Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 37, 34584-34596 [2017-15588]
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Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 160906822–7547–02]
RIN 0648–BG33
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic
Region; Amendment 37
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS implements
management measures described in
Amendment 37 to the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (Amendment 37), as prepared
and submitted by the South Atlantic
Fishery Management Council (South
Atlantic Council). This final rule
modifies the fishery management unit
(FMU) boundaries for hogfish in the
South Atlantic by establishing two
hogfish stocks, a Georgia through North
Carolina (GA/NC) stock and a Florida
Keys/East Florida (FLK/EFL) stock;
establishes a rebuilding plan for the
FLK/EFL hogfish stock; specifies fishing
levels and accountability measures
(AMs), and modifies or establishes
management measures for the GA/NC
and FLK/EFL stocks of hogfish. The
purpose of this final rule is to manage
hogfish using the best scientific
information available while ending
overfishing and rebuilding the FLK/EFL
hogfish stock.
DATES: This final rule is effective August
24, 2017.
ADDRESSES: Electronic copies of
Amendment 37 may be obtained from
www.regulations.gov or from the SERO
Web site at http://sero.nmfs.noaa.gov.
Amendment 37 includes a final
environmental impact statement (EIS), a
Regulatory Flexibility Act (RFA)
analysis, regulatory impact review, and
fishery impact statement.
FOR FURTHER INFORMATION CONTACT:
Nikhil Mehta, NMFS SERO, telephone:
727–824–5305, email: nikhil.mehta@
noaa.gov.
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SUMMARY:
The
snapper-grouper fishery in the South
Atlantic includes hogfish and is
managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
SUPPLEMENTARY INFORMATION:
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Region (FMP). The FMP was prepared
by the South Atlantic Council and is
implemented by NMFS through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
On July 31, 2015, NMFS published a
notice of intent to prepare a draft EIS for
Amendment 37 and requested public
comment (80 FR 45641). On June 17,
2016, the notice of availability for the
draft EIS was published and public
comment was also requested (81 FR
39639). The notice of availability for the
final EIS for Amendment 37 published
on October 28, 2016 (81 FR 75053). On
October 7, 2016, NMFS published a
Magnuson-Stevens Act notice of
availability for Amendment 37 and
requested public comment (81 FR
69774). On December 16, 2016, NMFS
published a proposed rule for
Amendment 37 and requested public
comment (81 FR 91104). On December
28, 2016, the Secretary of Commerce
(Secretary) approved Amendment 37
under section 304(a)(3) of the
Magnuson-Stevens Act. The proposed
rule and Amendment 37 outline the
rationale for the actions contained in
this final rule. A summary of the
management measures described in
Amendment 37 and implemented by
this final rule is provided below.
Management Measures Contained in
This Final Rule
This final rule revises the hogfish
FMU in the FMP by establishing two
hogfish stocks, one in Federal waters off
Georgia through North Carolina and one
in Federal waters in the area off the
Florida Keys and east Florida; specifies
annual catch limits (ACLs) and AMs;
and modifies or establishes management
measures for the GA/NC and FLK/EFL
stocks of hogfish. All weights of hogfish
are described in round weight.
FMU for Hogfish
Hogfish is managed in Federal waters
in the South Atlantic region from the
jurisdictional boundary between the
South Atlantic Council and Gulf of
Mexico Fishery Management Council
(Gulf Council) (approximately the
Florida Keys) to the North Carolina and
Virginia state border. This final rule
creates two stocks of hogfish in Federal
waters and establishes new stock
boundaries under the jurisdiction of the
South Atlantic Council under the FMP.
The first stock is the GA/NC hogfish
stock, with a southern boundary
extending east from the Florida and
Georgia state border to the seaward
boundary of the EEZ. The GA/NC
stock’s management area then extends
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northward to a line extending east from
the North Carolina and Virginia state
border to the seaward boundary of the
EEZ. The second stock is the FLK/EFL
hogfish stock, with a southern boundary
at the 25°09′ N. lat. line off the west
coast of Florida, which is near Cape
Sable. The FLK/EFL stock’s
management area extends south of
25°09′ N. lat. off the west coast of
Florida, then east around South Florida,
and then north off the east coast of
Florida to a line extending east from the
Florida and Georgia state border to the
seaward boundary of the EEZ.
In accordance with section 304(f) of
the Magnuson-Stevens Act, the Gulf
Council requested that the Secretary
designate the South Atlantic Council as
the responsible Council for management
of the FLK/EFL hogfish stock in Gulf of
Mexico (Gulf) Federal waters south of
25°09′ N. lat. off the west coast of
Florida. The Gulf Council approved
Amendment 43 to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico
(Amendment 43), and selected the same
boundary at the 25°09′ N. lat. line off the
west coast of Florida, which is near
Cape Sable, to separate the FLK/EFL
hogfish stock from the hogfish stock
managed under the Gulf Council’s Reef
Fish FMP (West Florida hogfish stock).
On November 23, 2016, NMFS
published a proposed rule in the
Federal Register to implement
Amendment 43 (81 FR 84538). The
Secretary approved Amendment 43 on
February 2, 2017, under section
304(a)(3) of the Magnuson-Stevens Act
and also approved the Gulf Council’s
request for the revised boundary under
section 304(f) of the Magnuson-Stevens
Act. A final rule to implement
Amendment 43 published on the same
date as this final rule. Therefore,
through this final rule, the South
Atlantic Council establishes the
management measures for the FLK/EFL
hogfish stock, including in Gulf Federal
waters south of 25°09′ N. lat. off the
west coast of Florida. Those commercial
vessels and recreational charter vessels
and headboats (for-hire) fishing for
hogfish anywhere in Gulf Federal
waters, i.e., north and west of the
jurisdictional boundary between the
Gulf and South Atlantic Councils
(approximately at the Florida Keys), as
defined at 50 CFR 600.105(c), are still
required to have the appropriate Federal
Gulf reef fish permits, and vessels
fishing for hogfish in South Atlantic
Federal waters, i.e., south and east of the
jurisdictional boundary, are still
required to have the appropriate Federal
South Atlantic snapper-grouper permits.
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All Federal permit holders are still
required to follow the sale and reporting
requirements associated with the
respective permits. Private recreational
anglers must also follow applicable
management measures implemented by
this final rule for FLK/EFL hogfish in
Gulf Federal waters south of 25°09′ N.
lat. off the west coast of Florida.
As described in Amendment 37, the
revised stock boundary at the 25°09′ N.
lat. line off the west coast of Florida will
aid law enforcement personnel because
it coincides with an existing State of
Florida management boundary for
certain state-managed species and will
simplify regulations across adjacent
state and Federal management
jurisdictions.
ACLs and Optimum Yield for the GA/
NC and FLK/EFL Hogfish Stocks
Because the most recent hogfish stock
assessment, completed in 2014 through
the Southeast Data, Assessment, and
Review process (SEDAR 37), was not
deemed sufficient to specify an
acceptable biological catch (ABC)
recommendation for the GA/NC stock of
hogfish, the South Atlantic Council’s
Scientific and Statistical Committee
(SSC) applied Level 4 of the South
Atlantic Council’s ABC control rule to
arrive at their ABC recommendation for
this stock. Level 4 is appropriate for
unassessed stocks with only reliable
catch data. Amendment 29 to the
Snapper-Grouper FMP updated the
South Atlantic Council’s ABC control
rule, including Level 4 for unassessed
stocks (80 FR 30947, June 1, 2015). For
the GA/NC hogfish stock, this final rule
and Amendment 37 specify an ABC of
35,716 lb (16,201 kg), a total ACL and
optimum yield (OY) (equal to 95 percent
of the ABC) of 33,930 lb (15,390 kg), and
commercial and recreational ACLs
based on re-calculated sector allocations
of 69.13 percent to the commercial
sector and 30.87 percent to the
recreational sector. Establishment of the
new GA/NC stock required recalculation of the sector allocations
based on the existing formula from the
South Atlantic Council’s
Comprehensive ACL Amendment (77
FR 15916, March 16, 2012), to reflect the
appropriate landings for each sector
from the relevant geographic region.
Through this final rule, the commercial
ACL is set at 23,456 lb (10,639 kg) and
the recreational ACL is set at 988 fish.
For the GA/NC stock of hogfish, the
South Atlantic Council decided to
specify the ABC, total ACL, and
commercial ACL in pounds and the
recreational ACL in numbers of fish.
The SSC considered the SEDAR 37
results sufficient to provide an ABC
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recommendation for the FLK/EFL stock
of hogfish, and the South Atlantic
Council concurred with their
recommendation. The ABC for the FLK/
EFL stock is derived from projections in
SEDAR 37, and the projections were
provided in both pounds and numbers
of fish. The South Atlantic Council
determined that for the FLK/EFL stock
of hogfish, it was more appropriate to
specify the ABC, OY, total ACL, and
recreational ACL in numbers of fish,
and the commercial ACL in pounds
(since recreational landings are tracked
in numbers of fish and commercial
landings are tracked in pounds).
Therefore, Amendment 37 specifies an
ABC of 17,930 fish for this stock, with
annual increases through 2027 when the
ABC is 63,295 fish. The OY and total
ACL are equal to 95 percent of the ABC.
The commercial and recreational ACLs
are based on re-calculated sector
allocations of 9.63 percent to the
commercial sector and 90.37 percent to
the recreational sector. As discussed
above, the re-calculated sector
allocations are based on the South
Atlantic Council’s existing allocation
formula and are necessary to reflect the
appropriate landings for each sector
from the relevant geographic region of
the new stock. For 2017, the total ACL
(and OY) is 17,034 fish, the commercial
ACL is 3,510 lb (1,592 kg) (which would
be 1,345 fish), and the recreational ACL
is 15,689 fish. Each of these ACLs
increase annually through 2027 as the
stock rebuilds. In 2027, the total ACL
(and OY) for the FLK/EFL hogfish stock
is 60,130 fish, the commercial ACL is
17,018 lb (7,719 kg) (which would be
6,520 fish), and the recreational ACL is
53,610 fish.
When possible, the South Atlantic
Council prefers specifying the
recreational ACL in numbers of fish and
the commercial ACL in pounds. Their
rationale is that recreational landings
are already tracked in numbers of fish
while commercial landings are tracked
in pounds. Because Amendment 37 and
this final rule also increase the
minimum size limits for the GA/NC and
FLK/EFL hogfish stocks, specifying
certain catch levels in pounds could
potentially increase the risk of
exceeding the ABCs for the hogfish
stocks because larger fish are heavier.
Therefore, the South Atlantic Council
determined that there would be a lower
risk of exceeding the recreational ACLs
due to an increase in the minimum size
limits if certain catch levels, such as
ABC and recreational ACL, were
specified in numbers of fish. For the
GA–NC stock of hogfish, the
recreational ACL was converted from
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pounds to numbers of fish using an
average recreational weight of 10.6 lb (5
kg) per fish in round weight. Appendix
N to Amendment 37 includes a detailed
account of the methodology used to
specify the recreational ACL for the
FLK/EFL stock of hogfish in numbers of
fish.
AMs for the Commercial and
Recreational Sectors for Both the GA/
NC and FLK/EFL Hogfish Stocks
This final rule retains the existing inseason and post-season AMs applicable
for the single South Atlantic-wide
hogfish stock for the commercial sector
and applies them to both the GA/NC
and FLK/EFL hogfish stocks. The
commercial AMs for the GA/NC and
FLK/EFL hogfish stocks consist of an inseason closure of the commercial sector
if the applicable commercial ACL is met
or is projected to be met. If a
commercial ACL is exceeded, a postseason AM would reduce the
commercial ACL for the applicable
hogfish stock by the amount of the
commercial ACL overage during the
following fishing year if the total ACL
(commercial ACL plus recreational
ACL) is also exceeded and the
applicable hogfish stock is overfished.
This final rule also retains the existing
recreational AMs applicable for the
single South Atlantic-wide hogfish stock
and applies them to both the GA/NC
and FLK/EFL hogfish stocks. The
recreational AMs for the GA/NC and
FLK/EFL hogfish stocks consist of an inseason closure of the recreational sector
if the applicable recreational ACL is met
or is projected to be met. If a
recreational ACL is exceeded, then
during the following fishing year, NMFS
will monitor for continued increased
landings of the applicable hogfish stock.
If necessary, NMFS will reduce the
length of the recreational season and the
recreational ACL for the applicable
hogfish stock by the amount of the
recreational ACL overage if the total
ACL is also exceeded and the applicable
hogfish stock is overfished.
Minimum Size Limits for the GA/NC
and FLK/EFL Hogfish Stocks
For both the commercial and
recreational sectors, this final rule
increases the minimum size limit to 17
inches (43.2 cm), FL, for the GA/NC
hogfish stock, and 16 inches (40.6 cm),
FL, for the FLK/EFL hogfish stock. The
South Atlantic Council determined
these minimum size limits serve as a
precautionary approach to address
population stability for hogfish off
Georgia through North Carolina, and
reduce disruption to spawning, avoid
recruitment overfishing, and benefit the
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spawning populations off the Florida
Keys and east Florida.
Commercial Trip Limit for the GA/NC
and FLK/EFL Hogfish Stocks
This final rule establishes commercial
trip limits of 500 lb (227 kg) for the GA/
NC stock, and 25 lb (11 kg) for the FLK/
EFL stock. The South Atlantic Council
recommended a 500-lb (227-kg)
commercial trip limit for the GA/NC
stock to enable commercial harvest in
that geographic area to take place yearround. Furthermore, as described in
Amendment 37, the majority of
commercial fishermen landed 25 lb (11
kg) or less of hogfish per trip in the area
off the Florida Keys and east Florida
area. The South Atlantic Council
determined that implementing a
commercial trip limit of 25 lb (11 kg) for
the FLK/EFL hogfish stock would
restrict some harvest and help to
prevent a commercial in-season closure.
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Recreational Bag Limits for the GA/NC
and FLK/EFL Hogfish Stocks
This final rule establishes a
recreational bag limit for each person of
one fish per day in Federal waters for
the FLK/EFL hogfish stock, and a
recreational bag limit for each person of
two fish per day in Federal waters for
the GA/NC hogfish stock. The South
Atlantic Council determined that these
bag limits would reduce harvest and
help to prevent a recreational in-season
closure.
Recreational Fishing Season for the
FLK/EFL Hogfish Stock
This final rule establishes a
recreational fishing season from May
through October for the FLK/EFL
hogfish stock, with recreational harvest
prohibited from January through April
and from November through December
during each fishing year. As described
in Amendment 37, hogfish spawning
activity occurs predominantly during
the months of December through April.
Analysis in Amendment 37 showed
that, in combination with the
recreational ACLs, minimum size limit,
and recreational bag limit implemented
through this final rule, a 6-month
recreational fishing season would help
to maintain recreational landings within
the recreational ACL for the FLK/EFL
hogfish stock. The South Atlantic
Council determined that specifying a
May through October fishing season
would protect the overfished FLK/EFL
hogfish stock during the peak spawning
season, and the ACLs and AMs in this
final rule will help ensure overfishing
does not occur. The South Atlantic
Council decided not to establish a
recreational fishing season for the GA/
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NC hogfish stock because that stock
does not seem to be experiencing heavy
fishing pressure, and the average
recreational landings in recent years
have been well below the recreational
ACL established by this final rule.
Management Measures Contained in
Amendment 37 but Not Codified
Through This Final Rule
In addition to the management
measures that this final rule
implements, Amendment 37 includes
actions to specify fishing levels and
recreational annual catch targets (ACTs)
for the GA/NC and FLK/EFL hogfish
stocks, and establish a rebuilding plan
for the FLK/EFL hogfish stock.
Maximum Sustainable Yield and
Minimum Stock Size Threshold for the
GA/NC and FLK/EFL Hogfish Stocks
Amendment 37 specifies the
maximum sustainable yield (MSY) for
the GA/NC and FLK/EFL stocks of
hogfish as equal to the yield produced
by the fishing mortality rate at MSY
(FMSY) or the FMSY proxy, with the MSY
and FMSY proxy recommended by the
most recent stock assessment. Based on
SEDAR 37, the resulting MSY for the
FLK/EFL hogfish stock is 346,095 lb
(156,986 kg) (which would be 108,264
fish), and is unknown for the GA/NC
hogfish stock. Amendment 37 specifies
the minimum stock size threshold
(MSST) for these two stocks of hogfish
at 75 percent of spawning stock biomass
at MSY (SSBMSY), which results in an
unknown MSST value for the GA/NC
hogfish stock, and an MSST for the
FLK/EFL hogfish stock of 1,725,293 lb
(782,580 kg).
Recreational ACTs for the GA/NC and
FLK/EFL Hogfish Stocks
Amendment 37 specifies a
recreational ACT (equal to 85 percent of
the recreational ACL) of 840 fish for the
GA/NC stock and 13,335 fish for the
FLK/EFL stock in 2017. The recreational
ACT for the FLK/EFL stock increases
annually from 2017 through 2027 as the
stock rebuilds. NMFS notes that the
recreational ACTs are used only for
monitoring and do not trigger an AM.
Rebuilding Plan for the FLK/EFL
Hogfish Stock
Because the FLK/EFL hogfish stock is
overfished, Amendment 37 establishes a
rebuilding plan that sets the ABC equal
to the yield at a constant fishing
mortality rate and rebuilds the stock in
10 years with a 72.5 percent probability
of success. Year 1 of the rebuilding plan
is 2017 and 2027 is the last year. The
South Atlantic Council’s SSC indicated
that harvest levels recommended in the
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Amendment 37 rebuilding plan are
sustainable and would achieve the goal
of rebuilding the FLK/EFL hogfish
stock. The ABC for the FLK/EFL hogfish
stock is 17,930 fish in 2017 and
increases annually through 2027, when
the ABC is 63,295 fish.
Comments and Responses
A total of 33 comments were received
on the notice of availability and
proposed rule for Amendment 37 from
individuals, and commercial, private
recreational, and for-hire (charter)
recreational fishing entities. The
majority of comments were in general
opposition to the large number of
actions in Amendment 37, but most
comments supported the need for some
protection of hogfish, especially in the
Florida Keys. The majority of comments
supporting additional protection for
hogfish were in favor of the increase in
the minimum size limits for the FLK/
EFL stock, but opposed the reduction in
the recreational bag limits and
recreational fishing season for the FLK/
EFL stock. Comments that specifically
relate to the actions contained in
Amendment 37 and the proposed rule,
as well as NMFS’ respective responses,
are summarized below.
Comment 1: NMFS should not modify
the snapper-grouper FMU to create
separate stocks of hogfish as proposed
in Amendment 37. The regulations
proposed by the Gulf Council in
Amendment 43 and the proposal by the
State of Florida to pass compatible
regulations in state waters conflict with
Amendment 37. Inconsistent rules for
different regions create confusion, lead
to costly government administration,
and makes compliance difficult.
Response: The South Atlantic Council
determined that based on the most
recent stock assessment for hogfish, it is
appropriate to manage these two stocks
of hogfish separately, and NMFS agrees.
The most recent stock assessment was
completed in 2014 (SEDAR 37), and
identified two separate stocks of hogfish
in the South Atlantic region, and one
stock of hogfish in the Gulf (West
Florida hogfish stock). Within the South
Atlantic region, one stock of hogfish was
identified to exist off North Carolina,
South Carolina, and Georgia (GA/NC
stock); and a separate stock of hogfish
was identified to exist off the Florida
Keys and east Florida (FLK/EFL stock).
Therefore, the final rule for Amendment
37 modifies the snapper-grouper FMU
for hogfish into two stocks in the South
Atlantic region (GA/NC and FLK/EFL)
based on the best scientific information
available.
