Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Modifications to Greater Amberjack Allowable Harvest and Rebuilding Plan, 61485-61487 [2017-28047]
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Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Rules and Regulations
g. In Alternate V—
i. In the clause heading, removing the
date ‘‘(DEC 2016)’’ and adding ‘‘(DEC
2017)’’ in its place; and
■ ii. In paragraph (a), the definition of
‘‘Qualifying country’’, adding, in
alphabetical order, the country of
‘‘Latvia’’.
■
■
[FR Doc. 2017–27780 Filed 12–27–17; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 219
[Docket No. FRA–2001–11213, Notice No.
22]
Drug and Alcohol Testing:
Determination of Minimum Random
Testing Rates for 2018
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notification of determination.
AGENCY:
This notification of
determination announces the FRA
Administrator’s minimum annual
random drug and alcohol testing rates
for calendar year 2018.
DATES: This notification of
determination is effective December 28,
2017.
FOR FURTHER INFORMATION CONTACT: Jerry
Powers, FRA Drug and Alcohol Program
Manager, W33–310, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590
(telephone 202–493–6313); or Sam Noe,
FRA Drug and Alcohol Program
Specialist (telephone 615–719–2951).
SUPPLEMENTARY INFORMATION: For the
next calendar year, FRA determines the
minimum annual random drug testing
rate and the minimum annual random
alcohol testing rate for railroad
employees covered by hours of service
laws and regulations (covered service
employees) based on the railroad
industry data available for the two
previous calendar years (for this
document, calendar years 2015 and
2016). Railroad industry data submitted
to FRA’s Management Information
System (MIS) shows the rail industry’s
random drug testing positive rate for
covered service employees has
continued to be below 1.0 percent for
the applicable two calendar years.
FRA’s Administrator has therefore
determined the minimum annual
random drug testing rate from January 1,
2018 through December 31, 2018, will
remain at 25 percent of covered service
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:07 Dec 27, 2017
Jkt 244001
employees under § 219.602 of FRA’s
drug and alcohol rule (49 CFR part 219).
In addition, because the industry-wide
random alcohol testing violation rate for
covered service employees has
continued to be below 0.5 percent for
the applicable two calendar years, the
Administrator has determined the
minimum annual random alcohol
testing rate will remain at 10 percent of
covered service employees from January
1, 2018 through December 31, 2018,
under § 219.608. Because these rates
represent minimums, railroads may
conduct FRA random testing of covered
service employees at higher rates.
On June 12, 2017, maintenance-ofway (MOW) employees became subject
to FRA random drug and alcohol
testing. In the final rule which
expanded the scope of part 219 to
include MOW employees (81 FR 37894,
June 10, 2016), FRA had set the initial
minimum annual random testing rates
for MOW employees at 50 percent of
MOW employees for drugs and 25
percent of MOW employees for alcohol;
FRA had set identical initial minimum
random testing rates for covered
employees when they first became
subject to random testing. Unlike
covered employees, however, FRA does
not yet have two full years of MIS data
to gauge the industry-wide random drug
and random alcohol positive rates for
MOW employees. For this reason, FRA’s
Administrator has determined that for
MOW employees, from January 1, 2018
through December 31, 2018, the
minimum annual random drug testing
rate will remain at 50 percent of MOW
employees, and the minimum annual
random alcohol testing rate will remain
at 25 percent of MOW employees. As
with covered service employees,
because these rates represent
minimums, railroads may conduct FRA
random testing of MOW employees at
higher rates.
Issued in Washington, DC, on December
21, 2017.
Juan D. Reyes, III,
Chief Counsel.
[FR Doc. 2017–27976 Filed 12–27–17; 8:45 am]
BILLING CODE 4910–06–P
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61485
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 170816768–7999–02]
RIN 0648–BH14
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Modifications to Greater Amberjack
Allowable Harvest and Rebuilding Plan
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 a framework action 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). This final rule revises the
commercial and recreational annual
catch limits (ACLs) and annual catch
targets (ACTs), and modifies the
recreational fixed closed season for
greater amberjack in the Gulf of Mexico
(Gulf) exclusive economic zone (EEZ).
