Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Gray Triggerfish Management Measures; Amendment 46, 44551-44554 [2017-20351]
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Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Proposed Rules
The PCE levels in the groundwater at
all wells are currently below the MCL.
Thus, the remedial action objectives
have been attained and the human
health exposure pathways have been
eliminated.
A Preliminary Close Out Report
documenting the completion of
construction activities was signed by
EPA on September 25, 1998. The Site
was identified as ‘‘Sitewide Ready for
Anticipated Use’’ on September 28,
2012. A Final Close Out Report
documenting completion of all remedial
activities was signed by EPA on April
27, 2017.
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
Cleanup Levels
The 1998 ROD requires treatment and
monitoring until the PCE concentrations
in groundwater at all production wells
are below the MCL. As there have been
no changes to the federal or state
drinking water standards for PCE or
changes in the toxicity factors for PCE
since the ROD was issued, this cleanup
level remains protective of human
health and the environment.
In April 2017 the EPA reviewed the
monitoring data and found that PCE
concentrations at 11 of the 12
production wells had been below the
cleanup level of 5 mg/L since 2013. A
further statistical analysis of data
collected from the other well indicated
a downward trend and a 95% Upper
Confidence Level of 4.41 mg/L, below
the cleanup level of 5 mg/L. Based on
this evaluation, EPA determined that all
remedial activities at the Site were
complete, remedial action objectives
had been achieved and the use of the
treatment system was no longer required
for the CERCLA remedy. All drinking
water delivered from the wellfield must
continue to meet the requirements of the
SDWA.
Five-Year Review
Three policy five-year reviews have
been completed at the Site, the last one
in September 2013.
No issues or follow-up actions were
identified as part of the 2013 Five Year
Review. The protectiveness statement
stated ‘‘The remedy at Vancouver WS1
is protective of human health and the
environment because the treatment
system is functioning as intended and
human and ecological risks are under
control. Long-term protectiveness of the
remedial action will be verified by
regular monitoring by the City of
Vancouver.’’
The analysis conducted since the last
FYR indicates that the remedy has been
fully implemented and the remedial
action objectives and related cleanup
levels have been attained. No hazardous
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17:07 Sep 22, 2017
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substances, pollutants or contaminants
remain above levels that could prevent
unlimited use and unrestricted
exposure. Therefore, no further five-year
reviews are required.
Public participation activities have
been satisfied as required in CERCLA
Section 113(k), 42 U.S.C. 9613(k) and
CERCLA Section 117, 42 U.S.C. 9617.
Throughout the remedial process, the
EPA has kept the public informed of
activities being conducted at the Site by
way of informational meetings, fact
sheets and public meetings.
Documents in the deletion docket
which the EPA relied on for the
recommendation for deletion from the
NPL are available to the public at the
information repositories identified
previously. A notice of availability of
the Notice of Intent for Deletion has
been published in The Columbian.
Determination That the Site Meets the
Criteria for Deletion in the NCP
The EPA, with concurrence of the
State of Washington through the
Department of Ecology, has determined
that the implemented remedy achieves
the degree of cleanup or protection
specified in the ROD for all pathways of
exposure. All selected remedial and
removal action objectives and associated
cleanup levels are consistent with
agency policy and guidance. No further
Superfund response is needed to protect
human health and the environment.
In accordance with 40 CFR
300.425(e), sites may be deleted from
the NPL where all appropriate response
actions have been implemented and
where no further response is
appropriate. Consistent with this, the
EPA is proposing deletion of this Site
from the NPL.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1321(d); 42 U.S.C.
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
FR 2923, 3 CFR, 1987 Comp., p. 193.
Dated: August 25, 2017.
Sheryl Bilbrey,
Director—Region 10 Office of Environmental
Cleanup.
[FR Doc. 2017–20449 Filed 9–22–17; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
Community Involvement
BILLING CODE 6560–50–P
44551
[Docket No. 170505465–7465–01]
RIN 0648–BG87
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Gray
Triggerfish Management Measures;
Amendment 46
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in
Amendment 46 to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP),
as prepared by the Gulf of Mexico
Fishery Management Council (Council)
(Amendment 46). For gray triggerfish,
this proposed rule would revise the
recreational fixed closed season,
recreational bag limit, recreational
minimum size limit, and commercial
trip limit. Additionally, Amendment 46
would establish a new rebuilding time
period for the Gulf of Mexico (Gulf) gray
triggerfish stock. The purpose of this
proposed rule is to implement
management measures to assist in
rebuilding the Gulf gray triggerfish stock
and achieve optimum yield (OY).
