35428 Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Rules and Regulations 

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; SnapperGrouper 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: frank.helies@noaa.gov. 

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 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Rules and Regulations 35429 

discards. The SSC indicated that the 

most significant sources of uncertainty 

in the assessment include: The stockrecruitment 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 fisheryindependent 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 


sradovich on DSK3GMQ082PROD with RULES
35430 Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Rules and Regulations 

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 


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


sradovich on DSK3GMQ082PROD with RULES
35432 Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Rules and Regulations 

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 MagnusonStevens 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 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Rules and Regulations 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 highgrading 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 raceto-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 fisherydependent 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 snappergrouper species. The required use of 


sradovich on DSK3GMQ082PROD with RULES
35434 Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Rules and Regulations 

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 forhire 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 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

■ 2. In § 622.181, remove and reserve 

paragraph (b)(2) and add paragraph 

(c)(2) to read as follows: 

§ 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 §§ 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 

§ 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 snapperVerDate Sep<11>2014 15:49 Jul 25, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1

sradovich on DSK3GMQ082PROD with RULES
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