The purpose of this final rule and the
framework action is to adjust the
rebuilding time period and to revise the
sector ACLs and ACTs consistent with
updated stock status information to end
overfishing and rebuild the greater
amberjack stock in the Gulf.
DATES: This final rule is effective
January 27, 2018.
ADDRESSES: Electronic copies of the
framework action, which includes an
environmental assessment, a regulatory
impact review, and a Regulatory
Flexibility Act (RFA) analysis may be
obtained from the Southeast Regional
Office website at https://
sero.nmfs.noaa.gov/sustainable_
fisheries/gulf_fisheries/reef_fish/2017/
GAJ_Framework/gaj_framework.pdf.
FOR FURTHER INFORMATION CONTACT:
Kelli O’Donnell, Southeast Regional
Office, NMFS, telephone: 727–824–
5305, email: Kelli.ODonnell@noaa.gov.
SUPPLEMENTARY INFORMATION: The Gulf
reef fish fishery, which includes greater
amberjack, is managed under the FMP.
The Council prepared the FMP, and
NMFS implements the FMP under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Steven Act) through
regulations at 50 CFR part 622.
SUMMARY:
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61486
Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Rules and Regulations
On November 20, 2017, NMFS
published a proposed rule for the
framework action and requested public
comment (82 FR 55074). The proposed
rule and framework action outline the
rationale for the actions contained in
this final rule. A summary of the
management measures described in the
framework action and implemented by
this final rule is provided below.
Management Measures Contained in
This Final Rule
This final rule revises the commercial
and recreational ACLs and ACTs (which
are expressed as quotas in the regulatory
text), and revises the recreational fixed
closed season for greater amberjack in
the Gulf.
sradovich on DSK3GMQ082PROD with RULES
Commercial and Recreational ACLs and
ACTs
The current commercial ACL is
464,400 lb (210,648 kg), and the
commercial ACT is 394,740 lb (179,051
kg). The current recreational ACL is
1,255,600 lb (569,530 kg), and the
recreational ACT is 1,092,372 lb
(495,492 kg). All weights described in
this final rule are given in round weight.
This final rule revises the commercial
and recreational ACLs and ACTs for
Gulf greater amberjack based on the
results of the SEDAR 33 Update (2016)
and the acceptable biological catch
(ABC) recommendations from the
Council’s Scientific and Statistical
Committee (SSC). This final rule sets the
commercial ACL at 319,140 lb (144,759
kg) for 2018, 402,030 lb (182,357 kg) for
2019, and 484,380 lb (219,711 kg) for
2020 and subsequent years. The
commercial ACT is set at 277,651 lb
(125,940 kg) for 2018, 349,766 lb
(158,651 kg) for 2019, and 421,411 lb
(191,148 kg) for 2020 and subsequent
years. The recreational ACL is set at
862,860 lb (391,386 kg) for 2018,
1,086,970 lb (493,041 kg) for 2019, and
1,309,620 lb (594,033 kg) for 2020 and
subsequent years. The recreational ACT
is set at 716,173 lb (354,850 kg) for
2018, 902,185 lb (409,223 kg) for 2019,
and 1,086,985 lb (493,047 kg) for 2020
and subsequent years. These revisions
to the ACLs and ACTs are projected to
rebuild the stock by 2027.
