Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment 4, 11166-11170 [2017-03290]
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Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Proposed Rules
received prior to recent amendments to
WTC Health Program regulations
regarding petitions for additions to the
List taking effect.11 The Petition was
evaluated pursuant to the regulations
and policies in effect at the time of its
receipt 12 and, therefore, Petition 014
was considered valid. Future such
submissions requesting the addition of
autoimmune diseases to the List and
providing the same peer-reviewed,
published, epidemiologic evidence,
however, may not be considered valid
in accordance with 42 CFR 88.16(a)(5),
as amended.
In accordance with WTC Health
Program policy, the medical basis for a
potential addition to the List may be
demonstrated by reference to a peerreviewed, published epidemiologic
study about the health condition among
9/11-exposed populations or to clinical
case reports of health conditions in
WTC responders or survivors.13 Petition
014 presented an online news article 14
announcing the online publication of a
study published by Webber et al. [2015],
entitled ‘‘Nested Case-Control Study of
Selected Systemic Autoimmune
Diseases in World Trade Center Rescue/
Recovery Workers.’’ 15 Because Webber
et al. [2015] is a peer-reviewed,
published epidemiologic study of
autoimmune diseases among 9/11exposed responders and survivors, the
petition was considered valid.
Accordingly, the Program conducted a
review of available scientific
information regarding the causal
association between 9/11 exposure and
autoimmune diseases, including
rheumatoid arthritis.
C. Review of Scientific and Medical
Information and Administrator
Determination
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A literature search conducted in
response to Petition 007 16 included all
of the autoimmune conditions in the
Evidence,’’ 81 FR 24047 (April 25, 2016); and
‘‘World Trade Center Health Program; Petition
013—Autoimmune Disease; Finding of Insufficient
Evidence,’’ 81 FR 60329 (Sept. 1, 2016).
11 See ‘‘World Trade Center Health Program;
Amendments to Definitions, Appeals, and Other
Requirements; Final Rule,’’ 81 FR 90926 (Dec. 15,
2016), effective Jan. 17, 2017.
12 See 42 CFR 88.17 (2016); see also 77 FR 24628
(Apr. 25, 2012).
13 See supra note 2.
14 Boynes-Shuck A [2015], Why Rheumatoid
Arthritis Is Plaguing 9/11 First Responders,
Healthline News, https://www.healthline.com/
health-news/why-rheumatoid-arthritis-is-plaguing9-11-first-responders-040415#1.
15 Webber M, Moir W, Zeig-Owens R, et al.
[2015], Nested Case-Control Study of Selected
Systemic Autoimmune Diseases in World Trade
Center Rescue/Recovery Workers, Arthritis
Rheumatol 67(5):1369–1376.
16 80 FR 32333 (June 8, 2015).
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2015 Webber study; the Program
conducted updates of that literature
search in response to Petition 011 and
Petition 013, looking for relevant studies
published since the date of the previous
literature search.17 In reviewing Petition
014, the Program conducted a search 18
to update the results of the previous
literature review for all of the types of
autoimmune diseases identified in the
2015 Webber et al. study.19 The Program
identified one new reference since the
publication of the Petition 013 FRN in
September 2016, a conference abstract
regarding sarcoidosis in 9/11-exposed
firefighters.20 Upon review, the abstract
was determined not to be relevant
because it is not a published
epidemiologic study in a peer-reviewed
scientific journal.
The literature review did not identify
any newly-published, relevant studies
of autoimmune diseases, including
rheumatoid arthritis, in the 9/11exposed population.21 Therefore, in
accordance with the Program policy
discussed above, the Program was
unable to further evaluate Petition 014.
D. Administrator’s Final Decision on
Whether To Propose the Addition of
Autoimmune Diseases to the List
Finding no newly-published, relevant
studies with regard to Petition 014, the
Administrator has accordingly
determined that insufficient evidence is
available to take further action at this
time, including either proposing the
addition of autoimmune diseases,
17 See 81 FR 24047 (April 25, 2016) and 81 FR
60329 (Sept. 1, 2016), respectively.
18 Databases searched include: CINAHL, Embase,
NIOSHTIC–2, ProQuest Health and Safety Science
Abstracts, PubMed, Scopus, Toxicology Abstracts,
and TOXLINE.
19 Rheumatoid arthritis; spondyloarthritis;
inflammatory myositis (polymyositis and
dermatomyositis); systemic lupus erythematosus;
systemic sclerosis (scleroderma); Sjogren’s
syndrome; antiphospholipid syndrome;
granulomatosis with polyangiitis (Wegener’s); and
eosinophilic granulomatosis with polyangiitis
(Churg-Strauss).
20 Hena K, Yip J, Jaber N, et al. [2016], Clinical
Characteristics of Sarcoidosis in World Trade
Center (WTC) Exposed Fire Department of the City
of New York (FDNY) Firefighters, Chest
150(4S):514A.