DATES: Written comments must be
received on or before October 25, 2017.
ADDRESSES: You may submit comments
on the amendment identified by
‘‘NOAA–NMFS–2017–0080’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20170080, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Lauren Waters, Southeast Regional
Office, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
SUMMARY:
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Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Proposed Rules
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
Electronic copies of Amendment 46,
which includes an environmental
assessment, a fishery impact statement,
a Regulatory Flexibility Act (RFA)
analysis, and a regulatory impact
review, may be obtained from the
Southeast Regional Office Web site at
https://sero.nmfs.noaa.gov/sustainable_
fisheries/gulf_fisheries/reef_fish/2017/
am46_gray_trigger/documents/pdfs/
gulf_reef_am46_gray_trigg_final.pdf.
FOR FURTHER INFORMATION CONTACT:
Lauren Waters, Southeast Regional
Office, NMFS, telephone: 727–824–
5305; email: Lauren.Waters@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Council manage the Gulf reef fish
fishery, which includes gray triggerfish,
under the FMP. The Council prepared
the FMP and NMFS implements the
FMP through regulations at 50 CFR part
622 under the authority of the
Magnuson Stevens Fishery Conservation
and Management Act (MagnusonStevens Act) (16 U.S.C 1801 et seq.).
Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing and
achieve, on a continuing basis, the OY
from federally managed fish stocks.
These mandates are intended to ensure
that fishery resources are managed for
the greatest overall benefit to the nation,
particularly with respect to providing
food production and recreational
opportunities, and protecting marine
ecosystems. To further this goal, the
Magnuson-Stevens Act requires fishery
managers to rebuild overfished stocks.
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
Status of the Gray Triggerfish Stock
The first Southeast Data, Assessment,
and Review (SEDAR) benchmark stock
assessment for gray triggerfish was
completed in 2006 (SEDAR 9). SEDAR
9 indicated that the gray triggerfish
stock was both overfished and possibly
undergoing overfishing. Subsequently,
Amendment 30A to the FMP established
a gray triggerfish rebuilding plan
beginning in the 2008 fishing year (73
FR 38139, July 3, 2008). In 2011, a
SEDAR 9 update stock assessment for
gray triggerfish determined that the gray
triggerfish stock was still overfished and
was undergoing overfishing, and had
not made adequate progress toward
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rebuilding. As a result of the SEDAR 9
update and to end overfishing, the final
rule for Amendment 37 to the FMP
revised the gray triggerfish commercial
and recreational sector annual catch
limits (ACLs) and annual catch targets
(ACTs), revised the gray triggerfish
recreational sector accountability
measures (AMs), revised the gray
triggerfish recreational bag limit,
established a commercial trip limit for
gray triggerfish, and established a fixed
closed season for the gray triggerfish
commercial and recreational sectors (78
FR 27084, May 5, 2013). Additionally,
Amendment 37 revised the rebuilding
plan and projected that the stock would
be rebuilt in 5 years, or by the end of
2017 fishing year.
Since implementation of Amendment
37 in 2013, commercial harvest has not
exceeded the commercial ACL, while
the recreational sector has exceeded the
recreational ACL or adjusted
recreational ACL (that resulted from a
ACL overage adjustment) in the 2013,
2014, 2015, and 2016 fishing years. The
most recent stock assessment for gray
triggerfish was completed and reviewed
by the Council’s Scientific and
Statistical Committee (SSC) in October
2015 (SEDAR 43). SEDAR 43 indicated
that the gray triggerfish stock was not
experiencing overfishing but remained
overfished and would not be rebuilt by
the end of 2017 as previously projected.
On November 2, 2015, NMFS notified
the Council that the gray triggerfish
stock was not making adequate progress
toward rebuilding, and the Council
subsequently began development of
Amendment 46 to establish a new
rebuilding time period and other
management measures to achieve OY
and rebuild the stock.
