Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Modifications to Greater Amberjack Recreational Fishing Year and Fixed Closed Season, 13426-13428 [2018-06317]
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Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations
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proposed approach, which may include
the following four alternatives (among
others): ‘‘(1) the establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) and exemption from
coverage of the rule, or any part thereof,
for small entities.’’
70. The challenge procedures
established in the MF–II Challenge
Process Procedures Public Notice are
intended to remove the need for a
challenger to submit a map of the area(s)
it wishes to challenge on top of its
evidence by having the Commission
perform all geospatial data analysis on
a uniform grid, which will benefit small
entities. The challenge procedures also
allow a challenged entity to submit
evidence identifying devices that were
subject to data speed reductions,
alongside evidence from transmitter
monitoring software and speed tests,
thereby minimizing the significant
economic impact on small entities.
Challenged parties will also be given 30
days to review challenges and
supporting data before the response
window opens. In addition, the Bureaus
note that the challenge processes and
procedures adopted in the MF–II
Challenge Process Procedures Public
Notice will only apply to small entities
who participate in the challenge
process. The Bureaus also note that to
the extent a challenged party is a small
entity, since a challenged party is not
required to respond to challenges within
their service area(s) the processes and
procedures associated with responding
to challenges adopted in the MF–II
Challenge Process Procedures Public
Notice are only applicable should a
small entity choose to submit
responsive evidence.
Federal Communications Commission.
RIN 0648–BH32
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.
On January 26, 2018, NMFS
published a proposed rule for the
framework action and requested public
comment (83 FR 3670). The proposed
rule and the 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.
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Modifications to Greater Amberjack
Recreational Fishing Year and Fixed
Closed Season
Management Measures Contained in
This Final Rule
This final rule revises the recreational
fishing year and the recreational fixed
closed season for greater amberjack in
the Gulf.
Gary D. Michaels,
Deputy Chief, Auctions and Spectrum Access
Division, WTB.
[FR Doc. 2018–06382 Filed 3–28–18; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 171017999–8262–01]
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
recreational fishing year and modifies
the recreational fixed closed season for
greater amberjack in the Gulf of Mexico
(Gulf) exclusive economic zone (EEZ).
The purposes of this final rule and the
framework action are to constrain
recreational harvest to assist in ending
overfishing, and to rebuild the greater
amberjack stock in the Gulf, while
achieving optimum yield of the stock in
the Gulf.
DATES: This final rule is effective April
30, 2018.
7. Report to Congress
ADDRESSES: Electronic copies of the
71. The Commission will send a copy framework action, which includes an
environmental assessment, a regulatory
of the MF–II Challenge Process
Procedures Public Notice, including this impact review, and a Regulatory
Flexibility Act (RFA) analysis may be
Supplemental FRFA, in a report to
obtained from the Southeast Regional
Congress pursuant to the Congressional
Office website at https://
Review Act. In addition, the
Commission will send a copy of the MF– sero.nmfs.noaa.gov/sustainable_
fisheries/gulf_fisheries/reef_fish/2017/
II Challenge Process Procedures Public
GAJ_Fishing%20Year/.
Notice, including this Supplemental
FOR FURTHER INFORMATION CONTACT:
FRFA, to the Chief Counsel for
Kelli O’Donnell, NMFS SERO,
Advocacy of the SBA. A copy of the
telephone: 727–824–5305, email:
MF–II Challenge Process Procedures
Kelli.ODonnell@noaa.gov.
Public Notice and Supplemental FRFA
(or summaries thereof) will also be
SUPPLEMENTARY INFORMATION: The Gulf
published in the Federal Register.
reef fish fishery, which includes greater
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SUMMARY:
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Greater Amberjack Recreational Fishing
Year
This final rule revises the Gulf greater
amberjack recreational fishing year to be
August 1 through July 31. The current
Gulf recreational fishing year for greater
amberjack is January 1 through
December 31 and was established in the
original FMP (49 FR 39548; October 9,
1984). The change implemented through
this final rule allows for greater
amberjack recreational harvest to occur
later in the year and provides an
opportunity to harvest greater amberjack
when harvest of many other reef fish
species is prohibited due to in-season
closures as a result of harvest limits. By
starting the fishing year in August,
when fishing effort is less, NMFS and
the Council expect enough recreational
quota remaining to allow for harvest
during May of the following calendar
year.
Consistent with the change in the
fishing year, this final rule revises the
years associated with the greater
amberjack recreational annual catch
limits (ACLs) and quotas. Currently, the
recreational ACLs and quotas are
defined by the calendar year, which is
also the fishing year. With the change to
the recreational fishing year, the
recreational ACLs and quotas apply
across calendar years. Therefore, this
final rule assigns the recently
implemented 2018 ACL and quota to the
remainder of the August 1, 2017,
through July 31, 2018, recreational
fishing year. The 2019 recreational ACL
and quota will correspond to the 2018–
2019 recreational fishing year, and the
recreational ACL and quota for 2020 and
beyond will correspond to all
subsequent fishing years.
