Reef Fish Fishery of the Gulf of Mexico; Gray Triggerfish Management Measures; Amendment 46, 59523-59526 [2017-27068]
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Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Rules and Regulations
TABLE 1—EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] 1
Applicable geographic or
nonattainment area or title/
subject
Name of SIP provision
*
*
*
Part D
*
EPA approval date
*
Explanation
*
*
Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas)
*
*
*
San Manuel Sulfur Dioxide
San Manuel Sulfur Dioxide
Maintenance Plan ReAir Quality Planning Area.
newal, 1971 Sulfur Dioxide
National Ambient Air Quality Standards (April 2017).
*
State submittal date
*
*
*
April 21, 2017 ........
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*
*
*
December 15, 2017, [insert
Adopted by the Arizona DeFederal Register citation].
partment of Environmental
Quality on April 21, 2017.
Fulfills requirements for
second 10-year maintenance plan.
*
*
*
1 Table
1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and
Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.
*
*
*
*
*
[FR Doc. 2017–26971 Filed 12–14–17; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 170505465–7999–02]
RIN 0648–BG87
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: Final rule.
AGENCY:
NMFS issues regulations 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 final rule revises the
recreational fixed closed season,
recreational bag limit, recreational
minimum size limit, and commercial
trip limit. Additionally, Amendment 46
establishes a new rebuilding time period
for the Gulf of Mexico (Gulf) gray
triggerfish stock. The purpose of this
final rule is to implement management
measures to assist in rebuilding the Gulf
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SUMMARY:
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gray triggerfish stock and achieve
optimum yield (OY).
DATES: This final rule is effective
January 16, 2018.
ADDRESSES: 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 website 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.).
On August 30, 2017, NMFS published
a notice of availability for Amendment
46 and requested public comment (82
FR 41205). On September 25, 2017,
NMFS published a proposed rule for
Amendment 46 and requested public
comment (82 FR 44551). The proposed
rule and Amendment 46 outline the
rationale for the actions contained in
this final rule. A summary of the
management measures described in
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Amendment 46 and implemented by
this final rule is provided below.
The most recent Southeast Data,
Assessment, and Review (SEDAR) 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 Final Rule
For gray triggerfish, this final rule
revises the recreational fixed closed
season, recreational bag limit,
recreational minimum size limit, and
commercial trip limit. NMFS and the
Council are implementing changes to
the recreational management measures
to help constrain recreational landings
to the recreational annual catch target
(ACT) and to avoid triggering
accountability measures (AMs) resulting
in an in-season closure or post-season
payback that would occur if landings
exceed the recreational annual catch
limit (ACL). The increase in the
commercial trip limit will allow those
commercial fishermen who encounter
gray triggerfish to harvest more fish per
trip while continuing to constrain
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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 the
FMP to protect gray triggerfish during
the peak spawning season and help
constrain landings to the recreational
ACT (78 FR 27084, May 5, 2013).
However, recreational landings have
exceeded the recreational ACL or
adjusted ACL the last 4 years. This final
rule establishes 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 2-fish per
person per day within the overall 20fish aggregate reef fish bag limit. This
final rule reduces 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 change to the bag
limit to reduce recreational landings by
15 percent, which will help constrain
harvest to the recreational ACT and
allow the sector to remain open through
the end of the fishing year.
Recreational Minimum 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).
This final rule increases the minimum
size limit to 15 inches (38.1 cm), FL.
Increasing the recreational minimum
size limit will increase the gray
triggerfish stock spawning potential by
maintaining larger-sized fish, which
produce more eggs, and is expected to
help slow recreational harvest.
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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 final rule
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increases the trip limit to 16 fish per
trip.
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 will likely
result in only a small change in the
weight projected to be landed during a
fishing year. However, increasing the
commercial trip limit will allow those
fishermen who encounter the species
the opportunity to harvest more fish.
This will help achieve OY for the stock
while continuing to constrain
commercial landings to the commercial
ACT, which is consistent with
rebuilding the stock within the
rebuilding time period.
Measures in Amendment 46 Not
Codified Through This Final Rule
In addition to the measures
implemented and codified by this final
rule, Amendment 46 contains actions to
establish 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. Amendment 46 establishes a new
rebuilding time period for the Gulf gray
triggerfish stock as a result of the stock
status determined through SEDAR 43,
and maintains the current commercial
and recreational ACLs and ACTs.
