Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack Management Measures, 55821-55825 [2015-23347]
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Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Proposed Rules
Sale and Purchase Restrictions of
Recreationally Harvested Dolphin,
Wahoo or Snapper-Grouper
Amendments 7/33 would explicitly
prohibit the sale or purchase of any
dolphin, wahoo, and snapper-grouper
recreationally harvested in The
Bahamas and transported through the
U.S. EEZ. The Council determined that
establishing a specific prohibition to the
sale or purchase of any of these species
from The Bahamas was necessary to
ensure consistency with the current
Federal regulations that prohibit
recreational bag limit sales of these
species. The Council wanted to ensure
that Amendments 7/33 and the
accompanying rulemaking do not create
an opportunity for these fish to be sold
or purchased.
Required Documentation
Amendments 7/33 would revise the
documentation requirements for
snapper-grouper species and implement
documentation requirements for
dolphin and wahoo lawfully harvested
in Bahamian waters and in transit
through the U.S. EEZ. For snappergrouper lawfully harvested under the
exemption, the current requirement is
that valid Bahamian fishing and
cruising permits are on the vessel.
Amendments 7/33 would retain the
current requirement that valid
Bahamian fishing and cruising permits
are onboard and additionally require
that all vessel passengers have stamped
and dated government passports. These
documentation requirements would
apply to individuals onboard a vessel in
transit through the U.S. EEZ from
Bahamian waters with dolphin, wahoo,
or snapper-grouper fillets. Requiring
vessel passengers to have a valid
government passport with current
stamps and dates from The Bahamas
will increase the likelihood that the
vessel was lawfully fishing in The
Bahamas and that any dolphin, wahoo,
or snapper-grouper fillets on the vessel
were harvested in Bahamian waters and
not in the U.S. EEZ.
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Transit and Stowage Provisions
Snapper-grouper vessels operating
under the current exemption have
specific transit requirements when in
the South Atlantic EEZ as described in
§ 622.186(b). These vessels are required
to be in transit when they enter the
South Atlantic EEZ with Bahamian
snapper-grouper onboard. A vessel is in
transit through the South Atlantic EEZ
when it is on ‘‘a direct and continuous
course through the South Atlantic EEZ
and no one aboard the vessel fishes in
the EEZ.’’ Amendments 7/33 would
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revise the snapper-grouper transit
provisions, also apply the transit
provisions to vessels operating under
the proposed exemption for dolphin and
wahoo, and require fishing gear to be
appropriately stowed on vessels
transiting through the U.S. EEZ with
fillets of these species. The proposed
definition for ‘‘fishing gear
appropriately stowed’’ would mean that
‘‘terminal gear (i.e., hook, leader, sinker,
flasher, or bait) used with an automatic
reel, bandit gear, buoy gear, handline, or
rod and reel must be disconnected and
stowed separately from such fishing
gear. Sinkers must be disconnected from
the down rigger and stowed separately.’’
The Council determined that specifying
criteria for transit and fishing gear
stowage for vessels returning from The
Bahamas under the exemption would
assist in the enforceability of the
proposed regulations and increase
consistency with the state of Florida’s
gear stowage regulations.
A proposed rule that would
implement measures outlined in
Amendments 7/33 has been drafted. In
accordance with the Magnuson-Stevens
Act, NMFS is evaluating Amendment 7/
33 and the proposed rule to determine
whether it is consistent with the FMP,
the Magnuson-Stevens Act, and other
applicable law. If the determination is
affirmative, NMFS will publish the
proposed rule in the Federal Register
for public review and comment.
Consideration of Public Comments
The Council submitted Amendments
7/33 for Secretarial review, approval,
and implementation on May 1, 2015.
Comments received on or before
November 16, 2015, will be considered
by NMFS in the approval, partial
approval, or disapproval decision
regarding Amendments 7/33. Comments
received after that date will not be
considered by NMFS in this decision.
All relevant comments received by
NMFS on the amendment 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 14, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2015–23339 Filed 9–16–15; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 150817720–5720–01]
RIN 0648–BF21
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Greater
Amberjack Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in a
framework action 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).
If implemented, this action would revise
the commercial and recreational annual
catch limits (ACLs) and annual catch
targets (ACTs), the commercial trip
limit, and the recreational minimum
size limit for greater amberjack in the
Gulf of Mexico (Gulf) exclusive
economic zone. Additionally, this rule
would correct an error in the Gulf gray
triggerfish recreational accountability
measures (AMs). The purpose of this
rule is to modify Gulf greater amberjack
management measures to end
overfishing and achieve optimal yield
for the greater amberjack resource.
DATES: Written comments must be
received on or before October 19, 2015.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2015–0094’’ by any of
the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20150094, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Richard Malinowski, 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
SUMMARY:
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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 the framework
action, which includes an
environmental assessment, a regulatory
impact review, and a Regulatory
Flexibility Act (RFA) analysis may be
obtained from the Southeast Regional
Office Web site at https://
sero.nmfs.noaa.gov/sustainable_
fisheries/gulf_fisheries/reef_fish/2015/
greater_amberjack_framework/
index.html.
FOR FURTHER INFORMATION CONTACT:
Richard Malinowski, Southeast Regional
Office, NMFS, telephone: 727–824–
5305, email: rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: The Gulf
reef fish fishery is managed under the
FMP. The FMP was prepared by the
Council and is implemented through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
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Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to achieve on a continuing
basis the optimum yield from federally
managed fish stocks. This mandate is
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, while also protecting
marine ecosystems.
The greater amberjack resource in the
Gulf was declared overfished by NMFS
on February 9, 2001. Secretarial
Amendment 2 established a greater
amberjack rebuilding plan that started
in 2003 and was scheduled to rebuild
the stock in 2012 (68 FR 39898, July 3,
2003). In 2006, a Southeast Data,
Assessment and Review (SEDAR)
benchmark stock assessment (SEDAR 9)
occurred and was subsequently updated
in 2010 (SEDAR 9 Update). In response
to new scientific information from
SEDAR 9 and the SEDAR 9 Update, the
rebuilding plan was revised in both
Amendments 30A and 35 to the FMP
(73 FR 38139, July 3, 2008, and 77 FR
67574, December 13, 2012). However,
the rebuilding time period ended in
2012, without the stock being rebuilt.
