[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Proposed Rules]
[Pages 61241-61243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27934]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170720688-7688-01]
RIN 0648-BH07


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Vermilion Snapper Management 
Measures; Amendment 47

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in 
Amendment 47 to the Fishery Management Plan for the Reef Fish Resources 
of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery 
Management Council (Council) (Amendment 47). For vermilion snapper, 
this proposed rule would revise the stock annual catch limit (ACL). 
Additionally, Amendment 47 would establish a proxy for the estimate of 
the stock maximum sustainable yield (MSY). The purpose of this proposed 
rule is to revise the stock ACL for vermilion snapper in the Gulf of 
Mexico (Gulf) consistent with the most recent stock assessment.

DATES: Written comments must be received on or before January 26, 2018.

ADDRESSES: You may submit comments on the amendment identified by 
``NOAA-NMFS-2017-0106'' by either of the following methods:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0106, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
    <bullet> Mail: Submit written comments to Lauren Waters, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Electronic copies of Amendment 47, which includes an 
environmental assessment,

[[Page 61242]]

a fishery impact statement, a Regulatory Flexibility Act (RFA) 
analysis, and a regulatory impact review, may be obtained from the 
Southeast Regional Office website at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2017/am47/docs/PDFs/gulf_reef_am47_vermilion_final.pdf.

FOR FURTHER INFORMATION CONTACT: Lauren Waters, Southeast Regional 
Office, NMFS, telephone: 727-824-5305; email: <a href="/cdn-cgi/l/email-protection#eca08d999e8982c2bb8d98899e9fac82838d8dc28b839a"><span class="__cf_email__" data-cfemail="571b362225323979003623322524173938363679303821">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery, which includes vermilion snapper, under the FMP. The 
Council prepared the FMP and NMFS implements the FMP through 
regulations at 50 CFR part 622 under the authority of the Magnuson 
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

Background

    The Magnuson-Stevens Act requires the Council to specify the MSY 
for managed stocks. The National Standard 1 Guidelines state that the 
Council should adopt a reasonable proxy for MSY if data are 
insufficient to estimate MSY directly.

Status of the Vermilion Snapper Stock

    Amendment 23 to the FMP established MSY for vermilion snapper as 
the yield associated with F<INF>MSY</INF> when the stock is at 
equilibrium, where F is defined as fishing mortality (70 FR 109; June 
8, 2005). The final rule for the Generic Annual Catch Limit (ACL) and 
Accountability Measures (AM) Amendment established the vermilion 
snapper stock ACL and set it equal to the ABC at 3.42 million lb (1.55 
million kg), round weight (76 FR 82044, December 29, 2011).
    In 2016, a standard assessment for vermilion snapper was conducted 
(SEDAR 45) and the stock status was evaluated using several MSY 
proxies. Under all proxies evaluated in SEDAR 45, overfishing was not 
occurring and the stock was not overfished. The Council's Scientific 
and Statistical Committee (SSC) determined that the most appropriate 
proxy for MSY is the yield when fishing at a mortality rate 
corresponding to 30 percent spawning potential ratio 
(F<INF>30</INF><not-eq> SPR).
    SEDAR 45 also included projections for the overfishing limit and 
the ABC. The SSC provided the Council two recommendations for ABC: one 
that is derived from fishing at 75 percent of the MSY proxy 
(F<INF>30</INF><not-eq> SPR) and results in a declining ABC from 2017 
through 2021, and one that is derived using the average of 2017-2021 
ABCs and results in a constant ABC. The two ABC recommendations are 
equivalent in terms of maintaining the stock status and the Council 
selected the constant catch scenario that yielded an ABC of of 3.11 
million lb (1.41 million kg).

Management Measure Contained in This Proposed Rule

    This proposed rule would revise the stock ACL for Gulf vermilion 
snapper consistent with the results of SEDAR 45 and the SSC's new ABC 
recommendation. The current ACL of 3.42 million lb (1.55 million kg), 
round weight, exceeds the ABCs recommended by the Council's SSC. 
Therefore, the Council determined that the ACL for vermilion snapper 
should be decreased to equal the constant catch ABC and this proposed 
rule would set the stock ACL at 3.11 million lb (1.41 million kg), 
round weight.
    The current accountability measures for vermilion snapper require 
NMFS to close the commercial and recreational fishing seasons if the 
combined commercial and recreational landings reach or are projected to 
reach the stock ACL. Since 2013, combined landings have been less than 
3.00 million lb (1.36 million kg), round weight, every year. Therefore, 
NMFS does not expect the combined landings of vermilion snapper to 
reach the proposed stock ACL and result in a closure before the end of 
the fishing year.