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Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations
Greater Amberjack Recreational Fixed
Closed Season
NMFS recently published a final rule
that changed the greater amberjack
recreational closed season from June
through July each year to January
through June (82 FR 61485; December
28, 2017) to allow the Council time to
further modify the closed season to
create two separate recreational fishing
seasons.
This final rule modifies the
recreational fixed closed season for
greater amberjack to be from January 1
through April 30, June 1 through July
31, and November 1 through December
31, each year. This means that
recreational harvest would be allowed
in May and from August through
October each calendar year unless an inseason closure is necessary to constrain
harvest to the recreational quota.
Because this final rule also changes the
recreational fishing year, NMFS expects
any in-season quota closure to occur
later in the fall or during May of the
following year. However, because NMFS
expects the recreational fixed closed
season to reduce recreational landings
NMFS also expects this change to
reduce the likelihood of an in-season
closure and landings exceeding the
recreational ACL. This final rule is also
expected to protect greater amberjack
during peak spawning months in the
majority of the Gulf (March through
April), thereby contributing to
rebuilding the greater amberjack stock
by the end of the designated time period
in 2027.
rmajette on DSKBCKNHB2PROD with RULES
Comments and Responses
NMFS received a total of 46
comments on the proposed rule for the
framework action from individual
fishers and two for-hire fishing vessel
associations. Several commenters
supported the proposed measures for
Gulf greater amberjack. Other comments
stated that changes to fishing
regulations cause confusion, and
suggested a tag system to measure
harvest of greater amberjack, but those
assertions were outside the scope of the
proposed rule and therefore are not
addressed here.
Specific comments related to the
framework action and the proposed rule
are grouped by topic and summarized
below, followed by NMFS’ respective
responses.
Comment 1: Greater amberjack is
abundant in the Gulf which suggests the
stock is healthy; therefore, the greater
amberjack stock is not in need of
rebuilding, and these additional
management measures are not
necessary.
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15:09 Mar 28, 2018
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Response: NMFS disagrees that the
greater amberjack stock is not in need of
rebuilding and that the management
measures in this final rule are
unnecessary. In 2016, a Southeast Data,
Assessment, and Review (SEDAR) stock
assessment for greater amberjack was
completed (SEDAR 33) and indicated
the Gulf greater amberjack stock
remained overfished, was undergoing
overfishing, and would not be rebuilt by
2019, as was previously estimated.
Therefore, the Council established a
new rebuilding time period that ends in
2027 and revised the ACLs and quotas.
(82 FR 61485; December 28, 2017). The
management measures implemented
through this final rule are expected to
constrain harvest to the new catch levels
and protect the stock during springtime
spawning activity in March and April.
The Council determined, and NMFS
agrees, that these management measures
will help meet rebuilding goals for this
stock.
Comment 2: The greater amberjack
recreational fishing year should not be
changed. Changing the fishing year to
start on August 1 will cost money and
take time to implement without
providing any benefit. It will also shift
effort in the eastern Gulf to the western
Gulf, changing the dynamics of the
fishery. This change will eliminate any
recreational spring fishery for greater
amberjack in the eastern Gulf because
there will be enough of the recreational
quota remaining after the fall season.
Response: While NMFS agrees that
the change in the fishing year may shift
fishery dynamics, this change is
expected to provide benefits by
reducing the overall recreational harvest
of greater amberjack, which will reduce
the likelihood of an in-season closure,
and allow for harvest in May as well as
August through October. The first
season is limited to 3 months (August,
September, and October) and is during
a time of historically low fishing effort.
Analysis included in the framework
action predicted that the new
recreational quota should be sufficient
to allow for harvest both in the fall and
the spring.
In addition, changing the fishing year
to begin on August 1 provides access to
greater amberjack later in the calendar
year, which is a period when the harvest
of other targeted species (e.g., red
snapper) is typically unavailable in
Federal waters. Opening recreational
fishing for greater amberjack later in the
calendar year is also expected to
improve access to this species because
weather tends to be more favorable.
Comment 3: The recreational closed
season for greater amberjack should not
be changed.
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13427
Response: NMFS disagrees that the
recreational closed season for greater
amberjack should not be changed. The
current recreational greater amberjack
closed season of January 1 through June
30 was intended to be a temporary
measure to allow the Council time to
consider alternatives that would allow
for harvest in both the spring and fall.
If the current closed season were left in
place, it would not allow for
recreational harvest in the spring, which
is a time when many recreational
anglers have requested that recreational
harvest of greater amberjack occur
because this is a time when other
targeted species, such as red snapper,
are usually unavailable for harvest. The
Council considered several options for
modifying the closed season to allow
harvest in the spring and chose May as
the open month to avoid harvest during
the peak spawning months of March
and April.
Comment 4: A 4-month recreational
open season for greater amberjack is too
short. Recreational harvest should be
allowed year-round or at least also in
June and July.