Recreational Fixed Closed Season
This final rule revises the greater
amberjack recreational fixed closed
season from June 1 through July 31,
which was established in the final rule
for Amendment 35 to the FMP (77 FR
67574; November 13, 2012). That closed
season was implemented to restrict
harvest during times of peak fishing
effort in order to prevent a recreational
in-season closure as a result of the quota
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being met, and therefore provide for a
longer fishing season for the recreational
sector. The June 1 through July 31
recreational fixed closed season also
was intended to allow for the harvest of
one highly targeted species (red
snapper) when the fishing season for the
other species (greater amberjack) was
closed. However, in-season closures of
greater amberjack have continued to
occur since the implementation of
Amendment 35, and the reduction of
the recreational red snapper season,
which opens on June 1 each year, has
resulted in closures for both of these
species simultaneously. This final rule
changes the recreational fixed closed
season for greater amberjack to January
1 through June 30. The Council
determined that extending the length of
the recreational fixed closed season to
the 6-month period of January 1 through
June 30 will protect greater amberjack
during peak spawning months (March
through April) in the majority of the
Gulf, thereby contributing to the
rebuilding of the greater amberjack
stock. The Council also determined that
the 6-month fixed closed season will
reduce the likelihood that the
recreational sector will meet its quota
and trigger an in-season quota closure,
or exceed its ACL, which would require
a subsequent ACL and ACT payback in
the following year because of an ACL
overage.
The Council intends the new 6-month
fixed closed season established by this
final rule to be a short-term measure; it
recently submitted another greater
amberjack framework action to NMFS
for review. Implementation of that
framework action would modify this 6month recreational closed season to
create two separate fishing seasons: one
open from May 1 through May 31, and
a second open from August 1 through
October 31. NMFS expects to publish a
proposed rule in early 2018 and to
solicit public comments on this change.
Comments and Responses
NMFS received a total of 12
comments on the proposed rule for the
framework action. Two comments
supported the changes to the
commercial and recreational ACLs and
ACTs and the recreational seasonal
closure, and six comments disagreed
with the proposed rule, although some
of the comments were similar in reasons
for disagreement.
Other comments that were outside the
scope of the proposed rule and therefore
not addressed here, stated that charter
vessel and headboat harvest should be
considered commercial and that the use
of longlines in the Gulf should be
eliminated. Specific comments related
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to the framework action and the
proposed rule are grouped as
appropriate and summarized below,
followed by NMFS’ respective
responses.
Comment 1: Recreational fishing for
greater amberjack should not be open
during the summer when effort is
highest and other species, such as red
snapper, are available for harvest.
Response: NMFS and the Council
intend the January 1 through June 30
closure implemented through this final
rule to be a short-term measure. As
noted above, the Council recently
submitted a framework action to NMFS
that would change the January 1
through June 30 closure by establishing
two separate annual recreational fishing
seasons: one open from May 1 through
May 31, and a second open from August
1 through October 31. However, even if
the January through June closure
remains in place, this final rule is
expected to extend the fishing season
into October, when fishing for other
species, such as red snapper, have
closed.
Comment 2: There needs to be at least
one species that is important to
recreational anglers available for harvest
at the beginning of the calendar year.
Response: NMFS agrees that it is
important to have species targeted by
the recreational sector available early in
the calendar year. Although this final
rule would make greater amberjack
unavailable at the beginning of the
calendar year, there are many other Gulf
reef fish species, such as red grouper,
deep water groupers, snappers, and
hogfish, which are generally available
for recreational harvest beginning
annually on January 1.
NMFS recently approved an FMP
amendment that establishes a new
recreational fixed closed season for gray
triggerfish from January 1 through the
end of February. This new closed season
was implemented through a final rule
issued on December 15, 2017 (82 FR
59523), and, as a result, gray triggerfish
are no longer available for recreational
harvest during the first two months of
the calendar year. However, the gray
triggerfish fishery will be open starting
March 1, while greater amberjack
harvest remains closed.
Comment 3: There should be a
recreational vessel limit instead of a
longer recreational fixed closed season.
Response: The Council did not
consider establishing a vessel limit in
this framework action. However, in
response to public comment at its
October 2017 meeting, the Council
began working on another framework
action and will consider including
vessel limits in that framework action.
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Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Rules and Regulations
NMFS expects the Council to review a
draft of this framework action at its
January 2018 meeting.
Comment 4: The greater amberjack
stock is healthy and therefore not in
need of rebuilding efforts.
Response: NMFS disagrees. The most
recent Gulf greater amberjack
population assessment, completed in
2016, indicated greater amberjack are
experiencing overfishing and are
overfished. The current rebuilding plan
time period ends in 2019, but new
scientific information indicates the
stock will not be rebuilt by that time.