21 Two relevant studies identified in previous
FRNs, Webber et al. [2015] and Webber M, Moir W,
Crowson C, et al. [2016], Post-September 11, 2001,
Incidence of Systemic Autoimmune Diseases in
World Trade Center-Exposed Firefighters and
Emergency Medical Service Workers, Mayo Clin
Proc 2016;91(1):23–32, were reviewed in the
Petition 011 and Petition 013 FRNs and found not
to have the potential to provide a basis for a
decision on whether to propose adding
autoimmune diseases to the List. These studies are
not further discussed in this notice; discussions of
the Administrator’s findings with regard to these
studies may be found in previous notices for
Petition 011, 81 FR 24047 (April 25, 2016) and
Petition 013, 81 FR 60329 (Sept. 1, 2016).
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including rheumatoid arthritis, to the
List (pursuant to PHS Act, sec.
3312(a)(6)(B)(ii) and 42 CFR
88.16(a)(2)(ii)) or publishing a
determination not to publish a proposed
rule in the Federal Register (pursuant to
PHS Act, sec. 3312(a)(6)(B)(iii) and 42
CFR 88.16(a)(2)(iii)). The Administrator
has also determined that requesting a
recommendation from the STAC
(pursuant to PHS Act, sec.
3312(a)(6)(B)(i) and 42 CFR
88.16(a)(2)(i)) is unwarranted.
For the reasons discussed above, the
Petition 014 request to add autoimmune
diseases, including rheumatoid arthritis,
to the List of WTC-Related Health
Conditions is denied.
E. Approval To Submit Document to the
Office of the Federal Register
The Secretary, HHS, or her/his
designee, the Director, Centers for
Disease Control and Prevention (CDC)
and Administrator, Agency for Toxic
Substances and Disease Registry
(ATSDR), authorized the undersigned,
the Administrator of the WTC Health
Program, to sign and submit the
document to the Office of the Federal
Register for publication as an official
document of the WTC Health Program.
Anne Schuchat, M.D., Acting Director,
CDC, and Acting Administrator,
ATSDR, approved this document for
publication on February 9, 2017.
John Howard,
Administrator, World Trade Center Health
Program and Director, National Institute for
Occupational Safety and Health, Centers for
Disease Control and Prevention, Department
of Health and Human Services.
[FR Doc. 2017–03336 Filed 2–17–17; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 161103999–7146–01]
RIN 0648–BG43
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources in the
Gulf of Mexico and Atlantic Region;
Framework Amendment 4
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
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Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Proposed Rules
NMFS proposes to implement
management measures described in
Framework Amendment 4 to the Fishery
Management Plan for the Coastal
Migratory Pelagics Fishery of the Gulf of
Mexico and Atlantic Region (FMP) as
prepared and submitted jointly by the
Gulf of Mexico Fishery Management
Council and South Atlantic Fishery
Management Council (Councils). For the
recreational sector, this proposed rule
would establish bag and vessel limits,
and revise the minimum size limit and
accountability measures (AMs) for
Atlantic migratory group cobia (Atlantic
cobia). This proposed rule would also
establish a commercial trip limit for
Atlantic cobia. Framework Amendment
4 and this proposed rule apply to the
commercial and recreational harvest of
Atlantic cobia in the exclusive
economic zone (EEZ) from Georgia
through New York. The purpose of
Framework Amendment 4 and this
proposed rule is to slow the rate of
harvest of Atlantic cobia and reduce the
likelihood that landings will exceed the
commercial and recreational annual
catch limits (ACL), thereby triggering
the AMs and reducing harvest
opportunities.
SUMMARY:
Written comments must be
received on or before March 23, 2017.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2016–0167,’’ by either
of the following methods:
• Electronic submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal: https://
www.regulations.gov. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20160167, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Karla Gore, Southeast Regional Office,
NMFS, 263 13th Avenue South, St.
Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in required fields if you wish to
remain anonymous).
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DATES:
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Electronic copies of Framework
Amendment 4 may be obtained from the
Southeast Regional Office Web site at
https://sero.nmfs.noaa.gov/sustainable_
fisheries/gulf_sa/cmp/2016/framework_
am4/. Framework
Amendment 4 includes an
environmental assessment, a Regulatory
Flexibility Act (RFA) analysis, and a
regulatory impact review.
FOR FURTHER INFORMATION CONTACT:
Karla Gore, Southeast Regional Office,
NMFS, telephone: 727–551–5753, or
email: karla.gore@noaa.gov.
SUPPLEMENTARY INFORMATION: The
coastal migratory pelagic fishery of the
Gulf and Atlantic Regions is managed
under the FMP and includes the
management of the Gulf and Atlantic
migratory groups of king mackerel,
Spanish mackerel, and cobia. The FMP
was prepared jointly by the Councils
and is implemented through regulations
at 50 CFR part 622 under 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 prevent overfishing and
achieve, on a continuing basis, optimum
yield from federally managed fish
stocks. All weights described in this
proposed rule are in round weight.
The current recreational AM for
Atlantic cobia provides that if landings
exceed the stock ACL (commercial and
recreational ACLs combined), then
during the following fishing year, the
length of the recreational season will be
reduced by the amount necessary to
ensure recreational landings may
achieve the recreational annual catch
target (ACT) of 500,000 lb (226,796 kg)
for 2016 and subsequent fishing years),
but do not exceed the recreational ACL.