NMFS disagrees that the regulations
specific to the FLK/EFL stock boundary
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in Amendment 37 conflict with the
stock boundary in Amendment 43 or
with the State of Florida’s proposed
changes to their regulations. The Gulf
Council approved Amendment 43,
which has the same boundary as the
South Atlantic Council’s Amendment
37 to separate the FLK/EFL hogfish
stock from the West Florida hogfish
stock. Both Amendment 37 and
Amendment 43 have been approved by
the Secretary, and the Gulf Council will
continue to manage hogfish in Federal
waters north of 25°09′ N. lat. off the
west coast of Florida. The South
Atlantic Council will establish the
management measures for the FLK/EFL
hogfish stock, including in Gulf Federal
waters south of 25°09′ N. lat. (near Cape
Sable, Florida). This new boundary will
avoid confusion for the public, and will
aid law enforcement and fishermen by
making regulations for hogfish
consistent off the entire Florida Keys
and east coast of Florida.
While some management measures for
hogfish in Amendment 43 will be
different when compared with those in
Amendment 37, the two FMPs concern
separate stocks of hogfish, and NMFS
disagrees that the management measures
in Amendment 37 conflict with the
management measures recently
approved by the Florida Fish and
Wildlife Conservation Commission
(FWC). In November 2016, the Florida
FWC approved regulations compatible
with certain management measures in
Amendment 43 and Amendment 37 for
minimum size limits and recreational
bag limits for hogfish in Florida state
waters of the Gulf of Mexico and South
Atlantic. These state regulations are
identical to the minimum size limits
and recreational bag limits implemented
by the final rules for Amendment 43
and Amendment 37. The Florida FWC
also approved a recreational fishing
season in state waters adjacent to the
FLK/EFL FMU; this recreational fishing
season in state waters is identical to the
recreational fishing season specified in
Amendment 37 and in this final rule.
The Florida FWC intends to file a notice
of intent to adopt Federal regulations for
hogfish in its state waters of the Gulf
and South Atlantic when the final rules
to implement Amendment 43 and
Amendment 37 publish in the Federal
Register. Therefore, consistent
regulations will apply for hogfish in
state and Federal waters off Florida in
the respective stock areas. Also, see the
response to Comment 2, below,
regarding management measures for
hogfish in the Gulf and South Atlantic
regions.
Comment 2: Modifying the snappergrouper FMU for hogfish at the 25°09′ N.
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lat. line off the west coast of Florida in
the Gulf will create inconsistent
regulations for commercial trip limits on
either side of this demarcation. This
action will also adversely affect fishers
who do not have Federal commercial
permits for both South Atlantic snappergrouper and Gulf reef fish.
Response: NMFS agrees that
commercial management measures
differ depending on whether hogfish are
harvested north or south of 25°09′ N. lat.
off the west coast of Florida, as no
commercial trip limit applies north of
that point in the Gulf. SEDAR 37
determined that the West Florida
hogfish stock is neither overfished, nor
undergoing overfishing, and the Gulf
Council did not select a commercial trip
limit for that stock. However, SEDAR 37
concluded that the FLK/EFL stock is
overfished and undergoing overfishing.
Therefore, the South Atlantic Council
determined that a commercial trip limit
was needed to help end overfishing and
rebuild this stock. The South Atlantic
Council determined that implementing
a commercial trip limit of 25 lb (11 kg)
for the FLK/EFL hogfish stock would
restrict some harvest to assist in
rebuilding this stock and help to
lengthen the commercial season under
the reduced commercial ACL.
NMFS disagrees that this final rule
will adversely affect fishers not holding
both commercial fishing permits. As
discussed above, this final rule modifies
the snapper-grouper FMU for hogfish
and implements consistent regulations
across adjacent state and Federal
management jurisdictions in the
respective stock areas, helps avoid
confusion among the public, and assists
law enforcement. However, this final
rule will not modify the existing Federal
commercial permit requirements.
Vessels fishing for hogfish in Gulf
Federal waters, as defined at 50 CFR
600.105(c), will still be required to have
the appropriate Federal Gulf reef fish
permits, including when fishing for the
FLK/EFL stock managed by the South
Atlantic Council between the Councils’
jurisdictional boundary and the 25°09′
N. lat. line off the west coast of Florida.
Conversely, vessels fishing for hogfish
in South Atlantic Federal waters will
still be required to have the appropriate
Federal South Atlantic snapper-grouper
permits. Federal permit holders will
continue to be required to follow the
existing sale and logbook reporting
requirements associated with the
respective permits. NMFS recognizes
that maintaining existing permitting
requirements minimizes confusion and
avoids unnecessarily burdening those
fishing for hogfish under Federal
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34587
permits, while still meeting both
Councils’ management needs.
Comment 3: NMFS should increase
the minimum size limit of hogfish to 14
or 15 inches (35.6 and 38.1 cm), fork
length (FL), but not to 16 inches (40.6
cm), FL, for the FLK/EFL stock of
hogfish. Increasing the minimum size
limit to 16 inches (40.6 cm), FL, will
result in an increase in discards and
discard mortality related to barotrauma,
especially when hogfish are harvested
from deep water.
Response: As discussed in
Amendment 37, the biological benefits
to the FLK/EFL hogfish stock are greater
with the larger minimum size limit of 16
inches (40.6 cm), FL, compared with 14
or 15 inches (35.6 and 38.1 cm), FL. The
minimum size limit of 16 inches (40.6
cm), FL, is comparatively less disruptive
to spawning aggregations and helps to
rebuild the FLK/EFL hogfish stock.
Hogfish begin life as females and
eventually become male if they reach an
older age, depending on their
environmental conditions. Hogfish also
form harems; one male will spawn with
several females during spawning
seasons that last for months. The
number and gender of hogfish in a
group influences the size and age range
at which sexual transition occurs.
Removal of the dominant male has the
potential to significantly affect harem
stability and decrease reproductive
potential. Larger minimum size limits
provide hogfish more opportunities to
form harems and transition from
females to males, and the South Atlantic
Council determined 16 inches (40.6 cm),
FL, is the appropriate minimum size
limit for this stock of hogfish. In
addition, while NMFS agrees that
barotrauma may result in the mortality
of fish when brought up to the surface
from deep water, bycatch and discards
would not be expected to increase
substantially as a result of an increase
in the minimum size limit to 16 inches
(40.6 cm), FL, because the dominant
mode of harvest is by spearfishing,
which is highly selective, and fishers
using this gear would be expected to be
able to visually recognize a 16 inch
(40.6 cm), FL, fish and, therefore, target
legal-sized fish. NMFS is working with
the South Atlantic Council on
developing methods that could be
considered in the future as measures to
further reduce mortality resulting from
barotrauma (such as removing the
minimum size limit for deep-water
species, requiring the use of descending
devices, and recommending or requiring
hook types for various species in the
snapper-grouper FMU).
Comment 4: NMFS should not
implement a 500-lb (227-kg) commercial
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trip limit for the GA/NC stock of
hogfish. Very few commercial
spearfishers target this stock, which has
rarely met the commercial ACL, and the
catch history has remained consistent.
Response: As discussed in
Amendment 37, 1 percent of
commercial trips landed 500 lb (227 kg)
or more of hogfish per trip off Georgia
through North Carolina during 2012–
2014. Average commercial landings
during 2012–2014 were less than the
commercial ACL for 2017 implemented
by this final rule, and the 2017
commercial ACL is not expected to be
reached under the 500-lb (227-kg)
commercial trip limit under current
fishing practices. However, the South
Atlantic Council is concerned that
commercial fishermen may shift effort
from the FLK/EFL stock to the GA/NC
stock because of the restrictions to the
FLK/EFL stock. Because hogfish are
more accessible to fishermen when they
aggregate to reproduce, the South
Atlantic Council determined that this
commercial trip limit is a precautionary
measure to help prevent localized
depletion of the stock. Additionally, the
South Atlantic Council determined a
500-lb (227-kg) commercial trip limit
will help to ensure commercial harvest
can take place year-round in this area.
Comment 5: A reduction of the
recreational bag limit for the FLK/EFL
stock of hogfish to 1 fish per person per
day is excessive and will deter anglers
from taking trips on charter vessels and
headboats. The recreational bag limit for
the FLK/EFL stock of hogfish should be
2 to 5 fish per person per day. The
economic data for headboats in
Amendment 37 for this action is
inaccurate and flawed. Reducing the
recreational bag limit to 3 fish per
person per day combined with the
actions to reduce the minimum size
limit and a recreational fishing season
would re-build the FLK/EFL stock of
hogfish without having a large economic
impact.
Response: The South Atlantic Council
chose a recreational bag limit of 1 fish
per person per day as their preferred
alternative to extend the length of the
recreational fishing season, while also
helping to end overfishing and rebuild
this overfished stock. The data in
Amendment 37 show that few
fishermen in the South Atlantic region
catch more than 1 fish per day on
recreational trips. According to data
from the Marine Recreational
Information Program (MRIP) from
private recreational and charter trips
during 2012–2014, approximately 60
percent of these trips harvested 1 or no
hogfish per person per day, 78 percent
harvested 2 hogfish per person per day
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or less, 14 percent harvested 3 to 4
hogfish per person per day, and only 8
percent of the trips harvested 5 hogfish
or more per person per day. Among
headboat trips, 87 percent harvested 1
hogfish, 10 percent harvested 2 hogfish,
1 percent harvested 3 hogfish, and 2
percent harvested more than 5 hogfish
per vessel per day.
In addition, the recreational bag limit
of 1 fish per person per day is predicted
to result in a longer recreational fishing
season than bag limits of 2 to 5 fish per
person per day. Analysis in Amendment
37 concludes that the recreational sector
will be open for most of the annual May
through October recreational season
(182 days open out of 184 calendar
days) under the bag limit of 1 fish per
person per day.
NMFS disagrees that the economic
data in Amendment 37 is inaccurate and
flawed. Amendment 37 used the best
scientific information available to
analyze the economic effects of bag limit
reductions on the recreational fishing
sector. Trip-level landings estimates
from MRIP and average harvest per
angler data from the Southeast Region
Headboat Survey (SRHS) demonstrated
that the majority of anglers kept only 1
hogfish or less per person per trip from
2012 through 2014. Additionally, MRIP
data (2012 through 2014) showed that
on charter trips, hogfish were typically
harvested with other species, and on
average, greater numbers of non-hogfish
than hogfish species were kept.
Therefore, changes to the recreational
bag limit, in general, likely would not
result in changes in for-hire angler
behavior, such as cancellation of prebooked for-hire trips or a reduction in
booking rates for future trips. NMFS
acknowledges that uncertainty
associated with the recreational survey
data exists, and that some for-hire
businesses may be negatively affected
by the reduction to the bag limit.
However, some for-hire businesses may
benefit from the longer hogfish
recreational season that is expected to
result from the reduction in the bag
limit. Due to the complex nature of
angler behavior and of the for-hire
industry, available data are insufficient
to quantify all of these potential
economic effects on individual for-hire
businesses.
Comment 6: NMFS should not
implement a closure of the recreational
fishing season for the FLK/EFL stock of
hogfish. If a closure is implemented, it
should include the commercial sector as
well.
Response: This final rule establishes a
recreational fishing season from May
through October for the FLK/EFL
hogfish stock, with recreational harvest
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prohibited from January through April
and from November through December
during each fishing year to protect
spawning fish, maintain landings within
the recreational ACL for the FLK/EFL
stock, and allow the stock to rebuild. As
described in Amendment 37, hogfish
spawning activity occurs predominantly
during the months of December through
April, and begins (and ends) slightly
earlier in the Florida Keys than on the
West Florida shelf (e.g., from the Florida
panhandle south along the west coast of
Florida to Naples, Florida). Analysis in
Amendment 37 demonstrated that for
the FLK/EFL hogfish stock, in
combination with the recreational ACL,
minimum size limit, and recreational
bag limit, a 6-month recreational fishing
season would help to maintain
recreational landings within the
recreational ACL and rebuild this
overfished stock.
NMFS disagrees that the seasonal
closure should apply to the commercial
sector. The South Atlantic Council
previously established sector allocations
for the hogfish stock ACL of 9.63
percent to the commercial sector and
90.37 percent to the recreational sector.
Neither Amendment 37 nor this final
rule changes these sector allocations for
the FLK/EFL hogfish stock. The South
Atlantic Council determined that an
increase in the minimum size limit to 16
inches (40.6 cm), FL, and a commercial
trip limit of 25 lb (11 kg) would achieve
the necessary reduction in commercial
harvest to help eliminate overfishing
and rebuild the FLK/EFL hogfish stock,
and to maintain commercial landings
within the commercial ACL.
Comment 7: The FLK/EFL stock of
hogfish is not currently overfished. The
science and data that claim this stock is
overfished is incorrect and is a result of
biased sampling methods.
Response: NMFS disagrees.
Amendment 37 and this final rule
respond to the latest stock assessment
for hogfish (SEDAR 37), which
determined that the FLK/EFL stock of
hogfish is overfished and undergoing
overfishing. The SEDAR process is a
peer-reviewed cooperative effort to
assess the status of stocks in the
southeast region, involving the South
Atlantic, Caribbean, and Gulf of Mexico
Fishery Management Councils; NMFS
Southeast Fisheries Science Center
(SEFSC), NMFS Southeast Regional
Office, and the NMFS Highly Migratory
Species Division; and the Atlantic and
Gulf States Marine Fisheries
Commissions. SEDAR also relies on
state agencies and universities
throughout the region for research, data
collection, and stock assessment
expertise. The Florida FWC completed
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the stock assessment for hogfish under
the SEDAR process, and used landings
data from both state and Federal waters.
Fisheries-dependent and independent
data were also utilized in the stock
assessment. Data included commercial
harvest by gear type (hook-and-line and
spear) and source (trip tickets and
logbooks), and recreational harvest by
gear type and from private anglers and
charter vessels and headboats (MRIP
and SRHS). The South Atlantic
Council’s SSC considered SEDAR 37 as
the best scientific information available,
and the SEFSC certified Amendment 37
as the best scientific information
available.
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Additional Change to Codified Text Not
in Amendment 37
In addition to the measures described
for Amendment 37, this final rule
corrects an error in Table 1 to § 622.1—
FMPs Implemented Under Part 622. In
2013, the final rule for Amendment 27
to the FMP inadvertently removed two
footnotes from the entry for the FMP in
Table 1 of § 622.1 (78 FR 78770,
December 27, 2013). This final rule
corrects that error and inserts those
footnotes back into the entry for the
FMP in Table 1 of § 622.1.
Classification
The Regional Administrator for the
NMFS Southeast Region has determined
that this final rule is consistent with
Amendment 37, the FMP, the
Magnuson-Stevens Act, and other
applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Magnuson-Stevens Act provides
the statutory basis for this final rule.
Amendment 37 and the preamble to this
final rule provide a statement of the
need for and objectives of this rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. In
addition, no new reporting, recordkeeping, or other compliance
requirements are introduced by this
final rule.
In compliance with section 604 of the
RFA, NMFS prepared a final regulatory
flexibility analysis (FRFA) for this final
rule. The FRFA follows.
Public comments relating to socioeconomic implications and potential
impacts on small businesses are
addressed in the response to Comment
5 in the Comments and Responses
section of this final rule. No changes to
this final rule were made in response to
these public comments. No comments
were received from the Office of
Advocacy for the Small Business
Administration.
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NMFS agrees that the South Atlantic
Council’s choice of preferred
alternatives will best achieve their
objectives for Amendment 37 while
minimizing, to the extent practicable,
the adverse effects on fishers, support
industries, and associated communities.
NMFS expects this final rule to
directly affect all federally-permitted
commercial vessels and recreational
anglers that fish for or harvest hogfish
in Federal waters of the South Atlantic,
and those that fish in Federal waters of
the Gulf of Mexico between the Gulf and
South Atlantic Council jurisdictional
boundary and the new FLK/EFL hogfish
stock boundary at the 25°09′ N. lat. line
off the west coast of Florida. As
discussed in Amendment 37, the data
used to assign landings to stock areas
and monitor the ACL do not have high
enough spatial resolution to estimate the
specific fishing activity that occurs in
the area between the Councils’
jurisdictional boundary and the new
FLK/EFL hogfish stock boundary at the
25°09′ N. lat. line off the west coast of
Florida. The management boundary for
this stock of hogfish was selected by the
South Atlantic Council because it
coincides with the State of Florida’s
Pompano Endorsement Zone boundary,
and would simplify regulations and aid
in the enforcement of management
regulations. Based on public testimony
and comments, the South Atlantic
Council concluded that the boundary
line at 25°09′ N. lat. off the west coast
of Florida is far enough north of the
Florida Keys and far enough south of
Naples and Marco Island, Florida, such
that it is in an area where fishing for
hogfish is not a popular activity. This
boundary line would not impact current
approaches to ACL monitoring, and it
would help simplify regulations for
commercial vessels that fish for hogfish
in both Gulf and South Atlantic Federal
waters around the Florida Keys. In
addition, it would be unlikely for
fishermen to harvest hogfish belonging
to the West Florida stock in the Gulf and
then travel south for a long distance to
land those fish in the South Atlantic. It
is important to note that on the west
coast of Florida, there are very few ports
in Monroe County north of the Florida
Keys, and this area is comprised in large
part by the Everglades National Park.
Based on the relatively small size of the
area between the Councils’
jurisdictional boundary and the new
FLK/EFL hogfish stock boundary at the
25°09′ N. lat. line off the west coast of
Florida, as well as the public comments
received and South Atlantic Council
discussions, NMFS expects that
commercial hogfish landings from this
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34589
area in the Gulf will be minimal. For all
of the aforementioned reasons, the
analysis conducted for Amendment 37,
and summarized here, used commercial
landings data exclusive to Federal
waters of the South Atlantic off the State
of Florida as a proxy for commercial
landings in the new FLK/EFL stock area
(including the area in the Gulf EEZ).
This data was used to both identify
affected vessels and estimate the
economic effects of this final rule on
those vessels. NMFS expects
commercial hogfish landings from the
FLK/EFL stock and harvested from the
Gulf EEZ to be below the level that
would change any of the assumptions or
conclusions of the following analysis.
This final rule will not directly apply
to or regulate for-hire vessels, because
for-hire vessels sell fishing services to
recreational anglers and the changes to
the hogfish management measures in
this final rule will not directly alter the
services sold by these vessels. However,
the changes will affect when
recreational anglers on for-hire trips are
allowed to fish for or retain hogfish, as
well as the quantity and size of hogfish
that are harvested. Any change in
demand for for-hire fishing services, and
associated economic effects, as a result
of this final rule would be a
consequence of behavioral change by
anglers, secondary to any direct effect
on anglers and, therefore, an indirect
effect of the final rule. Because the
effects on for-hire vessels are indirect,
they fall outside the scope of the RFA.
For-hire captains and crew are
permitted to retain hogfish under the
recreational bag limit; however, they are
not permitted to sell these fish. As such,
for-hire captains and crew are only
affected as recreational anglers. For
purposes of the RFA, NMFS does not
consider recreational anglers to be small
entities, so they are outside the scope of
this analysis, and only the impacts on
commercial vessels will be discussed.
As of May 25, 2016, there were 552
valid or renewable Federal South
Atlantic snapper-grouper unlimited
commercial permits and 116 valid or
renewable 225-lb (102-kg) trip-limited
commercial permits. Each of these
commercial permits is associated with
an individual vessel. Data from the
years of 2010 through 2014, the most
recent data available at the time the
analysis was conducted, were used in
Amendment 37 and these data provided
the basis for the South Atlantic
Council’s decisions. Although this final
rule applies to all Federal commercial
snapper-grouper permit holders, NMFS
expects that only the vessels that
harvest hogfish will be affected. On
average from 2010 through 2014, there
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were 135 federally-permitted
commercial fishing vessels with
reported landings of hogfish. Their
average annual vessel-level revenue
from all species for 2010 through 2014
was approximately $59,000 (2014
dollars). During this period, there were
an average of 62 vessels that harvested
hogfish in the GA/NC stock area and 77
vessels that harvested hogfish in the
FLK/EFL stock area. Their average
annual revenue from all species (2010
through 2014) was approximately
$83,000 and $44,000 (2014 dollars) in
the two stock areas, respectively. Some
of these vessels reported hogfish
landings from both stock areas and are,
therefore, included in the vessel counts
for both stock areas. The maximum
annual revenue for all species reported
by a single one of the 135 vessels
identified above, in 2014, was
approximately $1 million (2014 dollars).