Therefore, consistent with the
framework action approved by the
Council, this final rule establishes a new
rebuilding time period ending in 2027
and revises the harvest limits as
necessary to end overfishing and rebuild
the stock.
Actions Contained in the Framework
Action Not Codified Through This Final
Rule
In addition to the measures in this
final rule, the framework action revises
the greater amberjack ABC and
overfishing limits (OFLs) based upon
the results of the SEDAR 33 Update and
the Council’s SSC recommendations.
The current greater amberjack ABC is
1,720,000 lb (780,179 kg), and the OFL
is 3,420,000 lb (1,551,286 kg), which
were established in the final rule
implementing the 2015 framework
action (80 FR 75432; December 2, 2015).
This framework action revises the ABC
and OFL for 3 years, beginning in 2018.
The ABC, which is equal to the stock
ACL, is set at 1,182,000 lb (536,146 kg)
for 2018, 1,489,000 lb (675,399 kg) for
2019, and 1,794,000 lb (813,744 kg) for
2020 and subsequent years. The OFL is
set at 1,500,000 lb (680,388 kg) for 2018,
1,836,000 lb (832,795 kg) for 2019, and
2,167,000 lb (982,934 kg) for 2020 and
subsequent years.
sradovich on DSK3GMQ082PROD with RULES
Classification
The Regional Administrator for the
NMFS Southeast Region has determined
that this final rule is consistent with the
framework action, 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 final 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.
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The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
during the proposed rule stage that this
rule, if adopted, would not have a
significant 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 comments from
the public or the SBA’s Chief Counsel
for Advocacy were received regarding
the certification, and NMFS has not
received any new information that
would affect its determination. As a
result, a final regulatory flexibility
analysis is not required and none has
been prepared.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing,
Greater amberjack, Gulf, Recreational,
Reef fish.
Dated: December 22, 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 OF MEXICO, AND
SOUTH ATLANTIC
61487
(C) For fishing year 2020 and
subsequent years—421,411 lb (191,149
kg), round weight.
*
*
*
*
*
(2) * * *
(ii) Recreational quota for greater
amberjack. The recreational quota for
greater amberjack, in round weight, is
716,173 lb (324,851 kg), for 2018,
902,185 lb (409,224 kg), for 2019,
1,086,985 lb (493,048 kg), for 2020 and
subsequent fishing years.
*
*
*
*
*
■ 4. In § 622.41, revise paragraphs
(a)(1)(iii) and (a)(2)(iii) to read as
follows:
§ 622.41 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
(a) * * *
(1) * * *
(iii) The commercial ACL for greater
amberjack, in round weight, is 319,140
lb (144,759 kg), for 2018, 402,030 lb
(182,358 kg), for 2019, and 484,380 lb
(219,711 kg), for 2020 and subsequent
fishing years.
(2) * * *
(iii) The recreational ACL for greater
amberjack, in round weight, is 862,860
lb (391,387 kg), for 2018, 1,086,970 lb
(493,041 kg), for 2019, and 1,309,620
(594,034 kg), for 2020 and subsequent
fishing years.
*
*
*
*
*
[FR Doc. 2017–28047 Filed 12–27–17; 8:45 am]
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 (c) to
read as follows:
■
§ 622.34 Seasonal and area closures
designed to protect Gulf reef fish.
*
*
*
*
*
(c) Seasonal closure of the
recreational sector for greater
amberjack. The recreational sector for
greater amberjack in or from the Gulf
EEZ is closed from January 1 through
June 30, each year. During the closure,
the bag and possession limits for greater
amberjack in or from the Gulf EEZ are
zero.
*
*
*
*
*
■ 3. In § 622.39, revise paragraphs
(a)(1)(v) and (a)(2)(ii) to read as follows:
§ 622.39
Quotas.
*
*
*
*
*
(a) * * *
(1) * * *
(v) Greater amberjack—(A) For fishing
year 2018—277,651 lb (125,940.38 kg),
round weight.
