Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Proposed Rules 49167 

state implementation plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania (the Commonwealth) for 

the purpose of adopting EPA’s control 

technique guidelines (CTG) for 

automobile and light-duty truck 

assembly coatings. In the Final Rules 

section of this issue of the Federal 

Register, EPA is approving the 

Commonwealth’s SIP submittal as a 

direct final rule without prior proposal 

because the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. A 

more detailed description of the 

Commonwealth’s submittal and EPA’s 

evaluation is included in a technical 

support document (TSD) prepared in 

support of this rulemaking action. A 

copy of the TSD is available, upon 

request, from the EPA Regional Office 

listed in the ADDRESSES section of this 

document or is also available 

electronically within the Docket for this 

rulemaking action. If no adverse 

comments are received in response to 

this action, no further activity is 

contemplated. If EPA receives adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. 

DATES: Comments must be received in 

writing by November 24, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2017–0342 at http://

www.regulations.gov, or via email to 

stahl.cynthia@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the ‘‘For Further 

Information Contact’’ section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Schulingkamp, (215) 814–2021, 

or by email at schulingkamp.joseph@

epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this issue of the Federal 

Register publication. Please note that if 

EPA receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

Dated: September 26, 2017. 

Cecil Rodrigues, 

Acting Regional Administrator, Region III. 

[FR Doc. 2017–22943 Filed 10–23–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 170324313–7313–01] 

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: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to implement 

management measures described in 

Amendment 41 to the Fishery 

Management Plan (FMP) for the 

Snapper-Grouper Fishery of the South 

Atlantic Region (Snapper-Grouper 

FMP), as prepared and submitted by the 

South Atlantic Fishery Management 

Council (South Atlantic Council). If 

implemented, this proposed rule would 

revise 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. The purpose of this 

proposed 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: Written comments on the 

proposed rule must be received by 

November 24, 2017. 

ADDRESSES: You may submit comments 

on the proposed rule, identified by 

‘‘NOAA–NMFS–2017–0103,’’ by either 

of the following methods: 

• Electronic submission: Submit all 

electronic comments via the Federal eRulemaking 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 (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 is managed under the 

FMP and includes mutton snapper, 

along with other snapper-grouper 

species. 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 


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49168 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Proposed Rules 

Fishery Conservation and Management 

Act (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 15A (SEDAR 15A)), with a 

single acceptable biological catch (ABC) 

that covers 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 

and this proposed rule 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. 

Management Measures Contained in 

This Proposed Rule 

This proposed rule would revise the 

mutton snapper ACLs for the 

commercial and recreational sectors in 

the South Atlantic, increase the 

minimum size limit for mutton snapper 

in the commercial and recreational 

sectors, and modify the commercial trip 

limit and the recreational bag limit. 

Unless otherwise noted, all weights 

described in this proposed rule are in 

round weight. 

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 and this 

proposed rule would 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 

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 and this proposed rule 

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 as a result of an 

increase in the minimum size limit if 

the ABC and recreational ACL were 

specified in numbers of fish. Because 

the current 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 

for mutton snapper 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 ABC). 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. 

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 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. 

The ABC (equal to the total ACL for 

mutton snapper) 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 


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Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Proposed Rules 49169 

added to the recreational ACL in 

numbers. 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. 

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 this proposed 

rule 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 

individual mutton snapper 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. 

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 and this proposed 

rule 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 

when they aggregate to spawn. During 

the mutton snapper spawning months of 

April through June, this proposed rule 

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), this proposed 

rule would establish a 500-lb (227-kg) 

commercial trip limit. 

Recreational Bag Limit 

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 this 

proposed rule, 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 and this 

proposed rule would modify the bag 

limit 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 Proposed Rule 

In addition to the management 

measures codified through this 

proposed rule, and the ABC that was 

previously described, Amendment 41 

would specify 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 

Currently, the 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 mutton 

snapper stock in the South Atlantic 

would be 912,500 lb (413,903 kg). 

Currently, the 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. 

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 purposes and do not 

trigger a recreational accountability 

measure. 

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, and 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 the 

proposed commercial trip limits, would 

apply. The South Atlantic Council 

considered additional recreational 

management measures specific to the 

proposed spawning months but chose to 

reduce the bag limit year-round instead. 

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 41, the FMP, other 

provisions of the Magnuson-Stevens 

Act, and other applicable laws, 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 


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49170 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Proposed Rules 

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 preamble and 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. An RFA analysis and later a 

supplemental RFA analysis were 

conducted for this proposed rule and 

the factual basis for this certification is 

as follows. 

This proposed rule affects commercial 

and recreational fishing for mutton 

snapper in the South Atlantic EEZ. 

Recreational fishermen (anglers) 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 this 

proposed rule and the impacts on them 

are not provided here. 

An annual average of 274 federally 

permitted commercial fishing vessels 

harvested mutton snapper in the South 

Atlantic from 2010 through 2014, and it 

is estimated that 230 businesses own 

these commercial fishing vessels. 