The current commercial AM for
Atlantic cobia provides that if
commercial landings reach or are
estimated to reach the commercial quota
(ACL), then the commercial sector will
be closed for the remainder of the
fishing year. The commercial quota for
Atlantic cobia is 50,000 lb (22,680 kg).
Additionally, cobia is currently
defined as a limited harvest species and
no person may possess more than two
cobia per day in or from the Gulf, MidAtlantic, or South Atlantic EEZ,
regardless of whether harvested by the
commercial or recreational sector.
In 2015, recreational landings for
Atlantic cobia exceeded the 2015
recreational ACL of 630,000 lb (285,763
kg) and the 2015 stock ACL of 690,000
lb (312,979 kg). Therefore, as a result of
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the stock ACL being exceeded in 2015,
the 2016 recreational season for Atlantic
cobia in Federal waters closed on June
20, 2016 (81 FR 12601, March 10, 2016).
Because the recreational closure
occurred during months of high
recreational effort for cobia, the early
closure had negative social and
economic impacts on recreational
anglers, charter vessel and headboat
(for-hire) businesses, for-hire clients,
and associated businesses such as tackle
shops.
The following actions in Framework
Amendment 4 and this proposed rule
are intended to slow the rate of harvest
of Atlantic cobia and reduce the
likelihood that sector landings will
exceed the sector and stock ACLs,
thereby triggering the AMs and reducing
harvest opportunities. The goal is to
provide equitable access for all
recreational participants in the
participants in the Atlantic cobia
component of the coastal migratory
pelagics fishery.
Management Measures Contained in
This Proposed Rule
For the recreational sector, this
proposed rule would establish bag and
vessel limits and revise the minimum
size limit and AMs for Atlantic cobia.
This proposed rule would also establish
a commercial trip limit for Atlantic
cobia. As a result of the proposed
recreational bag and possession limits
and the commercial trip limit, Atlantic
migratory cobia would no longer be
subject to the two fish per person per
day possession limit for limited harvest
species.
Recreational Minimum Size Limit
The current minimum size limit for
the recreational harvest of Atlantic cobia
in the EEZ is 33 inches (83.8 cm), fork
length. This proposed rule would
increase the recreational minimum size
limit for the Atlantic cobia recreational
sector to 36 inches (91.4 cm), fork
length. This modification would result
in a recreational harvest reduction in
the Atlantic, that in combination with
the proposed recreational bag and vessel
limits, would be expected slow the rate
of recreational harvest and thereby
reduce the likelihood of exceeding the
recreational and stock ACLs and thereby
triggering the AM.
Recreational Bag and Vessel Limits
This proposed rule would remove
Atlantic cobia from the limited harvest
species possession limit and would
establish a recreational bag limit of one
fish per person per day or six fish per
vessel, whichever is more restrictive.
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As explained above, the proposed
increase in the recreational minimum
size limit, and the proposed recreational
bag limit and vessel limit are expected
to slow the harvest rate and reduce the
likelihood that recreational landings
will exceed the ACL and trigger the
recreational AMs for the following
fishing year.
Recreational AMs
This proposed rule would revise the
recreational AMs for Atlantic cobia.
Currently, if the sum of commercial and
recreational landings of cobia exceed
the stock ACL, then during the
following fishing year, the length of the
recreational fishing season will be
reduced to ensure that the harvest
achieves the recreational ACT, but does
not exceed the recreational ACL. Also,
the current recreational AM uses a
moving average of the most recent 3
years of landings to compare to the ACL.
Additionally, if Atlantic cobia are
overfished, and the stock ACL is
exceeded, then during the following
fishing year the recreational ACL and
ACT would be reduced by the amount
of any recreational ACL overage.
Framework Amendment 4 would
remove the current 3-year average of
landings to compare to the ACL. NMFS
expects that using a single year of
landings to determine if an overage
occurred will better represent the
patterns and behavior of the Atlantic
cobia fishery. Cobia landings can be
variable; including very high or very
low recreational landings into a 3-year
average can result in an artificial
reduction or lengthening of the
recreational fishing season, respectively.
The proposed recreational AM would
require that if the recreational ACL and
the stock ACL are exceeded, then during
the following fishing year, recreational
landings will be monitored for a
persistence in increased landings, and,
if necessary, the Assistant Administrator
for Fisheries, NOAA (AA) will file a
notification with the Office of the
Federal Register to reduce the
recreational vessel limit, to no less than
2 fish per vessel to ensure recreational
landings achieve the recreational ACT,
but do not exceed the recreational ACL
in that fishing year. Any reduction to
the proposed recreational vessel limit
would only apply for the fishing year in
which it is implemented. Additionally,
if the reduction to the vessel limit is
insufficient to ensure that recreational
landings will not exceed the
recreational ACL, then the length of the
recreational fishing season would also
be reduced to ensure recreational
landings do not exceed the recreational
ACL in that fishing year. The
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recreational vessel limit and the length
of the recreational fishing season would
not be reduced if NMFS determines,
based on the best scientific information
available, that a recreational vessel limit
and fishing season reduction are
unnecessary.
Commercial Trip Limit
There is currently no specific
commercial trip limit for Atlantic cobia.
