Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations 1305 

may use the RIN contained in the 

heading at the beginning of this 

document to find this action in the 

Unified Agenda, available at http://

www.reginfo.gov/public/do/ 

eAgendaMain. 

List of Subjects in 46 CFR Part 506 

Administrative practice and 

procedure, Penalties. 

For the reasons stated in the 

preamble, part 506 of title 46 of the 

Code of Federal Regulations is amended 

as follows: 

PART 506—CIVIL MONETARY 

PENALTY INFLATION ADJUSTMENT 

■ 1. The authority citation for part 506 

continues to read as follows: 

Authority: 28 U.S.C. 2461. 

■ 2. Amend § 506.4 by revising 

paragraph (d) to read as follows: 

§ 506.4 Cost of living adjustments of civil 

monetary penalties. 

* * * * * 

(d) Inflation adjustment. Maximum 

civil monetary penalties within the 

jurisdiction of the Federal Maritime 

Commission are adjusted for inflation as 

follows: 

United States Code citation Civil monetary penalty description 

Maximum 

penalty 

amount as of 

January 15, 

2017 

Maximum 

penalty 

as of 

January 15, 

2018 

46 U.S.C. 42304 ............... Adverse impact on U.S. carriers by foreign shipping practices .............................. 2,011,061 2,052,107 

46 U.S.C. 41107(a) ........... Knowing and Willful violation/Shipping Act of 1984, or Commission regulation or 

order.

57,391 58,562 

46 U.S.C. 41107(b) ........... Violation of Shipping Act of 1984, Commission regulation or order, not knowing 

and willful.

11,478 11,712 

46 U.S.C. 41108(b) ........... Operating in foreign commerce after tariff suspension ........................................... 114,782 117,125 

46 U.S.C. 42104 ............... Failure to provide required reports, etc./Merchant Marine Act of 1920 .................. 9,054 9,239 

46 U.S.C. 42106 ............... Adverse shipping conditions/Merchant Marine Act of 1920 .................................... 1,810,706 1,847,663 

46 U.S.C. 42108 ............... Operating after tariff or service contract suspension/Merchant Marine Act of 1920 90,535 92,383 

46 U.S.C. 44102 ............... Failure to establish financial responsibility for non-performance of transportation 22,868 

762 

23,335 

778 

46 U.S.C. 44103 ............... Failure to establish financial responsibility for death or injury ................................. 22,868 

762 

23,335 

778 

31 U.S.C. 3802(a)(1) ........ Program Fraud Civil Remedies Act/makes false claim ........................................... 10,957 11,181 

31 U.S.C. 3802(a)(2) ........ Program Fraud Civil Remedies Act/giving false statement ..................................... 10,957 11,181 

By the Commission. 

Rachel E. Dickon, 

Assistant Secretary. 

[FR Doc. 2018–00319 Filed 1–10–18; 8:45 am] 

BILLING CODE 6731–AA–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 170324313–7999–02] 

RIN 0648–BG77 

Fisheries of the Caribbean, Gulf of 

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

Region; Amendment 41 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS implements 

management measures described in 

Amendment 41 to the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (Snapper-Grouper FMP), as 

prepared and submitted by the South 

Atlantic Fishery Management Council 

(South Atlantic Council). This final rule 

revises commercial and recreational 

annual catch limits (ACLs), the 

minimum size limit, commercial trip 

limits, and the recreational bag limit for 

mutton snapper in the South Atlantic 

based on the results of the most recent 

stock assessment update. The purpose 

of this final rule is to ensure that mutton 

snapper is managed based on the best 

scientific information available to 

achieve optimum yield (OY) and to 

prevent overfishing, while minimizing 

adverse social and economic effects to 

the extent practicable. 

DATES: This final rule is effective on 

February 10, 2018. 

ADDRESSES: Electronic copies of 

Amendment 41 may be obtained from 

www.regulations.gov or the Southeast 

Regional Office website at http://http:// 

sero.nmfs.noaa.gov/sustainable_

fisheries/s_atl/sg/2016/am41/ 

index.html. Amendment 41 includes an 

environmental assessment, regulatory 

impact review, Regulatory Flexibility 

Act (RFA) analysis, and fishery impact 

statement. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, or 

email: mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery in the South 

Atlantic region includes mutton snapper 

and is managed under the SnapperGrouper FMP. The Snapper-Grouper 

FMP was prepared by the South 

Atlantic 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 September 26, 2017, NMFS 

published the notice of availability for 

Amendment 41 in the Federal Register 

and requested public comment (82 FR 

44756). On October 24, 2017, NMFS 

published a proposed rule for 

Amendment 41 in the Federal Register 

and requested public comment (82 FR 

49167). Amendment 41 and the 

proposed rule outline the rationale for 

the actions contained in this final rule. 