In Amendment 46, the Council
determined that a 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
acceptable biological catch
recommendation by the SSC 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).
Comments and Responses
NMFS received 26 comment
submissions from individuals on the
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notice of availability and proposed rule
for Amendment 46. Eleven of the
individual comments agreed with
portions of, or the entirety of, the
actions in Amendment 46 and proposed
rule. Other submissions addressed
issues beyond the scope of the actions
considered in Amendment 46 and the
proposed rule, such as revising the
sector allocations, separating the
recreational sector into private and
charter vessel/headboat components,
and starting a tag program. Specific
comments related to the actions
contained in Amendment 46 and the
proposed rule are summarized and
responded to below.
Comment 1: Increasing the
commercial trip limit while
implementing further restrictions on the
recreational sector is not fair and is not
consistent with rebuilding a gray
triggerfish stock that is currently
determined to be overfished.
Response: NMFS disagrees.
Amendment 37 to the FMP set the
current sector ACTs and ACLs using an
allocation of 79 percent of the stock
ACL to the recreational sector and 21
percent of the stock ACL to the
commercial sector (78 FR 27084, May 9,
2013). There are in-season AMs that
close harvest for the recreational and
commercial sectors when they reach or
are projected to reach their respective
ACT. However, the recreational sector
has exceeded both the recreational ACT
and ACL each year from 2013 through
2016. The commercial sector has not
exceeded the commercial ACT since
2013. Therefore, the Council
determined, and NMFS agrees, that it is
appropriate to implement additional
harvest restrictions for the recreational
sector while increasing the trip limit for
the commercial sector. The recreational
management measures will reduce the
risk of the recreational sector exceeding
its ACL and provide for a longer
recreational season. The increase in the
commercial trip limit will help achieve
OY while the stock continues to rebuild.
In developing Amendment 46, the
Council reviewed five trips limits
alternatives and determined that a trip
limit of 16 fish per trip best addressed
the needs of fishing communities while
continuing to constrain commercial
landings to the commercial ACL. The
trip limit being implemented in this
final rule is expected to result in a
minor increase in annual commercial
landings of 2.79 percent a year over the
current level of landings. However, this
increase will allow those fishermen who
encounter the species the opportunity to
harvest more fish.
Comment 2: The gray triggerfish stock
is the most abundant that it has been in
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recent years, and the harvest limits
should be increased.
Response: NMFS disagrees that
harvest limits should be increased. The
SEDAR 43 stock assessment for Gulf
gray triggerfish was completed in 2015
and indicated that the gray triggerfish
stock was improving and was no longer
undergoing overfishing, but remained
overfished and would not rebuild by the
end of the previously specified
rebuilding time period. In Amendment
46, the Council considered alternatives
to increase the sector ACTs and ACLs.
However, the Council determined, and
NMFS agrees, it is not appropriate to
increase harvest levels given the prior
inadequate progress in rebuilding the
stock. Further, maintaining the current
harvest levels will increase the
likelihood that the stock rebuilds by the
end of the new 9-year time period.
Comment 3: A closure in January and
February will negatively impact winter
residents and tourists in the region.
Response: The Council considered
several alternatives for an additional
recreational closed season, which is
intended to work with the current June
and July seasonal closure, the decrease
in the recreational bag limit, and the
increase in the recreational minimum
size limit and are expected to slow the
rate of recreational harvest, constrain
recreational harvest to the recreational
ACL, and reduce the likelihood of an inseason closure. Alternatives for the
additional closed season included, the
January through February preferred
alternative, a more limited closure in
January only, an extended summer
closure through August, and a closure
for the first 7 months of the year. NMFS
understands that any closed season may
negatively impact those who would like
to fish during that time. However,
fishing effort and landings are generally
lower at the beginning of the year.
Therefore, the Council determined, and
NMFS agrees, that adding the 2-month
closed season at the beginning of the
year will help achieve the desired
reduction in landings while minimizing,
to the extent practicable, the negative
impacts on recreational anglers and
fishing communities.
Comment 4: Several commenters
stated that the recreational minimum
size limit should not be increased to 15
inches (38.1 cm), FL, and the
recreational bag limit should not be
decreased to one fish per person per
day. One commenter suggested a slot
limit of 12 inches to 16 inches (30.5 cm
to 40.6 cm) as opposed to an increase in
the minimum size limit.
