Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Vermilion Snapper Management Measures; Amendment 47, 61241-61243 [2017-27934]
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Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules
of the methods listed in ADDRESSES. To
better help us revise the rule, your
comments should be as specific as
possible. For example, you should tell
us the numbers of the sections or
paragraphs that are unclearly written,
which sections or sentences are too
long, the sections where you feel lists or
tables would be useful, etc.
National Environmental Policy Act (42
U.S.C. 4321 et seq.)
We have determined that
environmental assessments and
environmental impact statements, as
defined under the authority of the
National Environmental Policy Act (42
U.S.C. 4321 et seq.), need not be
prepared in connection with listing a
species as an endangered or threatened
species under the Endangered Species
Act. We published a notice outlining
our reasons for this determination in the
Common name
References Cited
A complete list of references cited in
this rulemaking is available on the
internet at https://www.regulations.gov
and upon request from the Branch of
Foreign Species, Ecological Services
(see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this proposed
rule are the staff members of the Branch
of Foreign Species, Ecological Services,
Falls Church, VA.
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Scientific name
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Proposed Regulation Promulgation
Federal Register on October 25, 1983
(48 FR 49244).
Accordingly, we propose to amend
part 17, subchapter B of chapter I, title
50 of the Code of Federal Regulations,
as set forth below:
PART 17—ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
1. The authority citation for part 17
continues to read as follows:
■
Authority: 16 U.S.C. 1361–1407; 1531–
1544; and 4201–4245, unless otherwise
noted.
2. In § 17.11(h), add an entry for
‘‘Sturgeon, Yangtze’’ to the List of
Endangered and Threatened Wildlife in
alphabetical order under FISHES to read
as set forth below:
■
§ 17.11 Endangered and threatened
wildlife.
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(h) * * *
Where listed
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Status
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Listing citations and applicable
rules
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FISHES
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Sturgeon, Yangtze ......................
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Acipenser dabryanus ................
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 170720688–7688–01]
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RIN 0648–BH07
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Vermilion Snapper Management
Measures; Amendment 47
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
Jkt 244001
NMFS proposes to implement
management measures described in
Amendment 47 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 47). For vermilion
snapper, this proposed rule would
revise the stock annual catch limit
(ACL). Additionally, Amendment 47
would establish a proxy for the estimate
of the stock maximum sustainable yield
(MSY). The purpose of this proposed
rule is to revise the stock ACL for
vermilion snapper in the Gulf of Mexico
(Gulf) consistent with the most recent
stock assessment.
DATES: Written comments must be
received on or before January 26, 2018.
ADDRESSES: You may submit comments
on the amendment identified by
‘‘NOAA–NMFS–2017–0106’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
SUMMARY:
BILLING CODE 4333–15–P
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Proposed rule; request for
comments.
[FR Doc. 2017–27954 Filed 12–26–17; 8:45 am]
20:10 Dec 26, 2017
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ACTION:
Dated: November 15, 2017.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife
Service, Exercising the Authority of the
Director, U.S. Fish and Wildlife Service.
VerDate Sep<11>2014
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Wherever found ........................
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[Insert Federal Register citation when published as a final
rule].
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Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=
NOAA-NMFS-2017-0106, 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
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 47, which
includes an environmental assessment,
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Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules
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/
am47/docs/PDFs/gulf_reef_am47_
vermilion_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 vermilion
snapper, 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).
Background
The Magnuson-Stevens Act requires
the Council to specify the MSY for
managed stocks. The National Standard
1 Guidelines state that the Council
should adopt a reasonable proxy for
MSY if data are insufficient to estimate
MSY directly.
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Status of the Vermilion Snapper Stock
Amendment 23 to the FMP
established MSY for vermilion snapper
as the yield associated with FMSY when
the stock is at equilibrium, where F is
defined as fishing mortality (70 FR 109;
June 8, 2005). The final rule for the
Generic Annual Catch Limit (ACL) and
Accountability Measures (AM)
Amendment established the vermilion
snapper stock ACL and set it equal to
the ABC at 3.42 million lb (1.55 million
kg), round weight (76 FR 82044,
December 29, 2011).
In 2016, a standard assessment for
vermilion snapper was conducted
(SEDAR 45) and the stock status was
evaluated using several MSY proxies.