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A 2014 stock assessment indicates the
Gulf greater amberjack stock remains
overfished and is undergoing
overfishing. The Council’s Scientific
and Statistical Committee (SSC)
reviewed this assessment at their June
2014 meeting and used the acceptable
biological catch (ABC) control rule to
recommend an ABC equivalent to 75
percent of the maximum fishing
mortality threshold to end overfishing
and rebuild the stock. The ABCs
recommended by the Council’s SSC in
this framework action are: 1,720,000 lb
(780,179 kg) for 2015; 2,230,000 lb
(1,011,511 kg) for 2016; 2,490,000 lb
(1,129,445 kg) for 2017; and 2,620,000 lb
(1,188412 kg) for 2018.
In August 2014, pursuant to section
304(e)(2) of the Magnuson-Stevens Act,
NMFS notified the Council of the 2014
stock assessment results that indicated
that the greater amberjack stock
continued to be overfished and
undergoing overfishing. Following that
notification, the Council was required
under section 304(e)(3) of the
Magnuson-Stevens Act to prepare a plan
amendment or regulations within 2
years to end overfishing immediately
and rebuild the greater amberjack stock.
For this framework action, the
Council chose to reduce the current
stock ACL of 1,780,000 lb (807,394 kg)
to the SSC’s ABC recommendation for
2015 of 1,720,000 lb (780,179 kg).
Furthermore, the Council decided to
maintain the 2015 catch levels through
2018, which results in an ABC and stock
ACL that will be 49 percent of the 2018
overfishing limit (OFL), and is expected
to rebuild the stock by 2019. The
Council also considered an alternative
in the framework action that would
have set the stock ACL at zero.
However, this alternative, which is
projected to rebuild the stock by 2017,
would have the greatest negative socioeconomic impacts on fishing
communities for relatively little
biological benefit.
Although the Council did not
explicitly discuss its obligations under
section 304(e)(3) of the MagnusonStevens Act, the framework action and
this proposed rule fulfill the Council’s
responsibility to ‘‘prepare and
implement a fishery management plan,
plan amendment, or proposed
regulations for the fishery’’ under that
provision. Consistent with the
requirements of sections 304(e)(3) and
(4), the framework action and proposed
rule are projected to end overfishing
immediately and rebuild the stock in as
short as time possible, taking into
account the needs of fishing
communities. The specified time for
rebuilding is 4 years, well below the
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maximum time of 10 years specified in
section 304(4)(A)(ii) of the MagnusonStevens Act, and the harvest restrictions
are fairly and equitably allocated
between the commercial and
recreational sectors by virtue of the
established ACL allocation, the
increased recreational size limit, and the
decreased commercial trip limit.
Management Measures Contained in
This Proposed Rule
This rule would revise the
commercial and recreational ACLs and
ACTs (which are expressed as quotas in
the regulatory text), the commercial trip
limit, and the recreational minimum
size limit for greater amberjack in the
Gulf.
Commercial and Recreational ACLs and
ACTs
This rule would revise the
commercial and recreational ACLs and
ACTs for Gulf greater amberjack. All
ACL and ACT weights are described in
round weight. The final rule for
Amendment 35 to the FMP set the
current commercial ACL at 481,000 lb
(218,178 kg) and the current commercial
ACT at 409,000 lb (185,519 kg). That
final rule also set the current
recreational ACL at 1,299,000 lb
(589,216 kg) and the current recreational
ACT at 1,130,000 lb (512,559 kg).
This proposed rule would reduce the
commercial and recreational ACLs and
ACTs. The current sector allocation of
27 percent for the commercial sector
and 73 percent for the recreational
sector would not change through this
framework action. The commercial ACL
would be set at 464,400 lb (210,648 kg)
and the commercial ACT would be set
at 394,740 lb (179,051 kg). The
recreational ACL would be set at
1,255,600 lb (569,531 kg) and the
recreational ACT would be set at
1,092,372 lb (495,492 kg).
Commercial Trip Limit
The current greater amberjack
commercial trip limit was established in
Amendment 35 to the FMP at 2,000 lb
(907 kg), round weight, in an effort to
reduce harvest rates, prevent
commercial ACL overages, and provide
a longer fishing season for the
commercial sector (77 FR 67574,
November 13, 2012). However, in 2013,
the commercial ACL and ACT were still
exceeded by approximately 12 percent,
triggering the commercial AMs and
closing the commercial sector in season.
This rule would reduce the commercial
trip limit to 1,500 lb (680 kg), gutted
weight; 1,560 lb (708 kg), round weight.
The Council determined that the
proposed trip limit would further
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reduce the likelihood of exceeding the
commercial ACL and ACT and could
extend the length of the commercial
fishing season.
Recreational Size Limit
This rule would revise the greater
amberjack recreational minimum size
limit. In 2008, Amendment 30A to the
FMP set the greater amberjack
recreational minimum size limit at 30
inches (76 cm), fork length (FL), (73 FR
38139, July 3, 2008).
A greater amberjack with a 30-inch
(76-cm), FL, is approximately 2 years
old and the majority of the fish at that
size have likely not yet reached sexual
maturity. At the proposed recreational
minimum size limit of 34 inches (86.4
cm), FL, it is estimated that 85 percent
of females are reproductively mature.
Additionally, based upon a review of
greater amberjack recreational landings
from 2012 through 2013, 34 inches (86.4
cm), FL, was the most frequently landed
size of greater amberjack. The Council
determined that increasing the
recreational minimum size limit from 30
inches (76 cm), FL, to 34 inches (86.4
cm), FL, would provide an opportunity
for a greater number of sexually mature
greater amberjack to spawn, which
could assist in Council efforts to end
overfishing and rebuild the stock.