A summary of the management 

measures described in Amendment 41 

and implemented by this final rule is 

provided below. 

Management Measures Contained in 

This Final Rule 

This final rule revises the mutton 

snapper ACLs for the commercial and 

recreational sectors in the South 

Atlantic, increases the minimum size 

limit for mutton snapper in the 

commercial and recreational sectors, 

and modifies the commercial trip limit 

and the recreational bag limit. Unless 


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1306 Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations 

otherwise noted, all weights described 

in this final rule are in round weight. 

Commercial and Recreational ACLs 

The 2015 updated stock assessment 

for mutton snapper in the South 

Atlantic and Gulf of Mexico (Southeast 

Data, Assessment, and Review (SEDAR) 

15A Update) concluded that the mutton 

snapper stock in the South Atlantic and 

Gulf of Mexico (Gulf) is neither 

overfished nor undergoing overfishing. 

The South Atlantic Council’s and Gulf 

of Mexico Fishery Management 

Council’s (Gulf Council) Scientific and 

Statistical Committees (SSCs) reviewed 

the assessment and provided an 

acceptable biological catch (ABC) 

recommendation to their Councils. The 

ABC for the mutton snapper stock in the 

South Atlantic and Gulf is apportioned 

between the South Atlantic Council and 

the Gulf Council in the SnapperGrouper FMP and the FMP for the Reef 

Fish Resources of the Gulf of Mexico. 

The South Atlantic Council set their 

portion of the ABC for mutton snapper 

equal to the OY and the total ACL. The 

South Atlantic Council then further 

allocated the total ACL between the 

commercial sector (17.02 percent) and 

recreational sector (82.98 percent). The 

catch reference points and sector 

allocations for South Atlantic mutton 

snapper were implemented by the final 

rule for the South Atlantic Council’s 

Comprehensive ACL Amendment (77 

FR 15916, March 16, 2012). 

Amendment 41 and this final rule 

revise the ABC and the commercial and 

recreational mutton snapper ACLs in 

the South Atlantic for the 2017 through 

the 2020 and subsequent fishing years, 

consistent with the existing 

apportionment of the ABC between the 

South Atlantic Council and Gulf 

Council, and the existing sector 

allocations of the total ACL in the South 

Atlantic. 

As described in Amendment 41, the 

South Atlantic Council’s SSC 

recommended that the South Atlantic 

portion of the ABC be specified in 

numbers of fish, based on landing 

projections from the SEDAR 15A 

Update. The South Atlantic Council 

agreed with this recommendation for 

the ABC, but specified the commercial 

ACL in pounds and the recreational 

ACL in numbers of fish because 

commercial landings are already tracked 

in pounds, while recreational landings 

are tracked in numbers of fish. In 

addition, because this final rule 

increases the minimum size limit for 

mutton snapper, the South Atlantic 

Council was concerned that specifying 

the recreational ACL in pounds could 

increase the risk of exceeding the 

recreational ACL if the method for 

converting the ACL in numbers to 

pounds does not sufficiently address the 

change in average weight of larger, 

heavier fish. Therefore, the South 

Atlantic Council determined that there 

would be a reduced risk of exceeding 

the recreational ACL as a result of an 

increase in the minimum size limit if 

the ABC and recreational ACL were 

specified in numbers of fish. As a 

reference for comparing numbers of fish 

to pounds of fish, the average weight of 

a recreationally harvested mutton 

snapper in 2017 is approximately 4.2 lb 

(1.9 kg) per fish. The average weight of 

a commercially harvested mutton 

snapper is 7.68 lb (3.5 kg) per fish. 

To determine the commercial ACL in 

pounds, the commercial sector 

allocation of 17.02 percent was applied 

to the total ACL in pounds (which 

equals the South Atlantic portion of the 

mutton snapper ABC). The commercial 

ACLs for mutton snapper will be 

100,015 lb (45,366 kg) for 2017, 104,231 

lb (47,278 kg) for 2018, 107,981 lb 

(48,979 kg) for 2019, and 111,354 lb 

(50,509 kg) for 2020 and subsequent 

fishing years. 