Response: NMFS disagrees that the
recreational bag limit and size limit
should not be modified as implemented
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in this final rule. As noted in the
response to Comment 3, the closed
seasons, bag limit, and size limit are
intended to work together to slow
recreational harvest, constrain
recreational harvest to the recreational
ACL, and reduce the likelihood of an inseason closure. In addition, because
larger fish are more fertile, the increase
in the minimum size limit is expected
to benefit the gray triggerfish stock by
increasing spawning potential.
With respect to the suggestion to
implement a slot limit, this is beyond
the scope of what was considered in
Amendment 46 and the proposed rule.
Further, the suggested slot limit would
not likely achieve the desired reduction
in recreational harvest or the benefits to
the stock associated with allowing the
fish additional time to spawn before
they are harvested.
Comment 5: The methods for
verifying commercial catch and the
methods for calculating the current
stock population and ACL for gray
triggerfish in the Gulf are unclear and
should be published.
Response: The current ACLs for gray
triggerfish were established in
Amendment 37 and are available for
public review at the website https://
sero.nmfs.noaa.gov/sustainable_
fisheries/gulf_fisheries/reef_fish/2013/
am37/documents/pdfs/rf_amend37.pdf.
These ACLs were based on the stock
population estimates and projections
included in the SEDAR 9 update
assessment that was completed in 2011
and can be found at the website https://
sedarweb.org/docs/sar/SEDAR9_
SAR1%20GOM%20
Gray%20Triggerfish.pdf. The most
recent stock population estimates are
included in SEDAR 43, which can be
found at the website https://sedarweb.org
/docs/sar/S43_SAR_FINAL.pdf.
Amendment 46 explains the results of
SEDAR 43 and the basis for retaining
the current ACLs.
Commercial landings are verified
through vessel and dealer reporting.
Any fisher whose vessel has a
commercial Federal vessel permit for
Gulf reef fish must report their landings
within 7 days of a trip through the
commercial logbook program. Data from
dealers’ reports submitted electronically
are used to monitor the gray triggerfish
ACLs. All dealers in the Gulf are
required to have a single Federal permit
to purchase managed species and must
submit their reports once per week.
These datasets are updated weekly and
are available for review at the following
website: https://sero.nmfs.noaa.gov/
sustainable_fisheries/acl_monitoring/
commercial_gulf/.
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59525
Classification
The Regional Administrator,
Southeast Region, NMFS has
determined that this final rule is
consistent with Amendment 46, the
FMP, the Magnuson-Stevens Act, and
other applicable law.
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 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.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this rule
would not have a significant adverse
economic impact on a substantial
number of small entities. The factual
basis for this determination was
published in the proposed rule and is
not repeated here. No public comments
were made related to the economic
implications and potential impacts on
small businesses, and no changes to this
final rule were made in response to
public comments. As a result, a final
regulatory flexibility analysis was not
required and none was prepared.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gray
triggerfish, Gulf, Recreational.
Dated: December 12, 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 amended
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:
■
§ 622.34 Seasonal and area closures
designed to protect Gulf reef fish.
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(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
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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.
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■ 3. In § 622.37, revise paragraph (c)(1)
to read as follows:
DEPARTMENT OF COMMERCE
§ 622.37
AGENCY:
Size limits.
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(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.
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■ 4. In § 622.38, revise paragraph (b)(5)
to read as follows:
§ 622.38
Bag and possession limits.
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(b) * * *
(5) Gulf reef fish, combined,
excluding those specified in paragraphs
(b)(1) through (4) and paragraphs (b)(6)
and (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.
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■ 5. In § 622.43, revise paragraph (b) to
read as follows:
§ 622.43
Commercial trip limits.
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(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.
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[FR Doc. 2017–27068 Filed 12–14–17; 8:45 am]
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BILLING CODE 3510–22–P
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National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 160301164–6694–02]
RIN 0648–XF883
Fisheries of the Northeastern United
States; Northeast Skate Complex;
Adjustment to the Skate Wing
Inseason Possession Limit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment.
NMFS announces the
reduction of the commercial skate wing
fishery per-trip possession limit for the
remainder of the 2017 fishing year,
through April 30, 2018. This possession
limit reduction is necessary to prevent
the skate wing commercial quota from
being exceeded, while still allowing the
opportunity to harvest the annual total
allowable landings. This announcement
also informs the public that the skate
wing possession limit is reduced.
