[Federal Register Volume 83, Number 144 (Thursday, July 26, 2018)]
[Rules and Regulations]
[Pages 35428-35435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16009]



[[Page 35428]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 1710319998630-02]
RIN 0648-BH39


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 43

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS hereby issues regulations to implement management 
measures described in Amendment 43 to the Fishery Management Plan for 
the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as 
prepared and submitted by the South Atlantic Fishery Management Council 
(Council). This final rule revises red snapper commercial and 
recreational annual catch limits (ACLs) and allows for the harvest of 
red snapper in South Atlantic Federal waters. Additionally, this final 
rule serves to provide notice of the red snapper commercial season 
opening date and the opening and closing dates for the recreational 
season in the South Atlantic for the 2018 fishing year. The purpose of 
this final rule is to minimize adverse socio-economic effects to 
fishermen and fishing communities that utilize red snapper as part of 
the snapper-grouper fishery, while preventing overfishing from 
occurring and continuing to rebuild the red snapper stock.

DATES: This final rule is effective July 26, 2018. The 2018 commercial 
red snapper season opens at 12:01 a.m., local time, July 26, 2018. The 
2018 recreational red snapper season opens at 12:01 a.m., local time, 
on August 10, 2018, and closes at 12:01 a.m., local time, on August 13, 
2018; then reopens at 12:01 a.m., local time, on August 17, 2018, and 
closes at 12:01 a.m., local time, on August 20, 2018.

ADDRESSES: Electronic copies of Amendment 43 may be obtained from 
www.regulations.gov or the Southeast Regional Office website at http://sero.nmfs.noaa.gov. Amendment 43 includes an environmental assessment, 
regulatory impact review, Regulatory Flexibility Act (RFA) analysis, 
and fishery impact statement.

FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional 
Office, telephone: 727-824-5305, or email: <a href="/cdn-cgi/l/email-protection#0c6a7e6d62672264696065697f4c62636d6d226b637a"><span class="__cf_email__" data-cfemail="492f3b28272267212c25202c3a0927262828672e263f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South 
Atlantic region is managed under the FMP and includes red snapper, 
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).
    On April 16, 2018, NMFS published a notification of availability 
for Amendment 43 and requested public comment (83 FR 16282). On May 17, 
2018, NMFS published a proposed rule for Amendment 43 and requested 
public comment (83 FR 22938). On July 13, 2018, the Secretary of 
Commerce (Secretary) approved Amendment 43 under section 304(a)(3) of 
the Magnuson-Stevens Act. The proposed rule and Amendment 43 outline 
the rationale for the actions contained in this final rule. Unless 
noted, all weights described in this final rule are in round weight. A 
summary of the management measure described in Amendment 43 and 
implemented by this final rule is provided below.

Background

    Harvest of red snapper from South Atlantic Federal waters was 
prohibited in 2010 through a temporary interim rule and then through 
Amendment 17A to the FMP when the stock was determined to be overfished 
and undergoing overfishing (Southeast Data, Assessment, and Review 
(SEDAR) 15, 2009)(74 FR 63673, December 4, 2009; 75 FR 76874, December 
9, 2010). Amendment 17A also implemented a 35-year red snapper 
rebuilding plan that began in 2010, and set the red snapper stock ACL 
at zero. In 2013, Amendment 28 to the FMP established a process that 
allowed red snapper harvest (ACL greater than zero) if total removals 
(landings plus dead discards) were less than the acceptable biological 
catch (ABC) in the previous fishing year (78 FR 44461, July 24, 2013). 
Using the process established through Amendment 28, limited harvest of 
red snapper was allowed in 2012, 2013, and 2014. However, because the 
estimated total removals of red snapper exceeded the ABC in 2014 and 
2015, due to estimates of red snapper discards that were incidentally 
harvested as bycatch while targeting other species, there was no 
allowable harvest in 2015 and 2016. Although the ABC was exceeded in 
2016, NMFS allowed limited commercial and recreational harvest of red 
snapper in 2017 by a temporary rule through emergency action pursuant 
to the Magnuson-Stevens Act (82 FR 50839, November 2, 2017) as a result 
of new scientific information regarding improvements in the red snapper 
stock.

Status of the Stock

    The most recent stock assessment for South Atlantic red snapper, 
SEDAR 41 (2017), was completed in 2016 and subsequently revised in 
2017. SEDAR 41 (2017) evaluated data through 2014 and determined the 
red snapper stock was overfished and that overfishing was occurring. 
The stock assessment indicated that overfishing was occurring because 
the estimated fishing mortality based on the average over the last 
three years of the assessment represented in the model (2012-2014) 
exceeded the maximum fishing mortality threshold. Though limited red 
snapper harvest was allowed in 2012-2014, a large majority of the 
estimated fishing mortality was attributed to very large and uncertain 
dead discard estimates when fishermen were targeting red snapper and 
species that co-occur with red snapper, such as vermilion snapper, gag, 
red grouper, black sea bass, gray triggerfish, greater amberjack, and 
scamp. The Council's Scientific and Statistical Committee (SSC) 
reviewed the SEDAR 41 (2017) stock assessment and indicated the 
estimate of recreational discards was the greatest source of 
uncertainty in the stock assessment. The assessment indicated that 
discards of red snapper increased over time due to changes in minimum 
landing size to 20 inches (51 cm) in 1992, increases in abundance of 
young fish from above-average year classes in some recent years, the 
introduction of the moratorium in 2010 and 2011, and the small 
commercial catch limits and recreational bag limits in the mini-seasons 
for 2012 onward. Most of the catch is now discarded, the number of 
discards is dependent upon fisher recall, and these estimates are 
expanded based on small sample size; thus, the quality of total fishery 
removals estimates is poor and uncertain, which will impact estimation 
of stock size and fishing mortality.
    In May 2016, the Council's Scientific and Statistical Committee 
(SSC) reviewed SEDAR 41 (2017) and had an extensive discussion of the 
uncertainties associated with the assessment. The SSC stated that the 
assessment was based on the best scientific information available, but 
noted the assessment findings were highly uncertain regarding to what 
extent overfishing was occurring (i.e., the actual numerical value of 
the current fishing mortality estimate), and regarding the measures of