To determine the recreational ACL in 

numbers, the recreational sector ACL of 

82.98 percent was applied to the total 

ACL in pounds. That value was divided 

by approximately 4.2 lb (1.9 kg) per fish 

to determine the recreational ACL in 

numbers of fish. The recreational ACLs 

for mutton snapper will be 116,127 fish 

for 2017, 121,318 fish for 2018, 124,766 

fish for 2019, and 127,115 fish for 2020 

and subsequent fishing years. 

The South Atlantic portion of the 

mutton snapper ABC (equal to the total 

ACL) in numbers of fish is the sum of 

the commercial and recreational ACLs 

in numbers of fish. To determine the 

ABC in numbers of fish, the commercial 

ACL in pounds was divided by 7.68 lb 

(3.5 kg) per fish and added to the 

recreational ACL in numbers. Based on 

results from the SEDAR 15A Update and 

ABC recommendations from the South 

Atlantic and Gulf Councils’ SSCs, 

Amendment 41 decreases the ABC for 

mutton snapper in the South Atlantic to 

129,150 fish for the 2017 fishing year, 

134,890 fish for 2018, 138,826 fish for 

2019, and 141,614 fish for 2020 and 

subsequent fishing years. 

Minimum Size Limit 

This final rule increases the minimum 

size limit from 16 inches (40.6 cm), total 

length (TL), to 18 inches (45.7 cm), TL. 

Recent scientific information indicates 

that the size at which 50 percent of 

mutton snapper are sexually mature is 

16 inches (40.6 cm), TL, for males and 

18 inches (45.7 cm), TL, for females. 

Increasing the minimum size limit to 18 

inches (45.7 cm), TL, allows more 

individual mutton snapper to reach 

reproductive maturity before being 

susceptible to harvest, and is also 

projected to increase the average size 

and the corresponding average weight of 

fish harvested. 

Commercial Trip Limits 

This final rule replaces the previous 

seasonal harvest limitation (equivalent 

to a commercial trip limit) for the 

commercial sector each year in May and 

June, and implements commercial trip 

limits for the purposes of maintaining a 

year-round commercial fishing season 

and reducing harvest on mutton snapper 

when they aggregate to spawn. During 

the mutton snapper spawning months of 

April through June, this final rule 

establishes a commercial trip limit of 5 

fish per person per day or 5 fish per 

person per trip, whichever is more 

restrictive, for the possession of mutton 

snapper in or from the exclusive 

economic zone on board a vessel that 

has a Federal commercial permit for 

South Atlantic snapper-grouper. For the 

remainder of the year (January through 

March and July through December), this 

final rule establishes a 500-lb (227-kg) 

commercial trip limit. 

Recreational Bag Limit 

Through this final rule, mutton 

snapper remains within the existing 10- 

snapper aggregate recreational bag limit 

in the South Atlantic, but a reduced 

recreational bag limit of 5 mutton 

snapper per person per day applies 

within the overall 10-snapper aggregate 

bag limit, year-round. The bag limit is 

reduced for the purposes of maintaining 

a year-round recreational fishing season 

and reducing harvest on mutton snapper 

spawning aggregations. 

Management Measures Contained in 

Amendment 41 but Not Codified 

Through This Final Rule 

In addition to the management 

measures codified through this final 

rule, and the ABC that was previously 

described, Amendment 41 specifies the 

maximum sustainable yield (MSY), 

minimum stock size threshold (MSST), 

and recreational annual catch targets 

(ACTs) for mutton snapper, as well as 

designating spawning months. 

Maximum Sustainable Yield and 

Minimum Stock Size Threshold 

Amendment 41 changes the MSY 

definition to the yield produced by the 

fishing mortality rate at MSY (FMSY) or 

the FMSY proxy (where F equals fishing 

mortality that, if applied constantly, 

would achieve MSY under equilibrium 


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Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations 1307 

conditions), with the MSY and FMSY

proxy recommended by the SEDAR 15A 

Update. The FMSY proxy is F30%SPR, or 

the fishing mortality that will produce 

a static spawning per recruit equal to 30 

percent. The MSY definition in 

Amendment 41, allows future MSY 

numerical values to be updated 

following a stock assessment, SSC 

review and recommendation, and 

acceptance of that recommendation by 

the South Atlantic Council. Based on 

the SEDAR 15A Update and the new 

MSY definition, the resulting MSY for 

mutton snapper in the South Atlantic is 

912,500 lb (413,903 kg). 

Amendment 41 changes the MSST 

definition to 75 percent of the spawning 

stock biomass at MSY, which results in 

an MSST of 3,486,900 lb (1,581,631 kg). 