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Other Actions Contained in the
Framework Action
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Amendment 30A to the FMP
implemented ACLs and AMs for Gulf
gray triggerfish (73 FR 38139, July 3,
2008). The recreational AM was a postseason AM that reduced the length of
the following recreational fishing season
by the amount necessary to ensure
recreational landings did not exceed the
recreational ACT the following fishing
year. To determine a reduced season,
recreational landings were evaluated
relative to the recreational ACL based
on a moving multi-year average of
landings. In Amendment 37 to the FMP,
this post-season AM was replaced with
an in-season AM (which is based on a
single season of landings data), so the
recreational sector closes when the
recreational ACT is reached or projected
to be reached (78 FR 27084, May 9,
2013). However, during the
implementation of Amendment 37, the
last sentence in § 622.41(b)(2)(iii),
which states that ‘‘Recreational landings
will be evaluated relative to the ACL
based on a moving multi-year average of
landings, as described in the FMP,’’ was
not removed. NMFS has only recently
noticed this error. This rule corrects this
error by removing this sentence. The
recreational ACL and ACT for gray
triggerfish implemented in Amendment
37 to the FMP remain unchanged.
Classification
In addition to the measures being
proposed in this rule, the framework
action would revise the greater
amberjack ABC and OFL based upon the
results of SEDAR 33 and the Council’s
SSC recommendation. All ABC and OFL
weights are described in round weight.
The current greater amberjack ABC is
1,780,000 lb (807,394 kg) and the
current OFL is 2,380,000 lb (1,079,550
kg), which were established in
Amendment 35 to the FMP (77 FR
67574, November 13, 2012). This
framework action would revise the ABC
and OFL for 4 years, beginning in 2015.
The ABC, which is equal to the stock
ACL would be set at 1,720,000 lb
(780,179 kg). The OFL would be set at
2,660,000 lb (1,206,556 kg) for 2015;
3,210,000 lb (1,456,032) kg) for 2016;
3,420,000 lb (1,551,286 kg) for 2017; and
3,510,000 lb (1,592,109 kg) for 2018, and
subsequent years.
The framework action also contained
an action to modify the greater
amberjack recreational closed season.
However, the Council decided not to
revise the recreational season at this
time. Therefore, the current recreational
closed season of June 1 through July 31
remains in effect.
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Additional Proposed Changes to
Codified Text
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the Assistant
Administrator has determined that this
proposed rule is consistent with the
framework action, 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.
NMFS prepared an IRFA for this rule,
as required by section 603 of the RFA,
5 U.S.C. 603. The IRFA describes the
economic impact that this proposed
rule, if implemented, would have on
small entities. A description of the
proposed rule, why it is being
considered, and the objectives of, and
legal basis for this proposed rule are
contained at the beginning of this
section in the preamble and in the
SUMMARY section of the preamble. A
copy of the full analysis is available
from the NMFS (see ADDRESSES). A
summary of the IRFA follows.
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, record-
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55823
keeping, or other compliance
requirements are introduced by this
proposed rule. Accordingly, this rule
does not implicate the Paperwork
Reduction Act.
This proposed rule, if implemented,
would be expected to directly affect all
commercial vessels that harvest Gulf
greater amberjack under the FMP.
Changes to recreational ACLs, ACTs,
and/or minimum size limits in this
proposed rule would not directly apply
to or regulate charter vessel and
headboat (for-hire) businesses. Any
impact to the profitability or
competitiveness of for-hire fishing
businesses would be the result of
changes in for-hire angler demand and
would therefore be indirect in nature.
The RFA does not consider recreational
anglers, who would be directly affected
by this proposed rule, to be small
entities, so they are outside the scope of
this analysis and only the effects on
commercial vessels were analyzed.
As of March 25, 2015, there were 863
vessels with valid or renewable Gulf
reef fish commercial vessel permits. On
average (2009 through 2013), 211
vessels commercially landed greater
amberjack each year from Gulf Federal
waters. Their average annual vessellevel revenue for 2009 through 2013 was
approximately $130,000 (2013 dollars),
of which $2,400 was from greater
amberjack.
No other small entities that would be
directly affected by this proposed rule
have been identified.
The Small Business Administration
(SBA) has established size criteria for all
major industry sectors in the U.S.,
including commercial finfish harvesters
(NAICS code 114111). A business
primarily involved in finfish harvesting
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 has
combined annual receipts not in excess
of $20.5 million for all its affiliated
operations worldwide. All of the vessels
directly regulated by this rule are
believed to be small entities based on
the SBA size criteria.
Because all entities expected to be
affected by this proposed rule are small
entities, NMFS has determined that this
proposed rule would affect a substantial
number of small entities. Moreover, the
issue of disproportionate effects on
small versus large entities does not arise
in the present case.
This proposed rule would reduce the
current greater amberjack commercial
ACT by 14,260 lb (6,468 kg), round
weight, from 409,000 lb (185,519 kg) to
394,740 lb (179,051 kg), round weight,
or 3.5 percent. Additionally, this
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proposed rule would reduce the greater
amberjack commercial trip limit from
2,000 lb (907 kg), round weight, to 1,560
lb (708 kg), round weight; 1,500 lb (680
kg), gutted weight. On its own, the
reduction in the commercial ACT would
be expected to result in a shorter fishing
season and fewer commercial trips that
harvest greater amberjack. Conversely,
the reduced commercial trip limit
would be expected to increase the
commercial fishing season length and
the overall number of trips necessary to
harvest the full commercial ACT. When
the actions to reduce the commercial
ACT and the trip limit are analyzed
together, the expected recurring annual
reduction in total ex-vessel revenue
from this proposed rule is estimated to
be $20,703 (2013 dollars), assuming
there is no substitution of other species
and no change in effort, harvest rates, or
prices. In addition, the season is
predicted to be 5 days longer under the
preferred commercial ACT and trip
limit alternatives than under the no
action alternatives for these actions.
Assuming the reduction in greater
amberjack revenues is distributed
evenly across the average number of
vessels that commercially harvest
greater amberjack per year (211 vessels),
the annual per-vessel loss would be $98
(2013 dollars), or less than 1 percent of
the average annual revenue earned by
these vessels for all species harvested.