(B) For fishing year 2019—349,766 lb
(158,651 kg), round weight.
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BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–XF539
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Amendment 44
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of Agency decision.
AGENCY:
NMFS announces the
approval of Amendment 44 to the
Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico
(FMP) as submitted by the Gulf of
Mexico (Gulf) Fishery Management
Council (Council). Amendment 44
revises minimum stock size thresholds
(MSST) for seven stocks in the Gulf of
Mexico (Gulf) reef fish fishery
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Rules and Regulations]
[Pages 61485-61487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28047]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 170816768-7999-02]
RIN 0648-BH14
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Modifications to Greater
Amberjack Allowable Harvest and Rebuilding Plan
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 a framework action 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). This final rule
revises the commercial and recreational annual catch limits (ACLs) and
annual catch targets (ACTs), and modifies the recreational fixed closed
season for greater amberjack in the Gulf of Mexico (Gulf) exclusive
economic zone (EEZ). The purpose of this final rule and the framework
action is to adjust the rebuilding time period and to revise the sector
ACLs and ACTs consistent with updated stock status information to end
overfishing and rebuild the greater amberjack stock in the Gulf.
DATES: This final rule is effective January 27, 2018.
ADDRESSES: Electronic copies of the framework action, which includes an
environmental assessment, a regulatory impact review, and a Regulatory
Flexibility Act (RFA) analysis may be obtained from the Southeast
Regional Office website at https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2017/GAJ_Framework/gaj_framework.pdf.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, Southeast Regional
Office, NMFS, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes
greater amberjack, is managed under the FMP. The Council prepared the
FMP, and NMFS implements the FMP under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Steven Act)
through regulations at 50 CFR part 622.
[[Page 61486]]
On November 20, 2017, NMFS published a proposed rule for the
framework action and requested public comment (82 FR 55074). The
proposed rule and framework action outline the rationale for the
actions contained in this final rule. A summary of the management
measures described in the framework action and implemented by this
final rule is provided below.
Management Measures Contained in This Final Rule
This final rule revises the commercial and recreational ACLs and
ACTs (which are expressed as quotas in the regulatory text), and
revises the recreational fixed closed season for greater amberjack in
the Gulf.
Commercial and Recreational ACLs and ACTs
The current commercial ACL is 464,400 lb (210,648 kg), and the
commercial ACT is 394,740 lb (179,051 kg). The current recreational ACL
is 1,255,600 lb (569,530 kg), and the recreational ACT is 1,092,372 lb
(495,492 kg). All weights described in this final rule are given in
round weight.
This final rule revises the commercial and recreational ACLs and
ACTs for Gulf greater amberjack based on the results of the SEDAR 33
Update (2016) and the acceptable biological catch (ABC) recommendations
from the Council's Scientific and Statistical Committee (SSC). This
final rule sets the commercial ACL at 319,140 lb (144,759 kg) for 2018,
402,030 lb (182,357 kg) for 2019, and 484,380 lb (219,711 kg) for 2020
and subsequent years. The commercial ACT is set at 277,651 lb (125,940
kg) for 2018, 349,766 lb (158,651 kg) for 2019, and 421,411 lb (191,148
kg) for 2020 and subsequent years. The recreational ACL is set at
862,860 lb (391,386 kg) for 2018, 1,086,970 lb (493,041 kg) for 2019,
and 1,309,620 lb (594,033 kg) for 2020 and subsequent years. The
recreational ACT is set at 716,173 lb (354,850 kg) for 2018, 902,185 lb
(409,223 kg) for 2019, and 1,086,985 lb (493,047 kg) for 2020 and
subsequent years. These revisions to the ACLs and ACTs are projected to
rebuild the stock by 2027.
