139,000 lb (63,049 kg), round weight, for 

2018; 150,000 lb (68,039 kg), round 

weight, for 2019; and 162,000 lb (73,482 

kg), round weight, for 2020 and 

subsequent fishing years. 

* * * * * 

[FR Doc. 2018–15971 Filed 7–25–18; 8:45 am] 

BILLING CODE 3510–22–P 


sradovich on DSK3GMQ082PROD with RULES