Under all proxies evaluated in SEDAR
45, overfishing was not occurring and
the stock was not overfished. The
Council’s Scientific and Statistical
Committee (SSC) determined that the
most appropriate proxy for MSY is the
yield when fishing at a mortality rate
corresponding to 30 percent spawning
potential ratio (F30% SPR).
SEDAR 45 also included projections
for the overfishing limit and the ABC.
The SSC provided the Council two
recommendations for ABC: one that is
derived from fishing at 75 percent of the
MSY proxy (F30% SPR) and results in a
declining ABC from 2017 through 2021,
and one that is derived using the
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20:10 Dec 26, 2017
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average of 2017–2021 ABCs and results
in a constant ABC. The two ABC
recommendations are equivalent in
terms of maintaining the stock status
and the Council selected the constant
catch scenario that yielded an ABC of of
3.11 million lb (1.41 million kg).
Management Measure Contained in
This Proposed Rule
This proposed rule would revise the
stock ACL for Gulf vermilion snapper
consistent with the results of SEDAR 45
and the SSC’s new ABC
recommendation. The current ACL of
3.42 million lb (1.55 million kg), round
weight, exceeds the ABCs recommended
by the Council’s SSC. Therefore, the
Council determined that the ACL for
vermilion snapper should be decreased
to equal the constant catch ABC and this
proposed rule would set the stock ACL
at 3.11 million lb (1.41 million kg),
round weight.
The current accountability measures
for vermilion snapper require NMFS to
close the commercial and recreational
fishing seasons if the combined
commercial and recreational landings
reach or are projected to reach the stock
ACL. Since 2013, combined landings
have been less than 3.00 million lb (1.36
million kg), round weight, every year.
Therefore, NMFS does not expect the
combined landings of vermilion snapper
to reach the proposed stock ACL and
result in a closure before the end of the
fishing year.
Measures in Amendment 47 Not
Codified Through This Proposed Rule
In addition to the measure proposed
to be implemented through this
proposed rule, Amendment 47 would
establish a proxy for vermilion snapper
MSY.
For vermilion snapper, the Council’s
SSC recommended that a proxy be used
for MSY. The Council’s SSC
recommended F30% SPR as the MSY
proxy for SEDAR 45, and the Council
agreed. Under this proxy, the stock is
not overfished or undergoing
overfishing.
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 Amendment 47, 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 Magnuson-Stevens Act provides
the statutory basis for this proposed
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rule. No duplicative, overlapping, or
conflicting Federal rules have been
identified. A description of this
proposed rule and its purpose and need
are contained in the SUMMARY section of
the preamble.
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 is as follows.
This proposed rule would directly
affect commercial and recreational
fishing for vermilion snapper in the Gulf
exclusive economic zone (EEZ). Anglers
(recreational fishers) are not considered
small entities as that term is defined in
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.
Any commercial fishing business that
operates a commercial fishing vessel
that harvests vermilion snapper in the
Gulf EEZ must have a valid Federal
commercial Gulf reef fish permit that is
specifically assigned to that vessel. The
Gulf reef fish permit is a limited access
permit. As of February 21, 2017, 848
vessels had a Federal Gulf reef fish
permit and 795 of the permits were
valid. NMFS estimates that 631
businesses own the 848 vessels with a
Federal permit, and the size of their
individual Gulf reef fish fleets vary from
1 to 17 vessels.
The number of federally permitted
vessels that land vermilion snapper is
substantially less than the number of
vessels with a Gulf reef fish permit.
From 2011 through 2015, approximately
35 percent to 40 percent of the vessels
with a Federal permit landed vermilion
snapper in any given year. During that
same 5-year period, an annual average
of 342 federally permitted vessels
landed vermilion snapper. NMFS
estimates these 342 vessels are operated
by 252 businesses.
The 342 vessels landed an average of
4,914 lb (2,229 kg), gutted weight, of
vermilion snapper with a dockside
value of $15,293 (2015 dollars)
annually. This average annual dockside
revenue from landings of vermilion
snapper represents approximately 12
percent of the average vessel’s annual
dockside revenue from all species.
However, there are considerable
differences in average annual landings
of vermilion snapper by gear type from
2011 through 2015. For example, the
average longline vessel annually landed
72 to 73 lb (32 to 33 kg), gutted weight,
of the species, whereas the average
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Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules
hook-and-line vessel landed over 7,000
lb, (3,175 kg) gutted weight, annually.