Management Measures Contained in
This Proposed Rule
For gray triggerfish, this proposed rule
would revise the recreational fixed
closed season, recreational bag limit,
recreational minimum size limit, and
commercial trip limit. NMFS and the
Council are proposing the changes to
the recreational management measures
to help constrain recreational landings
to the recreational ACT to avoid
triggering accountability measures
(AMs) resulting in an in-season closure
or post-season payback that would
occur if landings exceed the recreational
ACL. NMFS and the Council are
proposing the increase in the
commercial trip limit to allow those
commercial fishermen who encounter
gray triggerfish to harvest more fish per
trip while continuing to constrain
commercial landings to the commercial
ACT.
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Recreational Seasonal Closure
The current recreational seasonal
closure for gray triggerfish in the Gulf is
from June 1 through July 31, and was
established in Amendment 37 to protect
gray triggerfish during the peak
spawning season and help constrain
landings to the recreational ACT (78 FR
27084, May 5, 2013). However, as
explained above, recreational landings
have exceed the recreational ACL or
adjusted ACL the last 4 years. This
proposed rule would establish an
additional recreational fixed closed
season for gray triggerfish from January
1 through the end of February, which is
expected to reduce recreational landings
and help rebuild the stock within the
rebuilding time period established in
Amendment 46.
Recreational Bag Limit
The current recreational bag limit was
set in Amendment 37 and is a 2-fish per
person per day limit within the overall
20-fish aggregate reef fish bag limit. This
proposed rule would reduce the
recreational gray triggerfish bag limit to
1 fish per person per day within the 20fish aggregate reef fish bag limit.
As described in Amendment 46, from
2013 through 2015, approximately 10
percent of recreational trips with reef
fish landings harvested 2 gray triggerfish
within the 20-fish aggregate bag limit.
NMFS expects the proposed change to
the bag limit to reduce recreational
landings by 15 percent, which will help
constrain harvest to the recreational
ACT to allow the sector to remain open
through the end of the fishing year.
Recreational Size Limit
The current recreational minimum
size limit for gray triggerfish is 14
inches (35.6 cm), fork length (FL), and
was established in Amendment 30A to
the FMP (73 FR 38139, July 3, 2008).
The proposed rule would increase the
minimum size limit to 15 inches (38.1
cm), FL. Increasing the recreational
minimum size limit would increase the
gray triggerfish spawning potential by
maintaining larger-sized fish, which are
more fecund, in the stock, and is
expected to help slow recreational
harvest.
Commercial Trip Limit
The current commercial trip limit is
12 fish per trip, and was established in
Amendment 37 to help constrain
commercial harvest to the commercial
ACT and avoid an in-season closure as
a result of the AMs being triggered (78
FR 27084, May 5, 2013). This proposed
rule would increase the trip limit to 16
fish per trip.
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As described in Amendment 46, since
implementation of the 12 fish
commercial trip limit in 2013,
commercial landings have been
consistently below the commercial ACT.
Analysis of commercial trips
demonstrated that 80 percent of trips
caught 10 gray triggerfish or less. This
indicates that gray triggerfish is
primarily a non-target species by the
commercial sector and that increasing
the commercial trip limit would likely
result in only a small change in the
weight projected to be landed during a
fishing year. However, increasing the
commercial trip limit would allow those
fishermen who encounter the species
the opportunity to harvest more fish.
This would help achieve OY for the
stock while continuing to constrain
commercial landings to the commercial
ACT.
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Measures in Amendment 46 Not in This
Proposed Rule
In addition to the measures proposed
to be implemented through this
proposed rule, Amendment 46 contains
actions to set a rebuilding timeframe
and to consider alternatives for the
commercial and recreational ACTs and
ACLs.
Rebuilding Time Period and
Commercial and Recreational ACTs and
ACLs
Amendment 37 established a 5-year
rebuilding time period, expiring in
2017, and the current gray triggerfish
commercial and recreational ACTs and
ACLs. The current commercial ACT is
60,900 lb (27,624 kg), round weight, and
the commercial ACL is 64,100 lb (29,075
kg), round weight. The current
recreational ACT is 217,000 lb (98,475
kg), round weight, and the recreational
ACL is 242,200 lb (109,406 kg), round
weight. Amendment 46 would establish
a new rebuilding time period for the
Gulf gray triggerfish stock as a result of
the stock status determined through
SEDAR 43, and maintain the current
commercial and recreational ACLs and
ACTs.