Because this estimate is based on
average performance, some vessels may
be affected more or less than others,
depending on their overall catch
composition, landing capacity, and
fishing behavior.
Thirty vessels, on average per year
(2009 through 2013), were identified
that commercially landed greater
amberjack in excess of 1,500 lb (680 kg),
gutted weight, on a single trip (14
percent of the average number of vessels
that harvested greater amberjack each
year). In 2013, the total weight of greater
amberjack harvested in excess of 1,500
lb (680 kg), gutted weight, per trip
accounted for approximately 10 percent
of total greater amberjack landings.
Thus, for the 211 vessels that
commercially harvest greater amberjack,
the proposed reduction in the
commercial trip limit, assuming effort
remains constant, would be expected to
reduce total commercial greater
amberjack harvests by approximately
39,000 lb (17,690 kg), round weight, and
$46,800 (2013 dollars) in total ex-vessel
revenue annually. Averaged across the
30 vessels per year with trip harvests
above 1,500 lb (680 kg), gutted weight,
this reduction would equal
approximately $1,560 (2013 dollars) per
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vessel, or approximately 1 percent of
their average annual revenue. These
losses would be reduced if increased
landings of other species can be
substituted for greater amberjack
landings or if new trips harvesting
greater amberjack were to occur. It is
assumed that the full commercial ACT
would be harvested under the preferred
trip limit alternative. Therefore, if the
trip limit change implemented by this
proposed rule results in a decrease in
greater amberjack landings and revenues
for some vessels, it would result in an
increase in greater amberjack landings
and revenues for other vessels.
The following discussion analyzes the
alternatives that were not selected as
preferred by the Council. Only the
actions which contain alternatives that
would have direct economic effects on
small entities merit inclusion in the
following discussion.
Four alternatives were considered for
the action to modify the commercial and
recreational ACLs and ACTs for Gulf
greater amberjack. The first alternative,
the no action alternative, would not be
expected to have any direct economic
effects. This alternative was not selected
because the stock ACL would exceed
the ABC calculated by the most recent
greater amberjack assessment and
recommended by the SSC and would,
therefore, be inconsistent with the NS 1
guidelines. The second alternative
would set the stock ACL from 2015
through 2018 equal to the ABC values
recommended by the SSC. This
alternative included two sub-options.
The first sub-option would use the
Council’s ACL/ACT control rule as
established in the Generic ACL/AM
Amendment (76 FR 82044, December
29, 2011), which would set the
commercial ACT at a level reduced by
15 percent from the commercial ACL for
greater amberjack and set the
recreational ACT at a level reduced by
13 percent from the recreational ACL.
The second sub-option would not use
the ACL/ACT control rule and instead
would apply a 20-percent buffer that
would reduce both the recreational and
commercial ACLs by 20 percent to
establish the recreational and
commercial ACTs. This alternative
would increase the stock ACL each year
from 2015 through 2018, which would
be expected to result in greater
economic benefits than the preferred
alternative in the framework action.
However, this alternative was not
selected as preferred by the Council as
a result of the following factors: the
stock remains overfished and is
undergoing overfishing, the 10-year
rebuilding plan time period ended and
the stock has not been rebuilt, and the
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stock biomass has been relatively stable
(at overfished levels) since 2000, while
experiencing harvest levels below what
is currently projected to rebuild the
stock in upcoming years. The third
alternative is the preferred alternative,
which would set a constant stock ACL
equal to the 2015 ABC value
recommended by the SSC. The same
two sub-options for setting the ACT that
were considered for the second
alternative were also considered for the
third alternative. The first sub-option,
selected as preferred by the Council,
would apply a 15-percent buffer to the
commercial ACL to set the commercial
ACT and apply a 13-percent buffer to
the recreational ACL to set the
recreational ACT. The second suboption would not use the ACL/ACT
control rule and instead would apply a
20-percent buffer that would reduce
both the recreational and commercial
ACLs by 20 percent to establish the
recreational and commercial ACTs. The
fourth alternative would set the stock
ACL and stock ACT at zero. The fourth
alternative would stop all directed
harvest of greater amberjack and would
be expected to result in greater
economic losses than the preferred
ACL/ACT alternative.
Five alternatives were considered for
the action to modify the greater
amberjack commercial trip limit. The
first alternative, the no action
alternative, would maintain the current
2,000 lb (907 kg), round weight, trip
limit and would not be expected to have
any direct economic effects. The second
alternative is the preferred alternative,
which would establish a 1,500 lb (680
kg), gutted weight, trip limit for greater
amberjack. The third, fourth, and fifth
alternatives would have established
1,000 lb (454 kg), 750 lb (340 kg), and
500 lb (227 lb), gutted weight trip limits,
respectively. Although these three
alternatives would be expected to
extend the season, they would increase
the likelihood that trips are no longer
profitable and decrease the likelihood
that the full commercial ACT would be
harvested during the fishing year. As
such, these three alternatives would be
expected to result in greater economic
losses to affected small entities than the
preferred trip limit alternative.
An item contained in this proposed
rule that is not part of the framework
action is the removal of the last sentence
in § 622.41(b)(2)(iii), ‘‘Recreational
landings will be evaluated relative to
the ACL based on a moving multi-year
average of landings, as described in the
FMP.’’ This sentence, which pertains to
the evaluation of recreational landings
of gray triggerfish relative to the ACL,
was inadvertently not removed in the
E:\FR\FM\17SEP1.SGM
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final rule implementing Amendment 37
to the FMP (78 FR 27084, May 9, 2013).
The removal of this sentence will clarify
the criteria used to trigger recreational
AMs as written in the Federal
regulations; however, it is not expected
to have any effect on current
management practices. This is because
NMFS has managed gray triggerfish in
accordance with the preferred
alternatives specified in Amendment 37
since its implementation. Therefore, this
is an administrative change only and is
not expected to have any direct
economic effects on small entities. As
such, this component of the proposed
rule is outside the scope of the RFA.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing,
Greater amberjack, Gulf, Recreational,
Reef fish.
