44756 Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Proposed Rules 

ADDRESSES: You may submit comments, 

identified by EB Docket No. 17–245, by 

any of the following methods: 

• Federal Communications 

Commission’s Web site: http://

apps.fcc.gov/ecfs/. Follow the 

instructions for submitting comments. 

• Mail: Parties who choose to file by 

paper must file an original and one copy 

of each filing. Filings can be sent by 

hand or messenger delivery, by 

commercial overnight courier, or by 

first-class or overnight U.S. Postal 

Service mail. All filings must be 

addressed to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission. 

All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th St. SW., Room TW–A325, 

Washington, DC 20554. The filing hours 

are 8:00 a.m. to 7:00 p.m. All hand 

deliveries must be held together with 

rubber bands or fasteners. Any 

envelopes and boxes must be disposed 

of before entering the building. 

Commercial overnight mail (other than 

U.S. Postal Service Express Mail and 

Priority Mail) must be sent to 9300 East 

Hampton Drive, Capitol Heights, MD 

20743. U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street SW., 

Washington DC 20554. 

• People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

In addition to filing comments with 

the Secretary, a copy of any comments 

on the Paperwork Reduction Act 

information collection requirements 

contained herein should be submitted to 

the Federal Communications 

Commission via email to PRA@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Enforcement Bureau, Market Disputes 

Resolution Division, at (202) 418–7330. 

For additional information concerning 

the Paperwork Reduction Act 

information collection requirements 

contained in this document, send an 

email to PRA@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking (NPRM) in EB 

Docket No. 17–245, adopted September 

13, 2017 and released September 18, 

2017. The full text of this document is 

available for public inspection during 

regular business hours in the FCC 

Reference Information Center, Portals II, 

445 12th Street SW., Room CY–A257, 

Washington, DC 20554. It is available on 

the Commission’s Web site at https://

apps.fcc.gov/edocs_public/. 

This document contains proposed 

modified information collection 

requirements. The Commission, as part 

of its continuing effort to reduce 

paperwork burdens, invites the general 

public and the Office of Management 

and Budget (OMB) to comment on the 

information collection requirements 

contained in this document, as required 

by the Paperwork Reduction Act of 

1995, Public Law 104–13. In addition, 

pursuant to the Small Business 

Paperwork Relief Act of 2002, Public 

Law 107–198, we seek specific comment 

on how we might further reduce the 

information collection burden for small 

business concerns with fewer than 25 

employees. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2017–20586 Filed 9–25–17; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

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: Notice of availability; request 

for comments. 

SUMMARY: The South Atlantic Fishery 

Management Council (South Atlantic 

Council) has submitted Amendment 41 

to the Fishery Management Plan (FMP) 

for the Snapper-Grouper Fishery of the 

South Atlantic Region (SnapperGrouper FMP) for review, approval, and 

implementation by NMFS. Amendment 

41 would revise management reference 

points, annual catch limits (ACLs), 

optimum yield (OY), and management 

measures for mutton snapper in the 

South Atlantic based on the results of 

the most recent stock assessment. The 

purpose of Amendment 41 is to ensure 

that mutton snapper is managed based 

on the best scientific information 

available to achieve OY and to prevent 

overfishing, while minimizing adverse 

social and economic effects to the extent 

practicable. 

DATES: Written comments on 

Amendment 41 must be received by 

November 27, 2017. 

ADDRESSES: You may submit comments 

on Amendment 41, identified by 

‘‘NOAA–NMFS–2017–0103,’’ by either 

of the following methods: 

• Electronic submission: Submit all 

electronic comments via the Federal 

e-Rulemaking Portal. Go to 

www.regulations.gov/#!docketDetail;D=

NOAA-NMFS-2017-0103, click the 

‘‘Comment Now!’’ icon, complete the 

required fields, and enter or attach your 

comments. 

• Mail: Submit written comments to 

Mary Vara, NMFS Southeast Regional 

Office, 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 required fields if you wish to 

remain anonymous). 