The Council’s SSC reviewed SEDAR
43 and recommended alternative
rebuilding time periods of 8, 9, or 10
years and the acceptable biological
catch (ABC) yield streams for each
period. There is a 60 percent probability
of rebuilding the stock within these time
periods if landings are appropriately
constrained to the recommended catch
levels. In Amendment 46, the Council
considered these rebuilding time
periods and their associated catch
levels, as well as a 6-year period, which
would be the time needed to rebuild the
stock in the absence of fishing mortality.
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The Council determined that the 9-year
rebuilding time period was as short as
possible, taking into account the status
and biology of the stock and the needs
of the associated fishing communities.
Although the ABC recommendation
associated with the 9-year time period
allowed for an increase in harvest, the
Council chose to adopt a more
conservative approach and maintain the
current commercial and recreational
ACLs and ACTs for gray triggerfish that
were set through the final rule for
Amendment 37 (78 FR 27084, May 9,
2013).
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the FMP, the Magnuson-Stevens
Act, and other applicable law, subject to
further consideration after public
comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
certification follows.
A description of this proposed rule,
why it is being considered, and the
objectives of, and legal basis for this
proposed rule are contained in the
preamble. The Magnuson-Stevens Act
provides the statutory basis for this
proposed rule.
This proposed rule would directly
affect commercial and recreational
fishing for gray triggerfish in Gulf
Federal waters. Anglers are not
considered small entities as that term is
defined in the RFA (5 U.S.C. 601(6)).
Consequently, estimates of the number
of anglers directly affected by the rule
and the impacts on them are not
provided here.
NMFS estimates an average of 223
commercial fishing vessels harvest gray
triggerfish in Gulf Federal waters
annually, and the number of businesses
that own these vessels ranges from 166
to 223. The average vessel harvested 164
lb (74.4 kg), gutted weight, of gray
triggerfish annually with a dockside
value of $331 (2015 dollars), and that
average vessel’s annual dockside
revenue from all landings is $158,804
(2015 dollars).
For RFA purposes, NMFS has
established a small business size
standard for businesses, including their
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44553
affiliates, whose primary industry is
commercial fishing (50 CFR 200.2). A
business primarily involved in
commercial fishing (NAICS 11411) is
classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and its
combined annual receipts are not in
excess of $11 million for all of its
affiliated operations worldwide. Based
on the average annual revenue for a
vessel that lands gray triggerfish, it is
concluded that most to all of the
businesses that harvest gray triggerfish
from the Gulf are small businesses.
Amendment 46 would establish a
rebuilding time period of 9 years or by
the end of 2025, and this revised time
period would have no direct impact on
any small business.
The proposed rule would retain the
current commercial ACL and
commercial ACT for gray triggerfish,
which have been in effect since 2013 (78
FR 27084, May 9, 2013). These status
quo measures would have no additional
impact on any small business.
The proposed rule would increase the
commercial trip limit for gray
triggerfish. A 12-fish trip limit has been
in effect since 2013, and this proposed
rule would allow for up to four more
gray triggerfish to be landed per trip.
The average weight of a commercially
sized gray triggerfish is estimated to be
4.113 lb (1.866 kg), gutted weight. In
2015, the average dockside price of gray
triggerfish was $2.12 per pound, gutted
weight. At that price, the proposed rule
could increase dockside revenue to as
much as $34.88 per trip. It is estimated
that the average annual beneficial
impact would range from $0 to $135 per
vessel, which represents from 0.00
percent to 0.08 percent of the average
vessel’s annual dockside revenue from
all landings.
Therefore, this proposed rule would
not have a significant economic impact
on a substantial number of small
entities, and an initial regulatory
flexibility analysis is not required and
none has been prepared.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gray
triggerfish, Gulf, Recreational.
Dated: September 18, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be amended as follows:
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Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Proposed Rules
each year. During the period of both the
commercial and recreational closure, all
harvest or possession in or from the Gulf
EEZ of gray triggerfish is prohibited and
the sale and purchase of gray triggerfish
taken from the Gulf EEZ is prohibited.