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 its affiliates), and has
combined annual receipts not in excess
of $11 million for all its affiliated
operations worldwide. All of the
commercial vessels directly regulated by
this final rule are believed to be small
entities based on the NMFS size
standard.
No other small entities that will be
directly affected by this final rule have
been identified.
There are currently 668 federallypermitted commercial vessels eligible to
fish for the snapper-grouper species
managed under the FMP. Based on the
analysis included in Amendment 37,
NMFS expects 135 of these vessels will
be affected by this final rule
(approximately 20 percent). Because all
entities expected to be affected by this
final rule are small entities, NMFS has
determined that this final rule will
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 final rule modifies the snappergrouper FMU for hogfish, specifying two
stocks of hogfish in the EEZ: (1) a GA/
NC stock from the Georgia/Florida state
boundary north to the North Carolina/
Virginia state boundary, and (2) a FLK/
EFL stock from the Florida/Georgia state
boundary on the east coast of Florida,
south around the Florida Keys, and then
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north to the 25°09′ N. lat. line off the
west coast of Florida. Amendment 37
also specifies MSY and MSST values for
each of these stocks. For both the GA/
NC and FLK/EFL stocks, MSY is set
equal to the yield produced by FMSY or
the FMSY proxy (F30≠SPR) and MSST is
set equal to 75 percent of SSBMSY.
Specifying separate hogfish stocks, as
well as management reference points
(MSY and MSST) for those stocks, is not
expected to directly alter the current
harvest of the hogfish resource.
Therefore, these changes are not
expected to have any direct economic
effects on any small entities. They do,
however, influence other components of
this final rule that are expected to have
direct economic effects.
This final rule also establishes a total
ACL of 33,930 lb (15,390 kg) for the GA/
NC stock of hogfish, which is equal to
95 percent of the ABC recommended by
the Council’s SSC. Using the existing
allocation formula specified in the
Comprehensive ACL Amendment and
landings data specific to the GA/NC
stock area, the commercial ACL for the
GA/NC stock of hogfish will be set
constant at 23,456 lb (10,639 kg). Based
on average annual landings for 2012
through 2014 off Georgia through North
Carolina, the commercial sector would
be expected to land only 20,534 lb
(9,314 kg) under the status quo in 2017,
with an estimated ex-vessel value of
$76,797 (2014 dollars). Because the
commercial ACL is greater than the
estimated status quo commercial
landings for 2017, it is not expected to
have any short-term direct negative
economic effects on commercial vessels.
Due to increasing uncertainty as
projections extend further into the
future, status quo commercial landings
estimates for years subsequent to 2017
were not calculated. The commercial
ACL for the GA/NC stock in this final
rule provides the potential for landings
to increase by 2,922 lb (1,325 kg)
relative to average historical commercial
landings (2012 through 2014). Using the
average annual hogfish price per pound
from 2012 through 2014, this represents
a potential increase in ex-vessel revenue
of $10,928 (2014 dollars) overall.
Divided by the average number of
commercial vessels that harvested
hogfish in the GA/NC stock area from
2010 through 2014, this would be an
increase of approximately $176 per
vessel.
In addition, Amendment 37
establishes a rebuilding plan, beginning
in 2017, for the FLK/EFL stock, which
sets ABC equal to the yield at a constant
fishing mortality rate and rebuilds the
stock in 10 years with a 72.5 percent
probability of rebuilding success. This
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rebuilding plan provides the basis for
setting ACLs but does not directly alter
the current harvest of the hogfish
resource. Therefore, it is not expected to
have direct economic effects on any
small entities.
This final rule also establishes a total
ACL, in numbers of fish, for the FLK/
EFL stock of hogfish for 2017 through
2027. The total ACL each year will be
set equal to 95 percent of the ABC
values specified in the rebuilding plan.
In 2017, the total ACL will be 17,034
fish and will increase each year until
reaching 60,130 fish in 2027. Using the
existing allocation formula specified in
the Comprehensive ACL Amendment
and landings data specific to the FLK/
EFL stock area, the commercial ACL for
the FLK/EFL stock of hogfish will be set
at 3,510 lb (1,592 kg) in 2017 and will
increase each year until reaching 17,018
lb (7,719 kg) in 2027. In Amendment 37,
a time series model was fit to historical
landings data (1997 through 2014) for
the FLK/EFL stock area in order to
project commercial landings under the
status quo in 2017. The commercial
sector would be expected to land an
estimated 20,380 lb (9,244 kg) of hogfish
under the status quo in 2017, worth
$76,213 (2014 dollars). Due to
increasing uncertainty as projections
extend further into the future, status quo
commercial landings estimates for years
subsequent to 2017 were not calculated.
Assuming the commercial ACL for FLK/
EFL hogfish is harvested in full, it will
represent a reduction in ex-vessel
revenue of $63,086 (2014 dollars), or 83
percent, relative to estimated 2017
status quo revenue. This assumes that
ex-vessel revenue from other
commercially harvested species will not
be substituted for the loss in hogfish
revenue. Dividing the aforementioned
reduction in ex-vessel revenue by the
average number of commercial vessels
that harvested hogfish in the FLK/EFL
stock area from 2010 through 2014,
results in a decrease of approximately
$819 (2014 dollars) per vessel. NMFS
assumes that ex-vessel revenue from
FLK/EFL hogfish will increase relative
to the annual increases in the
commercial ACL from 2017 through
2027, and NMFS expects the negative
economic effects of this final rule on
commercial vessels to decrease each
year after 2017.
This final rule increases the
commercial minimum size limit for both
stocks of hogfish as well. The minimum
size limit for the GA/NC stock is
increased from 12 inches (30.5 cm), FL,
to 17 inches (43.2 cm), FL, and the
minimum size limit for the FLK/EFL
stock is increased from 12 inches (30.5
cm), FL, to 16 inches (40.6 cm), FL.
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The minimum size limit increase in
this final rule for the GA/NC stock was
estimated to reduce commercial
landings by only 406 lb (184 kg) in
2017. This translates into a $1,478 (2014
dollars) reduction in ex-vessel revenue
overall, or $24 per vessel. This assumes
that ex-vessel revenue from other
species will not be substituted for the
loss in hogfish revenue. Under the
commercial ACL for GA/NC hogfish, the
season is expected to be open yearround and is not expected to change as
a result of the minimum size limit.
Assuming effort, harvest rates, and
hogfish prices remain constant, then the
expected economic effects of the
minimum size limit in future years will
be equivalent to those of 2017.
For the FLK/EFL stock, the minimum
size limit increase is not expected to
reduce aggregate commercial landings
or ex-vessel revenue in 2017. This
assumes that ex-vessel hogfish prices
will be unresponsive to temporal
changes in landings. In subsequent
years, as the commercial ACL for the
FLK/EFL stock increases, the minimum
size limit in this final rule will be more
likely than the status quo minimum size
limit to prevent the full harvest of the
commercial ACL and result in a
reduction in aggregate ex-vessel
revenue. Under the minimum size limit
of 16 inches (40.6 cm), FL, the 2017
fishing season is expected to be open 35
days longer than under the current
minimum size limit of 12 inches (30.5
cm), FL. Because fewer legal-sized fish
will be available for harvest, this final
rule may increase harvest costs, and in
turn, reduce profitability for some
vessels. Conversely, a longer season for
FLK/EFL hogfish may have positive
economic effects for other vessels by
expanding the number of species
available for harvest later in the fishing
year. Individual vessels are expected to
experience varying levels of economic
effects, depending on their fishing
practices, profit maximization strategies,
and ability to substitute revenue from
other species for hogfish revenue. These
economic effects cannot be estimated
with available data.
This final rule also establishes
commercial trip limits for each stock of
hogfish. The commercial trip limit is set
at 500 lb (227 kg) for the GA/NC stock
and 25 lb (11 kg) for the FLK/EFL stock.
Currently, there is no commercial trip
limit for hogfish in the South Atlantic.
For the GA/NC stock, the commercial
trip limit was estimated to result in a
$4,470 (2014 dollars) decrease in exvessel revenue relative to the status quo.
This assumes that ex-vessel revenue
from other commercially harvested
species will not be substituted for the
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loss in hogfish revenue. Based on
historical harvest rates for 2012 through
2014, it is expected that the commercial
trip limit of 500 lb (227 kg) will only
affect spearfishing trips. On average
(2010 through 2014), there were 11
vessels with Federal commercial
snapper-grouper permits that reported
taking at least 1 hogfish trip in the GA/
NC stock area, where the majority of
revenue from that trip was attributed to
spearfishing. The average annual
revenue from all species from 2010
through 2014 for these vessels was
$61,479 (2014 dollars). If the estimated
reduction in ex-vessel revenue was
borne entirely by these vessels, it would
result in a loss of $406 per vessel, or less
than 1 percent of their average annual
revenue from all species from 2010
through 2014. When the commercial
trip limit and minimum size limit for
the GA/NC stock in this final rule are
analyzed together, the combined effect
on all vessels that fish for hogfish in the
corresponding stock area is estimated to
be a reduction in aggregate ex-vessel
revenue of $5,741 (2014 dollars).
For the FLK/EFL stock, the
commercial trip limit in this final rule
is not expected to reduce aggregate
commercial landings or ex-vessel
revenue in 2017. This conclusion
assumes that prices will not change as
a result of a change in the timing of
landings. In subsequent years, as the
commercial ACL for the FLK/EFL stock
increases, the commercial trip limit of
25 lb (11 kg) will be more likely to
prevent full harvest of the commercial
ACL and result in a reduction in exvessel revenue relative to no trip limit.
Under the commercial trip limit, the
2017 fishing season is expected to be
open 33 days longer than what would be
expected under the commercial ACL of
3,510 lb (1,592 kg) with no commercial
trip limit implemented. Because more
trips will be required to harvest the
same amount of fish, the commercial
trip limit could reduce profitability for
some vessels. Conversely, a longer
commercial fishing season in the FLK/
EFL stock area may have positive
economic effects for other vessels by
expanding the number of species
available for harvest later in the fishing
year. On average (2010 through 2014),
37 vessels with Federal commercial
snapper-grouper permits took at least 1
trip with hogfish landings in excess of
25 lb (11 kg). Trips with hogfish
landings in excess of 25 lb (11 kg)
accounted for approximately 28 percent
of all hogfish trips reported for the FLK/
EFL stock area, on average, from 2010
through 2014. Approximately 66
percent of these were spearfishing trips,
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34591
23 percent were trips that used hookand-line gear, and the remaining 11
percent were trips that used other
fishing gear types. Historically (2012
through 2014), 10.1 percent of hogfish
landings on hook-and-line trips and
approximately 29.4 percent of hogfish
landings on spearfishing trips were
harvested on trips in excess of the 25 lb
(11 kg) commercial trip limit in this
final rule. These statistics suggest that
spearfishing trips may be more
adversely affected, on average, by the
commercial trip limit than hook-andline trips. However, specific economic
effects estimates categorized by fishing
gear are not currently available due to
the high degree of model uncertainty at
the gear level. Individual vessels are
expected to experience varying levels of
economic effects, depending on their
fishing practices, profit maximization
strategies, and ability to substitute other
species revenue for hogfish revenue.
These economic effects cannot be
estimated with available data.
Finally, this final rule establishes
commercial AMs for the GA/NC and the
FLK/EFL stocks of hogfish. These AMs
will close the commercial sector for the
applicable hogfish stock for the
remainder of the fishing year if
commercial landings of the applicable
stock reach, or are projected to reach,
the respective commercial ACL.
Additionally, if the commercial ACL is
exceeded, NMFS will reduce the stockspecific commercial ACL in the
following fishing year by the amount of
the commercial ACL overage, only if
hogfish is overfished and the total ACL
(commercial ACL and recreational ACL)
for the respective stock is exceeded. The
AMs in this final rule are the same as
the previous commercial AMs that were
in place for the single hogfish stock in
the South Atlantic. NMFS assumes that
the commercial AMs in this final rule
will maintain landings within the
commercial ACL for each stock, so no
direct economic effects, aside from
those already discussed under the ACLs
in this final rule, are expected to occur.
If the AMs do not maintain commercial
landings at or below the commercial
ACL, then there will be an increase in
ex-vessel revenue in the fishing year the
AMs are triggered and the commercial
sector closes. Additionally, if the
conditions are met for a reduction in the
following year’s commercial ACL by the
amount of the commercial ACL overage,
a reduction in ex-vessel revenue in the
following fishing year would be
expected. The status of the GA/NC stock
is currently unknown, so both
conditions necessary for a reduction in
the following year’s commercial ACL
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will not be met and this provision will
only affect the FLK/EFL stock. Because
of the timeliness of commercial landings
data for federally-permitted vessels,
overages and corresponding economic
effects will likely be small, should they
occur.
In summary, when all of the hogfish
management changes in this final rule
are analyzed together, in the 2017
fishing year they will result in an
estimated reduction in ex-vessel
revenue of $5,741 (2014 dollars) for all
vessels combined that harvest hogfish
from the GA/NC stock and $63,086 for
all vessels combined that harvest
hogfish from the FLK/EFL stock. The
changes to the minimum size limit and
commercial trip limit also have the
potential to reduce profitability by
increasing harvest costs, although these
economic effects cannot be estimated
with available data. In fishing years
subsequent to 2017, if hogfish landings
from the GA/NC stock increase to reach
the commercial ACL, the increase in
landings would offset the loss in
revenue from the new minimum size
limit and commercial trip limit, and
would generate an increase in ex-vessel
revenue of $5,187 (2014 dollars). For the
vessels that harvest hogfish from the
FLK/EFL stock, NMFS assumes that exvessel revenue from hogfish will
increase relative to the annual increases
in the commercial ACL from 2017
through 2027. This will lessen the
negative economic effects of this final
rule on commercial vessels each year.
The following discussion describes
the alternatives that were not selected as
preferred by the South Atlantic Council.
The actions to designate two separate
stocks of hogfish in the South Atlantic,
set management reference points (MSY
and MSST) for those stocks, and
establish a rebuilding plan for the FLK/
EFL stock of hogfish are not expected to
have any direct economic effects on any
small entities, and therefore, the issue of
significant alternatives is not relevant.
Two alternatives were considered for
the action to specify a stock ACL and
OY for the GA/NC stock of hogfish. The
first alternative, the no action
alternative, would retain the single
South Atlantic-wide hogfish stock ACL
and would not be expected to alter
current harvest or use of the resource.
This alternative was not selected by the
South Atlantic Council because it would
not adhere to the best scientific
information available from the most
recent hogfish stock assessment. The
second alternative is the preferred
alternative, which establishes a stock
ACL specific to the GA/NC stock of
hogfish. This alternative includes three
sub-alternatives. The first sub-
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alternative would set the ACL equal to
OY, where OY equals ABC. This subalternative would result in a commercial
ACL for the GA/NC hogfish stock of
24,690 lb (11,199 kg), which is
approximately 5 percent greater than the
commercial ACL in this final rule.
Because status quo landings are not
expected to exceed any of the subalternative commercial ACL values in
the short term, the first sub-alternative
would not be expected to have any
direct economic effects. However, it
would allow for greater potential
landings and ex-vessel revenue in the
future compared to the preferred
alternative in this final rule. The first
sub-alternative was not selected as
preferred by the South Atlantic Council,
because the Council determined it was
prudent to include a buffer in the GA/
NC stock ACL to account for
management uncertainty. The second
sub-alternative is the preferred subalternative in this final rule and it sets
the GA/NC stock ACL equal to OY,
where OY equals 95 percent of ABC.
The third sub-alternative would set the
GA/NC stock ACL equal to OY, where
OY equals 90 percent of ABC. This subalternative would result in a GA/NC
stock ACL that is approximately 5
percent less than the GA/NC stock ACL
included in this final rule. Based on
projected landings for 2017, this would
not be expected to have direct economic
effects on small entities; however, the
potential for future increases in exvessel revenue would be less than under
this final rule. Because allowable
harvest and potential ex-vessel revenue
would be lower than that under the
preferred alternative, this alternative
was not selected by the South Atlantic
Council.
Two alternatives were considered for
the action to specify commercial and
recreational ACLs and OY for the FLK/
EFL stock of hogfish. The first
alternative, the no action alternative,
would retain the single South Atlanticwide hogfish stock ACL and would not
be expected to alter current harvest or
use of the resource. This alternative was
not selected by the South Atlantic
Council, because it would not adhere to
the best scientific information available
from the most recent hogfish stock
assessment. The second alternative is
the preferred alternative, which
establishes commercial and recreational
ACLs specific to the FLK/EFL stock of
hogfish. This alternative includes three
sub-alternatives. The first subalternative would set the ACL equal to
OY, where OY equals ABC. The
commercial ACL for the FLK/EFL stock
would be 3,695 lb (1,676 kg) in 2017,
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and would increase annually up to
17,914 lb (8,126 kg) in 2027. Under the
first sub-alternative, the commercial
ACL would be approximately 5 percent
greater each year than under the
preferred sub-alternative. Assuming the
entire commercial ACL is harvested
annually, hogfish landings and ex-vessel
revenue would also be 5 percent greater
under the first sub-alternative than
under the preferred sub-alternative. As
such, the first sub-alternative would be
expected to have less negative economic
effects on small entities than this final
rule.
However, it was not selected as
preferred by the South Atlantic Council,
because they determined it was prudent
to include a buffer in the FLK/EFL stock
ACL to account for management
uncertainty. The second sub-alternative
is the preferred sub-alternative, which
sets the FLK/EFL stock ACL equal to
OY, where OY equals 95 percent of
ABC. The third sub-alternative would
set the FLK/EFL stock ACL equal to OY,
where OY equals 90 percent of ABC.
This sub-alternative would result in
commercial and recreational ACLs that
are approximately 5 percent less each
year than under the preferred subalternative and, therefore, would be
expected to have more direct negative
economic effects on small entities than
this final rule. Because allowable
harvest and expected ex-vessel revenue
would be lower than that under the
preferred alternative, this alternative
was not selected by the South Atlantic
Council.
Three alternatives were considered for
the action to increase the commercial
and recreational minimum size limits
for the GA/NC and FLK/EFL stocks of
hogfish. The first alternative, the no
action alternative, would retain the
South Atlantic-wide hogfish minimum
size limit of 12 inches (30.5 cm), FL, for
both sectors. This would not be
expected to alter commercial harvest
rates relative to the status quo, so no
direct economic effects to small entities
would be expected to occur. This
alternative was not selected by the
South Atlantic Council, because it
would fail to acknowledge important
biological differences between the two
stocks of hogfish, as well as stockspecific management needs.
The second alternative, which was
selected as preferred, increases the
commercial and recreational minimum
size limit for the GA/NC stock. The
second alternative contains six subalternatives. The first sub-alternative
would increase the minimum size limit
from 12 inches (30.5 cm), FL, to 16
inches (40.6 cm), FL. This would be
expected to result in an annual
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reduction in commercial ex-vessel
revenue of only $479 (2014 dollars),
which is $1,041 less than the reduction
expected under the minimum size limit
in this final rule. This sub-alternative
was not selected as preferred because it
would be expected to result in fewer
hogfish reaching sexual maturity, fewer
hogfish transitioning to males, and more
negative biological effects than the
minimum size limit in this final rule.
The second sub-alternative is the
preferred sub-alternative, which sets the
commercial and recreational minimum
size limit for the GA/NC stock at 17
inches (43.2 cm), FL. The third through
the fifth sub-alternatives would set the
commercial and recreational minimum
size limit at 18, 19, and 20 inches (45.7,
48.3, and 50.8 cm), FL, respectively.
These sub-alternatives were not selected
because they would be expected to
result in a greater decrease in
commercial ex-vessel revenue than the
minimum size limit in this final rule.