[[Page 35429]]

discards. The SSC indicated that the most significant sources of 
uncertainty in the assessment include: The stock-recruitment 
relationship, natural mortality at age, the age structure of the 
unfished population, the composition and magnitude of recreational 
discards (where dead discards greatly outnumbered the landings during 
the years 2012 through 2014), and potential changes in catch per unit 
effort (CPUE). The SSC developed its ABC recommendations based on SEDAR 
41, and the total ABC recommendation for 2018 is 53,000 red snapper.
    The projections of yield streams used in SEDAR 41 (2017) included 
both landings and dead discards, which were added to obtain an estimate 
of the total removals. The SSC's 53,000 fish ABC recommendation is 
based on the sum of landed fish (18,000) and dead discarded fish 
(35,000). Accounting for fishery closures in 2015 and 2016, in January 
2017 the Council requested that the NMFS Southeast Fishery Science 
Center (SEFSC) provide red snapper projections under the assumption 
that all fish caught are subsequently discarded, believing that such 
projections would be more informative for management. The SEFSC advised 
the Council in February 2017 that the requested projections were not 
appropriate for management use because uncertainty in the assessment 
was already large, and the uncertainty would increase with a more 
complete evaluation of the effect of the upcoming changes to Marine 
Recreational Information Program (MRIP).
    Additionally, in their February 2017 response, the SEFSC advised 
the Council that the uncertainty in the stock assessment inhibits the 
ability to set an ABC that can be effectively monitored. The SEFSC 
further stated in an April 2017 letter to the Council, that the use of 
an ABC based primarily on fishery discards for monitoring the 
effectiveness of management action is likely ineffective due to the 
high level of uncertainty in measures of discards and the change in the 
effort estimation methodology that will be implemented in the MRIP 
survey. NMFS has determined that, given the extreme uncertainty 
associated with the red snapper recreational discard estimates, relying 
on those discard estimates for the management of red snapper is not 
appropriate, and the division of the SSC's ABC recommendation into 
landed and discarded fish is unwarranted.
    The results of SEDAR 41 (2017) using data through 2014, indicated 
that the red snapper stock was still overfished, but was rebuilding in 
accordance with the rebuilding plan. NMFS sent the Council a letter on 
March 3, 2017, noting these results and the SEFSC's concerns regarding 
the substantial uncertainty in the assessment, and advising the Council 
that sufficient steps had been taken to address overfishing of red 
snapper while continuing to rebuild the stock through harvest 
prohibitions in 2015 and 2016.
    This determination is supported by a significant increase in stock 
biomass since 2010 to levels not seen since the 1970's, and the 
increasing abundance of older age classes (SEDAR 41 2017). Additional 
support for the determination comes from fishery-independent 
information collected through the Southeast Reef Fish Survey (SERFS) 
program, and the East Coast Fisheries Independent Monitoring study 
conducted by the Florida Fish and Wildlife Conservation Commission 
(FWCC). According to the SERFS, the relative abundance (CPUE) of red 
snapper has increased since 2009, reaching the highest level observed 
in the entire time series (1990-2017) in 2017. Final information 
presented at the June 2018 Council meeting documented that red snapper 
had reached its highest level of abundance in 2017 since the time 
series began in 1990. In addition, the SERFS program notified the 
Council at the December 2017 meeting that red snapper relative 
abundance, as measured through fishery-independent monitoring, 
increased 18 percent from 2016 to 2017. Information presented to the 
Council at their June 2018 meeting revealed that red snapper, which was 
once rare in SERFS samples and ranked less than 15 in abundance in the 
past, is now the 8th most abundant species taken by the fishery-
independent survey.
    According to the results of FWCC's study, CPUE for red snapper for 
hook gear (surveyed in 2012, 2014, 2016, and 2017) and the standardized 
index of abundance (surveyed from 2014-2017) was highest in 2017. The 
FWCC data also showed a greater number of large red snapper and a 
broader range of ages in recent years, which suggests rebuilding 
progress of the red snapper stock. The increase in relative abundance 
of red snapper, as indicated by the fishery-independent SERFS and FWCC 
CPUE indices, has taken place despite landings during the limited 
seasons in 2012-2014, and despite the large number of estimated red 
snapper dead discards during the harvest restrictions implemented for 
red snapper since 2010.
    As a result of the new scientific information regarding the red 
snapper stock, NMFS allowed limited harvest of red snapper beginning 
November 2, 2017, by a final temporary rule through emergency action 
(82 FR 50839, November 2, 2017). The amount of harvest allowed in the 
temporary rule was equivalent to the amount of observed landings in the 
2014 fishing season, and this final rule allows for the same amount of 
harvest annually beginning in 2018. NMFS has determined that allowing 
the same amount of harvest as harvest that occurred in 2014 is unlikely 
to result in overfishing or to change the red snapper rebuilding time 
period. NMFS has determined that Amendment 43 is based on the best 
scientific information available. Additionally, the ACL implemented in 
Amendment 43 is less than the total ABC of 53,000 fish for 2018 
recommended by the SSC from SEDAR 41 in accordance with the Magnuson-
Stevens Act and the National Standard 1 Guidelines. See 16 U.S.C. 
1852(h)(6), and 50 CFR 600.310(f)(4)(i).