However, as previously discussed,
Atlantic cobia is currently a limited
harvest species and there is a possession
limit of two cobia per person per day for
both sectors. This proposed rule would
remove Atlantic cobia from the limited
harvest species possession limit and
establish a commercial trip limit for
Atlantic cobia of two fish per person per
day or six fish per vessel per day,
whichever is more restrictive.
Establishing a commercial trip limit
will reduce the rate of harvest of cobia
to help ensure the commercial and stock
ACLs are not exceeded and the AMs
triggered, resulting in a reduced season
length or reduced vessel limit for the
recreational sector and a commercial
closure as a result of exceeding the
commercial quota.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the Regional
Administrator, Southeast Region,
NMFS, has determined that this
proposed rule is consistent with
Framework Amendment 4, the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this rule, if adopted, would not
have significant economic impacts on a
substantial number of small entities.
The factual basis for this determination
is as follows:
A description of this proposed rule,
why it is being considered, 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 of this proposed rule. The
Magnuson-Stevens Act provides the
statutory basis for this proposed rule.
NMFS expects this proposed rule to
directly affect federally permitted
commercial fishermen fishing for
Atlantic cobia. Recreational anglers
fishing for Atlantic cobia would also be
directly affected by the proposed action,
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but they are not considered business
entities under the RFA. Charter vessel
and headboat operations are business
entities but they are only indirectly
affected by the proposed rule. For RFA
purposes only, 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 engaged in commercial fishing
(NAICS code 11411) is classified as a
small business if it is independently
owned and operated, is not dominant in
its field of operation (including
affiliates), and has combined annual
receipts not in excess of $11 million for
all its affiliated operations worldwide.
From 2010 through 2015, excluding
the Mid-Atlantic states, an annual
average of 98 vessels took 318
commercial trips that combined landed
an average of 13,469 lb (6,109 kg) gutted
weight of Atlantic cobia annually with
a dockside value (2014 dollars) of
$31,115. Average annual dockside
revenue from Atlantic cobia represented
approximately 3.6 percent of total
dockside revenues from trips that
landed Atlantic cobia from 2010
through 2015. For the Mid-Atlantic
states during the same time period, an
annual average of 24 vessels took 178
commercial trips that combined landed
an average of 14,732 lb (6,682 kg)
landed weight of Atlantic cobia
annually with a dockside value (2014
dollars) of $39,227. For these vessels,
per vessel revenue (2014 dollars) from
Atlantic cobia was approximately
$1,644. On average, vessels in the South
Atlantic that harvested Atlantic cobia
also took 2,338 commercial fishing trips
per year without Atlantic cobia
landings. Combining all sources of
revenues, the average annual dockside
revenues of vessels that landed Atlantic
cobia was $74,066 (2014 dollars) per
vessel. Annual dockside revenues from
Atlantic cobia landings represented, on
average, approximately 0.4 percent of
the total dockside revenues from all
commercial landings from 2010 through
2015 of vessels that landed Atlantic
cobia. On average, the crew size per trip,
including captains, of vessels in the
South Atlantic that landed Atlantic
cobia was 1.8 persons for hook and line
vessels, 2.0 persons for gillnet vessels,
and 2.4 persons for vessels using other
gear types. The overall average crew size
per trip for all vessels landing Atlantic
cobia was less than 2 persons. Similar
information on overall revenues from all
sources and crew size for vessels in the
Mid-Atlantic is not available. However,
it is expected that the crew size for
vessels in the Mid-Atlantic would be
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Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Proposed Rules
similar to that for vessels in the
Southeast because they employ similar
gear types in fishing for Atlantic cobia.
Vessels that caught and landed Atlantic
cobia may also operate in other
fisheries, such as the shellfish fisheries,
the revenues of which are not known
and are not reflected in these totals.
Based on revenue information, all
commercial vessels directly affected by
the proposed rule may be assumed to be
small entities.
Because all entities expected to be
directly affected by this proposed rule
are assumed to be small entities, NMFS
has determined that this proposed rule
would affect a substantial number of
small entities; however, the issue of
disproportionate effects on small versus
large entities does not arise in the
present case.
The proposed rule would establish a
commercial cobia trip limit of two fish
per person per day and would also
implement a limit of six fish per vessel
per day, whichever is more restrictive.
This action would affect only those
vessels with a crew of more than three
persons. Noting that the 2010 through
2015 average crew size for vessels
landing Atlantic cobia was less than two
persons per trip, it is likely that this
action would have only minor effects on
vessel revenues. It is, therefore,
expected that this proposed rule would
not have significant economic impacts
on a substantial number of small
entities.
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.
The information provided above
supports a determination that this
proposed rule would not have
significant economic impacts on a
substantial number of small entities.
Because this proposed rule, if
implemented, is not expected to have
significant economic impacts on any
small entities, an initial regulatory
flexibility analysis is not required and
none has been prepared.
List of Subjects in 50 CFR Part 622
Annual catch limits, Cobia, Fisheries,
Fishing, Gulf of Mexico, South Atlantic.
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Dated: February 14, 2017.
Alan D. Risenhoover,
Acting 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.
2. In § 622.380, revise paragraph (a) to
read as follows:
■
§ 622.380
Size limits.