The sixth sub-alternative would set the
commercial and recreational minimum
size limit at 15 inches (38.1 cm), FL, in
the first year of implementation, 18
inches (45.7 cm), FL, in the second year,
and 20 inches (50.8 cm), FL, in the third
year. This sub-alternative would be
expected to have a smaller direct
negative economic effect on small
entities than the minimum size limit in
this final rule in the first year of
implementation only, and a larger direct
negative economic effect thereafter. The
sixth sub-alternative was not selected by
the South Atlantic Council, because
there was little public support for stepup size limit increases, and it would not
aid in simplifying regulations.
The third alternative, also selected as
preferred, increases the commercial and
recreational minimum size limit for the
FLK/EFL stock. The third alternative
contains five sub-alternatives. The first
and second sub-alternatives would
increase the commercial and
recreational minimum size limit to 14
and 15 inches (35.6 and 38.1 cm), FL,
respectively. These sub-alternatives
would not be expected to affect
aggregate ex-vessel revenue in the shortterm; however, by allowing for
potentially higher catch rates, they
would be less likely to negatively affect
profitability than the minimum size
limit in this final rule. The specific
effects on profitability cannot be
estimated with available data. These
sub-alternatives were not selected by the
South Atlantic Council, because they
would be expected to result in fewer
hogfish reaching sexual maturity, fewer
hogfish transitioning to males, and more
negative biological effects than the
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minimum size limit in this final rule.
The third sub-alternative is the
preferred sub-alternative, which
increases the commercial and
recreational minimum size limit to 16
inches (40.6 cm), FL. The fourth subalternative would increase the
minimum size limit to 17 inches (43.2
cm), FL, which would be more likely to
negatively affect profitability than the
minimum size limit in this final rule
and, therefore, was not selected as
preferred. The fifth sub-alternative
would set the commercial and
recreational minimum size limit at 14
inches (35.6 cm), FL, in the first year of
implementation and 16 inches (40.6
cm), FL, in the third year. This subalternative would provide for a more
gradual increase in the minimum size
limit up to 16 inches (40.6 cm), FL,
which would be expected to have less
negative economic effects than the
minimum size limit in this final rule in
the first 2 years of implementation and
equivalent effects in the third year and
beyond. The fifth sub-alternative was
not selected by the Council, because it
would have fewer immediate biological
benefits to the FLK/EFL hogfish stock,
which is currently overfished.
Three alternatives were considered for
the action to establish commercial trip
limits for the GA/NC and FLK/EFL
stocks of hogfish. Under the first
alternative, the no action alternative,
there would be no commercial trip limit
specified for either stock. This would
not be expected to alter commercial
harvest rates relative to the status quo,
so no direct economic effects to small
entities would be expected to occur.
This alternative was not selected by the
South Atlantic Council, because they
decided it was necessary to implement
stock-specific commercial trip limits in
order to successfully maintain
commercial landings of hogfish within
the commercial ACL and to end
overfishing of the FLK/EFL stock.
The second alternative, which was
selected as preferred, establishes a
commercial trip limit for the GA/NC
stock. The second alternative contains
five sub-alternatives. The first and
second sub-alternatives would set the
commercial trip limit at 100 lb (45 kg)
and 250 lb (113 kg), respectively, which
would be expected to reduce aggregate
annual landings and ex-vessel revenue
by 43 percent and 19 percent,
respectively. These reductions in exvessel revenue would be larger than
what would be expected under the
commercial trip limit in this final rule
and, thus, the first and second subalternatives were not selected. The third
sub-alternative was selected as preferred
and it sets the commercial trip limit at
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34593
500 lb (227 kg), which was estimated to
reduce ex-vessel revenue by 6 percent.
The fourth sub-alternative would set the
commercial trip limit at 700 lb (318 kg).
This sub-alternative would be expected
to reduce ex-vessel revenue by only 3
percent, which would translate into
$2,287 (2014 dollars) more in aggregate
ex-vessel revenue than under the
commercial trip limit in this final rule.
The fifth sub-alternative would not
specify a commercial trip limit, which
would be expected to have no effect on
status quo hogfish landings or ex-vessel
revenue. Under the fifth sub-alternative,
ex-vessel revenue would be $4,470
(2014 dollars) greater than what would
be expected under the commercial trip
limit for the GA/NC stock in this final
rule. The fourth and fifth subalternatives were not selected as
preferred because the South Atlantic
Council chose to take a precautionary
approach to setting the commercial trip
limit for the GA/NC stock in order to
prevent effort shifts as a result of more
stringent commercial regulations
needed to end overfishing of the FLK/
EFL stock. Additionally, the vast
majority of commercial trips in Georgia
and the Carolinas do not land more than
500 lb (227 kg) of hogfish per trip.
The third alternative, also selected as
preferred, establishes a commercial trip
limit for the FLK/EFL stock. The third
alternative contains six sub-alternatives.
The first sub-alternative was selected as
preferred and it sets the commercial trip
limit at 25 lb (11 kg). Sub-alternatives 2
through 5 would set the commercial trip
limit at 50 lb (23 kg), 100 lb (45 kg), 150
lb (68 kg), and 200 lb (91 kg),
respectively. The sixth sub-alternative
would not specify a commercial trip
limit. These sub-alternatives for
commercial trip limits would not be
expected to affect aggregate ex-vessel
revenue in the short term, given the low
commercial ACL for the FLK/EFL stock
included in this final rule. However, for
each incremental increase in the
commercial trip limit, the likelihood of
direct negative effects on profitability
would be reduced. Because of the
commercial ACL increases included in
this final rule, sub-alternatives 2
through 6 may provide for greater
aggregate annual ex-vessel hogfish
revenue and increased profitability on
hogfish trips in the medium to long
term, relative to the commercial trip
limit in this final rule. These economic
effects cannot be estimated with
available data. However, subalternatives 2 through 6 were not
selected by the South Atlantic Council
because, given the overfished status of
the FLK/EFL stock, the South Atlantic
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Council wanted to be conservative in
setting the commercial trip limit in
order to end overfishing and prevent
commercial ACL overages.
Four alternatives were considered for
the action to establish commercial and
recreational AMs for the GA/NC and the
FLK/EFL stocks of hogfish. The first
alternative, the no action alternative,
would retain the AMs for the single
South Atlantic-wide hogfish stock for
both sectors. This alternative was not
selected by the South Atlantic Council
because stock-specific AMs would be
required to ensure landings are
maintained within the commercial ACL
for each stock. The second alternative
was selected as preferred and it
specifies commercial AMs for GA/NC
and FLK/EFL stocks that are equivalent
to the existing AMs for the single South
Atlantic stock. The third and fourth
alternatives pertain exclusively to
recreational anglers and therefore no
direct economic effects on any small
entities would be expected.
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as small entity compliance
guides. The agency shall explain the
actions that a small entity is required to
take to comply with a rule or group of
rules. As part of this rulemaking
process, NMFS prepared a fishery
bulletin, which also serves as a small
entity compliance guide. The fishery
bulletin will be sent to all interested
parties.
Changes to Codified Text From the
Proposed Rule
In response to public comment,
NMFS includes additional language in
part 622 regulations to clarify the
commercial trip limit when harvesting
Florida Keys/East Florida hogfish in the
Gulf EEZ. This final rule adds language
in § 622.191 to clarify the applicability
of the commercial trip limit when
vessels fish for hogfish in the Gulf EEZ
between 25°09′ N. lat. off the west coast
of Florida and the Councils’
jurisdictional boundary, as specified in
§ 600.105(c).
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gulf
of Mexico, Hogfish, Recreational, South
Atlantic.
Dated: July 19, 2017.
Chris Oliver,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is 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 § 622.1, revise the Table 1 entry
for ‘‘FMP for the Snapper-Grouper
Fishery of the South Atlantic Region’’,
and add footnote 8 to Table 1 to read as
follows:
■
§ 622.1
*
Purpose and scope.
*
*
*
*
TABLE 1 TO § 622.1—FMPS IMPLEMENTED UNDER PART 622
FMP title
Responsible fishery
management council(s)
*
*
*
FMP for the Snapper-Grouper Fishery of the South Atlantic Region.
*
*
*
SAFMC .............................................................................
*
*
*
*
Geographical area
*
*
South Atlantic. 1 2 6 8
*
*
1 Regulated
area includes adjoining state waters for purposes of data collection and quota monitoring.
2 Black sea bass and scup are not managed by the FMP or regulated by this part north of 35°15.9′ N. lat., the latitude of Cape Hatteras Light,
NC.
*
*
*
*
*
*
*
6 Nassau grouper in the South Atlantic EEZ and the Gulf EEZ are managed under the FMP.
*
*
*
*
*
*
*
8 Hogfish in the Gulf EEZ are managed under the FMP from the South Atlantic and Gulf of Mexico intercouncil boundary specified in
§ 600.105(c) and south of 25°09′ N. lat. off the west coast of Florida. Hogfish in the remainder of the Gulf EEZ are managed under the FMP for
the Reef Fish Resources of the Gulf of Mexico.
3. In § 622.183, add paragraph (b)(4) to
read as follows:
■
§ 622.183
§ 622.185
■
Area and seasonal closures.
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*
*
*
*
*
(b) * * *
(4) Hogfish recreational sector off the
Florida Keys and east coast of Florida.
From January through April and from
November through December each year,
the recreational harvest or possession of
hogfish in or from the South Atlantic
EEZ off the Florida Keys and east coast
of Florida, and in the Gulf EEZ south of
25°09′ N. lat. off the west coast of
Florida is prohibited, and the bag and
possession limits are zero.
*
*
*
*
*
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4. In § 622.185, revise paragraph (c)(3)
to read as follows:
Size limits.
*
*
*
*
*
(c) * * *
(3) Hogfish. (i) In the South Atlantic
EEZ off Georgia, South Carolina, and
North Carolina—17 inches (43.2 cm),
fork length.
(ii) In the South Atlantic EEZ off the
Florida Keys and east coast of Florida,
and in the Gulf EEZ south of 25°09′ N.
lat. off the west coast of Florida—16
inches (40.6 cm), fork length.
*
*
*
*
*
■ 5. In § 622.187, revise paragraph (b)(3)
to read as follows:
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§ 622.187
Bag and possession limits.
*
*
*
*
*
(b) * * *
(3) Hogfish. (i) In the South Atlantic
EEZ off Georgia, South Carolina, and
North Carolina—2.
(ii) In the South Atlantic EEZ off the
Florida Keys and east coast of Florida,
and in the Gulf EEZ south of 25°09′ N.
lat. off the west coast of Florida—1.
*
*
*
*
*
6. In § 622.191, add paragraph (a)(12)
and paragraph (b) to read as follows:
■
§ 622.191
*
Commercial trip limits.
*
*
(a) * * *
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*
Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Rules and Regulations
(12) Hogfish. (i) Until the commercial
ACL specified in § 622.193(u)(1)(iii)(A)
is reached or is projected to be reached
off Georgia, South Carolina, and North
Carolina, 500 lb (227 kg), round weight.
(ii) Until the commercial ACL
specified in § 622.193(u)(2)(iii)(A) is
reached or is projected to be reached off
the Florida Keys and east coast of
Florida, and south of 25°09′ N. lat. off
the west coast of Florida, 25 lb (11 kg),
round weight.
(iii) See § 622.193(u)(1)(i) or (u)(2)(i)
for the limitations regarding hogfish
after a commercial ACL is reached.
(b) When a vessel fishes for hogfish on
a trip in the Gulf EEZ south of 25°09′
N. lat. off the west coast of Florida, the
vessel trip limit specified in paragraph
(a)(12)(ii) of this section applies,
provided persons aboard are not subject
to the bag limit. See § 622.11(a) and
§ 622.187(a) for applicability of the bag
limit.
■ 7. In § 622.193, revise paragraph (u) to
read as follows:
§ 622.193 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
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*
*
*
*
*
(u) Hogfish—(1) Hogfish off Georgia,
South Carolina, and North Carolina
(Georgia-North Carolina)—(i)
Commercial sector. (A) If commercial
landings for the Georgia-North Carolina
hogfish stock, as estimated by the SRD,
reach or are projected to reach the
commercial ACL specified in paragraph
(u)(1)(iii)(A) of this section, the AA will
file a notification with the Office of the
Federal Register to close the commercial
sector for the remainder of the fishing
year. On and after the effective date of
such a notification, all sale or purchase
of hogfish in or from the South Atlantic
EEZ off Georgia, South Carolina, and
North Carolina is prohibited, and
harvest or possession of this species is
limited to the bag and possession limits.
These bag and possession limits apply
to the Georgia-North Carolina hogfish
stock on board a vessel for which a valid
Federal commercial or charter vessel/
headboat permit for South Atlantic
snapper-grouper has been issued,
without regard to where such species
were harvested, i.e., in state or Federal
waters.
(B) If commercial landings for the
Georgia-North Carolina hogfish stock, as
estimated by the SRD, exceed the
commercial ACL specified in paragraph
(u)(1)(iii)(A) of this section, and the
combined commercial and recreational
ACL specified in paragraph (u)(1)(iii)(C)
of this section is exceeded during the
same fishing year, and the GeorgiaNorth Carolina hogfish stock is
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Jkt 241001
overfished based on the most recent
Status of U.S. Fisheries Report to
Congress, the AA will file a notification
with the Office of the Federal Register
to reduce the commercial ACL for the
stock in the following fishing year by
the amount of the commercial ACL
overage in the prior fishing year.
(ii) Recreational sector. (A) If
recreational landings for the GeorgiaNorth Carolina hogfish stock, as
estimated by the SRD, reach or are
projected to reach the recreational ACL
specified in paragraph (u)(1)(iii)(B) of
this section, the AA will file a
notification with the Office of the
Federal Register to close the recreational
sector for the remainder of the fishing
year regardless if the stock is overfished,
unless NMFS determines that no closure
is necessary based on the best scientific
information available. On and after the
effective date of such a notification, the
bag and possession limits for hogfish in
or from the South Atlantic EEZ off
Georgia, South Carolina, and North
Carolina are zero.
(B) If recreational landings for the
Georgia-North Carolina hogfish stock, as
estimated by the SRD, exceed the
recreational ACL specified in paragraph
(u)(1)(iii)(B) of this section, then during
the following fishing year recreational
landings will be monitored for a
persistence in increased landings. If
necessary, the AA will file a notification
with the Office of the Federal Register
to reduce the length of the following
recreational fishing season and
recreational ACL in the following
fishing year by the amount of the
recreational ACL overage if the GeorgiaNorth Carolina hogfish stock is
overfished, based on the most recent
Status of U.S. Fisheries Report to
Congress, and the combined commercial
and recreational ACL is exceeded
during the same fishing year to ensure
recreational landings do not exceed the
recreational ACL in the following
fishing year. NMFS will use the best
scientific information available to
determine if reducing the length of the
recreational fishing season and
recreational ACL is necessary. When a
recreational sector is closed as a result
of NMFS reducing the length of the
following recreational fishing season
and ACL, the bag and possession limits
for hogfish in or from the South Atlantic
EEZ off Georgia, South Carolina, and
North Carolina are zero.
(iii) ACLs for the Georgia-North
Carolina stock. This stock includes
hogfish off Georgia, South Carolina, and
North Carolina. All weights are given in
round weight.
(A) Commercial ACL—23,456 lb
(10,639 kg).
PO 00000
Frm 00013
Fmt 4701
Sfmt 4700
34595
(B) Recreational ACL—988 fish.
(C) The combined commercial and
recreational ACL for the Georgia-North
Carolina hogfish stock is 33,930 lb
(15,390 kg).
(2) Hogfish off the Florida Keys and
east coast of Florida, and south of
25°09′ N. lat. off the west coast of
Florida (Florida Keys-East Florida)—(i)
Commercial sector. (A) If commercial
landings for the Florida Keys-East
Florida hogfish stock, as estimated by
the SRD, reach or are projected to reach
the applicable commercial ACL
specified in paragraph (u)(2)(iii)(A) of
this section, the AA will file a
notification with the Office of the
Federal Register to close the commercial
sector for the remainder of the fishing
year. On and after the effective date of
such a notification, all sale or purchase
of hogfish in or from the EEZ off the
Florida Keys and east coast of Florida,
and south of 25°09′ N. lat. off the west
coast of Florida is prohibited, and
harvest or possession of this species is
limited to the bag and possession limits.
These bag and possession limits apply
for this hogfish stock on board a vessel
for which a valid Federal commercial or
charter vessel/headboat permit for
South Atlantic snapper-grouper has
been issued, without regard to where
such species were harvested, i.e., in
state or Federal waters.
(B) If commercial landings for the
Florida Keys-East Florida hogfish stock,
as estimated by the SRD, exceed the
applicable commercial ACL specified in
paragraph (u)(2)(iii)(A) of this section,
and the applicable combined
commercial and recreational ACL
specified in paragraph (u)(2)(iii)(C) of
this section is exceeded during the same
fishing year, and the stock is overfished
based on the most recent Status of U.S.
Fisheries Report to Congress, the AA
will file a notification with the Office of
the Federal Register to reduce the
commercial ACL for the stock in the
following fishing year by the amount of
the applicable commercial ACL overage
in the prior fishing year.
(ii) Recreational sector. (A) If
recreational landings for the Florida
Keys-East Florida hogfish stock, as
estimated by the SRD, reach or are
projected to reach the applicable
recreational ACL specified in paragraph
(u)(2)(iii)(B) of this section, the AA will
file a notification with the Office of the
Federal Register to close the recreational
sector for the remainder of the fishing
year regardless if the stock is overfished,
unless NMFS determines that no closure
is necessary based on the best scientific
information available. On and after the
effective date of such a notification, the
bag and possession limits for hogfish in
E:\FR\FM\25JYR3.SGM
25JYR3
34596
Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Rules and Regulations
asabaliauskas on DSKBBY8HB2PROD with RULES
or from the EEZ off the Florida Keys and
east coast of Florida, and south of 25°09′
N. lat. off the west coast of Florida are
zero.
(B) If recreational landings for the
Florida Keys-East Florida hogfish stock,
as estimated by the SRD, exceed the
applicable recreational ACL specified in
paragraph (u)(2)(iii)(B) of this section,
then during the following fishing year
recreational landings will be monitored
for a persistence in increased landings.
If necessary, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
the following applicable recreational
fishing season and recreational ACL in
the following fishing year by the amount
of the recreational ACL overage if the
Florida Keys-East Florida hogfish stock
is overfished, based on the most recent
Status of U.S. Fisheries Report to
Congress, and the applicable combined
commercial and recreational ACL is
exceeded during the same fishing year
to ensure recreational landings do not
exceed the recreational ACL in the
following fishing year. NMFS will use
the best scientific information available
to determine if reducing the length of
the recreational fishing season and
recreational ACL is necessary. When a
recreational sector is closed as a result
of NMFS reducing the length of the
following recreational fishing season
VerDate Sep<11>2014
21:00 Jul 24, 2017
Jkt 241001
and ACL, the bag and possession limits
for hogfish in or from the EEZ off the
Florida Keys and east coast of Florida,
and south of 25°09′ N. lat. off the west
coast of Florida are zero.
(iii) ACLs for the Florida Keys-East
Florida stock. This stock includes
hogfish off the Florida Keys and east
coast of Florida, and south of 25°09′ N.
lat. off the west coast of Florida.
(A) Commercial ACL. See the
following table. All weights are given in
round weight.
Year
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
Commercial ACL
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
3,510 lb (1,592 kg).
4,524 lb (2,052 kg).
5,670 lb (2,572 kg).
6,926 lb (3,142 kg).
8,277 lb (3,754 kg).
9,703 lb (4,401 kg).
11,179 lb (5,071 kg).
12,677 lb (5,750 kg).
14,167 lb (6,426 kg).
15,621 lb (7,086 kg).
17,018 lb (7,719 kg).
Recreational
ACL
2017 ......................................
2018 ......................................
2019 ......................................