The SEDAR 15A Update estimated the 

natural mortality for mutton snapper at 

0.17, and the MSST for mutton snapper 

in Amendment 41 is consistent with 

how the South Atlantic Council has 

defined MSST for other snapper-grouper 

stocks with similarly low natural 

mortality estimates. 

Recreational ACTs 

For mutton snapper in the South 

Atlantic, Amendment 41 specifies a 

revised recreational ACT (equal to 85 

percent of the recreational ACL) of 

98,708 fish for 2017. The recreational 

ACT is 103,121 fish for 2018, 106,051 

fish for 2019, and 108,048 fish for 2020 

and subsequent fishing years. NMFS 

notes that the revised recreational ACTs 

are used only for monitoring purposes 

and do not trigger a recreational 

accountability measure. 

Spawning Months 

Amendment 41 designates April 

through June as ‘‘spawning months’’ for 

mutton snapper in the South Atlantic. 

The rest of the year is the ‘‘regular 

season.’’ To protect spawning fish 

during April through June each year, the 

commercial trip limits apply to vessels 

with a Federal commercial permit for 

South Atlantic snapper-grouper. The 

South Atlantic Council considered 

additional recreational management 

measures specific to the spawning 

months but chose to reduce the bag 

limit year-round instead. 

Comments and Responses 

NMFS received 10 comments from 

individuals, commercial, private 

recreational, and charter vessel/ 

headboat (for-hire) recreational fishing 

entities during the public comment 

period on the notice of availability and 

proposed rule for Amendment 41. Eight 

of the comments were in support of the 

actions in the proposed rule, with 

commenters specifically citing the 

increase in the minimum size limit to 18 

inches (45.7 cm), TL, and the reduced 

recreational bag limit of 5 fish per 

person per day within the 10-snapper 

aggregate bag limit. Comments that were 

beyond the scope of the proposed rule 

and comments that agreed with the 

proposed actions are not responded to 

in this final rule. Comments that 

specifically relate to the actions 

contained in Amendment 41 and the 

proposed rule, as well as NMFS’ 

respective responses, are summarized 

below. 

Comment 1: NMFS should not reduce 

the commercial trip limit to 5 fish per 

person or per trip during the spawning 

months of April through June, because 

it is too restrictive and economically 

burdensome. The commercial sector 

will not meet its ACL under current 

regulations, and instead a commercial 

trip limit of 25 or 30 fish per vessel 

should be implemented to limit 

commercial harvest. 

Response: NMFS disagrees. Although 

mutton snapper is not overfished and is 

not undergoing overfishing, and 

commercial landings have not reached 

the commercial ACL in recent years, the 

SEDAR 15A Update, completed in 2015, 

concluded that the mutton snapper 

population is smaller than estimated in 

the original mutton snapper stock 

assessment, completed in 2008 (SEDAR 

15A). Because the population is smaller, 

the South Atlantic and Gulf Councils’ 

SSCs recommended a lower ABC. The 

Councils agreed with their SSCs’ 

recommendation, and this final rule 

modifies management measures in the 

South Atlantic consistent with that 

lower ABC, including restricting 

commercial harvest during the critical 

spawning months for mutton snapper to 

5 fish per person per day or per trip, 

whichever is more restrictive, during 

April through June each year. 

Furthermore, stakeholders and law 

enforcement personnel have stated their 

concerns to the South Atlantic Council 

about overexploitation of mutton 

snapper when the species is aggregated 

to spawn. The Florida Fish and Wildlife 

Conservation Commission (FWC) has 

received similar comments. Therefore, 

the South Atlantic Council also 

coordinated with the FWC to develop 

compatible regulations for mutton 

snapper in Florida state waters on the 

Atlantic coast and Federal waters to 

address those concerns and benefit the 

mutton snapper resource. The FWC has 

also adopted this change in their 

regulations for mutton snapper in 

Florida state waters on the Atlantic 

coast. 

The South Atlantic Council did not 

consider a commercial trip limit of 25 

or 30 fish per vessel during April 

through June each year in Amendment 

41. Prior to this final rule, commercial 

harvest was limited to 10 mutton 

snapper per person per day or per trip 

during the May and June spawning 

season and no trip limit during April. In 

Amendment 41, the South Atlantic 

Council considered commercial trip 

limit alternatives ranging from no 

commercial retention to 5 fish per 

person per day or per trip, whichever 

was more restrictive, or 10 to 12 fish per 

vessel per day during the spawning 

months of April through June. The 

commercial trip limits implemented by 

this final rule will restrict commercial 

harvest during these critical spawning 

months for mutton snapper, and will 

also be similar to the recreational bag 

limit during the spawning months. 