*
*
*
*
*
(a) Cobia. (1) In the Gulf—33 inches
(83.8), fork length.
(2) In the Mid-Atlantic or South
Atlantic. (i) 33 inches (83.8), fork length,
for cobia that are sold (commercial
sector).
(ii) 36 inches (91.4 cm), fork length,
for cobia that are not sold (recreational
sector).
*
*
*
*
*
■ 3. In § 622.382, revise paragraph (a)
introductory text and add paragraph
(a)(1)(vi) to read as follows:
§ 622.382
Bag and possession limits.
*
*
*
*
*
(a) King mackerel, Spanish mackerel,
and Atlantic migratory group cobia—
(1) * * *
(vi) Atlantic migratory group cobia
that are not sold (recreational sector)—
1, not to exceed 6 fish per vessel per
day.
*
*
*
*
*
■ 4. In § 622.383, revise paragraph (b) to
read as follows:
§ 622.383
Limited harvest species.
*
*
*
*
*
(b) Gulf migratory group cobia. No
person may possess more than two Gulf
migratory group cobia per day in or
from the EEZ, regardless of the number
of trips or duration of a trip.
■ 5. In § 622.385, add paragraph (c) to
read as follows:
§ 622.385
Commercial trip limits.
*
*
*
*
*
(c) Cobia. (1) Atlantic migratory
group. Until the commercial ACL
specified in § 622.384(d)(2) is reached, 2
fish per person, not to exceed 6 fish per
vessel.
(2) [Reserved]
■ 6. In § 622.388, revise paragraph (f) to
read as follows:
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11169
§ 622.388 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(f) Atlantic migratory group cobia. (1)
The following ACLs and AMs apply to
cobia that are sold (commercial sector):
(i) If the sum of the cobia landings
that are sold, as estimated by the SRD,
reach or are projected to reach the quota
specified in § 622.384(d)(2) (ACL), the
AA will file a notification with the
Office of the Federal Register to prohibit
the sale and purchase of cobia for the
remainder of the fishing year;
(ii) In addition to the measures
specified in paragraph (f)(1)(i) of this
section, if the sum of the cobia landings
that are sold and not sold in or from the
Atlantic migratory group, as estimated
by the SRD, exceeds the stock ACL, as
specified in paragraph (f)(3) of this
section, and Atlantic migratory group
cobia are 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,
at or near the beginning of the following
fishing year to reduce the applicable
quota (ACL), as specified in paragraph
(f)(1)(i) of this section, for that following
year by the amount of any applicable
sector-specific ACL overage in the prior
fishing year.
(2) The following ACLs and AMs
apply to cobia that are not sold
(recreational sector). If recreational
landings for cobia, as estimated by the
SRD, exceed both the recreational ACL
of 620,000 lb (281,227 kg), and the stock
ACL, as specified paragraph (f)(3) 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 recreational vessel limit, specified in
§ 622.382(a)(1)(vi), to no less than 2 fish
per vessel to ensure recreational
landings achieve the recreational ACT,
but do not exceed the recreational ACL
in that fishing year. Any recreational
vessel limit reduction that is
implemented as described in this
paragraph is only applicable for the
fishing year in which it is implemented.
Additionally, if the reduction in the
recreational vessel limit is determined
by the AA to be insufficient to ensure
that recreational landings will not
exceed the recreational ACL, the AA
will also reduce the length of the
recreational fishing season by the
amount necessary to ensure recreational
landings do not exceed the recreational
ACL in that fishing year. The
recreational vessel limit and the length
of the recreational fishing season will
E:\FR\FM\21FEP1.SGM
21FEP1
11170
Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Proposed Rules
not be reduced if NMFS determines,
based on the best scientific information
available, that a recreational vessel limit
and fishing season reduction are
unnecessary. The recreational ACT is
500,000 lb (226,796 kg).
(3) The stock ACL for Atlantic
migratory group cobia is 670,000 lb
(303,907 kg).
[FR Doc. 2017–03290 Filed 2–17–17; 8:45 am]
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]]>Agencies
[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)]
[Proposed Rules]
[Pages 11166-11170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03290]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 161103999-7146-01]
RIN 0648-BG43
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic
Region; Framework Amendment 4
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
[[Page 11167]]
SUMMARY: NMFS proposes to implement management measures described in
Framework Amendment 4 to the Fishery Management Plan for the Coastal
Migratory Pelagics Fishery of the Gulf of Mexico and Atlantic Region
(FMP) as prepared and submitted jointly by the Gulf of Mexico Fishery
Management Council and South Atlantic Fishery Management Council
(Councils). For the recreational sector, this proposed rule would
establish bag and vessel limits, and revise the minimum size limit and
accountability measures (AMs) for Atlantic migratory group cobia
(Atlantic cobia). This proposed rule would also establish a commercial
trip limit for Atlantic cobia. Framework Amendment 4 and this proposed
rule apply to the commercial and recreational harvest of Atlantic cobia
in the exclusive economic zone (EEZ) from Georgia through New York. The
purpose of Framework Amendment 4 and this proposed rule is to slow the
rate of harvest of Atlantic cobia and reduce the likelihood that
landings will exceed the commercial and recreational annual catch
limits (ACL), thereby triggering the AMs and reducing harvest
opportunities.