Management Measure Contained in This Final Rule

    Based on the actions in Amendment 28, the FMP currently contains 
total ABCs for red snapper that represent the sum of one component for 
landings and another for dead discards. By changing the process for 
determining the ACL for red snapper established in Amendment 28, this 
final rule implements management measures concerning the commercial and 
recreational harvest, beginning in 2018. Limited commercial and 
recreational harvest of red snapper would be allowed by implementing a 
total ACL of 42,510 fish, based on the landings observed during the 
limited red snapper season in 2014. This ACL is less than the SSC's 
most recent total ABC recommendation for 2018 of 53,000 red snapper, 
and is less than the 79,000 fish landings component of the 135,000 fish 
total ABC projection for 2018 in Amendment 28. Based on the current 
sector allocation ratio developed by the Council for red snapper of 
28.07 percent commercial and 71.93 percent recreational, the total ACL 
is separated into a commercial ACL of 124,815 lb (56,615 kg), round 
weight, and a recreational ACL of 29,656 fish. The commercial sector's 
ACL is set in pounds of fish because the commercial sector reports 
landings in weight. Therefore, weight is a more accurate representation 
of commercial landings. In this final rule, for the commercial sector, 
one red snapper is equivalent to 9.71 lb (4.40 kg). ACLs for the 
recreational sector are specified in numbers of fish, because the 
Council determined that numbers of fish are a more reliable estimate 
for that sector than specifying the ACL in weight of

[[Page 35430]]

fish. Because surveys that estimate recreational landings collect 
information on numbers of fish and convert those numbers to weights 
using biological samples that are sometimes limited, the Council 
believes that there can be uncertainty in estimates of recreational 
landings by weight.

Additional Changes to Codified Text Not in Amendment 43

    To implement the limits on red snapper harvest described in 
Amendment 43, this final rule not only amends the existing regulations 
to make the changes to the ACLs previously described, but also makes 
other minor modifications to the existing regulations. Thus, the 
regulatory text of this final rule implements several management 
measures in Amendment 43 that function as accountability measures (AMs) 
to constrain red snapper harvest to these ACLs. Specifically, new 
language in the regulatory text sets limits on commercial and 
recreational red snapper seasons by providing that recreational harvest 
begins on the second Friday in July, and that the recreational season 
consists of weekends only (Friday, Saturday, and Sunday). Under 
Amendment 43 and this final rule's regulatory text, the length of the 
recreational fishing season serves as the AM for the recreational 
sector. The length of the recreational red snapper season is projected 
based on catch rate estimates from previous years, and the projected 
fishing season end-date will be announced each year in the Federal 
Register before the start of the season.
    Under Amendment 43 and the final rule's regulatory text, the 
commercial season will begin each year on the second Monday in July. If 
commercial landings reach or are projected to reach the commercial ACL, 
then the commercial AM would close the sector for the remainder of that 
current fishing year. NMFS will monitor commercial landings in-season, 
and if commercial landings reach or are projected to reach the 
commercial ACL, then NMFS will file a notification with the Office of 
the Federal Register to close the commercial sector for red snapper for 
the remainder of the fishing year. In 2018, given the timing of 
implementation for this final rule, the commercial and recreational 
fishing seasons will not be able to open exactly on these dates in July 
as described, and therefore this final rule also announces the 
applicable 2018 commercial and recreational seasons, which are as close 
to the July dates as possible.
    In addition to setting sector ACLs and describing AMs for 
commercial and recreational harvest, this final rule revises the 
temporal application of the current commercial trip limit of 75 lb (34 
kg), gutted weight, and the recreational bag limit of 1 fish per person 
per day during the open seasons for red snapper. In an effort to 
decrease regulatory discards (fish returned to the water because they 
are below the minimum size limit), no size limits are implemented for 
either sector through this final rule.
    NMFS notes that current regulations contain a severe weather 
provision with respect to modifying the commercial and recreational 
sector season dates (50 CFR 622.183(b)(5)(ii)). The Regional 
Administrator (RA) has the authority to modify the season opening and 
closing dates if severe weather conditions exist. The RA would 
determine when severe weather conditions exist, the duration of the 
severe weather conditions, and which geographic areas are deemed 
affected by severe weather conditions. If severe weather conditions 
exist or if NMFS determines the commercial or recreational ACLs were 
not harvested and a reopening of either or both sectors in the current 
fishing year would be possible, the RA would file a notification to 
that effect with the Office of the Federal Register, and include in 
that notification an announcement of any change in the red snapper 
commercial and recreational fishing seasons. The regulatory text of 
this final rule does not alter this existing authority.