Measures in Amendment 47 Not Codified Through This Proposed Rule

    In addition to the measure proposed to be implemented through this 
proposed rule, Amendment 47 would establish a proxy for vermilion 
snapper MSY.
    For vermilion snapper, the Council's SSC recommended that a proxy 
be used for MSY. The Council's SSC recommended F<INF>30</INF><not-eq> 
SPR as the MSY proxy for SEDAR 45, and the Council agreed. Under this 
proxy, the stock is not overfished or undergoing overfishing.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with Amendment 47, the FMP, the Magnuson-Stevens Act, and 
other applicable law, subject to further consideration after public 
comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
proposed rule. No duplicative, overlapping, or conflicting Federal 
rules have been identified. A description of this proposed rule and its 
purpose and need are contained in the SUMMARY section of the preamble.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this certification is as follows.
    This proposed rule would directly affect commercial and 
recreational fishing for vermilion snapper in the Gulf exclusive 
economic zone (EEZ). Anglers (recreational fishers) are not considered 
small entities as that term is defined in 5 U.S.C. 601(6). 
Consequently, estimates of the number of anglers directly affected by 
the rule and the impacts on them are not provided here.
    Any commercial fishing business that operates a commercial fishing 
vessel that harvests vermilion snapper in the Gulf EEZ must have a 
valid Federal commercial Gulf reef fish permit that is specifically 
assigned to that vessel. The Gulf reef fish permit is a limited access 
permit. As of February 21, 2017, 848 vessels had a Federal Gulf reef 
fish permit and 795 of the permits were valid. NMFS estimates that 631 
businesses own the 848 vessels with a Federal permit, and the size of 
their individual Gulf reef fish fleets vary from 1 to 17 vessels.
    The number of federally permitted vessels that land vermilion 
snapper is substantially less than the number of vessels with a Gulf 
reef fish permit. From 2011 through 2015, approximately 35 percent to 
40 percent of the vessels with a Federal permit landed vermilion 
snapper in any given year. During that same 5-year period, an annual 
average of 342 federally permitted vessels landed vermilion snapper. 
NMFS estimates these 342 vessels are operated by 252 businesses.
    The 342 vessels landed an average of 4,914 lb (2,229 kg), gutted 
weight, of vermilion snapper with a dockside value of $15,293 (2015 
dollars) annually. This average annual dockside revenue from landings 
of vermilion snapper represents approximately 12 percent of the average 
vessel's annual dockside revenue from all species. However, there are 
considerable differences in average annual landings of vermilion 
snapper by gear type from 2011 through 2015. For example, the average 
longline vessel annually landed 72 to 73 lb (32 to 33 kg), gutted 
weight, of the species, whereas the average

[[Page 61243]]

hook-and-line vessel landed over 7,000 lb, (3,175 kg) gutted weight, 
annually. Hook-and-line is the primary gear type used by the commercial 
sector. The average federally permitted hook-and-line vessel landed 
7,078 lb (3,211 kg), gutted weight, of vermilion snapper annually with 
a dockside value of $22,276 (2015 dollars), and those vermilion snapper 
landings represent approximately 17 percent of that average vessel's 
annual dockside revenue from all landings.
    For RFA purposes, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
involved in commercial fishing (NAICS 11411) is classified as a small 
business if it is independently owned and operated, is not dominant in 
its field of operation (including its affiliates), and its combined 
annual receipts are not in excess of $11 million for all of its 
affiliated operations worldwide. Based on the average annual revenue 
for a federally permitted vessel that lands vermilion snapper, 
regardless of gear used, it is concluded that most to all of the 
businesses that harvest vermilion snapper from the Gulf EEZ are small.
    Amendment 47 would establish an MSY proxy for vermilion snapper and 
that has no direct impact on any small business.
    This proposed rule would decrease the stock ACL of vermilion 
snapper. The stock ACL is currently 3.42 million lb (1.55 million kg), 
round weight, and has been in place since 2012. This proposed rule 
would decrease the stock ACL to 3.11 million lb (1.41 million kg), 
round weight.
    If combined landings reach or are projected to reach the stock ACL, 
the commercial and recreational fishing seasons are closed early as a 
result of accountability measures being triggered. Since 2012, there 
have been no early closures because combined commercial and 
recreational landings of vermilion snapper have been less than the 
stock ACL. From 2012 through 2015, combined landings varied from 
approximately 2.54 million lb (1.15 million kg) to 3.17 million lb 
(1.44 million kg), round weight, annually and averaged approximately 
2.73 million lb (1.24 million kg). Since 2013, combined landings have 
been less than 3.00 million lb (1.36 million kg), round weight, every 
year, and preliminary data for 2016 indicate combined landings of 
approximately 2.63 million lb (1.19 million kg), round weight. 
Preliminary landings data for 2016 indicate combined landings of 
approximately 2.6 million lb (1.18 million kg), round weight. Moreover, 
as of November 27, 2017, for commercial landings and through the third 
wave for recreational landings, combined landings for 2017 are 
approximately 2.4 million lb (1.09 million kg), round weight. Based on 
recent landings data, it is expected that combined landings of 
vermilion snapper would be less than the proposed stock ACL of 3.11 
million lb (1.41 million kg), round weight, and there would be no early 
closures. Therefore, NMFS expects the reduction of the stock ACL would 
have no economic impact on small businesses that harvest vermilion 
snapper from the Gulf EEZ.
    No new reporting, record-keeping, or other compliance requirements 
are introduced by this proposed rule. Accordingly, this proposed rule 
does not implicate the Paperwork Reduction Act.
    In conclusion, NMFS expects this proposed rule would not have a 
significant economic impact on a substantial number of small entities, 
and an initial regulatory flexibility analysis is not required and none 
has been prepared.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Gulf, Recreational, Vermilion 
snapper.

    Dated: December 21, 2017.
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 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

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

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

0
2. In Sec.  622.41, revise the last sentence of paragraph (j) to read 
as follows:


Sec.  622.41  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (j) * * * The stock ACL for vermilion snapper is 3.11 million lb 
(1.41 million kg), round weight.
* * * * *
[FR Doc. 2017-27934 Filed 12-26-17; 8:45 am]
BILLING CODE 3510-22-P


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