DATES: Written comments must be received on or before March 23, 2017.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2016-0167,'' by either of the following methods:
Electronic submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal: https://www.regulations.gov. Go to www.regulations.gov/#!docketDetail;D=NOAA-
NMFS-2016-0167, click the ``Comment Now!'' icon, complete the required
fields, and enter or attach your comments.
Mail: Submit written comments to Karla Gore, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in required fields if you wish to remain
anonymous).
Electronic copies of Framework Amendment 4 may be obtained from the
Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/cmp/2016/framework_am4/.
Framework Amendment 4 includes an environmental assessment, a
Regulatory Flexibility Act (RFA) analysis, and a regulatory impact
review.
FOR FURTHER INFORMATION CONTACT: Karla Gore, Southeast Regional Office,
NMFS, telephone: 727-551-5753, or email: karla.gore@noaa.gov.
SUPPLEMENTARY INFORMATION: The coastal migratory pelagic fishery of the
Gulf and Atlantic Regions is managed under the FMP and includes the
management of the Gulf and Atlantic migratory groups of king mackerel,
Spanish mackerel, and cobia. The FMP was prepared jointly by the
Councils and is implemented through regulations at 50 CFR part 622
under 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 prevent overfishing and achieve, on a continuing
basis, optimum yield from federally managed fish stocks. All weights
described in this proposed rule are in round weight.
The current recreational AM for Atlantic cobia provides that if
landings exceed the stock ACL (commercial and recreational ACLs
combined), then during the following fishing year, the length of the
recreational season will be reduced by the amount necessary to ensure
recreational landings may achieve the recreational annual catch target
(ACT) of 500,000 lb (226,796 kg) for 2016 and subsequent fishing
years), but do not exceed the recreational ACL.
The current commercial AM for Atlantic cobia provides that if
commercial landings reach or are estimated to reach the commercial
quota (ACL), then the commercial sector will be closed for the
remainder of the fishing year. The commercial quota for Atlantic cobia
is 50,000 lb (22,680 kg).
Additionally, cobia is currently defined as a limited harvest
species and no person may possess more than two cobia per day in or
from the Gulf, Mid-Atlantic, or South Atlantic EEZ, regardless of
whether harvested by the commercial or recreational sector.
In 2015, recreational landings for Atlantic cobia exceeded the 2015
recreational ACL of 630,000 lb (285,763 kg) and the 2015 stock ACL of
690,000 lb (312,979 kg). Therefore, as a result of the stock ACL being
exceeded in 2015, the 2016 recreational season for Atlantic cobia in
Federal waters closed on June 20, 2016 (81 FR 12601, March 10, 2016).
Because the recreational closure occurred during months of high
recreational effort for cobia, the early closure had negative social
and economic impacts on recreational anglers, charter vessel and
headboat (for-hire) businesses, for-hire clients, and associated
businesses such as tackle shops.
The following actions in Framework Amendment 4 and this proposed
rule are intended to slow the rate of harvest of Atlantic cobia and
reduce the likelihood that sector landings will exceed the sector and
stock ACLs, thereby triggering the AMs and reducing harvest
opportunities. The goal is to provide equitable access for all
recreational participants in the participants in the Atlantic cobia
component of the coastal migratory pelagics fishery.
Management Measures Contained in This Proposed Rule
For the recreational sector, this proposed rule would establish bag
and vessel limits and revise the minimum size limit and AMs for
Atlantic cobia. This proposed rule would also establish a commercial
trip limit for Atlantic cobia. As a result of the proposed recreational
bag and possession limits and the commercial trip limit, Atlantic
migratory cobia would no longer be subject to the two fish per person
per day possession limit for limited harvest species.
Recreational Minimum Size Limit
The current minimum size limit for the recreational harvest of
Atlantic cobia in the EEZ is 33 inches (83.8 cm), fork length. This
proposed rule would increase the recreational minimum size limit for
the Atlantic cobia recreational sector to 36 inches (91.4 cm), fork
length. This modification would result in a recreational harvest
reduction in the Atlantic, that in combination with the proposed
recreational bag and vessel limits, would be expected slow the rate of
recreational harvest and thereby reduce the likelihood of exceeding the
recreational and stock ACLs and thereby triggering the AM.
Recreational Bag and Vessel Limits
This proposed rule would remove Atlantic cobia from the limited
harvest species possession limit and would establish a recreational bag
limit of one fish per person per day or six fish per vessel, whichever
is more restrictive.
[[Page 11168]]
As explained above, the proposed increase in the recreational
minimum size limit, and the proposed recreational bag limit and vessel
limit are expected to slow the harvest rate and reduce the likelihood
that recreational landings will exceed the ACL and trigger the
recreational AMs for the following fishing year.
Recreational AMs
This proposed rule would revise the recreational AMs for Atlantic
cobia. Currently, if the sum of commercial and recreational landings of
cobia exceed the stock ACL, then during the following fishing year, the
length of the recreational fishing season will be reduced to ensure
that the harvest achieves the recreational ACT, but does not exceed the
recreational ACL. Also, the current recreational AM uses a moving
average of the most recent 3 years of landings to compare to the ACL.