2018 Commercial and Recreational Fishing Season Dates

    In addition to the measure to change the process for determining 
red snapper harvest and the associated modifications to existing 
regulations, for the 2018 fishing year only, this final rule serves to 
announce the red snapper commercial season opening date and the 
recreational season opening and closing dates for this current fishing 
year. Amendment 43 and this final rule describe the specific timing for 
these seasons to have the commercial season begin each year on the 
second Monday in July and the recreational season to begin on the 
second Friday in July. Given the timing required for rulemaking and 
implementation of this final rule, the sector seasonal opening dates in 
July described in Amendment 43 will not be met. Therefore, NMFS, in 
consultation with the Council, sets a later 2018 season opening date in 
this final rule for each sector to begin their allowable harvest.
    Accordingly, the 2018 commercial red snapper season opens at 12:01 
a.m., July 26, 2018. The 2018 recreational red snapper season opens at 
12:01 a.m., local time, on August 10, 2018, and closes at 12:01 a.m., 
local time, on August 13, 2018; then reopens at 12:01 a.m., local time, 
on August 17, 2018, and closes at 12:01 a.m., local time, on August 20, 
2018. The commercial sector will close for the remainder of the fishing 
year if commercial landings reach or are projected to reach the 
commercial ACL. On or after the effective date of a commercial closure 
notification, all sale or purchase of red snapper is prohibited and 
harvest or possession of red snapper is limited to the bag and 
possession limits if recreational harvest is still allowed. 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. On and after the effective 
date of a recreational closure notification, the bag and possession 
limits for red snapper are zero.
    In 2019, and subsequent fishing years, NMFS expects the commercial 
and recreational fishing seasons to open in July as described in 
Amendment 43.

Comments and Responses

    A total of 2,415 comments from commercial fishermen, recreational 
fishermen (including both private and charter vessel/headboat 
operators), commercial and recreational fishing associations, non-
governmental organizations, and the general public were received during 
the public comment period on the notice of availability and proposed 
rule for Amendment 43. Of these comments, 2,240 were identical form 
letters that supported the approval and rapid implementation of 
Amendment 43; stating that the red snapper stock has increased in 
abundance over the last several years at a faster rate than predicted 
by the rebuilding plan, and that a limited harvest would provide access 
and opportunity for anglers and much needed data for future stock 
assessments. The majority of the other comments were also in favor of 
allowing a limited harvest of red snapper in 2018 and beyond. NMFS 
acknowledges the comments in favor of all or part of the actions in 
Amendment 43 and the proposed rule, and agrees with them. Specific 
favorable comments supported the ability to have Federal commercial and 
recreational seasons, the ability to have these seasons open in July, 
and the use of the commercial and recreational

[[Page 35431]]

management measures in Amendment 43. The comments against the action 
included concern that allowing limited harvest would negatively impact 
the rebuilding progress and increase the risk to the stock. Comments 
that were beyond the scope of Amendment 43 and the proposed rule are 
not responded to in this final rule. In this final rule, no changes 
were made in response to public comment on Amendment 43 or the proposed 
rule. Comments that specifically relate to the action contained in 
Amendment 43 and the proposed rule, as well as NMFS' respective 
responses, are summarized below.
    Comment 1: The science supporting Amendment 43 is flawed. The red 
snapper stock in the South Atlantic is abundant and is neither 
overfished, nor undergoing overfishing.
    Response: The most recent stock assessment (SEDAR 41 2017), using 
data through 2014, indicated that the South Atlantic red snapper stock 
was overfished and overfishing was occurring but that the stock was 
rebuilding. Despite the overfishing and overfished determinations, 
SEDAR 41 indicated substantial increases in stock abundance and 
recruitment, as well as total biomass and spawning biomass. Additional 
support for the determination that the stock is rebuilding comes from 
fishery-independent information collected through the SERFS program, 
and through the East Coast Fisheries Independent Monitoring study 
conducted by the FWCC. Therefore, NMFS determined that sufficient steps 
had been taken through the harvest prohibitions in 2015 and 2016 to 
address the overfishing, and that the red snapper stock was rebuilding 
in accordance with the rebuilding plan.
    NMFS, the Council, and the Council's SSC have all acknowledged the 
uncertainties in the most recent red snapper stock assessment. The SSC 
indicated that the most significant sources of uncertainty in the 
assessment include: The stock-recruitment relationship, natural 
mortality at age, the age structure of the unfished population, the 
composition and magnitude of recreational discards (where dead discards 