PO 00000
Frm 00014
Fmt 4701
Sfmt 9990
2020
2021
2022
2023
2024
2025
2026
2027
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
15,689
18,617
21,574
25,086
29,096
33,358
37,671
41,934
46,046
49,949
53,610
(C) Combined commercial and
recreational ACL. See the following
table. The combined commercial and
recreational ACL is in numbers of fish.
Combined
commercial
and
recreational
ACL
Year
(B) Recreational ACL. See the
following table. The recreational ACL is
in numbers of fish.
Year
Recreational
ACL
Year
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
*
*
*
*
17,034
20,350
23,746
27,740
32,267
37,076
41,954
46,791
51,474
55,934
60,130
*
[FR Doc. 2017–15588 Filed 7–24–17; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\25JYR3.SGM
25JYR3
Agencies
[Federal Register Volume 82, Number 141 (Tuesday, July 25, 2017)]
[Rules and Regulations]
[Pages 34584-34596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15588]
[[Page 34583]]
Vol. 82
Tuesday,
No. 141
July 25, 2017
Part III
Department of Commerce
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National Oceanic and Atmospheric Administration
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50 CFR Part 622
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 37;
Final Rule
Federal Register / Vol. 82 , No. 141 / Tuesday, July 25, 2017 / Rules
and Regulations
[[Page 34584]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 160906822-7547-02]
RIN 0648-BG33
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 37
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS implements management measures described in Amendment 37
to the Fishery Management Plan for the Snapper-Grouper Fishery of the
South Atlantic Region (Amendment 37), as prepared and submitted by the
South Atlantic Fishery Management Council (South Atlantic Council).
This final rule modifies the fishery management unit (FMU) boundaries
for hogfish in the South Atlantic by establishing two hogfish stocks, a
Georgia through North Carolina (GA/NC) stock and a Florida Keys/East
Florida (FLK/EFL) stock; establishes a rebuilding plan for the FLK/EFL
hogfish stock; specifies fishing levels and accountability measures
(AMs), and modifies or establishes management measures for the GA/NC
and FLK/EFL stocks of hogfish. The purpose of this final rule is to
manage hogfish using the best scientific information available while
ending overfishing and rebuilding the FLK/EFL hogfish stock.
DATES: This final rule is effective August 24, 2017.
ADDRESSES: Electronic copies of Amendment 37 may be obtained from
www.regulations.gov or from the SERO Web site at http://sero.nmfs.noaa.gov. Amendment 37 includes a final environmental impact
statement (EIS), a Regulatory Flexibility Act (RFA) analysis,
regulatory impact review, and fishery impact statement.
FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, NMFS SERO, telephone:
727-824-5305, email: nikhil.mehta@noaa.gov.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South
Atlantic includes hogfish and is managed under the Fishery Management
Plan for the Snapper-Grouper Fishery of the South Atlantic Region
(FMP). The FMP was prepared by the South Atlantic Council and is
implemented by NMFS through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act).
On July 31, 2015, NMFS published a notice of intent to prepare a
draft EIS for Amendment 37 and requested public comment (80 FR 45641).
On June 17, 2016, the notice of availability for the draft EIS was
published and public comment was also requested (81 FR 39639). The
notice of availability for the final EIS for Amendment 37 published on
October 28, 2016 (81 FR 75053). On October 7, 2016, NMFS published a
Magnuson-Stevens Act notice of availability for Amendment 37 and
requested public comment (81 FR 69774). On December 16, 2016, NMFS
published a proposed rule for Amendment 37 and requested public comment
(81 FR 91104). On December 28, 2016, the Secretary of Commerce
(Secretary) approved Amendment 37 under section 304(a)(3) of the
Magnuson-Stevens Act. The proposed rule and Amendment 37 outline the
rationale for the actions contained in this final rule. A summary of
the management measures described in Amendment 37 and implemented by
this final rule is provided below.
Management Measures Contained in This Final Rule
This final rule revises the hogfish FMU in the FMP by establishing
two hogfish stocks, one in Federal waters off Georgia through North
Carolina and one in Federal waters in the area off the Florida Keys and
east Florida; specifies annual catch limits (ACLs) and AMs; and
modifies or establishes management measures for the GA/NC and FLK/EFL
stocks of hogfish. All weights of hogfish are described in round
weight.
FMU for Hogfish
Hogfish is managed in Federal waters in the South Atlantic region
from the jurisdictional boundary between the South Atlantic Council and
Gulf of Mexico Fishery Management Council (Gulf Council) (approximately
the Florida Keys) to the North Carolina and Virginia state border. This
final rule creates two stocks of hogfish in Federal waters and
establishes new stock boundaries under the jurisdiction of the South
Atlantic Council under the FMP. The first stock is the GA/NC hogfish
stock, with a southern boundary extending east from the Florida and
Georgia state border to the seaward boundary of the EEZ. The GA/NC
stock's management area then extends northward to a line extending east
from the North Carolina and Virginia state border to the seaward
boundary of the EEZ. The second stock is the FLK/EFL hogfish stock,
with a southern boundary at the 25[deg]09' N. lat. line off the west
coast of Florida, which is near Cape Sable. The FLK/EFL stock's
management area extends south of 25[deg]09' N. lat. off the west coast
of Florida, then east around South Florida, and then north off the east
coast of Florida to a line extending east from the Florida and Georgia
state border to the seaward boundary of the EEZ.
In accordance with section 304(f) of the Magnuson-Stevens Act, the
Gulf Council requested that the Secretary designate the South Atlantic
Council as the responsible Council for management of the FLK/EFL
hogfish stock in Gulf of Mexico (Gulf) Federal waters south of
25[deg]09' N. lat. off the west coast of Florida. The Gulf Council
approved Amendment 43 to the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (Amendment 43), and selected the same
boundary at the 25[deg]09' N. lat. line off the west coast of Florida,
which is near Cape Sable, to separate the FLK/EFL hogfish stock from
the hogfish stock managed under the Gulf Council's Reef Fish FMP (West
Florida hogfish stock). On November 23, 2016, NMFS published a proposed
rule in the Federal Register to implement Amendment 43 (81 FR 84538).
The Secretary approved Amendment 43 on February 2, 2017, under section
304(a)(3) of the Magnuson-Stevens Act and also approved the Gulf
Council's request for the revised boundary under section 304(f) of the
Magnuson-Stevens Act. A final rule to implement Amendment 43 published
on the same date as this final rule. Therefore, through this final
rule, the South Atlantic Council establishes the management measures
for the FLK/EFL hogfish stock, including in Gulf Federal waters south
of 25[deg]09' N. lat. off the west coast of Florida. Those commercial
vessels and recreational charter vessels and headboats (for-hire)
fishing for hogfish anywhere in Gulf Federal waters, i.e., north and
west of the jurisdictional boundary between the Gulf and South Atlantic
Councils (approximately at the Florida Keys), as defined at 50 CFR
600.105(c), are still required to have the appropriate Federal Gulf
reef fish permits, and vessels fishing for hogfish in South Atlantic
Federal waters, i.e., south and east of the jurisdictional boundary,
are still required to have the appropriate Federal South Atlantic
snapper-grouper permits.
[[Page 34585]]
All Federal permit holders are still required to follow the sale and
reporting requirements associated with the respective permits. Private
recreational anglers must also follow applicable management measures
implemented by this final rule for FLK/EFL hogfish in Gulf Federal
waters south of 25[deg]09' N. lat. off the west coast of Florida.
As described in Amendment 37, the revised stock boundary at the
25[deg]09' N. lat. line off the west coast of Florida will aid law
enforcement personnel because it coincides with an existing State of
Florida management boundary for certain state-managed species and will
simplify regulations across adjacent state and Federal management
jurisdictions.
ACLs and Optimum Yield for the GA/NC and FLK/EFL Hogfish Stocks
Because the most recent hogfish stock assessment, completed in 2014
through the Southeast Data, Assessment, and Review process (SEDAR 37),
was not deemed sufficient to specify an acceptable biological catch
(ABC) recommendation for the GA/NC stock of hogfish, the South Atlantic
Council's Scientific and Statistical Committee (SSC) applied Level 4 of
the South Atlantic Council's ABC control rule to arrive at their ABC
recommendation for this stock. Level 4 is appropriate for unassessed
stocks with only reliable catch data. Amendment 29 to the Snapper-
Grouper FMP updated the South Atlantic Council's ABC control rule,
including Level 4 for unassessed stocks (80 FR 30947, June 1, 2015).
For the GA/NC hogfish stock, this final rule and Amendment 37 specify
an ABC of 35,716 lb (16,201 kg), a total ACL and optimum yield (OY)
(equal to 95 percent of the ABC) of 33,930 lb (15,390 kg), and
commercial and recreational ACLs based on re-calculated sector
allocations of 69.13 percent to the commercial sector and 30.87 percent
to the recreational sector. Establishment of the new GA/NC stock
required re-calculation of the sector allocations based on the existing
formula from the South Atlantic Council's Comprehensive ACL Amendment
(77 FR 15916, March 16, 2012), to reflect the appropriate landings for
each sector from the relevant geographic region. Through this final
rule, the commercial ACL is set at 23,456 lb (10,639 kg) and the
recreational ACL is set at 988 fish. For the GA/NC stock of hogfish,
the South Atlantic Council decided to specify the ABC, total ACL, and
commercial ACL in pounds and the recreational ACL in numbers of fish.
The SSC considered the SEDAR 37 results sufficient to provide an
ABC recommendation for the FLK/EFL stock of hogfish, and the South
Atlantic Council concurred with their recommendation. The ABC for the
FLK/EFL stock is derived from projections in SEDAR 37, and the
projections were provided in both pounds and numbers of fish. The South
Atlantic Council determined that for the FLK/EFL stock of hogfish, it
was more appropriate to specify the ABC, OY, total ACL, and
recreational ACL in numbers of fish, and the commercial ACL in pounds
(since recreational landings are tracked in numbers of fish and
commercial landings are tracked in pounds). Therefore, Amendment 37
specifies an ABC of 17,930 fish for this stock, with annual increases
through 2027 when the ABC is 63,295 fish. The OY and total ACL are
equal to 95 percent of the ABC. The commercial and recreational ACLs
are based on re-calculated sector allocations of 9.63 percent to the
commercial sector and 90.37 percent to the recreational sector. As
discussed above, the re-calculated sector allocations are based on the
South Atlantic Council's existing allocation formula and are necessary
to reflect the appropriate landings for each sector from the relevant
geographic region of the new stock. For 2017, the total ACL (and OY) is
17,034 fish, the commercial ACL is 3,510 lb (1,592 kg) (which would be
1,345 fish), and the recreational ACL is 15,689 fish. Each of these
ACLs increase annually through 2027 as the stock rebuilds. In 2027, the
total ACL (and OY) for the FLK/EFL hogfish stock is 60,130 fish, the
commercial ACL is 17,018 lb (7,719 kg) (which would be 6,520 fish), and
the recreational ACL is 53,610 fish.
When possible, the South Atlantic Council prefers specifying the
recreational ACL in numbers of fish and the commercial ACL in pounds.
Their rationale is that recreational landings are already tracked in
numbers of fish while commercial landings are tracked in pounds.
Because Amendment 37 and this final rule also increase the minimum size
limits for the GA/NC and FLK/EFL hogfish stocks, specifying certain
catch levels in pounds could potentially increase the risk of exceeding
the ABCs for the hogfish stocks because larger fish are heavier.
Therefore, the South Atlantic Council determined that there would be a
lower risk of exceeding the recreational ACLs due to an increase in the
minimum size limits if certain catch levels, such as ABC and
recreational ACL, were specified in numbers of fish. For the GA-NC
stock of hogfish, the recreational ACL was converted from pounds to
numbers of fish using an average recreational weight of 10.6 lb (5 kg)
per fish in round weight. Appendix N to Amendment 37 includes a
detailed account of the methodology used to specify the recreational
ACL for the FLK/EFL stock of hogfish in numbers of fish.
AMs for the Commercial and Recreational Sectors for Both the GA/NC and
FLK/EFL Hogfish Stocks
This final rule retains the existing in-season and post-season AMs
applicable for the single South Atlantic-wide hogfish stock for the
commercial sector and applies them to both the GA/NC and FLK/EFL
hogfish stocks. The commercial AMs for the GA/NC and FLK/EFL hogfish
stocks consist of an in-season closure of the commercial sector if the
applicable commercial ACL is met or is projected to be met. If a
commercial ACL is exceeded, a post-season AM would reduce the
commercial ACL for the applicable hogfish stock by the amount of the
commercial ACL overage during the following fishing year if the total
ACL (commercial ACL plus recreational ACL) is also exceeded and the
applicable hogfish stock is overfished.
This final rule also retains the existing recreational AMs
applicable for the single South Atlantic-wide hogfish stock and applies
them to both the GA/NC and FLK/EFL hogfish stocks. The recreational AMs
for the GA/NC and FLK/EFL hogfish stocks consist of an in-season
closure of the recreational sector if the applicable recreational ACL
is met or is projected to be met. If a recreational ACL is exceeded,
then during the following fishing year, NMFS will monitor for continued
increased landings of the applicable hogfish stock. If necessary, NMFS
will reduce the length of the recreational season and the recreational
ACL for the applicable hogfish stock by the amount of the recreational
ACL overage if the total ACL is also exceeded and the applicable
hogfish stock is overfished.
Minimum Size Limits for the GA/NC and FLK/EFL Hogfish Stocks
For both the commercial and recreational sectors, this final rule
increases the minimum size limit to 17 inches (43.2 cm), FL, for the
GA/NC hogfish stock, and 16 inches (40.6 cm), FL, for the FLK/EFL
hogfish stock. The South Atlantic Council determined these minimum size
limits serve as a precautionary approach to address population
stability for hogfish off Georgia through North Carolina, and reduce
disruption to spawning, avoid recruitment overfishing, and benefit the
[[Page 34586]]
spawning populations off the Florida Keys and east Florida.
Commercial Trip Limit for the GA/NC and FLK/EFL Hogfish Stocks
This final rule establishes commercial trip limits of 500 lb (227
kg) for the GA/NC stock, and 25 lb (11 kg) for the FLK/EFL stock. The
South Atlantic Council recommended a 500-lb (227-kg) commercial trip
limit for the GA/NC stock to enable commercial harvest in that
geographic area to take place year-round. Furthermore, as described in
Amendment 37, the majority of commercial fishermen landed 25 lb (11 kg)
or less of hogfish per trip in the area off the Florida Keys and east
Florida area. The South Atlantic Council determined that implementing a
commercial trip limit of 25 lb (11 kg) for the FLK/EFL hogfish stock
would restrict some harvest and help to prevent a commercial in-season
closure.
Recreational Bag Limits for the GA/NC and FLK/EFL Hogfish Stocks
This final rule establishes a recreational bag limit for each
person of one fish per day in Federal waters for the FLK/EFL hogfish
stock, and a recreational bag limit for each person of two fish per day
in Federal waters for the GA/NC hogfish stock. The South Atlantic
Council determined that these bag limits would reduce harvest and help
to prevent a recreational in-season closure.
Recreational Fishing Season for the FLK/EFL Hogfish Stock
This final rule establishes a recreational fishing season from May
through October for the FLK/EFL hogfish stock, with recreational
harvest prohibited from January through April and from November through
December during each fishing year. As described in Amendment 37,
hogfish spawning activity occurs predominantly during the months of
December through April. Analysis in Amendment 37 showed that, in
combination with the recreational ACLs, minimum size limit, and
recreational bag limit implemented through this final rule, a 6-month
recreational fishing season would help to maintain recreational
landings within the recreational ACL for the FLK/EFL hogfish stock. The
South Atlantic Council determined that specifying a May through October
fishing season would protect the overfished FLK/EFL hogfish stock
during the peak spawning season, and the ACLs and AMs in this final
rule will help ensure overfishing does not occur. The South Atlantic
Council decided not to establish a recreational fishing season for the
GA/NC hogfish stock because that stock does not seem to be experiencing
heavy fishing pressure, and the average recreational landings in recent
years have been well below the recreational ACL established by this
final rule.
Management Measures Contained in Amendment 37 but Not Codified Through
This Final Rule
In addition to the management measures that this final rule
implements, Amendment 37 includes actions to specify fishing levels and
recreational annual catch targets (ACTs) for the GA/NC and FLK/EFL
hogfish stocks, and establish a rebuilding plan for the FLK/EFL hogfish
stock.
Maximum Sustainable Yield and Minimum Stock Size Threshold for the GA/
NC and FLK/EFL Hogfish Stocks
Amendment 37 specifies the maximum sustainable yield (MSY) for the
GA/NC and FLK/EFL stocks of hogfish as equal to the yield produced by
the fishing mortality rate at MSY (FMSY) or the
FMSY proxy, with the MSY and FMSY proxy
recommended by the most recent stock assessment. Based on SEDAR 37, the
resulting MSY for the FLK/EFL hogfish stock is 346,095 lb (156,986 kg)
(which would be 108,264 fish), and is unknown for the GA/NC hogfish
stock. Amendment 37 specifies the minimum stock size threshold (MSST)
for these two stocks of hogfish at 75 percent of spawning stock biomass
at MSY (SSBMSY), which results in an unknown MSST value for
the GA/NC hogfish stock, and an MSST for the FLK/EFL hogfish stock of
1,725,293 lb (782,580 kg).
Recreational ACTs for the GA/NC and FLK/EFL Hogfish Stocks
Amendment 37 specifies a recreational ACT (equal to 85 percent of
the recreational ACL) of 840 fish for the GA/NC stock and 13,335 fish
for the FLK/EFL stock in 2017. The recreational ACT for the FLK/EFL
stock increases annually from 2017 through 2027 as the stock rebuilds.
NMFS notes that the recreational ACTs are used only for monitoring and
do not trigger an AM.
Rebuilding Plan for the FLK/EFL Hogfish Stock
Because the FLK/EFL hogfish stock is overfished, Amendment 37
establishes a rebuilding plan that sets the ABC equal to the yield at a
constant fishing mortality rate and rebuilds the stock in 10 years with
a 72.5 percent probability of success. Year 1 of the rebuilding plan is
2017 and 2027 is the last year. The South Atlantic Council's SSC
indicated that harvest levels recommended in the Amendment 37
rebuilding plan are sustainable and would achieve the goal of
rebuilding the FLK/EFL hogfish stock. The ABC for the FLK/EFL hogfish
stock is 17,930 fish in 2017 and increases annually through 2027, when
the ABC is 63,295 fish.
Comments and Responses
A total of 33 comments were received on the notice of availability
and proposed rule for Amendment 37 from individuals, and commercial,
private recreational, and for-hire (charter) recreational fishing
entities. The majority of comments were in general opposition to the
large number of actions in Amendment 37, but most comments supported
the need for some protection of hogfish, especially in the Florida
Keys. The majority of comments supporting additional protection for
hogfish were in favor of the increase in the minimum size limits for
the FLK/EFL stock, but opposed the reduction in the recreational bag
limits and recreational fishing season for the FLK/EFL stock. Comments
that specifically relate to the actions contained in Amendment 37 and
the proposed rule, as well as NMFS' respective responses, are
summarized below.
Comment 1: NMFS should not modify the snapper-grouper FMU to create
separate stocks of hogfish as proposed in Amendment 37. The regulations
proposed by the Gulf Council in Amendment 43 and the proposal by the
State of Florida to pass compatible regulations in state waters
conflict with Amendment 37. Inconsistent rules for different regions
create confusion, lead to costly government administration, and makes
compliance difficult.
Response: The South Atlantic Council determined that based on the
most recent stock assessment for hogfish, it is appropriate to manage
these two stocks of hogfish separately, and NMFS agrees. The most
recent stock assessment was completed in 2014 (SEDAR 37), and
identified two separate stocks of hogfish in the South Atlantic region,
and one stock of hogfish in the Gulf (West Florida hogfish stock).