Additionally, if Atlantic cobia are overfished, and the stock ACL is
exceeded, then during the following fishing year the recreational ACL
and ACT would be reduced by the amount of any recreational ACL overage.
Framework Amendment 4 would remove the current 3-year average of
landings to compare to the ACL. NMFS expects that using a single year
of landings to determine if an overage occurred will better represent
the patterns and behavior of the Atlantic cobia fishery. Cobia landings
can be variable; including very high or very low recreational landings
into a 3-year average can result in an artificial reduction or
lengthening of the recreational fishing season, respectively.
The proposed recreational AM would require that if the recreational
ACL and the stock ACL are exceeded, then during the following fishing
year, recreational landings will be monitored for a persistence in
increased landings, and, if necessary, the Assistant Administrator for
Fisheries, NOAA (AA) will file a notification with the Office of the
Federal Register to reduce the recreational vessel limit, to no less
than 2 fish per vessel to ensure recreational landings achieve the
recreational ACT, but do not exceed the recreational ACL in that
fishing year. Any reduction to the proposed recreational vessel limit
would only apply for the fishing year in which it is implemented.
Additionally, if the reduction to the vessel limit is insufficient to
ensure that recreational landings will not exceed the recreational ACL,
then the length of the recreational fishing season would also be
reduced to ensure recreational landings do not exceed the recreational
ACL in that fishing year. The recreational vessel limit and the length
of the recreational fishing season would not be reduced if NMFS
determines, based on the best scientific information available, that a
recreational vessel limit and fishing season reduction are unnecessary.
Commercial Trip Limit
There is currently no specific commercial trip limit for Atlantic
cobia. However, as previously discussed, Atlantic cobia is currently a
limited harvest species and there is a possession limit of two cobia
per person per day for both sectors. This proposed rule would remove
Atlantic cobia from the limited harvest species possession limit and
establish a commercial trip limit for Atlantic cobia of two fish per
person per day or six fish per vessel per day, whichever is more
restrictive.
Establishing a commercial trip limit will reduce the rate of
harvest of cobia to help ensure the commercial and stock ACLs are not
exceeded and the AMs triggered, resulting in a reduced season length or
reduced vessel limit for the recreational sector and a commercial
closure as a result of exceeding the commercial quota.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Regional Administrator, Southeast Region, NMFS, has determined that
this proposed rule is consistent with Framework Amendment 4, the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this rule, if adopted, would not have
significant economic impacts on a substantial number of small entities.
The factual basis for this determination is as follows:
A description of this proposed rule, why it is being considered,
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 of this proposed rule. The Magnuson-Stevens Act
provides the statutory basis for this proposed rule.
NMFS expects this proposed rule to directly affect federally
permitted commercial fishermen fishing for Atlantic cobia. Recreational
anglers fishing for Atlantic cobia would also be directly affected by
the proposed action, but they are not considered business entities
under the RFA. Charter vessel and headboat operations are business
entities but they are only indirectly affected by the proposed rule.
For RFA purposes only, 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
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including affiliates), and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide.
From 2010 through 2015, excluding the Mid-Atlantic states, an
annual average of 98 vessels took 318 commercial trips that combined
landed an average of 13,469 lb (6,109 kg) gutted weight of Atlantic
cobia annually with a dockside value (2014 dollars) of $31,115. Average
annual dockside revenue from Atlantic cobia represented approximately
3.6 percent of total dockside revenues from trips that landed Atlantic
cobia from 2010 through 2015. For the Mid-Atlantic states during the
same time period, an annual average of 24 vessels took 178 commercial
trips that combined landed an average of 14,732 lb (6,682 kg) landed
weight of Atlantic cobia annually with a dockside value (2014 dollars)
of $39,227. For these vessels, per vessel revenue (2014 dollars) from
Atlantic cobia was approximately $1,644. On average, vessels in the
South Atlantic that harvested Atlantic cobia also took 2,338 commercial
fishing trips per year without Atlantic cobia landings. Combining all
sources of revenues, the average annual dockside revenues of vessels
that landed Atlantic cobia was $74,066 (2014 dollars) per vessel.
Annual dockside revenues from Atlantic cobia landings represented, on
average, approximately 0.4 percent of the total dockside revenues from
all commercial landings from 2010 through 2015 of vessels that landed
Atlantic cobia. On average, the crew size per trip, including captains,
of vessels in the South Atlantic that landed Atlantic cobia was 1.8
persons for hook and line vessels, 2.0 persons for gillnet vessels, and
2.4 persons for vessels using other gear types. The overall average
crew size per trip for all vessels landing Atlantic cobia was less than
2 persons. Similar information on overall revenues from all sources and
crew size for vessels in the Mid-Atlantic is not available. However, it
is expected that the crew size for vessels in the Mid-Atlantic would be
[[Page 11169]]
similar to that for vessels in the Southeast because they employ
similar gear types in fishing for Atlantic cobia. Vessels that caught
and landed Atlantic cobia may also operate in other fisheries, such as
the shellfish fisheries, the revenues of which are not known and are
not reflected in these totals. Based on revenue information, all
commercial vessels directly affected by the proposed rule may be
assumed to be small entities.