Furthermore, the South Atlantic Council 

and NMFS determined that reducing the 

commercial trip limit to 5 fish per 

person or per trip during April through 

June each year, along with the other 

management measures in this final rule, 

best meet the purpose to ensure that 

mutton snapper is managed based on 

the best scientific information available 

to achieve and maintain OY, and to 

prevent overfishing, while minimizing 

adverse social and economic effects to 

the extent practicable. 

From 2010 through 2014, the average 

commercial trip that landed mutton 

snapper harvested less than 5 mutton 

snapper per person per trip, and that 

average does not change when including 

logbook data collected by the NMFS 

Southeast Fisheries Science Center from 

landings and trips during 2015 and 

2016. NMFS acknowledges that a 

business with a vessel that has landed 

more than 5 mutton snapper per person 

per trip during April through June could 

experience adverse economic impacts 

from the spawning season commercial 

trip limit, especially if that business has 

a history of intensifying effort during 

the spawning months. The fleet-wide 

decrease in ex-vessel value of mutton 

snapper landings expected to occur as a 

result of the 5 mutton snapper per 

person per trip limit during April 

through June is estimated to be $23,567. 

Additionally, the reduction of the 

commercial trip limit during the 

spawning months from April through 

June, in combination with the 18-inch 

(46-cm), TL, minimum size limit would 

be biologically beneficial by reducing 

harvest and fishing mortality when the 

species is aggregated to spawn and most 

vulnerable to harvest. These measures 

are necessary to prevent harvest from 


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1308 Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations 

exceeding the commercial ACL in the 

future and improve economic benefits 

from the resource in the long-term. 

Comment 2: The bag limit should be 

reduced to 2 or 3 fish per person per day 

instead of the 5 fish per person or per 

trip recreational limit, whichever is 

more restrictive. 

Response: The South Atlantic Council 

considered a number of specific bag 

limit alternatives for mutton snapper, 

ranging from no retention to 12 mutton 

snapper per vessel per day during the 

spawning months. The recreational data 

from the Marine Recreational 

Information Program (MRIP) and the 

NMFS Southeast Region Headboat 

Survey during 2010 through 2014 show 

that most recreational fishermen 

(private and for-hire) in the South 

Atlantic region harvested 3 or fewer 

mutton snapper per day on recreational 

trips, year-round. 

Limiting the harvest of mutton 

snapper during the spawning season 

through recreational bag limits is 

expected to be beneficial to mutton 

snapper, because they form spawning 

aggregations, which are particularly 

vulnerable to fishing pressure. The 

South Atlantic Council examined the 

effect of various bag or vessel limits and 

minimum size limit combinations in 

limiting recreational harvest of mutton 

snapper during the spawning months, 

regular season, and year-round. The 

analyses indicated that changes to the 

recreational bag limit would have little 

effect in constraining recreational 

harvest without additional measures 

being implemented. 

The South Atlantic Council 

determined that a minimum size limit 

greater than the previous minimum size 

limit of 16 inches (41 cm), TL, in 

addition to a bag limit of 5 fish per 

person or per trip, whichever is more 

restrictive, would reduce year-round 

recreational harvest by approximately 

50 percent. The increased minimum 

size limit and reduced recreational bag 

limit implemented by this final rule 

would also control the level of fishing 

mortality during the spawning season, 

without changing the expected level of 

discards. Additionally, setting the bag 

limit at 1, 2, or 3 fish per person per day 

would be expected to have larger and 

unnecessary negative economic effects, 

since mutton snapper are not currently 

undergoing overfishing and are not 

considered to be overfished. 

Therefore, the South Atlantic Council 

determined that a recreational bag limit 

of 5 mutton snapper per person per day 

year-round within the existing 10- 

snapper aggregate bag limit, combined 

with the 18-inch (45.7-cm), TL, 

minimum size limit implemented 

through this final rule, will make 

regulations for mutton snapper more 

consistent in state and Federal waters, 

address stakeholder concerns regarding 

overexploitation of the stock, benefit the 

mutton snapper resource by reducing 

harvest on spawning aggregations, and 

extend the recreational fishing season. 

Comment 3: The commercial sector 

should have its ACL and trip limits 

reduced proportionally to align with the 

reductions being implemented for the 

recreational sector. 