greatly outnumbered the landings during the years 2012 through 2014), 
and potential changes in CPUE. Despite the uncertainties, the Council's 
SSC stated that the assessment was based on the best scientific 
information available, and recommended an ABC to the Council.
    Comment 2: NMFS should not allow limited harvest of red snapper to 
occur because the stock is overfished and is in a 35 year rebuilding 
plan that began in 2010. Allowing directed harvest will negatively 
impact the rebuilding progress and increases the risk to the stock. 
Amendment 43 authorizes an amount of landings that is greater than the 
amounts that resulted in overfishing in the past.
    Response: NMFS disagrees, and has determined that allowing harvest 
equivalent to the 2014 landings (42,510 fish) will not result in 
overfishing or negatively impede the stock's rebuilding progress. The 
total ACL is less than the ABC (53,000 fish) recommended by the SSC for 
2018, and SEDAR 41 (2017), using data through 2014, indicated that the 
stock was rebuilding in accordance with the rebuilding plan despite the 
limited harvest allowed in 2012 through 2014. Additional information, 
as reported to the Council after the completion of the stock 
assessment, supports the findings that stock abundance is increasing. 
The recent fishery-independent information collected through the SERFS 
program indicated that relative abundance, represented by CPUE, of red 
snapper had increased since 2009, reaching the highest observed in the 
entire time series (1990-2017) in 2017. Additionally, fishery-
independent information collected by the FWCC showed that CPUE for red 
snapper (as surveyed in 2012, 2014, 2016, and 2017) and the 
standardized index of abundance (as surveyed from 2014-2017) was 
highest in 2017. The FWCC data also showed more larger sized red 
snapper and a broader range of ages, which suggests rebuilding progress 
of the red snapper stock.
    Comment 3: SEDAR 41 fails to determine the levels of overfishing 
and discards. Because NMFS has determined that the data collected are 
inconclusive, allowing fishing of red snapper is risky. In addition, 
Amendment 43 does not explain how the SSC determined the division of 
landed and discarded fish.
    Response: SEDAR 41 (2017) evaluated data through 2014 from multiple 
different sources and determined the red snapper stock was overfished 
and that overfishing was occurring; however, the stock is rebuilding. 
The stock assessment results concluded that overfishing was occurring 
because the estimated fishing mortality based on the average over the 
last three years of the assessment represented in the model (2012-2014) 
exceeded the maximum fishing mortality threshold. Though limited red 
snapper harvest was allowed in 2012-2014, a large majority of the 
estimated fishing mortality was attributed to very large and uncertain 
dead discard estimates when fishermen were targeting red snapper and 
species that co-occur with red snapper. The SSC determined that the 
assessment findings were highly uncertain regarding the extent of 
overfishing, particularly due to the composition and magnitude of 
recreational discards, where dead discards greatly outnumbered the 
landings during the years 2012 through 2014. Thus, NMFS agrees that 
uncertainty exists in the stock assessment and stock determinations, as 
discussed in the responses to Comments 1 and 2. However, the increase 
in relative abundance of red snapper as indicated by the SEDAR 41 and 
fishery-independent CPUE indices, has taken place despite landings 
during the limited seasons in 2012-2014 and despite the large number of 
estimated red snapper dead discards during the closures implemented for 
red snapper since 2010. NMFS has determined that restricting harvest to 
the amount of harvest that occurred in 2014 will allow the population 
to continue to rebuild as scheduled.
    The SSC provides an ABC recommendation based on catch projections 
from a stock assessment. The Council's SSC total ABC recommendation for 
2018 is 53,000 red snapper, which is the sum of landed fish (18,000) 
and dead discarded fish (35,000). However, NMFS has determined that 
relying on those dead discard estimates for the management of red 
snapper is not appropriate. NMFS has determined that the discard 
estimates should be regarded as unreliable for management action due to 
the extreme uncertainty of the estimates, coupled with the fishery-
independent evidence of substantial gains in stock abundance and 
rebuilding.
    Comment 4: The red snapper stock is overly abundant resulting in 
red snapper negatively impacting reef communities and therefore the 
proposed regulations in Amendment 43 would be overly restrictive. 
Recreational fishermen suggested a number of alternative management 
measures be implemented. These include a higher recreational ACL, a 40-
120 day or year-round season similar to the recreational red snapper 
season in the Gulf of Mexico (Gulf), and a larger recreational bag 
limit of two to four fish per person or six to 12 fish per vessel per 
day.
    Response: A limited fishing season for red snapper and a 
conservative recreational bag limit are necessary management measures 
to constrain the harvest to the recreational ACL. A larger bag limit 
(e.g., two to four fish per person per day) would likely result in