Hook-and-line is the primary gear type
used by the commercial sector. The
average federally permitted hook-andline vessel landed 7,078 lb (3,211 kg),
gutted weight, of vermilion snapper
annually with a dockside value of
$22,276 (2015 dollars), and those
vermilion snapper landings represent
approximately 17 percent of that
average vessel’s annual dockside
revenue from all landings.
For RFA purposes, 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 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
federally permitted vessel that lands
vermilion snapper, regardless of gear
used, it is concluded that most to all of
the businesses that harvest vermilion
snapper from the Gulf EEZ are small.
Amendment 47 would establish an
MSY proxy for vermilion snapper and
that has no direct impact on any small
business.
This proposed rule would decrease
the stock ACL of vermilion snapper. The
stock ACL is currently 3.42 million lb
(1.55 million kg), round weight, and has
been in place since 2012. This proposed
rule would decrease the stock ACL to
3.11 million lb (1.41 million kg), round
weight.
If combined landings reach or are
projected to reach the stock ACL, the
commercial and recreational fishing
seasons are closed early as a result of
accountability measures being triggered.
Since 2012, there have been no early
closures because combined commercial
and recreational landings of vermilion
snapper have been less than the stock
ACL. From 2012 through 2015,
combined landings varied from
approximately 2.54 million lb (1.15
million kg) to 3.17 million lb (1.44
million kg), round weight, annually and
averaged approximately 2.73 million lb
(1.24 million kg). Since 2013, combined
landings have been less than 3.00
million lb (1.36 million kg), round
weight, every year, and preliminary data
for 2016 indicate combined landings of
approximately 2.63 million lb (1.19
million kg), round weight. Preliminary
landings data for 2016 indicate
combined landings of approximately 2.6
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20:10 Dec 26, 2017
Jkt 244001
million lb (1.18 million kg), round
weight. Moreover, as of November 27,
2017, for commercial landings and
through the third wave for recreational
landings, combined landings for 2017
are approximately 2.4 million lb (1.09
million kg), round weight. Based on
recent landings data, it is expected that
combined landings of vermilion snapper
would be less than the proposed stock
ACL of 3.11 million lb (1.41 million kg),
round weight, and there would be no
early closures. Therefore, NMFS expects
the reduction of the stock ACL would
have no economic impact on small
businesses that harvest vermilion
snapper from the Gulf EEZ.
No new reporting, record-keeping, or
other compliance requirements are
introduced by this proposed rule.
Accordingly, this proposed rule does
not implicate the Paperwork Reduction
Act.
In conclusion, NMFS expects 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, Gulf,
Recreational, Vermilion snapper.
Dated: December 21, 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:
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 § 622.41, revise the last sentence
of paragraph (j) to read as follows:
■
§ 622.41 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
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(j) * * * The stock ACL for vermilion
snapper is 3.11 million lb (1.41 million
kg), round weight.
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[FR Doc. 2017–27934 Filed 12–26–17; 8:45 am]
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61243
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170621579–7579–01]
RIN 0648–BG96
Fisheries of the Exclusive Economic
Zone Off Alaska; Nontrawl Lead Level
2 Observers
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes regulations to
modify specific provisions of the North
Pacific Observer Program. The first two
elements of this proposed rule would
modify the requirements for an observer
to obtain a nontrawl lead level 2 (LL2)
deployment endorsement and
implement a pre-cruise meeting
requirement for vessels required to carry
an observer with a nontrawl LL2
deployment endorsement. These
elements are intended to increase the
number of observers that qualify for a
nontrawl LL2 deployment endorsement
and maintain observer safety and data
quality. The third element of this
proposed rule would make editorial
changes, and modify observer coverage
and reporting requirements for vessels
when participating in the Western
Alaska Community Development Quota
(CDQ) Program. This element is
intended to promote operational
efficiency, and remove unnecessary
requirements for specific vessels
participating in the CDQ Program. This
action is intended to promote the goals
and objectives of the Magnuson-Stevens
Fishery Conservation and Management
Act, the Fishery Management Plan
(FMP) for Groundfish of the Gulf of
Alaska, and the FMP for Groundfish of
the Bering Sea and Aleutian Islands
Management Area, and other applicable
law.
DATES: Comments must be received no
later than January 26, 2018.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2017–0071 by either of the
following methods:
• Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20170071, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Proposed Rules]
[Pages 61241-61243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27934]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 170720688-7688-01]
RIN 0648-BH07
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Vermilion Snapper Management
Measures; Amendment 47
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 47 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 47). For vermilion snapper,
this proposed rule would revise the stock annual catch limit (ACL).