■ 3. In § 622.37, revise paragraph (c)(1)
to read as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, 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 § 622.34, revise paragraph (f) to
read as follows:
■
§ 622.37
§ 622.34 Seasonal and area closures
designed to protect Gulf reef fish.
*
*
*
*
(f) Seasonal closures for gray
triggerfish. The recreational sector for
gray triggerfish in or from the Gulf EEZ
is closed from January 1 through the end
of February, and from June 1 through
July 31, each year. During a recreational
closure, the bag and possession limits
for gray triggerfish in or from the Gulf
EEZ are zero. The commercial sector for
gray triggerfish in or from the Gulf EEZ
is closed from June 1 through July 31,
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*
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Size limits.
*
*
*
*
*
(c) * * *
(1) Gray triggerfish. (i) For a person
not subject to the bag limit specified in
§ 622.38(b)(5)–14 inches (35.6 cm), fork
length.
(ii) For a person subject to the bag
limit specified in § 622.38(b)(5)–15
inches (38.1 cm), fork length.
*
*
*
*
*
■ 4. In § 622.38, revise paragraph (b)(5)
to read as follows:
§ 622.38
*
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*
Bag and possession limits.
*
Frm 00016
*
Fmt 4702
*
Sfmt 9990
(b) * * *
(5) Gulf reef fish, combined,
excluding those specified in paragraphs
(b)(1) through (b)(4) and paragraphs
(b)(6) through (b)(7) of this section—20.
In addition, within the 20-fish aggregate
reef fish bag limit, no more than 1 fish
may be gray triggerfish and no more
than 10 fish may be vermilion snapper.
*
*
*
*
*
■ 5. In § 622.43, revise paragraph (b) to
read as follows:
§ 622.43
Commercial trip limits.
*
*
*
*
*
(b) Gray triggerfish. Until the
commercial ACT (commercial quota)
specified in § 622.39(a)(1)(vi) is
reached—16 fish. See § 622.39(b) for the
limitations regarding gray triggerfish
after the commercial ACT (commercial
quota) is reached.
[FR Doc. 2017–20351 Filed 9–22–17; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Proposed Rules]
[Pages 44551-44554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20351]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 170505465-7465-01]
RIN 0648-BG87
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Gray Triggerfish Management
Measures; Amendment 46
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement management measures described in
Amendment 46 to the Fishery Management Plan for the Reef Fish Resources
of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery
Management Council (Council) (Amendment 46). For gray triggerfish, this
proposed rule would revise the recreational fixed closed season,
recreational bag limit, recreational minimum size limit, and commercial
trip limit. Additionally, Amendment 46 would establish a new rebuilding
time period for the Gulf of Mexico (Gulf) gray triggerfish stock. The
purpose of this proposed rule is to implement management measures to
assist in rebuilding the Gulf gray triggerfish stock and achieve
optimum yield (OY).
DATES: Written comments must be received on or before October 25, 2017.
ADDRESSES: You may submit comments on the amendment identified by
``NOAA-NMFS-2017-0080'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0080, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Lauren Waters, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov
[[Page 44552]]
without change. All personal identifying information (e.g., name,
address, etc.), confidential business information, or otherwise
sensitive information submitted voluntarily by the sender will be
publicly accessible. NMFS will accept anonymous comments (enter ``N/A''
in the required fields if you wish to remain anonymous).
Electronic copies of Amendment 46, which includes an environmental
assessment, a fishery impact statement, a Regulatory Flexibility Act
(RFA) analysis, and a regulatory impact review, may be obtained from
the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2017/am46_gray_trigger/documents/pdfs/gulf_reef_am46_gray_trigg_final.pdf.
FOR FURTHER INFORMATION CONTACT: Lauren Waters, Southeast Regional
Office, NMFS, telephone: 727-824-5305; email: Lauren.Waters@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef
fish fishery, which includes gray triggerfish, under the FMP. The
Council prepared the FMP and NMFS implements the FMP through
regulations at 50 CFR part 622 under the authority of the Magnuson
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
(16 U.S.C 1801 et seq.).