DATES: Effective December 27, 2017,
through April 30, 2018.
FOR FURTHER INFORMATION CONTACT:
Cynthia Hanson, Fishery Management
Specialist, (978) 281–9180, or
Cynthia.Hanson@noaa.gov.
SUPPLEMENTARY INFORMATION: The skate
wing and bait fisheries are managed
through the Northeast Skate Complex
Fishery Management Plan; the
regulations for which are found at 50
CFR part 648, subpart O. Regulations at
§ 648.322(b)(2) describe the process of
adjusting the commercial possession
limit of skate wings. When 85 percent
of the annual total allowable landings
(TAL) for skate wing fishery is projected
to be harvested, the NMFS Greater
Atlantic Regional Administrator may
reduce the skate wing possession limit
to the incidental limit, unless the
reduction would be expected to prevent
SUMMARY:
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attainment of the annual TAL. The
initial skate wing possession limit is
4,100 lb (1,860 kg) of wings (9,307 lb
(4,222 kg) whole weight). When the 85percent trigger is reached, this is
reduced to the incidental limit of and
500 lb (227 kg) of wings (1,135 lb (515
kg) whole weight). We anticipate that
implementing this inseason adjustment
will allow the opportunity for the skate
wing fishery to harvest the annual TAL
while reducing the possibility of
exceeding it.
Based on commercial landings data
reported through December 2, 2017, we
project the skate wing fishery to reach
85 percent of the annual TAL (18.46
million lb, 8,372 mt) on or about
December 11, 2017. Furthermore,
without adjustment, there is a high
probability that skate wing landings will
exceed the TAL before the end of the
fishing year. Therefore, consistent with
§ 648.322(b)(2), we are reducing the
skate wing possession limit from 4,100
lb (1,860 kg) of skate wings (9,307 lb
(4,222 kg) whole weight) to 500 lb (227
kg) of skate wings (1,135 lb (515 kg)
whole weight) per trip. At the request of
industry to allow adequate time for safe
gear removal, we are affording a 14-day
notice period before implementing this
reduction. Effective December 27, 2017,
no person may possess on board or land
more than 500 lb (227 kg) of skate wings
(1,135 lb (515 kg) whole weight), or any
prorated combination of skate wings
and whole skates based on the
conversion factor for wing weight to
whole weight of 2.27, per trip for the
remainder of the 2017 fishing year. This
action does not affect vessels fishing
under a skate bait letter of authorization.
On May 1, 2018, the 2018 fishing year
begins, and the commercial skate wing
possession limit will increase to the
skate wing season 1 (May 1, 2018, to
August 31, 2018) possession limit of
2,600 lb (1,179 kg) of skate wings (5,902
lb (2,677 kg) whole weight) per trip.
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]]>Agencies
[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Rules and Regulations]
[Pages 59523-59526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27068]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 170505465-7999-02]
RIN 0648-BG87
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues regulations 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 final rule revises the recreational fixed closed
season, recreational bag limit, recreational minimum size limit, and
commercial trip limit. Additionally, Amendment 46 establishes a new
rebuilding time period for the Gulf of Mexico (Gulf) gray triggerfish
stock. The purpose of this final rule is to implement management
measures to assist in rebuilding the Gulf gray triggerfish stock and
achieve optimum yield (OY).
DATES: This final rule is effective January 16, 2018.
ADDRESSES: 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 website 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: [email protected].
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.).
On August 30, 2017, NMFS published a notice of availability for
Amendment 46 and requested public comment (82 FR 41205). On September
25, 2017, NMFS published a proposed rule for Amendment 46 and requested
public comment (82 FR 44551). The proposed rule and Amendment 46
outline the rationale for the actions contained in this final rule. A
summary of the management measures described in Amendment 46 and
implemented by this final rule is provided below.