Additionally, Amendment 47 would establish a proxy for the estimate of
the stock maximum sustainable yield (MSY). The purpose of this proposed
rule is to revise the stock ACL for vermilion snapper in the Gulf of
Mexico (Gulf) consistent with the most recent stock assessment.
DATES: Written comments must be received on or before January 26, 2018.
ADDRESSES: You may submit comments on the amendment identified by
``NOAA-NMFS-2017-0106'' 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-2017-0106, 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 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 47, which includes an
environmental assessment,
[[Page 61242]]
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/am47/docs/PDFs/gulf_reef_am47_vermilion_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 vermilion snapper, 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).
Background
The Magnuson-Stevens Act requires the Council to specify the MSY
for managed stocks. The National Standard 1 Guidelines state that the
Council should adopt a reasonable proxy for MSY if data are
insufficient to estimate MSY directly.
Status of the Vermilion Snapper Stock
Amendment 23 to the FMP established MSY for vermilion snapper as
the yield associated with FMSY when the stock is at
equilibrium, where F is defined as fishing mortality (70 FR 109; June
8, 2005). The final rule for the Generic Annual Catch Limit (ACL) and
Accountability Measures (AM) Amendment established the vermilion
snapper stock ACL and set it equal to the ABC at 3.42 million lb (1.55
million kg), round weight (76 FR 82044, December 29, 2011).
In 2016, a standard assessment for vermilion snapper was conducted
(SEDAR 45) and the stock status was evaluated using several MSY
proxies. Under all proxies evaluated in SEDAR 45, overfishing was not
occurring and the stock was not overfished. The Council's Scientific
and Statistical Committee (SSC) determined that the most appropriate
proxy for MSY is the yield when fishing at a mortality rate
corresponding to 30 percent spawning potential ratio
(F30 SPR).
SEDAR 45 also included projections for the overfishing limit and
the ABC. The SSC provided the Council two recommendations for ABC: one
that is derived from fishing at 75 percent of the MSY proxy
(F30 SPR) and results in a declining ABC from 2017
through 2021, and one that is derived using the average of 2017-2021
ABCs and results in a constant ABC. The two ABC recommendations are
equivalent in terms of maintaining the stock status and the Council
selected the constant catch scenario that yielded an ABC of of 3.11
million lb (1.41 million kg).
Management Measure Contained in This Proposed Rule
This proposed rule would revise the stock ACL for Gulf vermilion
snapper consistent with the results of SEDAR 45 and the SSC's new ABC
recommendation. The current ACL of 3.42 million lb (1.55 million kg),
round weight, exceeds the ABCs recommended by the Council's SSC.
Therefore, the Council determined that the ACL for vermilion snapper
should be decreased to equal the constant catch ABC and this proposed
rule would set the stock ACL at 3.11 million lb (1.41 million kg),
round weight.
The current accountability measures for vermilion snapper require
NMFS to close the commercial and recreational fishing seasons if the
combined commercial and recreational landings reach or are projected to
reach the stock ACL. Since 2013, combined landings have been less than
3.00 million lb (1.36 million kg), round weight, every year. Therefore,
NMFS does not expect the combined landings of vermilion snapper to
reach the proposed stock ACL and result in a closure before the end of
the fishing year.
Measures in Amendment 47 Not Codified Through This Proposed Rule
In addition to the measure proposed to be implemented through this
proposed rule, Amendment 47 would establish a proxy for vermilion
snapper MSY.
For vermilion snapper, the Council's SSC recommended that a proxy
be used for MSY. The Council's SSC recommended F30
SPR as the MSY proxy for SEDAR 45, and the Council agreed. Under this
proxy, the stock is not overfished or undergoing overfishing.
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 Amendment 47, 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 Magnuson-Stevens Act provides the statutory basis for this
proposed rule. No duplicative, overlapping, or conflicting Federal
rules have been identified. A description of this proposed rule and its
purpose and need are contained in the SUMMARY section of the preamble.
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 is as follows.
This proposed rule would directly affect commercial and
recreational fishing for vermilion snapper in the Gulf exclusive
economic zone (EEZ). Anglers (recreational fishers) are not considered
small entities as that term is defined in 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.