[[Page 35432]]

an even shorter fishing season as recreational effort would then be 
increased and the recreational ACL would be reached sooner than under 
current management measures as described in this final rule. The 
Council and NMFS determined that the current regulations, including a 
one fish per person per day recreational bag limit, would allow a 
sustainable level of harvest consistent with the rebuilding plan for 
red snapper in the South Atlantic. The red snapper stock in the Gulf is 
larger than the South Atlantic stock, and, the Gulf of Mexico Fishery 
Management Council's SSC recommended a much higher ABC for the Gulf 
stock of red snapper than what is recommended for the South Atlantic 
red snapper stock. This allowed for a longer fishing season and higher 
catch levels for red snapper in the Gulf than for red snapper in the 
South Atlantic.
    Comment 5: Amendment 43 proposes to give more red snapper to the 
commercial sector and not enough to the recreational sector.
    Response: NMFS disagrees that Amendment 43 changes the sector 
allocations to favor the commercial sector. Amendment 43 and this final 
rule implement sector ACLs based on the Council's previously approved 
allocations for red snapper of 71.93 percent recreational and 28.07 
percent commercial. The Council determined those allocations through 
the Comprehensive ACL Amendment to the FMP, and the allocations were 
based on a combination of long-term and recent catch history (77 FR 
15916, March 16, 2012). Therefore, the ACLs implemented in this final 
rule maintain the same sector allocations as were previously 
implemented, and the Council did not examine alternatives to the sector 
allocations in Amendment 43.
    Comment 6: Commercial harvest should be reduced and/or there should 
be no commercial season, as the economic benefit on a per fish basis 
caught by the recreational sector far surpasses that generated by the 
commercial sector.
    Response: NMFS disagrees that Amendment 43 should only allow for a 
recreational season and either prohibit or proportionally reduce the 
commercial season. National Standard 4 of the Magnuson-Stevens Act 
requires NMFS to ensure that allocations are fair and equitable to all 
fishermen, are reasonably calculated to promote conservation, and are 
carried out in such a manner that no particular individual, 
corporation, or other entity acquires an excessive share. As described 
in the response to Comment 5, the Council established allocations for 
red snapper using a formula that balanced long-term catch history with 
recent catch history, rather than estimates of economic value. This 
approach was determined as the most fair and equitable way to allocate 
fishery resources by the Council and follows the principles of the 
National Standard 4 and its guidelines.
    Although surveys that examine recreational fisher willingness to 
pay, as well as recreational trip expenditures and associated economic 
impacts estimates, may suggest that recreational harvest of red snapper 
generates greater economic benefits than commercial harvest, the matter 
of setting sector allocation is complex and involves the consideration 
of many economic, social, and ecological factors. Additionally, 
National Standard 5 of the Magnuson-Stevens Act states that no 
management measure shall have economic allocation as its sole purpose. 
The Council continues to examine and receive input on fisheries 
allocation decisions, but allocations are outside the scope of this 
final rule.
    Comment 7: The limited red snapper season should not open in July 
as described in Amendment 43. A suggestion was to open in May so as not 
to be in the middle of the red snapper spawning season that could lead 
to higher discards and related mortality. Opening in May would also 
coincide with the opening of the shallow-water grouper fishing season. 
Comments also supported opening in September or October, instead of 
July, so that fishermen do not have to travel far offshore to harvest 
red snapper.
    Response: The Council and NMFS determined the July start dates 
through Amendment 28 to the FMP and did not change those dates in 
Amendment 43. Amendment 28 included alternatives that examined season 
start dates for both sectors in July, August, and September. The 
Council selected the July start dates as the preferred alternative to 
decrease the chances of inclement weather events affecting the season, 
thus promoting safety at sea and increasing the chance of small vessels 
participating in the fishery. During past seasonal openings that 
occurred in September, November, and December, NMFS received complaints 
from fishermen, particularly those with smaller vessels, that inclement 
weather minimized fishing opportunities during the limited red snapper 
fishing season. Additionally, the Council determined during the 
development of Amendment 28, that season start dates after September 1 
would prevent the entire ACL from being harvested and constrain the 
fair and equitable access to red snapper harvest among fishermen in all 
southeastern Atlantic states.
    The red snapper spawning season in the South Atlantic extends from 
May to October, peaking in July through September. NMFS acknowledges 
that allowing limited harvest as proposed in Amendment 43 could result 
in catch and discards of some spawning red snapper. However, Amendment 
43 allows for only a limited red snapper harvest and current estimates 
of recreational discards are highly uncertain. Therefore, the limited 
harvest of red snapper may include some spawning fish as a result of 
Amendment 43 and this final rule, but it is not expected to affect the 
rebuilding of the stock.
    Comment 8: The commercial sector's season will open prior to the 
recreational sector opening, so commercial fishermen will be allowed to 
fish every day while the recreational sector will be allowed to fish 
only on weekends. The recreational fishing seasons should occur on all 
days of the week, not just weekends, because many work on weekends. The 
3-day weekend fishing events create a dangerous situation for boaters 
by forcing them to go out of inlets at the same time and regardless of 
weather conditions.
    Response: The season structure for limited red snapper seasons was 
implemented through Amendment 28, and the Council did not consider 
modifications in Amendment 43. The Council and NMFS have determined 
that the commercial and recreational sectors will have different start 
dates and different season lengths for the limited red snapper harvest 
as a result of differences in the sectors, much of which was discussed 
and determined in Amendment 28. The recreational seasons will occur on 
the weekends only (Friday through Sunday) to provide the overall 
benefits of the recreational season to the greatest number of 
participants. As discussed in Amendment 28, the majority of 
recreational fishermen fish on the weekends, and weekend-only seasons 
would provide the majority of recreational fishermen access to the 
resource when they are not working. In contrast, most commercial 
fishermen fish throughout the week; therefore, the Council and NMFS 
determined that openings consisting of all 7 days of the week provides 
the most fishing opportunities for commercial fishermen.
    Additionally, the start dates of the commercial and recreational 
sectors will not align as a result of how the respective ACLs will be 
harvested. The commercial sector is expected to need the maximum amount 
of time during

[[Page 35433]]