The most recent Southeast Data, Assessment, and Review (SEDAR)
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 Final Rule
For gray triggerfish, this final rule revises the recreational
fixed closed season, recreational bag limit, recreational minimum size
limit, and commercial trip limit. NMFS and the Council are implementing
changes to the recreational management measures to help constrain
recreational landings to the recreational annual catch target (ACT) and
to avoid triggering accountability measures (AMs) resulting in an in-
season closure or post-season payback that would occur if landings
exceed the recreational annual catch limit (ACL). The increase in the
commercial trip limit will allow those commercial fishermen who
encounter gray triggerfish to harvest more fish per trip while
continuing to constrain
[[Page 59524]]
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 the FMP to protect gray triggerfish during the peak
spawning season and help constrain landings to the recreational ACT (78
FR 27084, May 5, 2013). However, recreational landings have exceeded
the recreational ACL or adjusted ACL the last 4 years. This final rule
establishes 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
2-fish per person per day within the overall 20-fish aggregate reef
fish bag limit. This final rule reduces 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 change to the bag limit to reduce recreational landings by 15
percent, which will help constrain harvest to the recreational ACT and
allow the sector to remain open through the end of the fishing year.
Recreational Minimum 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). This final rule increases
the minimum size limit to 15 inches (38.1 cm), FL. Increasing the
recreational minimum size limit will increase the gray triggerfish
stock spawning potential by maintaining larger-sized fish, which
produce more eggs, 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 final rule increases
the trip limit to 16 fish per trip.
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 will likely result in only a small change in the weight
projected to be landed during a fishing year. However, increasing the
commercial trip limit will allow those fishermen who encounter the
species the opportunity to harvest more fish. This will help achieve OY
for the stock while continuing to constrain commercial landings to the
commercial ACT, which is consistent with rebuilding the stock within
the rebuilding time period.
Measures in Amendment 46 Not Codified Through This Final Rule
In addition to the measures implemented and codified by this final
rule, Amendment 46 contains actions to establish 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. Amendment 46 establishes a new rebuilding time period
for the Gulf gray triggerfish stock as a result of the stock status
determined through SEDAR 43, and maintains the current commercial and
recreational ACLs and ACTs.
In Amendment 46, the Council determined that a 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 acceptable biological catch recommendation by
the SSC 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).
Comments and Responses
NMFS received 26 comment submissions from individuals on the notice
of availability and proposed rule for Amendment 46. Eleven of the
individual comments agreed with portions of, or the entirety of, the
actions in Amendment 46 and proposed rule. Other submissions addressed
issues beyond the scope of the actions considered in Amendment 46 and
the proposed rule, such as revising the sector allocations, separating
the recreational sector into private and charter vessel/headboat
components, and starting a tag program. Specific comments related to
the actions contained in Amendment 46 and the proposed rule are
summarized and responded to below.
Comment 1: Increasing the commercial trip limit while implementing
further restrictions on the recreational sector is not fair and is not
consistent with rebuilding a gray triggerfish stock that is currently
determined to be overfished.
Response: NMFS disagrees. Amendment 37 to the FMP set the current
sector ACTs and ACLs using an allocation of 79 percent of the stock ACL
to the recreational sector and 21 percent of the stock ACL to the
commercial sector (78 FR 27084, May 9, 2013). There are in-season AMs
that close harvest for the recreational and commercial sectors when
they reach or are projected to reach their respective ACT. However, the
recreational sector has exceeded both the recreational ACT and ACL each
year from 2013 through 2016. The commercial sector has not exceeded the
commercial ACT since 2013. Therefore, the Council determined, and NMFS
agrees, that it is appropriate to implement additional harvest
restrictions for the recreational sector while increasing the trip
limit for the commercial sector. The recreational management measures
will reduce the risk of the recreational sector exceeding its ACL and
provide for a longer recreational season. The increase in the
commercial trip limit will help achieve OY while the stock continues to
rebuild.
In developing Amendment 46, the Council reviewed five trips limits
alternatives and determined that a trip limit of 16 fish per trip best
addressed the needs of fishing communities while continuing to
constrain commercial landings to the commercial ACL. The trip limit
being implemented in this final rule is expected to result in a minor
increase in annual commercial landings of 2.79 percent a year over the
current level of landings. However, this increase will allow those
fishermen who encounter the species the opportunity to harvest more
fish.
Comment 2: The gray triggerfish stock is the most abundant that it
has been in
[[Page 59525]]
recent years, and the harvest limits should be increased.
Response: NMFS disagrees that harvest limits should be increased.
The SEDAR 43 stock assessment for Gulf gray triggerfish was completed
in 2015 and indicated that the gray triggerfish stock was improving and
was no longer undergoing overfishing, but remained overfished and would
not rebuild by the end of the previously specified rebuilding time
period. In Amendment 46, the Council considered alternatives to
increase the sector ACTs and ACLs. However, the Council determined, and
NMFS agrees, it is not appropriate to increase harvest levels given the
prior inadequate progress in rebuilding the stock. Further, maintaining
the current harvest levels will increase the likelihood that the stock
rebuilds by the end of the new 9-year time period.