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
tkelley on DSK3SPTVN1PROD with PROPOSALS
VerDate Sep<11>2014
16:33 Sep 16, 2015
Jkt 235001
§ 622.37
Size Limits.
*
*
*
*
*
(c) * * *
(4) Greater amberjack—34 inches
(86.4 cm), fork length, for a fish taken
by a person subject to the bag limit
specified in § 622.38(b)(1) and 36 inches
(91.4 cm), fork length, for a fish taken
by a person not subject to the bag limit.
*
*
*
*
*
■ 3. In § 622.39, revise paragraphs
(a)(1)(v) and (a)(2)(ii) to read as follows:
Quotas.
*
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be amended as follows:
1. The authority citation for part 622
continues to read as follows:
2. In § 622.37, revise paragraph (c)(4)
to read as follows:
■
§ 622.39
Dated: September 11, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
■
Authority: 16 U.S.C. 1801 et seq.
*
*
*
*
(a) * * *
(1) * * *
(v) Greater amberjack—394,740 lb
(179,051 kg), round weight.
*
*
*
*
*
(2) * * *
(ii) Recreational quota for greater
amberjack. The recreational quota for
greater amberjack is 1,092,372 lb
(495,492 kg), round weight.
*
*
*
*
*
■ 4. In § 622.41, revise paragraphs
(a)(1)(iii), (a)(2)(iii), and (b)(2)(iii) to
read as follows:
PO 00000
Frm 00029
Fmt 4702
Sfmt 9990
55825
§ 622.41 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
(a) * * *
(1) * * *
(iii) The commercial ACL for greater
amberjack is 464,400 lb (210,648 kg),
round weight.
(2) * * *
(iii) The recreational ACL for greater
amberjack is 1,255,600 lb (569,531 kg),
round weight.
(b) * * *
(2) * * *
(iii) The recreational ACL for gray
triggerfish is 241,200 lb (109,406 kg),
round weight. The recreational ACT for
gray triggerfish is 217,100 lb (98,475 kg),
round weight.
*
*
*
*
*
■ 5. In § 622.43, revise paragraph (a) to
read as follows:
§ 622.43
Commercial trip limits.
*
*
*
*
*
(a) Gulf greater amberjack. Until the
quota specified in § 622.39(a)(1)(v) is
reached, 1,500 lb (680 kg), gutted
weight; 1,560 lb (708 kg), round weight.
See § 622.39(b) for the limitations
regarding greater amberjack after the
quota is reached.
*
*
*
*
*
[FR Doc. 2015–23347 Filed 9–16–15; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\17SEP1.SGM
17SEP1
Agencies
[Federal Register Volume 80, Number 180 (Thursday, September 17, 2015)]
[Proposed Rules]
[Pages 55821-55825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23347]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 150817720-5720-01]
RIN 0648-BF21
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack Management
Measures
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 a
framework action 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). If implemented, this
action would revise the commercial and recreational annual catch limits
(ACLs) and annual catch targets (ACTs), the commercial trip limit, and
the recreational minimum size limit for greater amberjack in the Gulf
of Mexico (Gulf) exclusive economic zone. Additionally, this rule would
correct an error in the Gulf gray triggerfish recreational
accountability measures (AMs). The purpose of this rule is to modify
Gulf greater amberjack management measures to end overfishing and
achieve optimal yield for the greater amberjack resource.
DATES: Written comments must be received on or before October 19, 2015.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2015-0094'' by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0094, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Richard Malinowski,
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
[[Page 55822]]
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 the framework action, which includes an
environmental assessment, a regulatory impact review, and a Regulatory
Flexibility Act (RFA) analysis may be obtained from the Southeast
Regional Office Web site at https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2015/greater_amberjack_framework/.
FOR FURTHER INFORMATION CONTACT: Richard Malinowski, Southeast Regional
Office, NMFS, telephone: 727-824-5305, email: rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery is managed under
the FMP. The FMP was prepared by the Council and is implemented 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 NMFS and regional fishery
management councils to achieve on a continuing basis the optimum yield
from federally managed fish stocks. This mandate is 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, while also protecting marine ecosystems.
The greater amberjack resource in the Gulf was declared overfished
by NMFS on February 9, 2001. Secretarial Amendment 2 established a
greater amberjack rebuilding plan that started in 2003 and was
scheduled to rebuild the stock in 2012 (68 FR 39898, July 3, 2003). In
2006, a Southeast Data, Assessment and Review (SEDAR) benchmark stock
assessment (SEDAR 9) occurred and was subsequently updated in 2010
(SEDAR 9 Update). In response to new scientific information from SEDAR
9 and the SEDAR 9 Update, the rebuilding plan was revised in both
Amendments 30A and 35 to the FMP (73 FR 38139, July 3, 2008, and 77 FR
67574, December 13, 2012). However, the rebuilding time period ended in
2012, without the stock being rebuilt.
A 2014 stock assessment indicates the Gulf greater amberjack stock
remains overfished and is undergoing overfishing. The Council's
Scientific and Statistical Committee (SSC) reviewed this assessment at
their June 2014 meeting and used the acceptable biological catch (ABC)
control rule to recommend an ABC equivalent to 75 percent of the
maximum fishing mortality threshold to end overfishing and rebuild the
stock. The ABCs recommended by the Council's SSC in this framework
action are: 1,720,000 lb (780,179 kg) for 2015; 2,230,000 lb (1,011,511
kg) for 2016; 2,490,000 lb (1,129,445 kg) for 2017; and 2,620,000 lb
(1,188412 kg) for 2018.
In August 2014, pursuant to section 304(e)(2) of the Magnuson-
Stevens Act, NMFS notified the Council of the 2014 stock assessment
results that indicated that the greater amberjack stock continued to be
overfished and undergoing overfishing. Following that notification, the
Council was required under section 304(e)(3) of the Magnuson-Stevens
Act to prepare a plan amendment or regulations within 2 years to end
overfishing immediately and rebuild the greater amberjack stock.