Recreational Fixed Closed Season
This final rule revises the greater amberjack recreational fixed
closed season from June 1 through July 31, which was established in the
final rule for Amendment 35 to the FMP (77 FR 67574; November 13,
2012). That closed season was implemented to restrict harvest during
times of peak fishing effort in order to prevent a recreational in-
season closure as a result of the quota being met, and therefore
provide for a longer fishing season for the recreational sector. The
June 1 through July 31 recreational fixed closed season also was
intended to allow for the harvest of one highly targeted species (red
snapper) when the fishing season for the other species (greater
amberjack) was closed. However, in-season closures of greater amberjack
have continued to occur since the implementation of Amendment 35, and
the reduction of the recreational red snapper season, which opens on
June 1 each year, has resulted in closures for both of these species
simultaneously. This final rule changes the recreational fixed closed
season for greater amberjack to January 1 through June 30. The Council
determined that extending the length of the recreational fixed closed
season to the 6-month period of January 1 through June 30 will protect
greater amberjack during peak spawning months (March through April) in
the majority of the Gulf, thereby contributing to the rebuilding of the
greater amberjack stock. The Council also determined that the 6-month
fixed closed season will reduce the likelihood that the recreational
sector will meet its quota and trigger an in-season quota closure, or
exceed its ACL, which would require a subsequent ACL and ACT payback in
the following year because of an ACL overage.
The Council intends the new 6-month fixed closed season established
by this final rule to be a short-term measure; it recently submitted
another greater amberjack framework action to NMFS for review.
Implementation of that framework action would modify this 6-month
recreational closed season to create two separate fishing seasons: one
open from May 1 through May 31, and a second open from August 1 through
October 31. NMFS expects to publish a proposed rule in early 2018 and
to solicit public comments on this change.
Comments and Responses
NMFS received a total of 12 comments on the proposed rule for the
framework action. Two comments supported the changes to the commercial
and recreational ACLs and ACTs and the recreational seasonal closure,
and six comments disagreed with the proposed rule, although some of the
comments were similar in reasons for disagreement.
Other comments that were outside the scope of the proposed rule and
therefore not addressed here, stated that charter vessel and headboat
harvest should be considered commercial and that the use of longlines
in the Gulf should be eliminated. Specific comments related to the
framework action and the proposed rule are grouped as appropriate and
summarized below, followed by NMFS' respective responses.
Comment 1: Recreational fishing for greater amberjack should not be
open during the summer when effort is highest and other species, such
as red snapper, are available for harvest.
Response: NMFS and the Council intend the January 1 through June 30
closure implemented through this final rule to be a short-term measure.
As noted above, the Council recently submitted a framework action to
NMFS that would change the January 1 through June 30 closure by
establishing two separate annual recreational fishing seasons: one open
from May 1 through May 31, and a second open from August 1 through
October 31. However, even if the January through June closure remains
in place, this final rule is expected to extend the fishing season into
October, when fishing for other species, such as red snapper, have
closed.
Comment 2: There needs to be at least one species that is important
to recreational anglers available for harvest at the beginning of the
calendar year.
Response: NMFS agrees that it is important to have species targeted
by the recreational sector available early in the calendar year.
Although this final rule would make greater amberjack unavailable at
the beginning of the calendar year, there are many other Gulf reef fish
species, such as red grouper, deep water groupers, snappers, and
hogfish, which are generally available for recreational harvest
beginning annually on January 1.
NMFS recently approved an FMP amendment that establishes a new
recreational fixed closed season for gray triggerfish from January 1
through the end of February. This new closed season was implemented
through a final rule issued on December 15, 2017 (82 FR 59523), and, as
a result, gray triggerfish are no longer available for recreational
harvest during the first two months of the calendar year. However, the
gray triggerfish fishery will be open starting March 1, while greater
amberjack harvest remains closed.
Comment 3: There should be a recreational vessel limit instead of a
longer recreational fixed closed season.
Response: The Council did not consider establishing a vessel limit
in this framework action. However, in response to public comment at its
October 2017 meeting, the Council began working on another framework
action and will consider including vessel limits in that framework
action.
[[Page 61487]]
NMFS expects the Council to review a draft of this framework action at
its January 2018 meeting.
Comment 4: The greater amberjack stock is healthy and therefore not
in need of rebuilding efforts.