Within the South Atlantic region, one stock of hogfish was identified
to exist off North Carolina, South Carolina, and Georgia (GA/NC stock);
and a separate stock of hogfish was identified to exist off the Florida
Keys and east Florida (FLK/EFL stock). Therefore, the final rule for
Amendment 37 modifies the snapper-grouper FMU for hogfish into two
stocks in the South Atlantic region (GA/NC and FLK/EFL) based on the
best scientific information available.
NMFS disagrees that the regulations specific to the FLK/EFL stock
boundary
[[Page 34587]]
in Amendment 37 conflict with the stock boundary in Amendment 43 or
with the State of Florida's proposed changes to their regulations. The
Gulf Council approved Amendment 43, which has the same boundary as the
South Atlantic Council's Amendment 37 to separate the FLK/EFL hogfish
stock from the West Florida hogfish stock. Both Amendment 37 and
Amendment 43 have been approved by the Secretary, and the Gulf Council
will continue to manage hogfish in Federal waters north of 25[deg]09'
N. lat. off the west coast of Florida. The South Atlantic Council will
establish the management measures for the FLK/EFL hogfish stock,
including in Gulf Federal waters south of 25[deg]09' N. lat. (near Cape
Sable, Florida). This new boundary will avoid confusion for the public,
and will aid law enforcement and fishermen by making regulations for
hogfish consistent off the entire Florida Keys and east coast of
Florida.
While some management measures for hogfish in Amendment 43 will be
different when compared with those in Amendment 37, the two FMPs
concern separate stocks of hogfish, and NMFS disagrees that the
management measures in Amendment 37 conflict with the management
measures recently approved by the Florida Fish and Wildlife
Conservation Commission (FWC). In November 2016, the Florida FWC
approved regulations compatible with certain management measures in
Amendment 43 and Amendment 37 for minimum size limits and recreational
bag limits for hogfish in Florida state waters of the Gulf of Mexico
and South Atlantic. These state regulations are identical to the
minimum size limits and recreational bag limits implemented by the
final rules for Amendment 43 and Amendment 37. The Florida FWC also
approved a recreational fishing season in state waters adjacent to the
FLK/EFL FMU; this recreational fishing season in state waters is
identical to the recreational fishing season specified in Amendment 37
and in this final rule. The Florida FWC intends to file a notice of
intent to adopt Federal regulations for hogfish in its state waters of
the Gulf and South Atlantic when the final rules to implement Amendment
43 and Amendment 37 publish in the Federal Register. Therefore,
consistent regulations will apply for hogfish in state and Federal
waters off Florida in the respective stock areas. Also, see the
response to Comment 2, below, regarding management measures for hogfish
in the Gulf and South Atlantic regions.
Comment 2: Modifying the snapper-grouper FMU for hogfish at the
25[deg]09' N. lat. line off the west coast of Florida in the Gulf will
create inconsistent regulations for commercial trip limits on either
side of this demarcation. This action will also adversely affect
fishers who do not have Federal commercial permits for both South
Atlantic snapper-grouper and Gulf reef fish.
Response: NMFS agrees that commercial management measures differ
depending on whether hogfish are harvested north or south of 25[deg]09'
N. lat. off the west coast of Florida, as no commercial trip limit
applies north of that point in the Gulf. SEDAR 37 determined that the
West Florida hogfish stock is neither overfished, nor undergoing
overfishing, and the Gulf Council did not select a commercial trip
limit for that stock. However, SEDAR 37 concluded that the FLK/EFL
stock is overfished and undergoing overfishing. Therefore, the South
Atlantic Council determined that a commercial trip limit was needed to
help end overfishing and rebuild this stock. The South Atlantic Council
determined that implementing a commercial trip limit of 25 lb (11 kg)
for the FLK/EFL hogfish stock would restrict some harvest to assist in
rebuilding this stock and help to lengthen the commercial season under
the reduced commercial ACL.
NMFS disagrees that this final rule will adversely affect fishers
not holding both commercial fishing permits. As discussed above, this
final rule modifies the snapper-grouper FMU for hogfish and implements
consistent regulations across adjacent state and Federal management
jurisdictions in the respective stock areas, helps avoid confusion
among the public, and assists law enforcement. However, this final rule
will not modify the existing Federal commercial permit requirements.
Vessels fishing for hogfish in Gulf Federal waters, as defined at 50
CFR 600.105(c), will still be required to have the appropriate Federal
Gulf reef fish permits, including when fishing for the FLK/EFL stock
managed by the South Atlantic Council between the Councils'
jurisdictional boundary and the 25[deg]09' N. lat. line off the west
coast of Florida. Conversely, vessels fishing for hogfish in South
Atlantic Federal waters will still be required to have the appropriate
Federal South Atlantic snapper-grouper permits. Federal permit holders
will continue to be required to follow the existing sale and logbook
reporting requirements associated with the respective permits. NMFS
recognizes that maintaining existing permitting requirements minimizes
confusion and avoids unnecessarily burdening those fishing for hogfish
under Federal permits, while still meeting both Councils' management
needs.
Comment 3: NMFS should increase the minimum size limit of hogfish
to 14 or 15 inches (35.6 and 38.1 cm), fork length (FL), but not to 16
inches (40.6 cm), FL, for the FLK/EFL stock of hogfish. Increasing the
minimum size limit to 16 inches (40.6 cm), FL, will result in an
increase in discards and discard mortality related to barotrauma,
especially when hogfish are harvested from deep water.
Response: As discussed in Amendment 37, the biological benefits to
the FLK/EFL hogfish stock are greater with the larger minimum size
limit of 16 inches (40.6 cm), FL, compared with 14 or 15 inches (35.6
and 38.1 cm), FL. The minimum size limit of 16 inches (40.6 cm), FL, is
comparatively less disruptive to spawning aggregations and helps to
rebuild the FLK/EFL hogfish stock. Hogfish begin life as females and
eventually become male if they reach an older age, depending on their
environmental conditions. Hogfish also form harems; one male will spawn
with several females during spawning seasons that last for months. The
number and gender of hogfish in a group influences the size and age
range at which sexual transition occurs. Removal of the dominant male
has the potential to significantly affect harem stability and decrease
reproductive potential. Larger minimum size limits provide hogfish more
opportunities to form harems and transition from females to males, and
the South Atlantic Council determined 16 inches (40.6 cm), FL, is the
appropriate minimum size limit for this stock of hogfish. In addition,
while NMFS agrees that barotrauma may result in the mortality of fish
when brought up to the surface from deep water, bycatch and discards
would not be expected to increase substantially as a result of an
increase in the minimum size limit to 16 inches (40.6 cm), FL, because
the dominant mode of harvest is by spearfishing, which is highly
selective, and fishers using this gear would be expected to be able to
visually recognize a 16 inch (40.6 cm), FL, fish and, therefore, target
legal-sized fish. NMFS is working with the South Atlantic Council on
developing methods that could be considered in the future as measures
to further reduce mortality resulting from barotrauma (such as removing
the minimum size limit for deep-water species, requiring the use of
descending devices, and recommending or requiring hook types for
various species in the snapper-grouper FMU).
Comment 4: NMFS should not implement a 500-lb (227-kg) commercial
[[Page 34588]]
trip limit for the GA/NC stock of hogfish. Very few commercial
spearfishers target this stock, which has rarely met the commercial
ACL, and the catch history has remained consistent.
Response: As discussed in Amendment 37, 1 percent of commercial
trips landed 500 lb (227 kg) or more of hogfish per trip off Georgia
through North Carolina during 2012-2014. Average commercial landings
during 2012-2014 were less than the commercial ACL for 2017 implemented
by this final rule, and the 2017 commercial ACL is not expected to be
reached under the 500-lb (227-kg) commercial trip limit under current
fishing practices. However, the South Atlantic Council is concerned
that commercial fishermen may shift effort from the FLK/EFL stock to
the GA/NC stock because of the restrictions to the FLK/EFL stock.
Because hogfish are more accessible to fishermen when they aggregate to
reproduce, the South Atlantic Council determined that this commercial
trip limit is a precautionary measure to help prevent localized
depletion of the stock. Additionally, the South Atlantic Council
determined a 500-lb (227-kg) commercial trip limit will help to ensure
commercial harvest can take place year-round in this area.
Comment 5: A reduction of the recreational bag limit for the FLK/
EFL stock of hogfish to 1 fish per person per day is excessive and will
deter anglers from taking trips on charter vessels and headboats. The
recreational bag limit for the FLK/EFL stock of hogfish should be 2 to
5 fish per person per day. The economic data for headboats in Amendment
37 for this action is inaccurate and flawed. Reducing the recreational
bag limit to 3 fish per person per day combined with the actions to
reduce the minimum size limit and a recreational fishing season would
re-build the FLK/EFL stock of hogfish without having a large economic
impact.
Response: The South Atlantic Council chose a recreational bag limit
of 1 fish per person per day as their preferred alternative to extend
the length of the recreational fishing season, while also helping to
end overfishing and rebuild this overfished stock. The data in
Amendment 37 show that few fishermen in the South Atlantic region catch
more than 1 fish per day on recreational trips. According to data from
the Marine Recreational Information Program (MRIP) from private
recreational and charter trips during 2012-2014, approximately 60
percent of these trips harvested 1 or no hogfish per person per day, 78
percent harvested 2 hogfish per person per day or less, 14 percent
harvested 3 to 4 hogfish per person per day, and only 8 percent of the
trips harvested 5 hogfish or more per person per day. Among headboat
trips, 87 percent harvested 1 hogfish, 10 percent harvested 2 hogfish,
1 percent harvested 3 hogfish, and 2 percent harvested more than 5
hogfish per vessel per day.
In addition, the recreational bag limit of 1 fish per person per
day is predicted to result in a longer recreational fishing season than
bag limits of 2 to 5 fish per person per day. Analysis in Amendment 37
concludes that the recreational sector will be open for most of the
annual May through October recreational season (182 days open out of
184 calendar days) under the bag limit of 1 fish per person per day.
NMFS disagrees that the economic data in Amendment 37 is inaccurate
and flawed. Amendment 37 used the best scientific information available
to analyze the economic effects of bag limit reductions on the
recreational fishing sector. Trip-level landings estimates from MRIP
and average harvest per angler data from the Southeast Region Headboat
Survey (SRHS) demonstrated that the majority of anglers kept only 1
hogfish or less per person per trip from 2012 through 2014.
Additionally, MRIP data (2012 through 2014) showed that on charter
trips, hogfish were typically harvested with other species, and on
average, greater numbers of non-hogfish than hogfish species were kept.
Therefore, changes to the recreational bag limit, in general, likely
would not result in changes in for-hire angler behavior, such as
cancellation of pre-booked for-hire trips or a reduction in booking
rates for future trips. NMFS acknowledges that uncertainty associated
with the recreational survey data exists, and that some for-hire
businesses may be negatively affected by the reduction to the bag
limit. However, some for-hire businesses may benefit from the longer
hogfish recreational season that is expected to result from the
reduction in the bag limit. Due to the complex nature of angler
behavior and of the for-hire industry, available data are insufficient
to quantify all of these potential economic effects on individual for-
hire businesses.
Comment 6: NMFS should not implement a closure of the recreational
fishing season for the FLK/EFL stock of hogfish. If a closure is
implemented, it should include the commercial sector as well.
Response: This final rule establishes a recreational fishing season
from May through October for the FLK/EFL hogfish stock, with
recreational harvest prohibited from January through April and from
November through December during each fishing year to protect spawning
fish, maintain landings within the recreational ACL for the FLK/EFL
stock, and allow the stock to rebuild. As described in Amendment 37,
hogfish spawning activity occurs predominantly during the months of
December through April, and begins (and ends) slightly earlier in the
Florida Keys than on the West Florida shelf (e.g., from the Florida
panhandle south along the west coast of Florida to Naples, Florida).
Analysis in Amendment 37 demonstrated that for the FLK/EFL hogfish
stock, in combination with the recreational ACL, minimum size limit,
and recreational bag limit, a 6-month recreational fishing season would
help to maintain recreational landings within the recreational ACL and
rebuild this overfished stock.
NMFS disagrees that the seasonal closure should apply to the
commercial sector. The South Atlantic Council previously established
sector allocations for the hogfish stock ACL of 9.63 percent to the
commercial sector and 90.37 percent to the recreational sector. Neither
Amendment 37 nor this final rule changes these sector allocations for
the FLK/EFL hogfish stock. The South Atlantic Council determined that
an increase in the minimum size limit to 16 inches (40.6 cm), FL, and a
commercial trip limit of 25 lb (11 kg) would achieve the necessary
reduction in commercial harvest to help eliminate overfishing and
rebuild the FLK/EFL hogfish stock, and to maintain commercial landings
within the commercial ACL.
Comment 7: The FLK/EFL stock of hogfish is not currently
overfished. The science and data that claim this stock is overfished is
incorrect and is a result of biased sampling methods.
Response: NMFS disagrees. Amendment 37 and this final rule respond
to the latest stock assessment for hogfish (SEDAR 37), which determined
that the FLK/EFL stock of hogfish is overfished and undergoing
overfishing. The SEDAR process is a peer-reviewed cooperative effort to
assess the status of stocks in the southeast region, involving the
South Atlantic, Caribbean, and Gulf of Mexico Fishery Management
Councils; NMFS Southeast Fisheries Science Center (SEFSC), NMFS
Southeast Regional Office, and the NMFS Highly Migratory Species
Division; and the Atlantic and Gulf States Marine Fisheries
Commissions. SEDAR also relies on state agencies and universities
throughout the region for research, data collection, and stock
assessment expertise. The Florida FWC completed
[[Page 34589]]
the stock assessment for hogfish under the SEDAR process, and used
landings data from both state and Federal waters. Fisheries-dependent
and independent data were also utilized in the stock assessment. Data
included commercial harvest by gear type (hook-and-line and spear) and
source (trip tickets and logbooks), and recreational harvest by gear
type and from private anglers and charter vessels and headboats (MRIP
and SRHS). The South Atlantic Council's SSC considered SEDAR 37 as the
best scientific information available, and the SEFSC certified
Amendment 37 as the best scientific information available.
Additional Change to Codified Text Not in Amendment 37
In addition to the measures described for Amendment 37, this final
rule corrects an error in Table 1 to Sec. 622.1--FMPs Implemented
Under Part 622. In 2013, the final rule for Amendment 27 to the FMP
inadvertently removed two footnotes from the entry for the FMP in Table
1 of Sec. 622.1 (78 FR 78770, December 27, 2013). This final rule
corrects that error and inserts those footnotes back into the entry for
the FMP in Table 1 of Sec. 622.1.
Classification
The Regional Administrator for the NMFS Southeast Region has
determined that this final rule is consistent with Amendment 37, the
FMP, the Magnuson-Stevens Act, and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the statutory basis for this
final rule. Amendment 37 and the preamble to this final rule provide a
statement of the need for and objectives of 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 final rule.
In compliance with section 604 of the RFA, NMFS prepared a final
regulatory flexibility analysis (FRFA) for this final rule. The FRFA
follows.
Public comments relating to socio-economic implications and
potential impacts on small businesses are addressed in the response to
Comment 5 in the Comments and Responses section of this final rule. No
changes to this final rule were made in response to these public
comments. No comments were received from the Office of Advocacy for the
Small Business Administration.
NMFS agrees that the South Atlantic Council's choice of preferred
alternatives will best achieve their objectives for Amendment 37 while
minimizing, to the extent practicable, the adverse effects on fishers,
support industries, and associated communities.
NMFS expects this final rule to directly affect all federally-
permitted commercial vessels and recreational anglers that fish for or
harvest hogfish in Federal waters of the South Atlantic, and those that
fish in Federal waters of the Gulf of Mexico between the Gulf and South
Atlantic Council jurisdictional boundary and the new FLK/EFL hogfish
stock boundary at the 25[deg]09' N. lat. line off the west coast of
Florida. As discussed in Amendment 37, the data used to assign landings
to stock areas and monitor the ACL do not have high enough spatial
resolution to estimate the specific fishing activity that occurs in the
area between the Councils' jurisdictional boundary and the new FLK/EFL
hogfish stock boundary at the 25[deg]09' N. lat. line off the west
coast of Florida. The management boundary for this stock of hogfish was
selected by the South Atlantic Council because it coincides with the
State of Florida's Pompano Endorsement Zone boundary, and would
simplify regulations and aid in the enforcement of management
regulations. Based on public testimony and comments, the South Atlantic
Council concluded that the boundary line at 25[deg]09' N. lat. off the
west coast of Florida is far enough north of the Florida Keys and far
enough south of Naples and Marco Island, Florida, such that it is in an
area where fishing for hogfish is not a popular activity. This boundary
line would not impact current approaches to ACL monitoring, and it
would help simplify regulations for commercial vessels that fish for
hogfish in both Gulf and South Atlantic Federal waters around the
Florida Keys. In addition, it would be unlikely for fishermen to
harvest hogfish belonging to the West Florida stock in the Gulf and
then travel south for a long distance to land those fish in the South
Atlantic. It is important to note that on the west coast of Florida,
there are very few ports in Monroe County north of the Florida Keys,
and this area is comprised in large part by the Everglades National
Park. Based on the relatively small size of the area between the
Councils' jurisdictional boundary and the new FLK/EFL hogfish stock
boundary at the 25[deg]09' N. lat. line off the west coast of Florida,
as well as the public comments received and South Atlantic Council
discussions, NMFS expects that commercial hogfish landings from this
area in the Gulf will be minimal. For all of the aforementioned
reasons, the analysis conducted for Amendment 37, and summarized here,
used commercial landings data exclusive to Federal waters of the South
Atlantic off the State of Florida as a proxy for commercial landings in
the new FLK/EFL stock area (including the area in the Gulf EEZ). This
data was used to both identify affected vessels and estimate the
economic effects of this final rule on those vessels. NMFS expects
commercial hogfish landings from the FLK/EFL stock and harvested from
the Gulf EEZ to be below the level that would change any of the
assumptions or conclusions of the following analysis.
This final rule will not directly apply to or regulate for-hire
vessels, because for-hire vessels sell fishing services to recreational
anglers and the changes to the hogfish management measures in this
final rule will not directly alter the services sold by these vessels.
However, the changes will affect when recreational anglers on for-hire
trips are allowed to fish for or retain hogfish, as well as the
quantity and size of hogfish that are harvested. Any change in demand
for for-hire fishing services, and associated economic effects, as a
result of this final rule would be a consequence of behavioral change
by anglers, secondary to any direct effect on anglers and, therefore,
an indirect effect of the final rule. Because the effects on for-hire
vessels are indirect, they fall outside the scope of the RFA. For-hire
captains and crew are permitted to retain hogfish under the
recreational bag limit; however, they are not permitted to sell these
fish. As such, for-hire captains and crew are only affected as
recreational anglers. For purposes of the RFA, NMFS does not consider
recreational anglers to be small entities, so they are outside the
scope of this analysis, and only the impacts on commercial vessels will
be discussed.
As of May 25, 2016, there were 552 valid or renewable Federal South
Atlantic snapper-grouper unlimited commercial permits and 116 valid or
renewable 225-lb (102-kg) trip-limited commercial permits. Each of
these commercial permits is associated with an individual vessel. Data
from the years of 2010 through 2014, the most recent data available at
the time the analysis was conducted, were used in Amendment 37 and
these data provided the basis for the South Atlantic Council's
decisions. Although this final rule applies to all Federal commercial
snapper-grouper permit holders, NMFS expects that only the vessels that
harvest hogfish will be affected. On average from 2010 through 2014,
there
[[Page 34590]]
were 135 federally-permitted commercial fishing vessels with reported
landings of hogfish. Their average annual vessel-level revenue from all
species for 2010 through 2014 was approximately $59,000 (2014 dollars).
During this period, there were an average of 62 vessels that harvested
hogfish in the GA/NC stock area and 77 vessels that harvested hogfish
in the FLK/EFL stock area. Their average annual revenue from all
species (2010 through 2014) was approximately $83,000 and $44,000 (2014
dollars) in the two stock areas, respectively. Some of these vessels
reported hogfish landings from both stock areas and are, therefore,
included in the vessel counts for both stock areas. The maximum annual
revenue for all species reported by a single one of the 135 vessels
identified above, in 2014, was approximately $1 million (2014 dollars).