Electronic copies of Amendment 41 

may be obtained from 

www.regulations.gov or the Southeast 

Regional Office Web site at http://

sero.nmfs.noaa.gov. Amendment 41 

includes an environmental assessment, 

regulatory impact review, Regulatory 

Flexibility Act 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 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) requires each 

regional fishery management council to 

submit FMPs or amendments to NMFS 

for review and approval, partial 

approval, or disapproval. The 

Magnuson-Stevens Act also requires 

that NMFS, upon receiving an FMP or 

amendment, publish an announcement 

in the Federal Register notifying the 

public that the FMP or amendment is 

available for review and comment. 

Amendment 41 to the SnapperGrouper FMP was prepared by the 

South Atlantic Council and, if 

Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Proposed Rules 44757 

approved, would be implemented by 

NMFS through regulations at 50 CFR 

part 622 under the authority of the 

Magnuson-Stevens Act. 

Background 

The Magnuson-Stevens Act requires 

that NMFS and regional fishery 

management councils prevent 

overfishing and achieve, on a 

continuing basis, the OY from federally 

managed fish stocks. These mandates 

are intended to ensure that fishery 

resources are managed for the greatest 

overall benefit to the nation, particularly 

with respect to providing food 

production and recreational 

opportunities, and protecting marine 

ecosystems. To further this goal, the 

Magnuson-Stevens Act requires fishery 

management councils to minimize 

bycatch and bycatch mortality to the 

extent practicable. 

Mutton snapper are harvested 

throughout the Gulf of Mexico (Gulf) 

and South Atlantic, although harvest 

predominately occurs around the 

Florida Keys. In the South Atlantic, 

mutton snapper are part of the snappergrouper fishery, and the South Atlantic 

Council manages this fishery under the 

Snapper-Grouper FMP. In the Gulf, 

mutton snapper are part of the reef fish 

fishery, and the Gulf of Mexico Fishery 

Management Council (Gulf Council) 

manages this fishery under the FMP for 

Reef Fish Resources of the Gulf of 

Mexico. The jurisdictional boundary 

between the South Atlantic and Gulf 

Councils is specified at 50 CFR 

600.105(c), and is located approximately 

in the Florida Keys (Monroe County, 

FL). The mutton snapper stock in the 

Gulf and South Atlantic was assessed in 

2008 (Southeast Data, Assessment, and 

Review Assessment 15A (SEDAR 15A)), 

with a single acceptable biological catch 

(ABC) that encompasses both councils’ 

areas of jurisdiction. The South Atlantic 

and Gulf Councils, with the advice of 

their Scientific and Statistical 

Committees (SSCs), apportioned this 

total ABC between the councils’ FMPs 

based on historical landings. The final 

rules for the South Atlantic Council’s 

Comprehensive ACL Amendment (77 

FR 15916, March 16, 2012) and the Gulf 

Council’s Generic ACL Amendment (76 

FR 82044, December 29, 2011) allocated 

the total mutton snapper ABC as 82 

percent in the South Atlantic and 18 

percent in the Gulf. 

In 2015, there was an update to 

SEDAR 15A for the mutton snapper 

stock in the South Atlantic and Gulf 

using data through 2013 (SEDAR 15A 

Update). The SEDAR 15A Update 

indicated that in the South Atlantic and 

Gulf, the mutton snapper stock is 

neither overfished nor undergoing 

overfishing. However, improvements to 

the modeling approach used in the 

SEDAR 15A Update resulted in smaller 

population estimates than demonstrated 

in SEDAR 15A. The South Atlantic and 

Gulf Councils’ SSCs reviewed the 

SEDAR 15A Update and recommended 

a reduction in the stock’s total ABC. 

Based on results from the SEDAR 15A 

Update and recommendations from its 

SSC, the South Atlantic Council is 

taking action through Amendment 41 to 

revise its management of mutton 

snapper in the South Atlantic. The Gulf 

Council is also examining management 

alternatives for mutton snapper in the 

Gulf exclusive economic zone (EEZ) 

through a framework amendment to the 

FMP for Reef Fish Resources of the Gulf 

of Mexico. 