Comment 3: A closure in January and February will negatively impact
winter residents and tourists in the region.
Response: The Council considered several alternatives for an
additional recreational closed season, which is intended to work with
the current June and July seasonal closure, the decrease in the
recreational bag limit, and the increase in the recreational minimum
size limit and are expected to slow the rate of recreational harvest,
constrain recreational harvest to the recreational ACL, and reduce the
likelihood of an in-season closure. Alternatives for the additional
closed season included, the January through February preferred
alternative, a more limited closure in January only, an extended summer
closure through August, and a closure for the first 7 months of the
year. NMFS understands that any closed season may negatively impact
those who would like to fish during that time. However, fishing effort
and landings are generally lower at the beginning of the year.
Therefore, the Council determined, and NMFS agrees, that adding the 2-
month closed season at the beginning of the year will help achieve the
desired reduction in landings while minimizing, to the extent
practicable, the negative impacts on recreational anglers and fishing
communities.
Comment 4: Several commenters stated that the recreational minimum
size limit should not be increased to 15 inches (38.1 cm), FL, and the
recreational bag limit should not be decreased to one fish per person
per day. One commenter suggested a slot limit of 12 inches to 16 inches
(30.5 cm to 40.6 cm) as opposed to an increase in the minimum size
limit.
Response: NMFS disagrees that the recreational bag limit and size
limit should not be modified as implemented in this final rule. As
noted in the response to Comment 3, the closed seasons, bag limit, and
size limit are intended to work together to slow recreational harvest,
constrain recreational harvest to the recreational ACL, and reduce the
likelihood of an in-season closure. In addition, because larger fish
are more fertile, the increase in the minimum size limit is expected to
benefit the gray triggerfish stock by increasing spawning potential.
With respect to the suggestion to implement a slot limit, this is
beyond the scope of what was considered in Amendment 46 and the
proposed rule. Further, the suggested slot limit would not likely
achieve the desired reduction in recreational harvest or the benefits
to the stock associated with allowing the fish additional time to spawn
before they are harvested.
Comment 5: The methods for verifying commercial catch and the
methods for calculating the current stock population and ACL for gray
triggerfish in the Gulf are unclear and should be published.
Response: The current ACLs for gray triggerfish were established in
Amendment 37 and are available for public review at the website https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2013/am37/documents/pdfs/rf_amend37.pdf. These ACLs were based on the stock
population estimates and projections included in the SEDAR 9 update
assessment that was completed in 2011 and can be found at the website
https://sedarweb.org/docs/sar/SEDAR9_SAR1%20GOM%20Gray%20Triggerfish.pdf. The most recent stock
population estimates are included in SEDAR 43, which can be found at
the website https://sedarweb.org/docs/sar/S43_SAR_FINAL.pdf. Amendment
46 explains the results of SEDAR 43 and the basis for retaining the
current ACLs.
Commercial landings are verified through vessel and dealer
reporting. Any fisher whose vessel has a commercial Federal vessel
permit for Gulf reef fish must report their landings within 7 days of a
trip through the commercial logbook program. Data from dealers' reports
submitted electronically are used to monitor the gray triggerfish ACLs.
All dealers in the Gulf are required to have a single Federal permit to
purchase managed species and must submit their reports once per week.
These datasets are updated weekly and are available for review at the
following website: https://sero.nmfs.noaa.gov/sustainable_fisheries/acl_monitoring/commercial_gulf/.
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that this final rule is consistent with Amendment 46, the FMP, the
Magnuson-Stevens Act, and other applicable law.
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
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.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this rule would not
have a significant adverse economic impact on a substantial number of
small entities. The factual basis for this determination was published
in the proposed rule and is not repeated here. No public comments were
made related to the economic implications and potential impacts on
small businesses, and no changes to this final rule were made in
response to public comments. As a result, a final regulatory
flexibility analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gray triggerfish, Gulf,
Recreational.
Dated: December 12, 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 amended
as follows:
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
[[Page 59526]]
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 (4) and paragraphs (b)(6) and (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. 2017-27068 Filed 12-14-17; 8:45 am]
BILLING CODE 3510-22-P