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the OY from federally managed fish stocks. These mandates are
intended to ensure that fishery resources are managed for the greatest
overall benefit to the nation, particularly with respect to providing
food production and recreational opportunities, and protecting marine
ecosystems. To further this goal, the Magnuson-Stevens Act requires
fishery managers to rebuild overfished stocks.
Status of the Gray Triggerfish Stock
The first Southeast Data, Assessment, and Review (SEDAR) benchmark
stock assessment for gray triggerfish was completed in 2006 (SEDAR 9).
SEDAR 9 indicated that the gray triggerfish stock was both overfished
and possibly undergoing overfishing. Subsequently, Amendment 30A to the
FMP established a gray triggerfish rebuilding plan beginning in the
2008 fishing year (73 FR 38139, July 3, 2008). In 2011, a SEDAR 9
update stock assessment for gray triggerfish determined that the gray
triggerfish stock was still overfished and was undergoing overfishing,
and had not made adequate progress toward rebuilding. As a result of
the SEDAR 9 update and to end overfishing, the final rule for Amendment
37 to the FMP revised the gray triggerfish commercial and recreational
sector annual catch limits (ACLs) and annual catch targets (ACTs),
revised the gray triggerfish recreational sector accountability
measures (AMs), revised the gray triggerfish recreational bag limit,
established a commercial trip limit for gray triggerfish, and
established a fixed closed season for the gray triggerfish commercial
and recreational sectors (78 FR 27084, May 5, 2013). Additionally,
Amendment 37 revised the rebuilding plan and projected that the stock
would be rebuilt in 5 years, or by the end of 2017 fishing year.
Since implementation of Amendment 37 in 2013, commercial harvest
has not exceeded the commercial ACL, while the recreational sector has
exceeded the recreational ACL or adjusted recreational ACL (that
resulted from a ACL overage adjustment) in the 2013, 2014, 2015, and
2016 fishing years. The most recent stock assessment for gray
triggerfish was completed and reviewed by the Council's Scientific and
Statistical Committee (SSC) in October 2015 (SEDAR 43). SEDAR 43
indicated that the gray triggerfish stock was not experiencing
overfishing but remained overfished and would not be rebuilt by the end
of 2017 as previously projected. On November 2, 2015, NMFS notified the
Council that the gray triggerfish stock was not making adequate
progress toward rebuilding, and the Council subsequently began
development of Amendment 46 to establish a new rebuilding time period
and other management measures to achieve OY and rebuild the stock.
Management Measures Contained in This Proposed Rule
For gray triggerfish, this proposed rule would revise the
recreational fixed closed season, recreational bag limit, recreational
minimum size limit, and commercial trip limit. NMFS and the Council are
proposing the changes to the recreational management measures to help
constrain recreational landings to the recreational ACT to avoid
triggering accountability measures (AMs) resulting in an in-season
closure or post-season payback that would occur if landings exceed the
recreational ACL. NMFS and the Council are proposing the increase in
the commercial trip limit to allow those commercial fishermen who
encounter gray triggerfish to harvest more fish per trip while
continuing to constrain commercial landings to the commercial ACT.
Recreational Seasonal Closure
The current recreational seasonal closure for gray triggerfish in
the Gulf is from June 1 through July 31, and was established in
Amendment 37 to protect gray triggerfish during the peak spawning
season and help constrain landings to the recreational ACT (78 FR
27084, May 5, 2013). However, as explained above, recreational landings
have exceed the recreational ACL or adjusted ACL the last 4 years. This
proposed rule would establish an additional recreational fixed closed
season for gray triggerfish from January 1 through the end of February,
which is expected to reduce recreational landings and help rebuild the
stock within the rebuilding time period established in Amendment 46.
Recreational Bag Limit
The current recreational bag limit was set in Amendment 37 and is a
2-fish per person per day limit within the overall 20-fish aggregate
reef fish bag limit. This proposed rule would reduce the recreational
gray triggerfish bag limit to 1 fish per person per day within the 20-
fish aggregate reef fish bag limit.
As described in Amendment 46, from 2013 through 2015, approximately
10 percent of recreational trips with reef fish landings harvested 2
gray triggerfish within the 20-fish aggregate bag limit. NMFS expects
the proposed change to the bag limit to reduce recreational landings by
15 percent, which will help constrain harvest to the recreational ACT
to allow the sector to remain open through the end of the fishing year.