For this framework action, the Council chose to reduce the current
stock ACL of 1,780,000 lb (807,394 kg) to the SSC's ABC recommendation
for 2015 of 1,720,000 lb (780,179 kg). Furthermore, the Council decided
to maintain the 2015 catch levels through 2018, which results in an ABC
and stock ACL that will be 49 percent of the 2018 overfishing limit
(OFL), and is expected to rebuild the stock by 2019. The Council also
considered an alternative in the framework action that would have set
the stock ACL at zero. However, this alternative, which is projected to
rebuild the stock by 2017, would have the greatest negative socio-
economic impacts on fishing communities for relatively little
biological benefit.
Although the Council did not explicitly discuss its obligations
under section 304(e)(3) of the Magnuson-Stevens Act, the framework
action and this proposed rule fulfill the Council's responsibility to
``prepare and implement a fishery management plan, plan amendment, or
proposed regulations for the fishery'' under that provision. Consistent
with the requirements of sections 304(e)(3) and (4), the framework
action and proposed rule are projected to end overfishing immediately
and rebuild the stock in as short as time possible, taking into account
the needs of fishing communities. The specified time for rebuilding is
4 years, well below the maximum time of 10 years specified in section
304(4)(A)(ii) of the Magnuson-Stevens Act, and the harvest restrictions
are fairly and equitably allocated between the commercial and
recreational sectors by virtue of the established ACL allocation, the
increased recreational size limit, and the decreased commercial trip
limit.
Management Measures Contained in This Proposed Rule
This rule would revise the commercial and recreational ACLs and
ACTs (which are expressed as quotas in the regulatory text), the
commercial trip limit, and the recreational minimum size limit for
greater amberjack in the Gulf.
Commercial and Recreational ACLs and ACTs
This rule would revise the commercial and recreational ACLs and
ACTs for Gulf greater amberjack. All ACL and ACT weights are described
in round weight. The final rule for Amendment 35 to the FMP set the
current commercial ACL at 481,000 lb (218,178 kg) and the current
commercial ACT at 409,000 lb (185,519 kg). That final rule also set the
current recreational ACL at 1,299,000 lb (589,216 kg) and the current
recreational ACT at 1,130,000 lb (512,559 kg).
This proposed rule would reduce the commercial and recreational
ACLs and ACTs. The current sector allocation of 27 percent for the
commercial sector and 73 percent for the recreational sector would not
change through this framework action. The commercial ACL would be set
at 464,400 lb (210,648 kg) and the commercial ACT would be set at
394,740 lb (179,051 kg). The recreational ACL would be set at 1,255,600
lb (569,531 kg) and the recreational ACT would be set at 1,092,372 lb
(495,492 kg).
Commercial Trip Limit
The current greater amberjack commercial trip limit was established
in Amendment 35 to the FMP at 2,000 lb (907 kg), round weight, in an
effort to reduce harvest rates, prevent commercial ACL overages, and
provide a longer fishing season for the commercial sector (77 FR 67574,
November 13, 2012). However, in 2013, the commercial ACL and ACT were
still exceeded by approximately 12 percent, triggering the commercial
AMs and closing the commercial sector in season. This rule would reduce
the commercial trip limit to 1,500 lb (680 kg), gutted weight; 1,560 lb
(708 kg), round weight. The Council determined that the proposed trip
limit would further
[[Page 55823]]
reduce the likelihood of exceeding the commercial ACL and ACT and could
extend the length of the commercial fishing season.
Recreational Size Limit
This rule would revise the greater amberjack recreational minimum
size limit. In 2008, Amendment 30A to the FMP set the greater amberjack
recreational minimum size limit at 30 inches (76 cm), fork length (FL),
(73 FR 38139, July 3, 2008).
A greater amberjack with a 30-inch (76-cm), FL, is approximately 2
years old and the majority of the fish at that size have likely not yet
reached sexual maturity. At the proposed recreational minimum size
limit of 34 inches (86.4 cm), FL, it is estimated that 85 percent of
females are reproductively mature. Additionally, based upon a review of
greater amberjack recreational landings from 2012 through 2013, 34
inches (86.4 cm), FL, was the most frequently landed size of greater
amberjack. The Council determined that increasing the recreational
minimum size limit from 30 inches (76 cm), FL, to 34 inches (86.4 cm),
FL, would provide an opportunity for a greater number of sexually
mature greater amberjack to spawn, which could assist in Council
efforts to end overfishing and rebuild the stock.
Other Actions Contained in the Framework Action
In addition to the measures being proposed in this rule, the
framework action would revise the greater amberjack ABC and OFL based
upon the results of SEDAR 33 and the Council's SSC recommendation. All
ABC and OFL weights are described in round weight. The current greater
amberjack ABC is 1,780,000 lb (807,394 kg) and the current OFL is
2,380,000 lb (1,079,550 kg), which were established in Amendment 35 to
the FMP (77 FR 67574, November 13, 2012). This framework action would
revise the ABC and OFL for 4 years, beginning in 2015. The ABC, which
is equal to the stock ACL would be set at 1,720,000 lb (780,179 kg).
The OFL would be set at 2,660,000 lb (1,206,556 kg) for 2015; 3,210,000
lb (1,456,032) kg) for 2016; 3,420,000 lb (1,551,286 kg) for 2017; and
3,510,000 lb (1,592,109 kg) for 2018, and subsequent years.
The framework action also contained an action to modify the greater
amberjack recreational closed season. However, the Council decided not
to revise the recreational season at this time. Therefore, the current
recreational closed season of June 1 through July 31 remains in effect.
Additional Proposed Changes to Codified Text
Amendment 30A to the FMP implemented ACLs and AMs for Gulf gray
triggerfish (73 FR 38139, July 3, 2008). The recreational AM was a
post-season AM that reduced the length of the following recreational
fishing season by the amount necessary to ensure recreational landings
did not exceed the recreational ACT the following fishing year. To
determine a reduced season, recreational landings were evaluated
relative to the recreational ACL based on a moving multi-year average
of landings. In Amendment 37 to the FMP, this post-season AM was
replaced with an in-season AM (which is based on a single season of
landings data), so the recreational sector closes when the recreational
ACT is reached or projected to be reached (78 FR 27084, May 9, 2013).