Actions Contained in Amendment 41 

Amendment 41 contains actions to 

revise management reference points, 

fishing levels, and management 

measures for mutton snapper in the 

South Atlantic. Unless otherwise noted, 

all weights of mutton snapper are 

described in round weight. 

Maximum Sustainable Yield and 

Minimum Stock Size Threshold 

Currently, the maximum sustainable 

yield (MSY) for mutton snapper in the 

South Atlantic equals the yield 

produced by the fishing mortality rate at 

MSY (FMSY) (where F equals fishing 

mortality that if applied constantly, 

would achieve MSY under equilibrium 

conditions). The FMSY proxy is F30%SPR, 

or the fishing mortality that will 

produce a static spawning per recruit. 

Amendment 41 would change the MSY 

definition to the yield produced by FMSY

or the FMSY proxy, with the MSY and 

FMSY proxy recommended by the most 

recent stock assessment. If this MSY 

definition is implemented, future MSY 

numerical values could be updated 

following a stock assessment, SSC 

review and recommendation, and 

acceptance of that recommendation by 

the South Atlantic Council. Currently, 

MSY numerical values for mutton 

snapper are not specified because the 

South Atlantic Council did not specify 

the MSY estimate from SEDAR 15A. 

Based on the SEDAR 15A Update and 

the new MSY definition, the resulting 

MSY for the mutton snapper stock in 

the South Atlantic would be 912,500 lb 

(413,903 kg). 

Currently, the minimum stock size 

threshold (MSST) is equal to the 

spawning stock biomass at MSY 

(SSBMSY)*(1–M) or 0.5, whichever is 

greater (where M equals natural 

mortality). Amendment 41 would 

change the MSST definition to 75 

percent of SSBMSY, 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 proposed 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. 

Commercial and Recreational ACLs 

The current total ABC for mutton 

snapper in the South Atlantic and Gulf 

jurisdictions is 1,130,000 lb (512,559 

kg). Based on the South Atlantic and 

Gulf Councils’ agreed apportionment of 

the mutton snapper ABC between their 

FMPs, the current ABC for mutton 

snapper in the South Atlantic is 926,600 

lb (420,299 kg), and the South Atlantic 

Council set the ABC 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), resulting in the 

commercial ACL of 157,743 lb (71,551 

kg) and the recreational ACL of 768,857 

lb (348,748 kg). Amendment 41 would 

revise the ABC and the commercial and 

recreational ACLs for mutton snapper in 

the South Atlantic for the 2017 through 

2020 and subsequent fishing years, 

consistent with the existing 

apportionment between the two 

councils’ FMPs and the existing sector 

allocations. 

As described in Amendment 41, the 

South Atlantic Council’s SSC 

recommended that the ABC be specified 

in numbers of fish, based on landing 

projections from the stock assessment. 

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 

Amendment 41 would increase 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 due to an increase 

in the minimum size limit if the ABC 

and recreational ACL were specified in 

numbers of fish. Because the current 

44758 Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Proposed Rules 

ABC and recreational ACL are specified 

in pounds, and the new ABC and 

recreational ACL are specified in 

numbers of fish, Appendix J to 

Amendment 41 includes a detailed 

account of the methodology used to 

specify the ABC and recreational ACL 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 4.2 lb (1.9 kg) per fish. 

Based on results from the SEDAR 15A 

Update and the SSC’s recommended 

ABC, Amendment 41 would decrease 

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. 

The proposed commercial ACLs for 

mutton snapper are 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. 

The proposed recreational ACLs for 

mutton snapper are 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. 

Recreational ACTs 

The current recreational ACT for 

South Atlantic mutton snapper is 

668,906 lb (303,411 kg). Amendment 41 

would specify a recreational ACT (equal 

to 85 percent of the recreational ACL) of 

98,708 fish for 2017. The recreational 

ACT would increase annually from 2017 

through 2020, and would remain in 

effect until modified. The recreational 

ACT would be 103,121 fish for 2018, 

106,051 fish for 2019, and 108,048 fish 

for 2020 and subsequent fishing years. 