Recreational Size Limit
The current recreational minimum size limit for gray triggerfish is
14 inches (35.6 cm), fork length (FL), and was established in Amendment
30A to the FMP (73 FR 38139, July 3, 2008). The proposed rule would
increase the minimum size limit to 15 inches (38.1 cm), FL. Increasing
the recreational minimum size limit would increase the gray triggerfish
spawning potential by maintaining larger-sized fish, which are more
fecund, in the stock, and is expected to help slow recreational
harvest.
Commercial Trip Limit
The current commercial trip limit is 12 fish per trip, and was
established in Amendment 37 to help constrain commercial harvest to the
commercial ACT and avoid an in-season closure as a result of the AMs
being triggered (78 FR 27084, May 5, 2013). This proposed rule would
increase the trip limit to 16 fish per trip.
[[Page 44553]]
As described in Amendment 46, since implementation of the 12 fish
commercial trip limit in 2013, commercial landings have been
consistently below the commercial ACT. Analysis of commercial trips
demonstrated that 80 percent of trips caught 10 gray triggerfish or
less. This indicates that gray triggerfish is primarily a non-target
species by the commercial sector and that increasing the commercial
trip limit would likely result in only a small change in the weight
projected to be landed during a fishing year. However, increasing the
commercial trip limit would allow those fishermen who encounter the
species the opportunity to harvest more fish. This would help achieve
OY for the stock while continuing to constrain commercial landings to
the commercial ACT.
Measures in Amendment 46 Not in This Proposed Rule
In addition to the measures proposed to be implemented through this
proposed rule, Amendment 46 contains actions to set a rebuilding
timeframe and to consider alternatives for the commercial and
recreational ACTs and ACLs.
Rebuilding Time Period and Commercial and Recreational ACTs and ACLs
Amendment 37 established a 5-year rebuilding time period, expiring
in 2017, and the current gray triggerfish commercial and recreational
ACTs and ACLs. The current commercial ACT is 60,900 lb (27,624 kg),
round weight, and the commercial ACL is 64,100 lb (29,075 kg), round
weight. The current recreational ACT is 217,000 lb (98,475 kg), round
weight, and the recreational ACL is 242,200 lb (109,406 kg), round
weight. Amendment 46 would establish a new rebuilding time period for
the Gulf gray triggerfish stock as a result of the stock status
determined through SEDAR 43, and maintain the current commercial and
recreational ACLs and ACTs.
The Council's SSC reviewed SEDAR 43 and recommended alternative
rebuilding time periods of 8, 9, or 10 years and the acceptable
biological catch (ABC) yield streams for each period. There is a 60
percent probability of rebuilding the stock within these time periods
if landings are appropriately constrained to the recommended catch
levels. In Amendment 46, the Council considered these rebuilding time
periods and their associated catch levels, as well as a 6-year period,
which would be the time needed to rebuild the stock in the absence of
fishing mortality. The Council determined that the 9-year rebuilding
time period was as short as possible, taking into account the status
and biology of the stock and the needs of the associated fishing
communities. Although the ABC recommendation associated with the 9-year
time period allowed for an increase in harvest, the Council chose to
adopt a more conservative approach and maintain the current commercial
and recreational ACLs and ACTs for gray triggerfish that were set
through the final rule for Amendment 37 (78 FR 27084, May 9, 2013).
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the FMP, the Magnuson-Stevens Act, and other applicable
law, subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this certification follows.
A description of this proposed rule, why it is being considered,
and the objectives of, and legal basis for this proposed rule are
contained in the preamble. The Magnuson-Stevens Act provides the
statutory basis for this proposed rule.
This proposed rule would directly affect commercial and
recreational fishing for gray triggerfish in Gulf Federal waters.
Anglers are not considered small entities as that term is defined in
the RFA (5 U.S.C. 601(6)). Consequently, estimates of the number of
anglers directly affected by the rule and the impacts on them are not
provided here.
NMFS estimates an average of 223 commercial fishing vessels harvest
gray triggerfish in Gulf Federal waters annually, and the number of
businesses that own these vessels ranges from 166 to 223. The average
vessel harvested 164 lb (74.4 kg), gutted weight, of gray triggerfish
annually with a dockside value of $331 (2015 dollars), and that average
vessel's annual dockside revenue from all landings is $158,804 (2015
dollars).