During that 5-year period, which 

represents the best scientific 

information available for landings and 

nominal revenues of mutton snapper, 

the average vessel that harvests mutton 

snapper lands an average of 217 lb (98 

kg), gutted weight, of the species 

annually with a dockside value of $655 

(2015 dollars used throughout this 

analysis). That average vessel’s annual 

dockside revenue from all landings is 

$54,078, and mutton snapper landings 

represent 1.2 percent of the average 

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 above estimate of average annual 

revenue for a vessel that lands mutton 

snapper, it is expected that most to all 

of the 230 businesses are small. 

Amendment 41 would specify the 

MSY, MSST, and OY for mutton 

snapper. None of these actions would 

have a direct economic impact on any 

small business, and any indirect 

impacts would be dependent on 

subsequent actions. 

The proposed rule would reduce the 

commercial ACL for mutton snapper 

from 157,743 lb (71,551 kg) to 100,015 

lb (45,366 kg), round weight, in the 2017 

fishing year. Subsequently, the 

commercial ACL would increase 

annually up to 111,354 lb (50,509 kg), 

round weight, in the 2020 and 

subsequent fishing years. Since 2012, 

annual total commercial landings of 

mutton snapper have been less than 

93,000 lb (42,184 kg), round weight. 

Therefore, the proposed commercial 

ACL is expected to have no impact on 

small businesses. 

The proposed rule would increase the 

minimum size limit for mutton snapper 

from 16 inches (41 cm) to 18 inches (46 

cm), TL. The minimum size limit 

increase could reduce average annual 

landings by 3.8 percent. With average 

annual landings of 217 lb (98 kg), gutted 

weight, of mutton snapper per vessel, a 

3.8 percent reduction in mutton snapper 

landings would reduce the average 

vessel’s landings of mutton snapper by 

approximately 8 lb (4 kg), gutted weight, 

and its dockside revenue by $24.82 

annually. That loss represents 

approximately 0.05 percent of the 

average vessel’s annual dockside 

revenue from all landings ($54,078). 

Amendment 41 would designate 

April, May, and June as spawning 

months and the proposed rule would 

establish a commercial trip limit for 

each person of 5 mutton snapper per 

day or per trip, whichever is more 

restrictive, during those 3 months. 

There is currently a seasonal harvest 

limitation (equivalent to a commercial 

trip limit), for a vessel with a Federal 

commercial permit for South Atlantic 

snapper-grouper, for each person of 10 

mutton snapper per day or per trip, 

whichever is more restrictive, during 

May and June each year, and no 

commercial trip limit during the rest of 

the year. Based on the average numbers 

of 2 crew members and 2 days per 

commercial trip for those vessels that 

landed mutton snapper in all months 

every year from 2010 through 2014, 

NMFS expects the limit of 5 mutton 

snapper per person per commercial trip 

would be the more restrictive limit. 

NMFS estimates the maximum 

number of mutton snapper that could be 

landed by a vessel during the three 

designated spawning months with the 

average number of crew, regardless of 

gear, would be equal to or greater than 

the expected number of mutton snapper 

that would be landed during those 

months. Therefore, the commercial trip 

limit during the spawning months is 

expected to have no impact on small 

businesses. 

The proposed rule would establish a 

commercial trip limit of 500 lb (227 kg), 

round weight, of mutton snapper per 

trip during the 9 non-spawning months 

of the fishing year. From 2010 through 

2014, an annual average of 4 vessels 

collectively made 7 trips that landed 

more than 500 lb (227 kg), round 

weight, of mutton snapper. The four 

vessels and seven trips represent 1.5 

percent of the average annual vessels 

and 0.5 percent of the average annual 

trips that landed mutton snapper. The 

four vessels also represent up to 1.7 

percent of the small businesses that 

could be directly affected by the 

proposed rule. NMFS estimates these 4 

vessels would lose an average weight of 

mutton snapper landings 425 lb (193 

kg), gutted weight, for each trip over the 

500 lb (227 kg), round weight, limit, and 

their combined losses would be 2,975 lb 

(1,349 kg) gutted weight, annually. The 

average annual loss for each these 4 

vessels would be approximately 744 lb 

(337 kg), gutted weight, with a dockside 

value of $2,239. That decrease 

represents approximately 4.1 percent of 

the average annual dockside revenue for 

all vessels that land mutton snapper; 

however, these four vessels have much 

higher than average landings and are 

expected to have annual revenues 

higher than the average. 

In conclusion, NMFS estimates 98.5 

percent of the vessels and 

approximately 99 percent of the small 

businesses would have a 0.05 percent 

decrease in average annual total 

dockside revenue because of this 

proposed rule. NMFS also estimates 1.5 

percent of the vessels and 

approximately 1 percent of the small 

businesses that land over 500 lb (227 

kg), round weight, of mutton snapper in 

a trip could experience a decrease in 

annual revenue of up to 4.1 percent; 

however, that percentage is based on the 

average vessel that lands mutton 

snapper and these 4 vessels have above 

average landings and revenues. 

Because this proposed rule would not 

have a significant economic effect on a 

substantial number of small entities, an 

initial regulatory flexibility analysis is 

not required and none has been 

prepared. 

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. 


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Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Proposed Rules 49171 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Mutton snapper, 

South Atlantic. 

Dated: October 18, 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 

■ 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 

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) 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. 2017–23002 Filed 10–23–17; 8:45 am] 

BILLING CODE 3510–22–P 


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