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 its affiliates), and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide. All of the commercial vessels directly
regulated by this final rule are believed to be small entities based on
the NMFS size standard.
No other small entities that will be directly affected by this
final rule have been identified.
There are currently 668 federally-permitted commercial vessels
eligible to fish for the snapper-grouper species managed under the FMP.
Based on the analysis included in Amendment 37, NMFS expects 135 of
these vessels will be affected by this final rule (approximately 20
percent). Because all entities expected to be affected by this final
rule are small entities, NMFS has determined that this final rule will
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 final rule modifies the snapper-grouper FMU for hogfish,
specifying two stocks of hogfish in the EEZ: (1) a GA/NC stock from the
Georgia/Florida state boundary north to the North Carolina/Virginia
state boundary, and (2) a FLK/EFL stock from the Florida/Georgia state
boundary on the east coast of Florida, south around the Florida Keys,
and then north to the 25[deg]09' N. lat. line off the west coast of
Florida. Amendment 37 also specifies MSY and MSST values for each of
these stocks. For both the GA/NC and FLK/EFL stocks, MSY is set equal
to the yield produced by FMSY or the FMSY proxy
(F30%SPR) and MSST is set equal to 75 percent of
SSBMSY. Specifying separate hogfish stocks, as well as
management reference points (MSY and MSST) for those stocks, is not
expected to directly alter the current harvest of the hogfish resource.
Therefore, these changes are not expected to have any direct economic
effects on any small entities. They do, however, influence other
components of this final rule that are expected to have direct economic
effects.
This final rule also establishes a total ACL of 33,930 lb (15,390
kg) for the GA/NC stock of hogfish, which is equal to 95 percent of the
ABC recommended by the Council's SSC. Using the existing allocation
formula specified in the Comprehensive ACL Amendment and landings data
specific to the GA/NC stock area, the commercial ACL for the GA/NC
stock of hogfish will be set constant at 23,456 lb (10,639 kg). Based
on average annual landings for 2012 through 2014 off Georgia through
North Carolina, the commercial sector would be expected to land only
20,534 lb (9,314 kg) under the status quo in 2017, with an estimated
ex-vessel value of $76,797 (2014 dollars). Because the commercial ACL
is greater than the estimated status quo commercial landings for 2017,
it is not expected to have any short-term direct negative economic
effects on commercial vessels. Due to increasing uncertainty as
projections extend further into the future, status quo commercial
landings estimates for years subsequent to 2017 were not calculated.
The commercial ACL for the GA/NC stock in this final rule provides the
potential for landings to increase by 2,922 lb (1,325 kg) relative to
average historical commercial landings (2012 through 2014). Using the
average annual hogfish price per pound from 2012 through 2014, this
represents a potential increase in ex-vessel revenue of $10,928 (2014
dollars) overall. Divided by the average number of commercial vessels
that harvested hogfish in the GA/NC stock area from 2010 through 2014,
this would be an increase of approximately $176 per vessel.
In addition, Amendment 37 establishes a rebuilding plan, beginning
in 2017, for the FLK/EFL stock, which sets ABC equal to the yield at a
constant fishing mortality rate and rebuilds the stock in 10 years with
a 72.5 percent probability of rebuilding success. This rebuilding plan
provides the basis for setting ACLs but does not directly alter the
current harvest of the hogfish resource. Therefore, it is not expected
to have direct economic effects on any small entities.
This final rule also establishes a total ACL, in numbers of fish,
for the FLK/EFL stock of hogfish for 2017 through 2027. The total ACL
each year will be set equal to 95 percent of the ABC values specified
in the rebuilding plan. In 2017, the total ACL will be 17,034 fish and
will increase each year until reaching 60,130 fish in 2027. Using the
existing allocation formula specified in the Comprehensive ACL
Amendment and landings data specific to the FLK/EFL stock area, the
commercial ACL for the FLK/EFL stock of hogfish will be set at 3,510 lb
(1,592 kg) in 2017 and will increase each year until reaching 17,018 lb
(7,719 kg) in 2027. In Amendment 37, a time series model was fit to
historical landings data (1997 through 2014) for the FLK/EFL stock area
in order to project commercial landings under the status quo in 2017.
The commercial sector would be expected to land an estimated 20,380 lb
(9,244 kg) of hogfish under the status quo in 2017, worth $76,213 (2014
dollars). Due to increasing uncertainty as projections extend further
into the future, status quo commercial landings estimates for years
subsequent to 2017 were not calculated. Assuming the commercial ACL for
FLK/EFL hogfish is harvested in full, it will represent a reduction in
ex-vessel revenue of $63,086 (2014 dollars), or 83 percent, relative to
estimated 2017 status quo revenue. This assumes that ex-vessel revenue
from other commercially harvested species will not be substituted for
the loss in hogfish revenue. Dividing the aforementioned reduction in
ex-vessel revenue by the average number of commercial vessels that
harvested hogfish in the FLK/EFL stock area from 2010 through 2014,
results in a decrease of approximately $819 (2014 dollars) per vessel.
NMFS assumes that ex-vessel revenue from FLK/EFL hogfish will increase
relative to the annual increases in the commercial ACL from 2017
through 2027, and NMFS expects the negative economic effects of this
final rule on commercial vessels to decrease each year after 2017.
This final rule increases the commercial minimum size limit for
both stocks of hogfish as well. The minimum size limit for the GA/NC
stock is increased from 12 inches (30.5 cm), FL, to 17 inches (43.2
cm), FL, and the minimum size limit for the FLK/EFL stock is increased
from 12 inches (30.5 cm), FL, to 16 inches (40.6 cm), FL.
[[Page 34591]]
The minimum size limit increase in this final rule for the GA/NC
stock was estimated to reduce commercial landings by only 406 lb (184
kg) in 2017. This translates into a $1,478 (2014 dollars) reduction in
ex-vessel revenue overall, or $24 per vessel. This assumes that ex-
vessel revenue from other species will not be substituted for the loss
in hogfish revenue. Under the commercial ACL for GA/NC hogfish, the
season is expected to be open year-round and is not expected to change
as a result of the minimum size limit. Assuming effort, harvest rates,
and hogfish prices remain constant, then the expected economic effects
of the minimum size limit in future years will be equivalent to those
of 2017.
For the FLK/EFL stock, the minimum size limit increase is not
expected to reduce aggregate commercial landings or ex-vessel revenue
in 2017. This assumes that ex-vessel hogfish prices will be
unresponsive to temporal changes in landings. In subsequent years, as
the commercial ACL for the FLK/EFL stock increases, the minimum size
limit in this final rule will be more likely than the status quo
minimum size limit to prevent the full harvest of the commercial ACL
and result in a reduction in aggregate ex-vessel revenue. Under the
minimum size limit of 16 inches (40.6 cm), FL, the 2017 fishing season
is expected to be open 35 days longer than under the current minimum
size limit of 12 inches (30.5 cm), FL. Because fewer legal-sized fish
will be available for harvest, this final rule may increase harvest
costs, and in turn, reduce profitability for some vessels. Conversely,
a longer season for FLK/EFL hogfish may have positive economic effects
for other vessels by expanding the number of species available for
harvest later in the fishing year. Individual vessels are expected to
experience varying levels of economic effects, depending on their
fishing practices, profit maximization strategies, and ability to
substitute revenue from other species for hogfish revenue. These
economic effects cannot be estimated with available data.
This final rule also establishes commercial trip limits for each
stock of hogfish. The commercial trip limit is set at 500 lb (227 kg)
for the GA/NC stock and 25 lb (11 kg) for the FLK/EFL stock. Currently,
there is no commercial trip limit for hogfish in the South Atlantic.
For the GA/NC stock, the commercial trip limit was estimated to
result in a $4,470 (2014 dollars) decrease in ex-vessel revenue
relative to the status quo. This assumes that ex-vessel revenue from
other commercially harvested species will not be substituted for the
loss in hogfish revenue. Based on historical harvest rates for 2012
through 2014, it is expected that the commercial trip limit of 500 lb
(227 kg) will only affect spearfishing trips. On average (2010 through
2014), there were 11 vessels with Federal commercial snapper-grouper
permits that reported taking at least 1 hogfish trip in the GA/NC stock
area, where the majority of revenue from that trip was attributed to
spearfishing. The average annual revenue from all species from 2010
through 2014 for these vessels was $61,479 (2014 dollars). If the
estimated reduction in ex-vessel revenue was borne entirely by these
vessels, it would result in a loss of $406 per vessel, or less than 1
percent of their average annual revenue from all species from 2010
through 2014. When the commercial trip limit and minimum size limit for
the GA/NC stock in this final rule are analyzed together, the combined
effect on all vessels that fish for hogfish in the corresponding stock
area is estimated to be a reduction in aggregate ex-vessel revenue of
$5,741 (2014 dollars).
For the FLK/EFL stock, the commercial trip limit in this final rule
is not expected to reduce aggregate commercial landings or ex-vessel
revenue in 2017. This conclusion assumes that prices will not change as
a result of a change in the timing of landings. In subsequent years, as
the commercial ACL for the FLK/EFL stock increases, the commercial trip
limit of 25 lb (11 kg) will be more likely to prevent full harvest of
the commercial ACL and result in a reduction in ex-vessel revenue
relative to no trip limit. Under the commercial trip limit, the 2017
fishing season is expected to be open 33 days longer than what would be
expected under the commercial ACL of 3,510 lb (1,592 kg) with no
commercial trip limit implemented. Because more trips will be required
to harvest the same amount of fish, the commercial trip limit could
reduce profitability for some vessels. Conversely, a longer commercial
fishing season in the FLK/EFL stock area may have positive economic
effects for other vessels by expanding the number of species available
for harvest later in the fishing year. On average (2010 through 2014),
37 vessels with Federal commercial snapper-grouper permits took at
least 1 trip with hogfish landings in excess of 25 lb (11 kg). Trips
with hogfish landings in excess of 25 lb (11 kg) accounted for
approximately 28 percent of all hogfish trips reported for the FLK/EFL
stock area, on average, from 2010 through 2014. Approximately 66
percent of these were spearfishing trips, 23 percent were trips that
used hook-and-line gear, and the remaining 11 percent were trips that
used other fishing gear types. Historically (2012 through 2014), 10.1
percent of hogfish landings on hook-and-line trips and approximately
29.4 percent of hogfish landings on spearfishing trips were harvested
on trips in excess of the 25 lb (11 kg) commercial trip limit in this
final rule. These statistics suggest that spearfishing trips may be
more adversely affected, on average, by the commercial trip limit than
hook-and-line trips. However, specific economic effects estimates
categorized by fishing gear are not currently available due to the high
degree of model uncertainty at the gear level. Individual vessels are
expected to experience varying levels of economic effects, depending on
their fishing practices, profit maximization strategies, and ability to
substitute other species revenue for hogfish revenue. These economic
effects cannot be estimated with available data.
Finally, this final rule establishes commercial AMs for the GA/NC
and the FLK/EFL stocks of hogfish. These AMs will close the commercial
sector for the applicable hogfish stock for the remainder of the
fishing year if commercial landings of the applicable stock reach, or
are projected to reach, the respective commercial ACL. Additionally, if
the commercial ACL is exceeded, NMFS will reduce the stock-specific
commercial ACL in the following fishing year by the amount of the
commercial ACL overage, only if hogfish is overfished and the total ACL
(commercial ACL and recreational ACL) for the respective stock is
exceeded. The AMs in this final rule are the same as the previous
commercial AMs that were in place for the single hogfish stock in the
South Atlantic. NMFS assumes that the commercial AMs in this final rule
will maintain landings within the commercial ACL for each stock, so no
direct economic effects, aside from those already discussed under the
ACLs in this final rule, are expected to occur. If the AMs do not
maintain commercial landings at or below the commercial ACL, then there
will be an increase in ex-vessel revenue in the fishing year the AMs
are triggered and the commercial sector closes. Additionally, if the
conditions are met for a reduction in the following year's commercial
ACL by the amount of the commercial ACL overage, a reduction in ex-
vessel revenue in the following fishing year would be expected. The
status of the GA/NC stock is currently unknown, so both conditions
necessary for a reduction in the following year's commercial ACL
[[Page 34592]]
will not be met and this provision will only affect the FLK/EFL stock.
Because of the timeliness of commercial landings data for federally-
permitted vessels, overages and corresponding economic effects will
likely be small, should they occur.
In summary, when all of the hogfish management changes in this
final rule are analyzed together, in the 2017 fishing year they will
result in an estimated reduction in ex-vessel revenue of $5,741 (2014
dollars) for all vessels combined that harvest hogfish from the GA/NC
stock and $63,086 for all vessels combined that harvest hogfish from
the FLK/EFL stock. The changes to the minimum size limit and commercial
trip limit also have the potential to reduce profitability by
increasing harvest costs, although these economic effects cannot be
estimated with available data. In fishing years subsequent to 2017, if
hogfish landings from the GA/NC stock increase to reach the commercial
ACL, the increase in landings would offset the loss in revenue from the
new minimum size limit and commercial trip limit, and would generate an
increase in ex-vessel revenue of $5,187 (2014 dollars). For the vessels
that harvest hogfish from the FLK/EFL stock, NMFS assumes that ex-
vessel revenue from hogfish will increase relative to the annual
increases in the commercial ACL from 2017 through 2027. This will
lessen the negative economic effects of this final rule on commercial
vessels each year.
The following discussion describes the alternatives that were not
selected as preferred by the South Atlantic Council.
The actions to designate two separate stocks of hogfish in the
South Atlantic, set management reference points (MSY and MSST) for
those stocks, and establish a rebuilding plan for the FLK/EFL stock of
hogfish are not expected to have any direct economic effects on any
small entities, and therefore, the issue of significant alternatives is
not relevant.
Two alternatives were considered for the action to specify a stock
ACL and OY for the GA/NC stock of hogfish. The first alternative, the
no action alternative, would retain the single South Atlantic-wide
hogfish stock ACL and would not be expected to alter current harvest or
use of the resource. This alternative was not selected by the South
Atlantic Council because it would not adhere to the best scientific
information available from the most recent hogfish stock assessment.
The second alternative is the preferred alternative, which establishes
a stock ACL specific to the GA/NC stock of hogfish. This alternative
includes three sub-alternatives. The first sub-alternative would set
the ACL equal to OY, where OY equals ABC. This sub-alternative would
result in a commercial ACL for the GA/NC hogfish stock of 24,690 lb
(11,199 kg), which is approximately 5 percent greater than the
commercial ACL in this final rule. Because status quo landings are not
expected to exceed any of the sub-alternative commercial ACL values in
the short term, the first sub-alternative would not be expected to have
any direct economic effects. However, it would allow for greater
potential landings and ex-vessel revenue in the future compared to the
preferred alternative in this final rule. The first sub-alternative was
not selected as preferred by the South Atlantic Council, because the
Council determined it was prudent to include a buffer in the GA/NC
stock ACL to account for management uncertainty. The second sub-
alternative is the preferred sub-alternative in this final rule and it
sets the GA/NC stock ACL equal to OY, where OY equals 95 percent of
ABC. The third sub-alternative would set the GA/NC stock ACL equal to
OY, where OY equals 90 percent of ABC. This sub-alternative would
result in a GA/NC stock ACL that is approximately 5 percent less than
the GA/NC stock ACL included in this final rule. Based on projected
landings for 2017, this would not be expected to have direct economic
effects on small entities; however, the potential for future increases
in ex-vessel revenue would be less than under this final rule. Because
allowable harvest and potential ex-vessel revenue would be lower than
that under the preferred alternative, this alternative was not selected
by the South Atlantic Council.
Two alternatives were considered for the action to specify
commercial and recreational ACLs and OY for the FLK/EFL stock of
hogfish. The first alternative, the no action alternative, would retain
the single South Atlantic-wide hogfish stock ACL and would not be
expected to alter current harvest or use of the resource. This
alternative was not selected by the South Atlantic Council, because it
would not adhere to the best scientific information available from the
most recent hogfish stock assessment. The second alternative is the
preferred alternative, which establishes commercial and recreational
ACLs specific to the FLK/EFL stock of hogfish. This alternative
includes three sub-alternatives. The first sub-alternative would set
the ACL equal to OY, where OY equals ABC. The commercial ACL for the
FLK/EFL stock would be 3,695 lb (1,676 kg) in 2017, and would increase
annually up to 17,914 lb (8,126 kg) in 2027. Under the first sub-
alternative, the commercial ACL would be approximately 5 percent
greater each year than under the preferred sub-alternative. Assuming
the entire commercial ACL is harvested annually, hogfish landings and
ex-vessel revenue would also be 5 percent greater under the first sub-
alternative than under the preferred sub-alternative. As such, the
first sub-alternative would be expected to have less negative economic
effects on small entities than this final rule.
However, it was not selected as preferred by the South Atlantic
Council, because they determined it was prudent to include a buffer in
the FLK/EFL stock ACL to account for management uncertainty. The second
sub-alternative is the preferred sub-alternative, which sets the FLK/
EFL stock ACL equal to OY, where OY equals 95 percent of ABC. The third
sub-alternative would set the FLK/EFL stock ACL equal to OY, where OY
equals 90 percent of ABC. This sub-alternative would result in
commercial and recreational ACLs that are approximately 5 percent less
each year than under the preferred sub-alternative and, therefore,
would be expected to have more direct negative economic effects on
small entities than this final rule. Because allowable harvest and
expected ex-vessel revenue would be lower than that under the preferred
alternative, this alternative was not selected by the South Atlantic
Council.
Three alternatives were considered for the action to increase the
commercial and recreational minimum size limits for the GA/NC and FLK/
EFL stocks of hogfish. The first alternative, the no action
alternative, would retain the South Atlantic-wide hogfish minimum size
limit of 12 inches (30.5 cm), FL, for both sectors. This would not be
expected to alter commercial harvest rates relative to the status quo,
so no direct economic effects to small entities would be expected to
occur. This alternative was not selected by the South Atlantic Council,
because it would fail to acknowledge important biological differences
between the two stocks of hogfish, as well as stock-specific management
needs.
The second alternative, which was selected as preferred, increases
the commercial and recreational minimum size limit for the GA/NC stock.
The second alternative contains six sub-alternatives. The first sub-
alternative would increase the minimum size limit from 12 inches (30.5
cm), FL, to 16 inches (40.6 cm), FL. This would be expected to result
in an annual
[[Page 34593]]
reduction in commercial ex-vessel revenue of only $479 (2014 dollars),
which is $1,041 less than the reduction expected under the minimum size
limit in this final rule. This sub-alternative was not selected as
preferred because it would be expected to result in fewer hogfish
reaching sexual maturity, fewer hogfish transitioning to males, and
more negative biological effects than the minimum size limit in this
final rule. The second sub-alternative is the preferred sub-
alternative, which sets the commercial and recreational minimum size
limit for the GA/NC stock at 17 inches (43.2 cm), FL. The third through
the fifth sub-alternatives would set the commercial and recreational
minimum size limit at 18, 19, and 20 inches (45.7, 48.3, and 50.8 cm),
FL, respectively. These sub-alternatives were not selected because they
would be expected to result in a greater decrease in commercial ex-
vessel revenue than the minimum size limit in this final rule. The
sixth sub-alternative would set the commercial and recreational minimum
size limit at 15 inches (38.1 cm), FL, in the first year of
implementation, 18 inches (45.7 cm), FL, in the second year, and 20
inches (50.8 cm), FL, in the third year. This sub-alternative would be
expected to have a smaller direct negative economic effect on small
entities than the minimum size limit in this final rule in the first
year of implementation only, and a larger direct negative economic
effect thereafter. The sixth sub-alternative was not selected by the
South Atlantic Council, because there was little public support for
step-up size limit increases, and it would not aid in simplifying
regulations.