However, during the implementation of Amendment 37, the last sentence
in Sec. 622.41(b)(2)(iii), which states that ``Recreational landings
will be evaluated relative to the ACL based on a moving multi-year
average of landings, as described in the FMP,'' was not removed. NMFS
has only recently noticed this error. This rule corrects this error by
removing this sentence. The recreational ACL and ACT for gray
triggerfish implemented in Amendment 37 to the FMP remain unchanged.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator has determined that this proposed rule is
consistent with the framework action, 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.
NMFS prepared an IRFA for this rule, as required by section 603 of
the RFA, 5 U.S.C. 603. The IRFA describes the economic impact that this
proposed rule, if implemented, would have on small entities. A
description of the proposed rule, why it is being considered, and the
objectives of, and legal basis for this proposed rule are contained at
the beginning of this section in the preamble and in the SUMMARY
section of the preamble. A copy of the full analysis is available from
the NMFS (see ADDRESSES). A summary of the IRFA follows.
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, record-keeping, or
other compliance requirements are introduced by this proposed rule.
Accordingly, this rule does not implicate the Paperwork Reduction Act.
This proposed rule, if implemented, would be expected to directly
affect all commercial vessels that harvest Gulf greater amberjack under
the FMP. Changes to recreational ACLs, ACTs, and/or minimum size limits
in this proposed rule would not directly apply to or regulate charter
vessel and headboat (for-hire) businesses. Any impact to the
profitability or competitiveness of for-hire fishing businesses would
be the result of changes in for-hire angler demand and would therefore
be indirect in nature. The RFA does not consider recreational anglers,
who would be directly affected by this proposed rule, to be small
entities, so they are outside the scope of this analysis and only the
effects on commercial vessels were analyzed.
As of March 25, 2015, there were 863 vessels with valid or
renewable Gulf reef fish commercial vessel permits. On average (2009
through 2013), 211 vessels commercially landed greater amberjack each
year from Gulf Federal waters. Their average annual vessel-level
revenue for 2009 through 2013 was approximately $130,000 (2013
dollars), of which $2,400 was from greater amberjack.
No other small entities that would be directly affected by this
proposed rule have been identified.
The Small Business Administration (SBA) has established size
criteria for all major industry sectors in the U.S., including
commercial finfish harvesters (NAICS code 114111). A business primarily
involved in finfish harvesting 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 has combined annual receipts
not in excess of $20.5 million for all its affiliated operations
worldwide. All of the vessels directly regulated by this rule are
believed to be small entities based on the SBA size criteria.
Because all entities expected to be affected by this proposed rule
are small entities, NMFS has determined that this proposed rule would
affect a substantial number of small entities. Moreover, the issue of
disproportionate effects on small versus large entities does not arise
in the present case.
This proposed rule would reduce the current greater amberjack
commercial ACT by 14,260 lb (6,468 kg), round weight, from 409,000 lb
(185,519 kg) to 394,740 lb (179,051 kg), round weight, or 3.5 percent.
Additionally, this
[[Page 55824]]
proposed rule would reduce the greater amberjack commercial trip limit
from 2,000 lb (907 kg), round weight, to 1,560 lb (708 kg), round
weight; 1,500 lb (680 kg), gutted weight. On its own, the reduction in
the commercial ACT would be expected to result in a shorter fishing
season and fewer commercial trips that harvest greater amberjack.
Conversely, the reduced commercial trip limit would be expected to
increase the commercial fishing season length and the overall number of
trips necessary to harvest the full commercial ACT. When the actions to
reduce the commercial ACT and the trip limit are analyzed together, the
expected recurring annual reduction in total ex-vessel revenue from
this proposed rule is estimated to be $20,703 (2013 dollars), assuming
there is no substitution of other species and no change in effort,
harvest rates, or prices. In addition, the season is predicted to be 5
days longer under the preferred commercial ACT and trip limit
alternatives than under the no action alternatives for these actions.
Assuming the reduction in greater amberjack revenues is distributed
evenly across the average number of vessels that commercially harvest
greater amberjack per year (211 vessels), the annual per-vessel loss
would be $98 (2013 dollars), or less than 1 percent of the average
annual revenue earned by these vessels for all species harvested.
Because this estimate is based on average performance, some vessels may
be affected more or less than others, depending on their overall catch
composition, landing capacity, and fishing behavior.
Thirty vessels, on average per year (2009 through 2013), were
identified that commercially landed greater amberjack in excess of
1,500 lb (680 kg), gutted weight, on a single trip (14 percent of the
average number of vessels that harvested greater amberjack each year).
In 2013, the total weight of greater amberjack harvested in excess of
1,500 lb (680 kg), gutted weight, per trip accounted for approximately
10 percent of total greater amberjack landings. Thus, for the 211
vessels that commercially harvest greater amberjack, the proposed
reduction in the commercial trip limit, assuming effort remains
constant, would be expected to reduce total commercial greater
amberjack harvests by approximately 39,000 lb (17,690 kg), round
weight, and $46,800 (2013 dollars) in total ex-vessel revenue annually.
Averaged across the 30 vessels per year with trip harvests above 1,500
lb (680 kg), gutted weight, this reduction would equal approximately
$1,560 (2013 dollars) per vessel, or approximately 1 percent of their
average annual revenue. These losses would be reduced if increased
landings of other species can be substituted for greater amberjack
landings or if new trips harvesting greater amberjack were to occur. It
is assumed that the full commercial ACT would be harvested under the
preferred trip limit alternative. Therefore, if the trip limit change
implemented by this proposed rule results in a decrease in greater
amberjack landings and revenues for some vessels, it would result in an
increase in greater amberjack landings and revenues for other vessels.
The following discussion analyzes the alternatives that were not
selected as preferred by the Council. Only the actions which contain
alternatives that would have direct economic effects on small entities
merit inclusion in the following discussion.
Four alternatives were considered for the action to modify the
commercial and recreational ACLs and ACTs for Gulf greater amberjack.