Because all entities expected to be directly affected by this
proposed rule are assumed to be small entities, NMFS has determined
that this proposed rule would affect a substantial number of small
entities; however, the issue of disproportionate effects on small
versus large entities does not arise in the present case.
The proposed rule would establish a commercial cobia trip limit of
two fish per person per day and would also implement a limit of six
fish per vessel per day, whichever is more restrictive. This action
would affect only those vessels with a crew of more than three persons.
Noting that the 2010 through 2015 average crew size for vessels landing
Atlantic cobia was less than two persons per trip, it is likely that
this action would have only minor effects on vessel revenues. It is,
therefore, expected that this proposed rule would not have significant
economic impacts on a substantial number of small entities.
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.
The information provided above supports a determination that this
proposed rule would not have significant economic impacts on a
substantial number of small entities. Because this proposed rule, if
implemented, is not expected to have significant economic impacts on
any small entities, an initial regulatory flexibility analysis is not
required and none has been prepared.
List of Subjects in 50 CFR Part 622
Annual catch limits, Cobia, Fisheries, Fishing, Gulf of Mexico,
South Atlantic.
Dated: February 14, 2017.
Alan D. Risenhoover,
Acting 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. 622.380, revise paragraph (a) to read as follows:
Sec. 622.380 Size limits.
* * * * *
(a) Cobia. (1) In the Gulf--33 inches (83.8), fork length.
(2) In the Mid-Atlantic or South Atlantic. (i) 33 inches (83.8),
fork length, for cobia that are sold (commercial sector).
(ii) 36 inches (91.4 cm), fork length, for cobia that are not sold
(recreational sector).
* * * * *
0
3. In Sec. 622.382, revise paragraph (a) introductory text and add
paragraph (a)(1)(vi) to read as follows:
Sec. 622.382 Bag and possession limits.
* * * * *
(a) King mackerel, Spanish mackerel, and Atlantic migratory group
cobia--
(1) * * *
(vi) Atlantic migratory group cobia that are not sold (recreational
sector)--1, not to exceed 6 fish per vessel per day.
* * * * *
0
4. In Sec. 622.383, revise paragraph (b) to read as follows:
Sec. 622.383 Limited harvest species.
* * * * *
(b) Gulf migratory group cobia. No person may possess more than two
Gulf migratory group cobia per day in or from the EEZ, regardless of
the number of trips or duration of a trip.
0
5. In Sec. 622.385, add paragraph (c) to read as follows:
Sec. 622.385 Commercial trip limits.
* * * * *
(c) Cobia. (1) Atlantic migratory group. Until the commercial ACL
specified in Sec. 622.384(d)(2) is reached, 2 fish per person, not to
exceed 6 fish per vessel.
(2) [Reserved]
0
6. In Sec. 622.388, revise paragraph (f) to read as follows:
Sec. 622.388 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(f) Atlantic migratory group cobia. (1) The following ACLs and AMs
apply to cobia that are sold (commercial sector):
(i) If the sum of the cobia landings that are sold, as estimated by
the SRD, reach or are projected to reach the quota specified in Sec.
622.384(d)(2) (ACL), the AA will file a notification with the Office of
the Federal Register to prohibit the sale and purchase of cobia for the
remainder of the fishing year;
(ii) In addition to the measures specified in paragraph (f)(1)(i)
of this section, if the sum of the cobia landings that are sold and not
sold in or from the Atlantic migratory group, as estimated by the SRD,
exceeds the stock ACL, as specified in paragraph (f)(3) of this
section, and Atlantic migratory group cobia are 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, at or
near the beginning of the following fishing year to reduce the
applicable quota (ACL), as specified in paragraph (f)(1)(i) of this
section, for that following year by the amount of any applicable
sector-specific ACL overage in the prior fishing year.
(2) The following ACLs and AMs apply to cobia that are not sold
(recreational sector). If recreational landings for cobia, as estimated
by the SRD, exceed both the recreational ACL of 620,000 lb (281,227
kg), and the stock ACL, as specified paragraph (f)(3) 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 recreational vessel limit, specified in Sec.
622.382(a)(1)(vi), to no less than 2 fish per vessel to ensure
recreational landings achieve the recreational ACT, but do not exceed
the recreational ACL in that fishing year. Any recreational vessel
limit reduction that is implemented as described in this paragraph is
only applicable for the fishing year in which it is implemented.
Additionally, if the reduction in the recreational vessel limit is
determined by the AA to be insufficient to ensure that recreational
landings will not exceed the recreational ACL, the AA will also reduce
the length of the recreational fishing season by the amount necessary
to ensure recreational landings do not exceed the recreational ACL in
that fishing year. The recreational vessel limit and the length of the
recreational fishing season will
[[Page 11170]]
not be reduced if NMFS determines, based on the best scientific
information available, that a recreational vessel limit and fishing
season reduction are unnecessary. The recreational ACT is 500,000 lb
(226,796 kg).
(3) The stock ACL for Atlantic migratory group cobia is 670,000 lb
(303,907 kg).
[FR Doc. 2017-03290 Filed 2-17-17; 8:45 am]
BILLING CODE 3510-22-P