Response: The current sector 

allocations for mutton are 17.02 percent 

commercial and 82.98 percent 

recreational, and the South Atlantic 

Council revised management measures 

for each sector in Amendment 41 and 

this final rule. The SEDAR 15A Update 

concluded that the mutton snapper 

population is smaller than estimated in 

the original mutton snapper stock 

assessment, SEDAR 15A, and the 

SEDAR 15A Update resulted in lower 

biological reference point values and 

fishing level projections than those from 

SEDAR 15A. As a result, the South 

Atlantic Council chose a lower ABC for 

mutton snapper and modified existing 

management measures in both the 

commercial and recreational sectors to 

be consistent with that lower ABC. The 

ABC for mutton snapper in the South 

Atlantic initially decreases from 

previous levels beginning in 2017, and 

then increases annually through 2020, 

and then remains in effect at the 2020 

level until subsequently modified by the 

South Atlantic Council. 

The OY and total ACL are set equal 

to the South Atlantic portion of the 

mutton snapper ABC, and similar to the 

ABC values, in 2017, the commercial 

and recreational ACLs initially decrease 

proportionally from previous levels, and 

then the sector ACLs will gradually 

increase proportionally through 2020, 

and remain at the 2020 levels until 

modified by the South Atlantic Council. 

This final rule also increases the 

minimum size limit for South Atlantic 

mutton snapper for both the commercial 

and recreational sectors to 18 inches 

(45.7 cm), TL. The South Atlantic 

Council determined that increasing the 

minimum size limit for both sectors is 

the most effective change to 

management measures needed to 

achieve the reduction in overall harvest 

and maintain landings within the total 

ACL implemented by this final rule. 

Amendment 41 designates April 

through June as spawning months for 

management purposes in both sectors. 

The rest of the year is the regular 

season. Prior to this final rule, the 

possession limit for the commercial 

sector was 10 per person per day or per 

trip, whichever was more restrictive, 

only during May and June each year. 

This final rule implements a 500-lb 

(227-kg) commercial trip limit during 

the regular season, and a limit of 5 fish 

per person per day or per trip, 

whichever is more restrictive, during 

the spawning months of April through 

June. Prior to this final rule, the 

recreational bag limit for mutton 

snapper was 10 fish within the 10- 

snapper aggregate bag limit. This final 

rule implements a recreational bag limit 

of 5 fish per person per day within the 

10-snapper aggregate bag limit, yearround. The revised management 

measures implemented by this final rule 

for both the commercial and 

recreational sectors will limit harvest of 

mutton snapper during the spawning 

months of April through June each year, 

as well as year-round, while meeting the 

objectives of the Snapper-Grouper FMP. 

Amendment 41 and the measures 

implemented by this final rule are based 

on the best scientific information 

available and will effectively achieve 

and maintain OY and prevent 

overfishing while minimizing, to the 

extent practicable, adverse social and 

economic effects. 

Comment 4: The harvest of mutton 

snapper should be prohibited during the 

spawning season, so fish have time to 

reproduce before they are caught. 

Response: In Amendment 41, the 

South Atlantic Council evaluated 

numerous alternatives for commercial 

trip limits, and recreational bag and 

vessel limits, including no retention of 

mutton snapper during spawning 

months for the commercial and 

recreational sectors. The South Atlantic 

Council determined that choosing the 

no retention alternative was 

unnecessary. Prohibiting harvest during 

the spawning months would be 

biologically beneficial to the mutton 

snapper stock, since fish would not be 

subject to fishing mortality while they 

are in spawning condition. However, as 

stated in the response to Comment 1, 

mutton snapper is not overfished and is 

not undergoing overfishing. Prohibiting 

harvest during April through June each 

year was the most restrictive alternative 

considered by the South Atlantic 

Council and it would have resulted in 

the greatest negative socio-economic 

effects. In addition, recent commercial 

and recreational landings have been 

highest during the spawning months, on 

average, so prohibiting all harvest 

during these months could result in 

increased regulatory discards of mutton 

snapper when fishermen target other 

snapper-grouper species. Additionally, 

through Amendment 41, the South 

Atlantic Council coordinated with the 


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Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations 1309 

FWC to develop and recommend 

compatible regulations for mutton 

snapper in Florida state waters and 

Federal waters in the South Atlantic 

that address stakeholder concerns about 

the overexploitation of mutton snapper 

during spawning aggregations, and 

benefit the mutton snapper resource. 

Comment 5: The 2015 assessment of 

mutton snapper indicated that the 

mutton snapper stock is not overfished 

or undergoing overfishing; therefore, the 

final rule should not be implemented. 

Response: NMFS disagrees. 