The first alternative, the no action alternative, would not be expected
to have any direct economic effects. This alternative was not selected
because the stock ACL would exceed the ABC calculated by the most
recent greater amberjack assessment and recommended by the SSC and
would, therefore, be inconsistent with the NS 1 guidelines. The second
alternative would set the stock ACL from 2015 through 2018 equal to the
ABC values recommended by the SSC. This alternative included two sub-
options. The first sub-option would use the Council's ACL/ACT control
rule as established in the Generic ACL/AM Amendment (76 FR 82044,
December 29, 2011), which would set the commercial ACT at a level
reduced by 15 percent from the commercial ACL for greater amberjack and
set the recreational ACT at a level reduced by 13 percent from the
recreational ACL. The second sub-option would not use the ACL/ACT
control rule and instead would apply a 20-percent buffer that would
reduce both the recreational and commercial ACLs by 20 percent to
establish the recreational and commercial ACTs. This alternative would
increase the stock ACL each year from 2015 through 2018, which would be
expected to result in greater economic benefits than the preferred
alternative in the framework action. However, this alternative was not
selected as preferred by the Council as a result of the following
factors: the stock remains overfished and is undergoing overfishing,
the 10-year rebuilding plan time period ended and the stock has not
been rebuilt, and the stock biomass has been relatively stable (at
overfished levels) since 2000, while experiencing harvest levels below
what is currently projected to rebuild the stock in upcoming years. The
third alternative is the preferred alternative, which would set a
constant stock ACL equal to the 2015 ABC value recommended by the SSC.
The same two sub-options for setting the ACT that were considered for
the second alternative were also considered for the third alternative.
The first sub-option, selected as preferred by the Council, would apply
a 15-percent buffer to the commercial ACL to set the commercial ACT and
apply a 13-percent buffer to the recreational ACL to set the
recreational ACT. The second sub-option would not use the ACL/ACT
control rule and instead would apply a 20-percent buffer that would
reduce both the recreational and commercial ACLs by 20 percent to
establish the recreational and commercial ACTs. The fourth alternative
would set the stock ACL and stock ACT at zero. The fourth alternative
would stop all directed harvest of greater amberjack and would be
expected to result in greater economic losses than the preferred ACL/
ACT alternative.
Five alternatives were considered for the action to modify the
greater amberjack commercial trip limit. The first alternative, the no
action alternative, would maintain the current 2,000 lb (907 kg), round
weight, trip limit and would not be expected to have any direct
economic effects. The second alternative is the preferred alternative,
which would establish a 1,500 lb (680 kg), gutted weight, trip limit
for greater amberjack. The third, fourth, and fifth alternatives would
have established 1,000 lb (454 kg), 750 lb (340 kg), and 500 lb (227
lb), gutted weight trip limits, respectively. Although these three
alternatives would be expected to extend the season, they would
increase the likelihood that trips are no longer profitable and
decrease the likelihood that the full commercial ACT would be harvested
during the fishing year. As such, these three alternatives would be
expected to result in greater economic losses to affected small
entities than the preferred trip limit alternative.
An item contained in this proposed rule that is not part of the
framework action is the removal of the last sentence in Sec.
622.41(b)(2)(iii), ``Recreational landings will be evaluated relative
to the ACL based on a moving multi-year average of landings, as
described in the FMP.'' This sentence, which pertains to the evaluation
of recreational landings of gray triggerfish relative to the ACL, was
inadvertently not removed in the
[[Page 55825]]
final rule implementing Amendment 37 to the FMP (78 FR 27084, May 9,
2013). The removal of this sentence will clarify the criteria used to
trigger recreational AMs as written in the Federal regulations;
however, it is not expected to have any effect on current management
practices. This is because NMFS has managed gray triggerfish in
accordance with the preferred alternatives specified in Amendment 37
since its implementation. Therefore, this is an administrative change
only and is not expected to have any direct economic effects on small
entities. As such, this component of the proposed rule is outside the
scope of the RFA.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Greater amberjack, Gulf,
Recreational, Reef fish.
Dated: September 11, 2015.
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. 622.37, revise paragraph (c)(4) to read as follows:
Sec. 622.37 Size Limits.
* * * * *
(c) * * *
(4) Greater amberjack--34 inches (86.4 cm), fork length, for a fish
taken by a person subject to the bag limit specified in Sec.
622.38(b)(1) and 36 inches (91.4 cm), fork length, for a fish taken by
a person not subject to the bag limit.
* * * * *
0
3. In Sec. 622.39, revise paragraphs (a)(1)(v) and (a)(2)(ii) to read
as follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(1) * * *
(v) Greater amberjack--394,740 lb (179,051 kg), round weight.
* * * * *
(2) * * *
(ii) Recreational quota for greater amberjack. The recreational
quota for greater amberjack is 1,092,372 lb (495,492 kg), round weight.
* * * * *
0
4. In Sec. 622.41, revise paragraphs (a)(1)(iii), (a)(2)(iii), and
(b)(2)(iii) to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
(a) * * *
(1) * * *
(iii) The commercial ACL for greater amberjack is 464,400 lb
(210,648 kg), round weight.
(2) * * *
(iii) The recreational ACL for greater amberjack is 1,255,600 lb
(569,531 kg), round weight.
(b) * * *
(2) * * *
(iii) The recreational ACL for gray triggerfish is 241,200 lb
(109,406 kg), round weight. The recreational ACT for gray triggerfish
is 217,100 lb (98,475 kg), round weight.
* * * * *
0
5. In Sec. 622.43, revise paragraph (a) to read as follows:
Sec. 622.43 Commercial trip limits.
* * * * *
(a) Gulf greater amberjack. Until the quota specified in Sec.
622.39(a)(1)(v) is reached, 1,500 lb (680 kg), gutted weight; 1,560 lb
(708 kg), round weight. See Sec. 622.39(b) for the limitations
regarding greater amberjack after the quota is reached.
* * * * *
[FR Doc. 2015-23347 Filed 9-16-15; 8:45 am]
BILLING CODE 3510-22-P