Any commercial fishing business that operates a commercial fishing
vessel that harvests vermilion snapper in the Gulf EEZ must have a
valid Federal commercial Gulf reef fish permit that is specifically
assigned to that vessel. The Gulf reef fish permit is a limited access
permit. As of February 21, 2017, 848 vessels had a Federal Gulf reef
fish permit and 795 of the permits were valid. NMFS estimates that 631
businesses own the 848 vessels with a Federal permit, and the size of
their individual Gulf reef fish fleets vary from 1 to 17 vessels.
The number of federally permitted vessels that land vermilion
snapper is substantially less than the number of vessels with a Gulf
reef fish permit. From 2011 through 2015, approximately 35 percent to
40 percent of the vessels with a Federal permit landed vermilion
snapper in any given year. During that same 5-year period, an annual
average of 342 federally permitted vessels landed vermilion snapper.
NMFS estimates these 342 vessels are operated by 252 businesses.
The 342 vessels landed an average of 4,914 lb (2,229 kg), gutted
weight, of vermilion snapper with a dockside value of $15,293 (2015
dollars) annually. This average annual dockside revenue from landings
of vermilion snapper represents approximately 12 percent of the average
vessel's annual dockside revenue from all species. However, there are
considerable differences in average annual landings of vermilion
snapper by gear type from 2011 through 2015. For example, the average
longline vessel annually landed 72 to 73 lb (32 to 33 kg), gutted
weight, of the species, whereas the average
[[Page 61243]]
hook-and-line vessel landed over 7,000 lb, (3,175 kg) gutted weight,
annually. Hook-and-line is the primary gear type used by the commercial
sector. The average federally permitted hook-and-line vessel landed
7,078 lb (3,211 kg), gutted weight, of vermilion snapper annually with
a dockside value of $22,276 (2015 dollars), and those vermilion snapper
landings represent approximately 17 percent of that average vessel's
annual dockside revenue from all landings.
For RFA purposes, 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
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 federally permitted vessel that lands vermilion snapper,
regardless of gear used, it is concluded that most to all of the
businesses that harvest vermilion snapper from the Gulf EEZ are small.
Amendment 47 would establish an MSY proxy for vermilion snapper and
that has no direct impact on any small business.
This proposed rule would decrease the stock ACL of vermilion
snapper. The stock ACL is currently 3.42 million lb (1.55 million kg),
round weight, and has been in place since 2012. This proposed rule
would decrease the stock ACL to 3.11 million lb (1.41 million kg),
round weight.
If combined landings reach or are projected to reach the stock ACL,
the commercial and recreational fishing seasons are closed early as a
result of accountability measures being triggered. Since 2012, there
have been no early closures because combined commercial and
recreational landings of vermilion snapper have been less than the
stock ACL. From 2012 through 2015, combined landings varied from
approximately 2.54 million lb (1.15 million kg) to 3.17 million lb
(1.44 million kg), round weight, annually and averaged approximately
2.73 million lb (1.24 million kg). Since 2013, combined landings have
been less than 3.00 million lb (1.36 million kg), round weight, every
year, and preliminary data for 2016 indicate combined landings of
approximately 2.63 million lb (1.19 million kg), round weight.
Preliminary landings data for 2016 indicate combined landings of
approximately 2.6 million lb (1.18 million kg), round weight. Moreover,
as of November 27, 2017, for commercial landings and through the third
wave for recreational landings, combined landings for 2017 are
approximately 2.4 million lb (1.09 million kg), round weight. Based on
recent landings data, it is expected that combined landings of
vermilion snapper would be less than the proposed stock ACL of 3.11
million lb (1.41 million kg), round weight, and there would be no early
closures. Therefore, NMFS expects the reduction of the stock ACL would
have no economic impact on small businesses that harvest vermilion
snapper from the Gulf EEZ.
No new reporting, record-keeping, or other compliance requirements
are introduced by this proposed rule. Accordingly, this proposed rule
does not implicate the Paperwork Reduction Act.
In conclusion, NMFS expects 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, Gulf, Recreational, Vermilion
snapper.
Dated: December 21, 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:
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. 622.41, revise the last sentence of paragraph (j) to read
as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(j) * * * The stock ACL for vermilion snapper is 3.11 million lb
(1.41 million kg), round weight.
* * * * *
[FR Doc. 2017-27934 Filed 12-26-17; 8:45 am]
BILLING CODE 3510-22-P