For RFA purposes, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (50 CFR 200.2). A business primarily
involved in commercial fishing (NAICS 11411) is classified as a small
business if it is independently owned and operated, is not dominant in
its field of operation (including its affiliates), and its combined
annual receipts are not in excess of $11 million for all of its
affiliated operations worldwide. Based on the average annual revenue
for a vessel that lands gray triggerfish, it is concluded that most to
all of the businesses that harvest gray triggerfish from the Gulf are
small businesses.
Amendment 46 would establish a rebuilding time period of 9 years or
by the end of 2025, and this revised time period would have no direct
impact on any small business.
The proposed rule would retain the current commercial ACL and
commercial ACT for gray triggerfish, which have been in effect since
2013 (78 FR 27084, May 9, 2013). These status quo measures would have
no additional impact on any small business.
The proposed rule would increase the commercial trip limit for gray
triggerfish. A 12-fish trip limit has been in effect since 2013, and
this proposed rule would allow for up to four more gray triggerfish to
be landed per trip. The average weight of a commercially sized gray
triggerfish is estimated to be 4.113 lb (1.866 kg), gutted weight. In
2015, the average dockside price of gray triggerfish was $2.12 per
pound, gutted weight. At that price, the proposed rule could increase
dockside revenue to as much as $34.88 per trip. It is estimated that
the average annual beneficial impact would range from $0 to $135 per
vessel, which represents from 0.00 percent to 0.08 percent of the
average vessel's annual dockside revenue from all landings.
Therefore, this proposed rule would not have a significant economic
impact on a substantial number of small entities, and an initial
regulatory flexibility analysis is not required and none has been
prepared.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gray triggerfish, Gulf,
Recreational.
Dated: September 18, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
[[Page 44554]]
PART 622--FISHERIES OF THE CARIBBEAN, GULF, 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. 622.34, revise paragraph (f) to read as follows:
Sec. 622.34 Seasonal and area closures designed to protect Gulf reef
fish.
* * * * *
(f) Seasonal closures for gray triggerfish. The recreational sector
for gray triggerfish in or from the Gulf EEZ is closed from January 1
through the end of February, and from June 1 through July 31, each
year. During a recreational closure, the bag and possession limits for
gray triggerfish in or from the Gulf EEZ are zero. The commercial
sector for gray triggerfish in or from the Gulf EEZ is closed from June
1 through July 31, each year. During the period of both the commercial
and recreational closure, all harvest or possession in or from the Gulf
EEZ of gray triggerfish is prohibited and the sale and purchase of gray
triggerfish taken from the Gulf EEZ is prohibited.
0
3. In Sec. 622.37, revise paragraph (c)(1) to read as follows:
Sec. 622.37 Size limits.
* * * * *
(c) * * *
(1) Gray triggerfish. (i) For a person not subject to the bag limit
specified in Sec. 622.38(b)(5)-14 inches (35.6 cm), fork length.
(ii) For a person subject to the bag limit specified in Sec.
622.38(b)(5)-15 inches (38.1 cm), fork length.
* * * * *
0
4. In Sec. 622.38, revise paragraph (b)(5) to read as follows:
Sec. 622.38 Bag and possession limits.
* * * * *
(b) * * *
(5) Gulf reef fish, combined, excluding those specified in
paragraphs (b)(1) through (b)(4) and paragraphs (b)(6) through (b)(7)
of this section--20. In addition, within the 20-fish aggregate reef
fish bag limit, no more than 1 fish may be gray triggerfish and no more
than 10 fish may be vermilion snapper.
* * * * *
0
5. In Sec. 622.43, revise paragraph (b) to read as follows:
Sec. 622.43 Commercial trip limits.
* * * * *
(b) Gray triggerfish. Until the commercial ACT (commercial quota)
specified in Sec. 622.39(a)(1)(vi) is reached--16 fish. See Sec.
622.39(b) for the limitations regarding gray triggerfish after the
commercial ACT (commercial quota) is reached.
[FR Doc. 2017-20351 Filed 9-22-17; 8:45 am]
BILLING CODE 3510-22-P