Response: NMFS disagrees. The most recent Gulf greater amberjack
population assessment, completed in 2016, indicated greater amberjack
are experiencing overfishing and are overfished. The current rebuilding
plan time period ends in 2019, but new scientific information indicates
the stock will not be rebuilt by that time. Therefore, consistent with
the framework action approved by the Council, this final rule
establishes a new rebuilding time period ending in 2027 and revises the
harvest limits as necessary to end overfishing and rebuild the stock.
Actions Contained in the Framework Action Not Codified Through This
Final Rule
In addition to the measures in this final rule, the framework
action revises the greater amberjack ABC and overfishing limits (OFLs)
based upon the results of the SEDAR 33 Update and the Council's SSC
recommendations. The current greater amberjack ABC is 1,720,000 lb
(780,179 kg), and the OFL is 3,420,000 lb (1,551,286 kg), which were
established in the final rule implementing the 2015 framework action
(80 FR 75432; December 2, 2015). This framework action revises the ABC
and OFL for 3 years, beginning in 2018. The ABC, which is equal to the
stock ACL, is set at 1,182,000 lb (536,146 kg) for 2018, 1,489,000 lb
(675,399 kg) for 2019, and 1,794,000 lb (813,744 kg) for 2020 and
subsequent years. The OFL is set at 1,500,000 lb (680,388 kg) for 2018,
1,836,000 lb (832,795 kg) for 2019, and 2,167,000 lb (982,934 kg) for
2020 and subsequent years.
Classification
The Regional Administrator for the NMFS Southeast Region has
determined that this final rule is consistent with the framework
action, 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
final 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 (SBA) during the proposed rule stage that this rule, if
adopted, would not have a significant 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 comments
from the public or the SBA's Chief Counsel for Advocacy were received
regarding the certification, and NMFS has not received any new
information that would affect its determination. As a result, a final
regulatory flexibility analysis is not required and none has been
prepared.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Greater amberjack, Gulf,
Recreational, Reef fish.
Dated: December 22, 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 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. 622.34, revise paragraph (c) to read as follows:
Sec. 622.34 Seasonal and area closures designed to protect Gulf reef
fish.
* * * * *
(c) Seasonal closure of the recreational sector for greater
amberjack. The recreational sector for greater amberjack in or from the
Gulf EEZ is closed from January 1 through June 30, each year. During
the closure, the bag and possession limits for greater amberjack in or
from the Gulf EEZ are zero.
* * * * *
0
3. In Sec. 622.39, revise paragraphs (a)(1)(v) and (a)(2)(ii) to read
as follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(1) * * *
(v) Greater amberjack--(A) For fishing year 2018--277,651 lb
(125,940.38 kg), round weight.
(B) For fishing year 2019--349,766 lb (158,651 kg), round weight.
(C) For fishing year 2020 and subsequent years--421,411 lb (191,149
kg), round weight.
* * * * *
(2) * * *
(ii) Recreational quota for greater amberjack. The recreational
quota for greater amberjack, in round weight, is 716,173 lb (324,851
kg), for 2018, 902,185 lb (409,224 kg), for 2019, 1,086,985 lb (493,048
kg), for 2020 and subsequent fishing years.
* * * * *
0
4. In Sec. 622.41, revise paragraphs (a)(1)(iii) and (a)(2)(iii) to
read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
(a) * * *
(1) * * *
(iii) The commercial ACL for greater amberjack, in round weight, is
319,140 lb (144,759 kg), for 2018, 402,030 lb (182,358 kg), for 2019,
and 484,380 lb (219,711 kg), for 2020 and subsequent fishing years.
(2) * * *
(iii) The recreational ACL for greater amberjack, in round weight,
is 862,860 lb (391,387 kg), for 2018, 1,086,970 lb (493,041 kg), for
2019, and 1,309,620 (594,034 kg), for 2020 and subsequent fishing
years.
* * * * *
[FR Doc. 2017-28047 Filed 12-27-17; 8:45 am]
BILLING CODE 3510-22-P