The third alternative, also selected as preferred, increases the
commercial and recreational minimum size limit for the FLK/EFL stock.
The third alternative contains five sub-alternatives. The first and
second sub-alternatives would increase the commercial and recreational
minimum size limit to 14 and 15 inches (35.6 and 38.1 cm), FL,
respectively. These sub-alternatives would not be expected to affect
aggregate ex-vessel revenue in the short-term; however, by allowing for
potentially higher catch rates, they would be less likely to negatively
affect profitability than the minimum size limit in this final rule.
The specific effects on profitability cannot be estimated with
available data. These sub-alternatives were not selected by the South
Atlantic Council, because they would be expected to result in fewer
hogfish reaching sexual maturity, fewer hogfish transitioning to males,
and more negative biological effects than the minimum size limit in
this final rule. The third sub-alternative is the preferred sub-
alternative, which increases the commercial and recreational minimum
size limit to 16 inches (40.6 cm), FL. The fourth sub-alternative would
increase the minimum size limit to 17 inches (43.2 cm), FL, which would
be more likely to negatively affect profitability than the minimum size
limit in this final rule and, therefore, was not selected as preferred.
The fifth sub-alternative would set the commercial and recreational
minimum size limit at 14 inches (35.6 cm), FL, in the first year of
implementation and 16 inches (40.6 cm), FL, in the third year. This
sub-alternative would provide for a more gradual increase in the
minimum size limit up to 16 inches (40.6 cm), FL, which would be
expected to have less negative economic effects than the minimum size
limit in this final rule in the first 2 years of implementation and
equivalent effects in the third year and beyond. The fifth sub-
alternative was not selected by the Council, because it would have
fewer immediate biological benefits to the FLK/EFL hogfish stock, which
is currently overfished.
Three alternatives were considered for the action to establish
commercial trip limits for the GA/NC and FLK/EFL stocks of hogfish.
Under the first alternative, the no action alternative, there would be
no commercial trip limit specified for either stock. This would not be
expected to alter commercial harvest rates relative to the status quo,
so no direct economic effects to small entities would be expected to
occur. This alternative was not selected by the South Atlantic Council,
because they decided it was necessary to implement stock-specific
commercial trip limits in order to successfully maintain commercial
landings of hogfish within the commercial ACL and to end overfishing of
the FLK/EFL stock.
The second alternative, which was selected as preferred,
establishes a commercial trip limit for the GA/NC stock. The second
alternative contains five sub-alternatives. The first and second sub-
alternatives would set the commercial trip limit at 100 lb (45 kg) and
250 lb (113 kg), respectively, which would be expected to reduce
aggregate annual landings and ex-vessel revenue by 43 percent and 19
percent, respectively. These reductions in ex-vessel revenue would be
larger than what would be expected under the commercial trip limit in
this final rule and, thus, the first and second sub-alternatives were
not selected. The third sub-alternative was selected as preferred and
it sets the commercial trip limit at 500 lb (227 kg), which was
estimated to reduce ex-vessel revenue by 6 percent. The fourth sub-
alternative would set the commercial trip limit at 700 lb (318 kg).
This sub-alternative would be expected to reduce ex-vessel revenue by
only 3 percent, which would translate into $2,287 (2014 dollars) more
in aggregate ex-vessel revenue than under the commercial trip limit in
this final rule. The fifth sub-alternative would not specify a
commercial trip limit, which would be expected to have no effect on
status quo hogfish landings or ex-vessel revenue. Under the fifth sub-
alternative, ex-vessel revenue would be $4,470 (2014 dollars) greater
than what would be expected under the commercial trip limit for the GA/
NC stock in this final rule. The fourth and fifth sub-alternatives were
not selected as preferred because the South Atlantic Council chose to
take a precautionary approach to setting the commercial trip limit for
the GA/NC stock in order to prevent effort shifts as a result of more
stringent commercial regulations needed to end overfishing of the FLK/
EFL stock. Additionally, the vast majority of commercial trips in
Georgia and the Carolinas do not land more than 500 lb (227 kg) of
hogfish per trip.
The third alternative, also selected as preferred, establishes a
commercial trip limit for the FLK/EFL stock. The third alternative
contains six sub-alternatives. The first sub-alternative was selected
as preferred and it sets the commercial trip limit at 25 lb (11 kg).
Sub-alternatives 2 through 5 would set the commercial trip limit at 50
lb (23 kg), 100 lb (45 kg), 150 lb (68 kg), and 200 lb (91 kg),
respectively. The sixth sub-alternative would not specify a commercial
trip limit. These sub-alternatives for commercial trip limits would not
be expected to affect aggregate ex-vessel revenue in the short term,
given the low commercial ACL for the FLK/EFL stock included in this
final rule. However, for each incremental increase in the commercial
trip limit, the likelihood of direct negative effects on profitability
would be reduced. Because of the commercial ACL increases included in
this final rule, sub-alternatives 2 through 6 may provide for greater
aggregate annual ex-vessel hogfish revenue and increased profitability
on hogfish trips in the medium to long term, relative to the commercial
trip limit in this final rule. These economic effects cannot be
estimated with available data. However, sub-alternatives 2 through 6
were not selected by the South Atlantic Council because, given the
overfished status of the FLK/EFL stock, the South Atlantic
[[Page 34594]]
Council wanted to be conservative in setting the commercial trip limit
in order to end overfishing and prevent commercial ACL overages.
Four alternatives were considered for the action to establish
commercial and recreational AMs for the GA/NC and the FLK/EFL stocks of
hogfish. The first alternative, the no action alternative, would retain
the AMs for the single South Atlantic-wide hogfish stock for both
sectors. This alternative was not selected by the South Atlantic
Council because stock-specific AMs would be required to ensure landings
are maintained within the commercial ACL for each stock. The second
alternative was selected as preferred and it specifies commercial AMs
for GA/NC and FLK/EFL stocks that are equivalent to the existing AMs
for the single South Atlantic stock. The third and fourth alternatives
pertain exclusively to recreational anglers and therefore no direct
economic effects on any small entities would be expected.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as small entity compliance
guides. The agency shall explain the actions that a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, NMFS prepared a fishery bulletin, which also
serves as a small entity compliance guide. The fishery bulletin will be
sent to all interested parties.
Changes to Codified Text From the Proposed Rule
In response to public comment, NMFS includes additional language in
part 622 regulations to clarify the commercial trip limit when
harvesting Florida Keys/East Florida hogfish in the Gulf EEZ. This
final rule adds language in Sec. 622.191 to clarify the applicability
of the commercial trip limit when vessels fish for hogfish in the Gulf
EEZ between 25[deg]09' N. lat. off the west coast of Florida and the
Councils' jurisdictional boundary, as specified in Sec. 600.105(c).
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gulf of Mexico, Hogfish,
Recreational, South Atlantic.
Dated: July 19, 2017.
Chris Oliver,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 622 is 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. 622.1, revise the Table 1 entry for ``FMP for the Snapper-
Grouper Fishery of the South Atlantic Region'', and add footnote 8 to
Table 1 to read as follows:
Sec. 622.1 Purpose and scope.
* * * * *
Table 1 to Sec. 622.1--FMPs Implemented Under Part 622
----------------------------------------------------------------------------------------------------------------
Responsible fishery
FMP title management council(s) Geographical area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
FMP for the Snapper-Grouper Fishery of SAFMC..................... South Atlantic. 1 2 6 8
the South Atlantic Region.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Regulated area includes adjoining state waters for purposes of data collection and quota monitoring.
\2\ Black sea bass and scup are not managed by the FMP or regulated by this part north of 35[deg]15.9' N. lat.,
the latitude of Cape Hatteras Light, NC.
* * * * * * *
\6\ Nassau grouper in the South Atlantic EEZ and the Gulf EEZ are managed under the FMP.
* * * * * * *
\8\ Hogfish in the Gulf EEZ are managed under the FMP from the South Atlantic and Gulf of Mexico intercouncil
boundary specified in Sec. 600.105(c) and south of 25[deg]09' N. lat. off the west coast of Florida. Hogfish
in the remainder of the Gulf EEZ are managed under the FMP for the Reef Fish Resources of the Gulf of Mexico.
0
3. In Sec. 622.183, add paragraph (b)(4) to read as follows:
Sec. 622.183 Area and seasonal closures.
* * * * *
(b) * * *
(4) Hogfish recreational sector off the Florida Keys and east coast
of Florida. From January through April and from November through
December each year, the recreational harvest or possession of hogfish
in or from the South Atlantic EEZ off the Florida Keys and east coast
of Florida, and in the Gulf EEZ south of 25[deg]09' N. lat. off the
west coast of Florida is prohibited, and the bag and possession limits
are zero.
* * * * *
0
4. In Sec. 622.185, revise paragraph (c)(3) to read as follows:
Sec. 622.185 Size limits.
* * * * *
(c) * * *
(3) Hogfish. (i) In the South Atlantic EEZ off Georgia, South
Carolina, and North Carolina--17 inches (43.2 cm), fork length.
(ii) In the South Atlantic EEZ off the Florida Keys and east coast
of Florida, and in the Gulf EEZ south of 25[deg]09' N. lat. off the
west coast of Florida--16 inches (40.6 cm), fork length.
* * * * *
0
5. In Sec. 622.187, revise paragraph (b)(3) to read as follows:
Sec. 622.187 Bag and possession limits.
* * * * *
(b) * * *
(3) Hogfish. (i) In the South Atlantic EEZ off Georgia, South
Carolina, and North Carolina--2.
(ii) In the South Atlantic EEZ off the Florida Keys and east coast
of Florida, and in the Gulf EEZ south of 25[deg]09' N. lat. off the
west coast of Florida--1.
* * * * *
0
6. In Sec. 622.191, add paragraph (a)(12) and paragraph (b) to read as
follows:
Sec. 622.191 Commercial trip limits.
* * * * *
(a) * * *
[[Page 34595]]
(12) Hogfish. (i) Until the commercial ACL specified in Sec.
622.193(u)(1)(iii)(A) is reached or is projected to be reached off
Georgia, South Carolina, and North Carolina, 500 lb (227 kg), round
weight.
(ii) Until the commercial ACL specified in Sec.
622.193(u)(2)(iii)(A) is reached or is projected to be reached off the
Florida Keys and east coast of Florida, and south of 25[deg]09' N. lat.
off the west coast of Florida, 25 lb (11 kg), round weight.
(iii) See Sec. 622.193(u)(1)(i) or (u)(2)(i) for the limitations
regarding hogfish after a commercial ACL is reached.
(b) When a vessel fishes for hogfish on a trip in the Gulf EEZ
south of 25[deg]09' N. lat. off the west coast of Florida, the vessel
trip limit specified in paragraph (a)(12)(ii) of this section applies,
provided persons aboard are not subject to the bag limit. See Sec.
622.11(a) and Sec. 622.187(a) for applicability of the bag limit.
0
7. In Sec. 622.193, revise paragraph (u) to read as follows:
Sec. 622.193 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(u) Hogfish--(1) Hogfish off Georgia, South Carolina, and North
Carolina (Georgia-North Carolina)--(i) Commercial sector. (A) If
commercial landings for the Georgia-North Carolina hogfish stock, as
estimated by the SRD, reach or are projected to reach the commercial
ACL specified in paragraph (u)(1)(iii)(A) of this section, the AA will
file a notification with the Office of the Federal Register to close
the commercial sector for the remainder of the fishing year. On and
after the effective date of such a notification, all sale or purchase
of hogfish in or from the South Atlantic EEZ off Georgia, South
Carolina, and North Carolina is prohibited, and harvest or possession
of this species is limited to the bag and possession limits. These bag
and possession limits apply to the Georgia-North Carolina hogfish stock
on board a vessel for which a valid Federal commercial or charter
vessel/headboat permit for South Atlantic snapper-grouper has been
issued, without regard to where such species were harvested, i.e., in
state or Federal waters.
(B) If commercial landings for the Georgia-North Carolina hogfish
stock, as estimated by the SRD, exceed the commercial ACL specified in
paragraph (u)(1)(iii)(A) of this section, and the combined commercial
and recreational ACL specified in paragraph (u)(1)(iii)(C) of this
section is exceeded during the same fishing year, and the Georgia-North
Carolina hogfish stock is overfished based on the most recent Status of
U.S. Fisheries Report to Congress, the AA will file a notification with
the Office of the Federal Register to reduce the commercial ACL for the
stock in the following fishing year by the amount of the commercial ACL
overage in the prior fishing year.
(ii) Recreational sector. (A) If recreational landings for the
Georgia-North Carolina hogfish stock, as estimated by the SRD, reach or
are projected to reach the recreational ACL specified in paragraph
(u)(1)(iii)(B) of this section, the AA will file a notification with
the Office of the Federal Register to close the recreational sector for
the remainder of the fishing year regardless if the stock is
overfished, unless NMFS determines that no closure is necessary based
on the best scientific information available. On and after the
effective date of such a notification, the bag and possession limits
for hogfish in or from the South Atlantic EEZ off Georgia, South
Carolina, and North Carolina are zero.
(B) If recreational landings for the Georgia-North Carolina hogfish
stock, as estimated by the SRD, exceed the recreational ACL specified
in paragraph (u)(1)(iii)(B) of this section, then during the following
fishing year recreational landings will be monitored for a persistence
in increased landings. If necessary, the AA will file a notification
with the Office of the Federal Register to reduce the length of the
following recreational fishing season and recreational ACL in the
following fishing year by the amount of the recreational ACL overage if
the Georgia-North Carolina hogfish stock is overfished, based on the
most recent Status of U.S. Fisheries Report to Congress, and the
combined commercial and recreational ACL is exceeded during the same
fishing year to ensure recreational landings do not exceed the
recreational ACL in the following fishing year. NMFS will use the best
scientific information available to determine if reducing the length of
the recreational fishing season and recreational ACL is necessary. When
a recreational sector is closed as a result of NMFS reducing the length
of the following recreational fishing season and ACL, the bag and
possession limits for hogfish in or from the South Atlantic EEZ off
Georgia, South Carolina, and North Carolina are zero.
(iii) ACLs for the Georgia-North Carolina stock. This stock
includes hogfish off Georgia, South Carolina, and North Carolina. All
weights are given in round weight.
(A) Commercial ACL--23,456 lb (10,639 kg).
(B) Recreational ACL--988 fish.
(C) The combined commercial and recreational ACL for the Georgia-
North Carolina hogfish stock is 33,930 lb (15,390 kg).
(2) Hogfish off the Florida Keys and east coast of Florida, and
south of 25[deg]09' N. lat. off the west coast of Florida (Florida
Keys-East Florida)--(i) Commercial sector. (A) If commercial landings
for the Florida Keys-East Florida hogfish stock, as estimated by the
SRD, reach or are projected to reach the applicable commercial ACL
specified in paragraph (u)(2)(iii)(A) of this section, the AA will file
a notification with the Office of the Federal Register to close the
commercial sector for the remainder of the fishing year. On and after
the effective date of such a notification, all sale or purchase of
hogfish in or from the EEZ off the Florida Keys and east coast of
Florida, and south of 25[deg]09' N. lat. off the west coast of Florida
is prohibited, and harvest or possession of this species is limited to
the bag and possession limits. These bag and possession limits apply
for this hogfish stock on board a vessel for which a valid Federal
commercial or charter vessel/headboat permit for South Atlantic
snapper-grouper has been issued, without regard to where such species
were harvested, i.e., in state or Federal waters.
(B) If commercial landings for the Florida Keys-East Florida
hogfish stock, as estimated by the SRD, exceed the applicable
commercial ACL specified in paragraph (u)(2)(iii)(A) of this section,
and the applicable combined commercial and recreational ACL specified
in paragraph (u)(2)(iii)(C) of this section is exceeded during the same
fishing year, and the stock is overfished based on the most recent
Status of U.S. Fisheries Report to Congress, the AA will file a
notification with the Office of the Federal Register to reduce the
commercial ACL for the stock in the following fishing year by the
amount of the applicable commercial ACL overage in the prior fishing
year.
(ii) Recreational sector. (A) If recreational landings for the
Florida Keys-East Florida hogfish stock, as estimated by the SRD, reach
or are projected to reach the applicable recreational ACL specified in
paragraph (u)(2)(iii)(B) of this section, the AA will file a
notification with the Office of the Federal Register to close the
recreational sector for the remainder of the fishing year regardless if
the stock is overfished, unless NMFS determines that no closure is
necessary based on the best scientific information available. On and
after the effective date of such a notification, the bag and possession
limits for hogfish in
[[Page 34596]]
or from the EEZ off the Florida Keys and east coast of Florida, and
south of 25[deg]09' N. lat. off the west coast of Florida are zero.
(B) If recreational landings for the Florida Keys-East Florida
hogfish stock, as estimated by the SRD, exceed the applicable
recreational ACL specified in paragraph (u)(2)(iii)(B) of this section,
then during the following fishing year recreational landings will be
monitored for a persistence in increased landings. If necessary, the AA
will file a notification with the Office of the Federal Register to
reduce the length of the following applicable recreational fishing
season and recreational ACL in the following fishing year by the amount
of the recreational ACL overage if the Florida Keys-East Florida
hogfish stock is overfished, based on the most recent Status of U.S.
Fisheries Report to Congress, and the applicable combined commercial
and recreational ACL is exceeded during the same fishing year to ensure
recreational landings do not exceed the recreational ACL in the
following fishing year. NMFS will use the best scientific information
available to determine if reducing the length of the recreational
fishing season and recreational ACL is necessary. When a recreational
sector is closed as a result of NMFS reducing the length of the
following recreational fishing season and ACL, the bag and possession
limits for hogfish in or from the EEZ off the Florida Keys and east
coast of Florida, and south of 25[deg]09' N. lat. off the west coast of
Florida are zero.
(iii) ACLs for the Florida Keys-East Florida stock. This stock
includes hogfish off the Florida Keys and east coast of Florida, and
south of 25[deg]09' N. lat. off the west coast of Florida.
(A) Commercial ACL. See the following table. All weights are given
in round weight.
------------------------------------------------------------------------
Year Commercial ACL
------------------------------------------------------------------------
2017...................................... 3,510 lb (1,592 kg).
2018...................................... 4,524 lb (2,052 kg).
2019...................................... 5,670 lb (2,572 kg).
2020...................................... 6,926 lb (3,142 kg).
2021...................................... 8,277 lb (3,754 kg).
2022...................................... 9,703 lb (4,401 kg).
2023...................................... 11,179 lb (5,071 kg).
2024...................................... 12,677 lb (5,750 kg).
2025...................................... 14,167 lb (6,426 kg).
2026...................................... 15,621 lb (7,086 kg).
2027...................................... 17,018 lb (7,719 kg).
------------------------------------------------------------------------
(B) Recreational ACL. See the following table. The recreational ACL
is in numbers of fish.
------------------------------------------------------------------------
Recreational
Year ACL
------------------------------------------------------------------------
2017.................................................... 15,689
2018.................................................... 18,617
2019.................................................... 21,574
2020.................................................... 25,086
2021.................................................... 29,096
2022.................................................... 33,358
2023.................................................... 37,671
2024.................................................... 41,934
2025.................................................... 46,046
2026.................................................... 49,949
2027.................................................... 53,610
------------------------------------------------------------------------
(C) Combined commercial and recreational ACL. See the following
table. The combined commercial and recreational ACL is in numbers of
fish.
------------------------------------------------------------------------
Combined
commercial and
Year recreational
ACL
------------------------------------------------------------------------
2017.................................................... 17,034
2018.................................................... 20,350
2019.................................................... 23,746
2020.................................................... 27,740
2021.................................................... 32,267
2022.................................................... 37,076
2023.................................................... 41,954
2024.................................................... 46,791
2025.................................................... 51,474
2026.................................................... 55,934
2027.................................................... 60,130
------------------------------------------------------------------------
* * * * *
[FR Doc. 2017-15588 Filed 7-24-17; 8:45 am]
BILLING CODE 3510-22-P