NMFS notes that the current and 

proposed recreational ACTs are used 

only for monitoring and do not trigger 

a recreational accountability measure. 

Minimum Size Limit 

The current minimum size limit for 

the commercial and recreational sectors 

of mutton snapper is 16 inches (40.6 

cm), total length (TL), and Amendment 

41 would increase the minimum size 

limit 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, would allow more 

individuals to reach reproductive 

activity before being susceptible to 

harvest, and is also projected to increase 

the average size and the corresponding 

average weight of fish harvested. 

Spawning Months 

Currently, there is no designated 

spawning season for mutton snapper in 

the South Atlantic; however, to protect 

spawning fish, a May through June 

seasonal harvest limitation applies to 

vessels with a Federal commercial 

permit for South Atlantic snappergrouper. There are no similar 

management measures in place to 

constrain recreational harvest in May 

and June. Amendment 41 would 

designate April through June as 

spawning months, during which certain 

management measures, such as the 

proposed commercial trip limits, would 

apply. 

Commercial Trip Limits 

Currently, there is no year-round 

commercial trip limit for mutton 

snapper in the South Atlantic. However, 

during May and June of each year, there 

is a seasonal harvest limitation 

(equivalent to a commercial trip limit) 

for the possession of mutton snapper in 

or from the EEZ on board a vessel that 

has a Federal commercial permit for 

South Atlantic snapper-grouper. During 

these two months, the commercial 

harvest of mutton snapper is limited to 

10 per person per day or 10 per person 

per trip, whichever is more restrictive 

(50 CFR 622.184(b)). 

Amendment 41 would replace the 

current seasonal harvest limitation for 

the commercial sector each year in May 

and June, and would implement 

commercial trip limits for the purposes 

of maintaining a year-round commercial 

fishing season and reducing harvest on 

mutton snapper spawning aggregations. 

During the proposed mutton snapper 

spawning months of April through June, 

Amendment 41 would establish a 

commercial trip limit of five fish per 

person per day or five fish per person 

per trip, whichever is more restrictive. 

For the remainder of the year (January 

through March and July through 

December), Amendment 41 would 

establish a 500-lb (227-kg) commercial 

trip limit. 

Recreational Bag Limits 

Currently, mutton snapper is part of 

the 10 snapper combined recreational 

bag limit in the South Atlantic that 

applies throughout the fishing year (50 

CFR 622.187(b)(4)). Through 

Amendment 41, mutton snapper would 

remain within the 10 snapper combined 

recreational bag limit in the South 

Atlantic, but a recreational bag limit of 

5 mutton snapper per person per day 

would apply within the overall 10 

snapper combined bag limit, yearround. Amendment 41 would modify 

the bag and possession limits for the 

purposes of maintaining a year-round 

recreational fishing season, and 

reducing harvest on mutton snapper 

spawning aggregations. 

Proposed Rule for Amendment 41 

A proposed rule that would 

implement Amendment 41 has been 

drafted. In accordance with the 

Magnuson-Stevens Act, NMFS is 

evaluating the proposed rule to 

determine whether it is consistent with 

the FMP, the Magnuson-Stevens Act, 

and other applicable laws. If that 

determination is affirmative, NMFS will 

publish the proposed rule in the Federal 

Register for public review and 

comment. 

Consideration of Public Comments 

The South Atlantic Council has 

submitted Amendment 41 for 

Secretarial review, approval, and 

implementation. Comments on 

Amendment 41 must be received by 

November 27, 2017. Comments received 

during the respective comment periods, 

whether specifically directed to 

Amendment 41 or the proposed rule, 

will be considered by NMFS in the 

decision to approve, disapprove, or 

partially approve Amendment 41. 

Comments received after the comment 

periods will not be considered by NMFS 

in this decision. All comments received 

by NMFS on Amendment 41 or the 

proposed rule during their respective 

comment periods will be addressed in 

the final rule. 

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

Dated: September 20, 2017. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2017–20480 Filed 9–25–17; 8:45 am] 

BILLING CODE 3510–22–P