these limited fishing seasons to reach the commercial ACL, and so their 
season opening will occur as soon as practicable. The recreational 
sector will harvest its ACL much more rapidly, and so their overall 
days of harvest will be more limited, and, as previously described, 
will consist of weekends only.
    NMFS has no specific information that the recreational weekend-only 
seasons creates a unique safety issue. As described in Amendment 43, 
the actions in this final rule are not expected to change the way the 
snapper-grouper fishery is prosecuted and is not expected to result in 
additional adverse impacts to safety at sea beyond the status quo.
    Additionally, the Council and NMFS have taken action to mitigate 
the adverse effects to fishermen from fishing in inclement weather. As 
described in this final rule, the Regional Administrator has the 
authority to modify the season opening and closing dates if severe 
weather conditions exist.
    Comment 9: Not setting a minimum size limit during the limited 
harvest for red snapper could increase regulatory discards through 
high-grading (only retaining larger-sized fish). A 16-inch (41-cm) or 
20-inch (51-cm) minimum size limit would reduce high-grading and ensure 
more female red snapper reach maturity. Also, implementing slot size 
limits (allowing a fish to be kept only if it falls within the size 
range) could preserve the breeding stock (e.g., 16 to 20 inches (41-51 
cm) or 15 to 22 inches (38-56 cm)).
    Response: The removal of minimum size limits for red snapper was 
implemented through Amendment 28, and the Council did not consider 
modifications in Amendment 43. Because a large portion of released red 
snapper do not survive the trauma of capture, the Council and NMFS 
decided that not having a minimum size limit is likely to reduce dead 
regulatory discards. Not having a minimum size limit should also have a 
positive effect on the breeding population because red snapper release 
mortality is high and red snapper begin spawning at a young age (as 
young as 1-year old fish) and at small sizes. However, NMFS 
acknowledges that the net effect of not setting a minimum size limit on 
the number of regulatory discards is unknown. A fisherman may high-
grade their catch regardless of whether a minimum size limit is in 
effect for red snapper. The Council and NMFS determined that by not 
setting a minimum size limit and allowing a fisherman to keep the first 
fish caught, regardless of its size, should both enhance protection to 
the breeding stock and decrease regulatory discards because the fish 
will not have to be returned to the water.
    Comment 10: A commercial trip limit of 75-lb (34-kg) per trip per 
day is too low to be profitable. A trip limit of 200-250 lb (91-113 kg) 
would be more reasonable.
    Response: The Council and NMFS implemented the 75-lb (34-kg) 
commercial trip limit through Amendment 28, and the Council did not 
consider modifications in Amendment 43. During the development of 
Amendment 28, the Council considered commercial trip limits between 25 
and 100-lb (11-45 kg), gutted weight. The Council concluded that a 75-
lb (34-kg) trip limit would promote full harvest of the commercial ACL 
and help achieve the optimum yield for red snapper. In Amendment 43 the 
Council determined that changes to the commercial sector are likely to 
have minimal impact on the overall bycatch. The low trip limit of 75-lb 
(34-kg) for red snapper would likely prevent trips that solely target 
red snapper. Instead, red snapper would be caught on trips targeting 
other species and the incidental catch of red snapper would be 
retained. The commercial sector would have little incentive to high-
grade since the trip limit is established based on a weight limit. As a 
result of the small trip limit and no minimum size limit, commercial 
harvest of red snapper is expected to be primarily a ``bycatch 
allowance'' while targeting other snapper-grouper species, and 
therefore the potential for high-grading is expected to be minimal.
    In 2013 and 2014, during which time the fishery was open and the 
75-lb commercial trip limit was in effect, the commercial ACL was fully 
harvested. However, as commercial trip limits increase, the rate at 
which the commercial ACL is harvested also increases. Higher trip 
limits, such as those of 200-250 lb (91-113 kg), and the corresponding 
higher rate of harvest, could result in a shorter commercial season and 
would likely lead to a race-to-fish (derby) situation.
    Comment 11: Specifying the commercial ACL in round weight does not 
make sense as the commercial trip limit is measured in gutted weight.
    Response: SEDAR 41 provided commercial red snapper landings in 
pounds whole weight (round weight), and the Council specified the 
commercial ACL in pounds round weight in Amendment 43. Commercial 
fishermen report their catch per trip in gutted weight. As a result of 
the travel distance from the commercial fishing grounds to the dock, 
commercial fishermen eviscerate fish to preserve the quality of the 
product. In addition, law enforcement checks the gutted weight of fish 
landed against regulations specific to a commercial trip, and they 
would otherwise not be able to identify an accurate weight 
determination if round weight were used for trip limits. For commercial 
ACL tracking, the amount of fish caught per weight in gutted weight is 
converted by a factor of 1.10 to that of a fish in round weight. By 
this means, the fish weights are accounted for and tracked to be 
consistent with what is needed both at the dock and for management 
purposes, and therefore having weights described in both gutted and 
round weight is not an issue for management of red snapper.
    Comment 12: Data collection plans for red snapper, particularly for 
recreational landings and discards, should be specified prior to any 
established fishing season.
    Response: Data collection programs are currently in place to obtain 
information during the limited red snapper seasons. Commercial landings 
are tracked through dealer reports on a weekly basis. Landings and 
discards from charter vessels are monitored through the survey of 
charter vessels by the MRIP. Headboats currently submit an electronic 
fishing report for each trip at weekly intervals, or at intervals 
shorter than a week if notified by the Director of the SEFSC. 
Additionally, an intensive sampling program will be implemented by all 
South Atlantic states for 2018 and for the limited red snapper 
recreational fishing seasons in subsequent years. The goal of the 
sampling program is to capture fishery-dependent charter vessel and 
private angler data during the recreational red snapper season. During 
development of Amendment 43, state agency personnel from North 
Carolina, South Carolina, Georgia, and Florida pledged similar 
participation to that implemented during the 2017 season for any 
subsequently implemented fishing seasons. These data collection 
elements were successfully utilized during previous red snapper limited 
fishing seasons, most recently in 2017.
    Comment 13: The use of descending devices to reduce discard 
mortality of released red snapper should be required.
    Response: The Council is currently exploring strategies to reduce 
discards and discard mortality of red snapper and other snapper-grouper 
species in Regulatory Amendment 29 to the FMP, including an action to 
require descending devices and/or venting tools onboard a vessel 
targeting snapper-grouper species. The required use of