Amendment 41 and this final rule 

respond to the SEDAR 15A Update, 

which NMFS has determined is the best 

scientific information available. While 

the SEDAR 15A Update indicated that 

the mutton snapper stock is neither 

overfished nor undergoing overfishing, 

improvements to the modeling approach 

indicated that the population size is 

smaller than previously estimated. 

Amendment 41 and this final rule 

update the ABC, MSST, MSY, OY, ACL, 

and revise management measures for 

mutton snapper, based on the results of 

the SEDAR 15A Update. 

Additionally, as stated in the response 

to Comment 4, there is stakeholder 

concern about fishing effort on mutton 

snapper spawning aggregations despite 

the healthy status of the mutton snapper 

stock, and this final rule implements 

additional protections for mutton 

snapper during the spawning season 

and year-round. As explained in the 

response to Comment 1, these 

management measures are needed to 

maintain sustainable harvest levels and 

economic benefits in the long-term. 

Classification 

The Regional Administrator for the 

NMFS Southeast Region has determined 

that this final rule is consistent with 

Amendment 41, the Snapper-Grouper 

FMP, the Magnuson-Stevens Act, and 

other applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The Magnuson-Stevens Act provides 

the statutory basis for this rule. No 

duplicative, overlapping, or conflicting 

Federal rules have been identified. In 

addition, no new reporting, recordkeeping, or other compliance 

requirements are introduced by this 

final rule. 

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 adverse 

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. No changes to this 

final rule were made in response to 

public comments. As a result, a final 

regulatory flexibility analysis was not 

required and none was prepared. 

NMFS did not receive any comments 

specific to the certification that there 

would not be a significant economic 

impact on a substantial number of small 

entities. However, NMFS received one 

public comment related to the economic 

impact of the commercial trip limit 

reduction to 5 mutton snapper per 

person per day or per trip, whichever is 

more restrictive, during the mutton 

snapper spawning months of April 

through June. That comment, also 

addressed in Comment 1 of the 

Comments and Responses section, 

stated the commercial trip limit 

reduction would be too restrictive and 

economically burdensome. Prior to this 

final rule, there was a commercial trip 

limit of 10 mutton snapper per person 

per day or per trip, whichever was more 

restrictive, during May and June each 

year, and no trip limit in April. From 

2010 through 2014, the average 

commercial trip that landed mutton 

snapper harvested less than 5 mutton 

snapper per person per trip, and that 

figure does not change when landings 

and trips from 2015 through 2016 are 

included. NMFS acknowledges that a 

business with a vessel that has landed 

more than 5 mutton snapper per person 

during a trip in April through June 

could experience adverse economic 

impacts from the commercial trip limit 

in this final rule, especially if that 

business has a history of increased effort 

during these spawning months. 

However, that would not change the 

determination that this rule will not 

have a significant adverse economic 

impact on a substantial number of small 

entities. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Mutton snapper, 

South Atlantic. 

Dated: January 5, 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. 

§ 622.184 [Amended] 

■ 2. In § 622.184, remove and reserve 

paragraph (b). 

■ 3. In § 622.185, revise paragraph (a)(4) 

to read as follows: 

§ 622.185 Size limits. 

* * * * * 

(a) * * * 

(4) Mutton snapper—18 inches (45.7 

cm), TL. 

* * * * * 

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

to read as follows: 

§ 622.187 Bag and possession limits. 

* * * * * 

(b) * * * 

(4) Snappers, combined—10. 

(i) Within the 10-fish bag limit, no 

more than 5 fish may be mutton 

snapper. 

(ii) Excluded from this 10-fish bag 

limit are cubera snapper, measuring 30 

inches (76.2 cm), TL, or larger, in the 

South Atlantic off Florida, and red 

snapper and vermilion snapper. (See 

§ 622.181(b)(2) for the prohibitions on 

harvest or possession of red snapper, 

except during a limited recreational 

fishing season, and § 622.181(c)(1) for 

limitations on cubera snapper 

measuring 30 inches (76.2 cm), TL, or 

larger, in or from the South Atlantic EEZ 

off Florida.) 

* * * * * 

■ 5. In § 622.191, add paragraph (a)(13) 

to read as follows: 

§ 622.191 Commercial trip limits. 

* * * * * 

(a) * * * 

(13) Mutton snapper. The following 

commercial trip limits apply until the 

applicable commercial ACL in 

§ 622.193(o)(1)(iii) is reached. See 

§ 622.193(o)(1) for the limitations 

regarding mutton snapper after the 

commercial ACL is reached. 

(i) From January 1 through March 31, 

and July 1 through December 31—500 lb 

(227 kg), round weight. 