[[Page 35434]]

descending devices for red snapper was not included by the Council as a 
measure in Amendment 43. At this time, the use of descending devices is 
not required, but snapper-grouper fishers may use them on a voluntary 
basis.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is consistent with Amendment 43, the FMP, the 
Magnuson-Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866. NMFS expects this final rule would 
have economic benefits because it would allow for commercial and 
recreational harvest of red snapper that would not otherwise be 
expected to occur.
    The Magnuson-Stevens Act provides the statutory basis for this 
final rule. No duplicative, overlapping, or conflicting Federal rules 
have been identified.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this rule 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. None of the public comments 
that were received specifically addressed the certification. Public 
comments relating to socio-economic implications and potential impacts 
on small businesses are addressed in the responses to Comment 6 and 
Comment 10 in the Comments and Responses section of the preamble of 
this final rule. None of these comments presented new information that 
would affect the determination.
    NMFS notes that this final rule will set the opening dates for the 
2018 commercial and recreational red snapper seasons and the closing 
date for the recreational sector (see DATES section). Because the 2018 
commercial season will begin later than the opening date described in 
Amendment 43 and the proposed rule (i.e., later than the second Monday 
in July), the economic benefits associated with aggregate commercial 
harvest of red snapper may be lower in the 2018 fishing year than what 
was estimated in Amendment 43. In subsequent years, economic benefits 
would be expected to be consistent with the estimates contained in 
Amendment 43. However, even if economic benefits may be lower than 
predicted in 2018 due to the later opening date for the 2018 commercial 
red snapper season, economic benefits would still accrue. Therefore, 
this component of the final rule does not affect the previous 
determination that this action is not expected to have any adverse 
direct economic effects on any small entities.
    Because NMFS has not received any new information that would affect 
its determination that this rule would not have a significant economic 
impact on a substantial number of small entities, a final regulatory 
flexibility analysis was not required and none was prepared.
    The AA finds good cause to waive the 30-day delay in effectiveness 
of the actions under 5 U.S.C. 553(d)(3) because it is contrary to the 
public interest. NOAA's National Hurricane Center indicates that the 
peak of the hurricane season for the Atlantic Basin (the Atlantic 
Ocean, Caribbean Sea, and Gulf) is from mid-August to late October. The 
Council selected the July start dates as the preferred alternative to 
avoid the peak of the hurricane season, and thus to decrease the 
chances of inclement weather events affecting the red snapper fishing 
season, thereby promoting safety at sea and increasing the chance of 
small vessels participating in the fishery. Amendment 43 indicates that 
the commercial sector will open on the second Monday in July and close 
when its ACL is projected to be met, or at 11:59 p.m. on December 31, 
2018, if the commercial ACL is not met before this date. Amendment 43 
also provides that the opening and closing dates for the recreational 
season will be specified before it begins and will be on weekends only, 
beginning on the second Friday in July. In 2018, given the timing of 
the implementation for this final rule, the commercial and recreational 
fishing seasons will not be able to open exactly on these dates in July 
as described; however, waiving the delay in the effective dates would 
allow NMFS to open the fishery as close as practicable to these dates.
    Safety at sea is of particular concern for smaller vessels that 
might be used by the recreational sector to target red snapper during 
abbreviated recreational fishing seasons. Implementing the start of the 
2018 recreational season as soon as practicable maximizes the 
possibility of avoiding the periods more likely to coincide with severe 
tropical activity that could endanger recreational vessels. In 
addition, implementing this final rule upon publication ensures the 
expected result of revenue increases to commercial vessels and benefit 
increases to recreational anglers, in addition to providing opportunity 
to for-hire vessels in booking additional trips that could increase 
their revenues and profits. If this rule is implemented upon the date 
of publication, fishermen will be able to keep a limited number of red 
snapper in 2018, that they otherwise would be required to discard. The 
recreational season opening begins approximately 2 weeks after the rule 
publishes, with publication of this final rule serving as advance 
notice of the 2018 season opening, while also allowing the recreational 
sector to prepare for their upcoming harvest. Implementing this final 
rule as soon as practicable in 2018 allows for a greater opportunity 
for the commercial sector to reach its ACL in the 2018 fishing year, 
given the commercial trip limit. In contrast, delaying the 
implementation of this rulemaking would reduce the effectiveness of 
Amendment 43 in the 2018 fishing year. The harvest allowed in this 
final rule for 2018 and in subsequent fishing years is not expected to 
result in overfishing or to impede rebuilding of the stock.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Red snapper, 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

0
1. The authority citation for part 622 continues to read as follows:

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


0
2. In Sec.  622.181, remove and reserve paragraph (b)(2) and add 
paragraph (c)(2) to read as follows:


Sec.  622.181  Prohibited and limited-harvest species.

* * * * *
    (c) * * *
    (2) Red snapper. Red snapper may only be harvested or possessed in 
or from the South Atlantic EEZ during the commercial and recreational 
seasons as specified in Sec. Sec.  622.183(b)(5) and 622.193(y). Any 
red snapper caught in the South Atlantic EEZ during a time other than 
the specified commercial or recreational seasons specified in Sec.  
622.193(y) must be released immediately with a minimum of harm. In 
addition, for a person on board a vessel for which a valid Federal 
commercial or charter vessel/headboat permit for South Atlantic 
snapper-

[[Page 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.

0
3. In Sec.  622.183, revise paragraph (b)(5)(i) to read as follows:


Sec.  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 
Sec.  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 Sec.  622.193(y), for establishing the end date 
of the commercial fishing season.
* * * * *

0
4. In Sec.  622.187, revise paragraph (b)(9) to read as follows:


Sec.  622.187  Bag and possession limits.

* * * * *
    (b) * * *
    (9) Red snapper--1.
* * * * *

0
5. In Sec.  622.191, revise paragraph (a)(9) to read as follows:


Sec.  622.191  Commercial trip limits.

* * * * *
    (a) * * *
    (9) Red snapper. Until the commercial ACL specified in Sec.  
622.193(y)(1) is reached, 75 lb (34 kg), gutted weight.
* * * * *

0
6. In Sec.  622.193, revise paragraph (y) to read as follows:


Sec.  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 Sec.  
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 Sec.  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 Sec.  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


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>