(ii) From April 1 through June 30—5 

fish per person per day or 5 fish per 

person per trip, whichever is more 

restrictive. 

* * * * * 

■ 7. In § 622.193, revise paragraph (o) to 

read as follows: 

§ 622.193 Annual catch limits (ACLs), 

annual catch targets (ACTs), and 

accountability measures (AMs). 

* * * * * 

(o) Mutton snapper—(1) Commercial 

sector. (i) If commercial landings for 


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1310 Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations 

mutton snapper, as estimated by the 

SRD, reach or are projected to reach the 

applicable commercial ACL specified in 

paragraph (o)(1)(iii) of this section, the 

AA will file a notification with the 

Office of the Federal Register to close 

the commercial sector for the remainder 

of the fishing year. On and after the 

effective date of such a notification, all 

sale or purchase of mutton snapper is 

prohibited and harvest or possession of 

mutton snapper in or from the South 

Atlantic EEZ is limited to the bag and 

possession limits. These bag and 

possession limits apply in the South 

Atlantic on board a vessel for which a 

valid Federal commercial or charter 

vessel/headboat permit for South 

Atlantic snapper-grouper has been 

issued, without regard to where such 

species were harvested, i.e., in state or 

Federal waters. 

(ii) If commercial landings for mutton 

snapper, as estimated by the SRD, 

exceed the applicable commercial ACL 

specified in paragraph (o)(1)(iii) of this 

section, and the applicable combined 

commercial and recreational ACL 

specified in paragraph (o)(3) of this 

section is exceeded during the same 

fishing year, and the species is 

overfished based on the most recent 

Status of U.S. Fisheries Report to 

Congress, the AA will file a notification 

with the Office of the Federal Register 

to reduce the commercial ACL in the 

following fishing year by the amount of 

the commercial ACL overage in the 

prior fishing year. 

(iii) The commercial ACLs for the 

following fishing years are given in 

round weight. For 2017—100,015 lb 

(45,366 kg); for 2018—104,231 lb 

(47,278 kg); for 2019—107,981 lb 

(48,979 kg); for 2020 and subsequent 

fishing years—111,354 lb (50,509 kg). 

(2) Recreational sector. (i) If 

recreational landings for mutton 

snapper, as estimated by the SRD, reach 

or are projected to reach the applicable 

recreational ACL specified in paragraph 

(o)(2)(iii) of this section, the AA will file 

a notification with the Office of the 

Federal Register to close the recreational 

sector for the remainder of the fishing 

year regardless if the stock is overfished, 

unless NMFS determines that no closure 

is necessary based on the best scientific 

information available. On and after the 

effective date of such a notification, the 

bag and possession limits for mutton 

snapper in or from the South Atlantic 

EEZ are zero. 

(ii) If recreational landings for mutton 

snapper, as estimated by the SRD, 

exceed the applicable recreational ACL 

specified in paragraph (o)(2)(iii) of this 

section, then during the following 

fishing year recreational landings will 

be monitored for a persistence in 

increased landings, and if necessary, the 

AA will file a notification with the 

Office of the Federal Register to reduce 

the length of the recreational fishing 

season and the recreational ACL by the 

amount of the recreational ACL overage, 

if the species is overfished based on the 

most recent Status of U.S. Fisheries 

Report to Congress, and if the applicable 

combined commercial and recreational 

ACL specified in paragraph (o)(3) of this 

section is exceeded during the same 

fishing year. NMFS will use the best 

scientific information available to 

determine if reducing the length of the 

recreational fishing season and 

recreational ACL is necessary. When the 

recreational sector is closed as a result 

of NMFS reducing the length of the 

recreational fishing season and ACL, the 

bag and possession limits for mutton 

snapper in or from the South Atlantic 

EEZ are zero. 

(iii) The recreational ACLs for the 

following fishing years are given in 

numbers of fish. For 2017—116,127; for 

2018—121,318; for 2019—124,766; for 

2020 and subsequent fishing years— 

127,115. 

(3) Combined commercial and 

recreational ACL. The combined 

commercial and recreational ACLs for 

the following fishing years are given in 

round weight. For 2017—587,633 lb 

(266,546 kg); for 2018—612,401 lb 

(277,780 kg); for 2019—634,435 lb 

(287,775 kg); for 2020 and subsequent 

fishing years—654,257 lb (296,766 kg). 

* * * * * 

[FR Doc. 2018–00313 Filed 1–10–18; 8:45 am] 

BILLING CODE 3510–22–P 


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