Response: NMFS disagrees. Allowing
recreational harvest of greater amberjack
during June and July, historically the
months of highest recreational fishing
effort, or year-round, would likely result
in an in-season quota closure, and
would increase the likelihood of
exceeding the recreational ACL. It
would also be inconsistent with the
Council’s intent to have both fall and
spring fishing seasons. Allowing for
recreational harvest in May, August,
September, and October is expected to
increase the opportunity for recreational
harvest while still protecting the stock
as it rebuilds.
Comment 5: Modifying the
recreational bag limits, implementing
seasonal split quotas, and modifying the
commercial trip limits would be more
effective in managing the greater
amberjack stock in the Gulf than
changing the fishing year and closed
season.
Response: The Council did not
consider modifying recreational bag
limits or establishing recreational
seasonal quotas for greater amberjack in
the Gulf in this framework action.
However, in response to public
comments at its October 2017 meeting,
the Council began development of
another framework action in which it
will consider recreational bag limit
options and split quotas as well as
commercial vessel limits for greater
amberjack. NMFS expects the Council to
review a draft options paper for this
framework in 2018.
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Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations
Classification
3. In § 622.34, revise paragraph (c) to
read as follows:
■
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.
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
Fisheries, Fishing, Greater amberjack,
Gulf, Recreational, Reef fish.
Dated: March 23, 2018.
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
1. The authority citation for part 622
continues 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
April 30, June 1 through July 31, and
November 1 through December 31, each
year. During the closure, the bag and
possession limit for greater amberjack in
or from the Gulf EEZ is zero.
*
*
*
*
*
*
*
*
*
(a) * * *
(2) * * *
(ii) Recreational quota for greater
amberjack. (A) For the 2017–2018
fishing year—716,173 lb (324,851 kg).
(B) For the 2018–2019 fishing year—
902,185 lb (409,224 kg).
(C) For the 2019–2020 fishing year
and subsequent fishing years—
1,086,985 lb (493,048 kg).
*
*
*
*
*
5. In § 622.41, revise paragraph
(a)(2)(iii) to read as follows:
■
§ 622.41 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
(a) * * *
(2) * * *
(iii) The applicable recreational ACL
for greater amberjack, in round weight,
is 862,860 lb (391,387 kg) for the 2017–
2018 fishing year, 1,086,970 lb (493,041
kg) for the 2018–2019 fishing year, and
1,309,620 lb (594,034 kg) for 2019–2020
fishing year and subsequent fishing
years.
*
*
*
*
*
BILLING CODE 3510–22–P
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Fishing years.
*
*
*
*
(h) Gulf of Mexico greater amberjack
recreational sector—August 1 through
July 31. (Note: The fishing year for the
commercial sector for greater amberjack
is January 1 through December 31).
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RIN 0648–BG40
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery
Management Plan; Authorization of an
Oregon Recreational Fishery for
Midwater Groundfish Species
SUMMARY:
Quotas.
*
*
15:09 Mar 28, 2018
[Docket No. 161024999–8248–02]
§ 622.39
2. In § 622.7, add paragraph (h) to read
as follows:
VerDate Sep<11>2014
50 CFR Part 660
4. In § 622.39, revise paragraph
(a)(2)(ii) to read as follows:
■
■
§ 622.7
National Oceanic and Atmospheric
Administration
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
[FR Doc. 2018–06317 Filed 3–28–18; 8:45 am]
Authority: 16 U.S.C. 1801 et seq.
DEPARTMENT OF COMMERCE
PO 00000
AGENCY:
This final rule authorizes the
use of midwater long-leader gear for
recreational fishing in waters seaward of
a boundary line approximating the 40
fathoms depth contour off the coast of
Oregon. Both charter and private vessels
are authorized to use midwater longleader gear seaward of the 40 fathom
seasonal depth closure, while being
monitored with the existing Oregon
Ocean Recreational Boat Sampling
(ORBS) program. The use of midwater
long-leader gear is intended to limit
bycatch of overfished and rebuilding
rockfish species, such as bottomdwelling yelloweye rockfish, while still
allowing for the catch of abundant
midwater species such as yellowtail and
widow rockfish. The season will occur
between April and September, months
currently subject to depth restrictions.
DATES: Effective April 1, 2018.
FOR FURTHER INFORMATION CONTACT:
Christopher Biegel, phone: 503–231–
6291, fax: 503–872–2737, or email:
Christopher.biegel@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This final rule is accessible via the
internet at the Office of the Federal
Register website at https://
www.federalregister.gov. Background
information and documents are
available at the NMFS West Coast
Region website at https://
www.westcoast.fisheries.noaa.gov/
fisheries/groundfish/ and at
the Pacific Fishery Management
Council’s website at https://
www.pcouncil.org.
Background
Since 2004, NMFS has restricted
Oregon recreational groundfish fisheries
to shallow depths (<20–40 fm) during
peak effort to reduce interactions with
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]]>Agencies
[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Rules and Regulations]
[Pages 13426-13428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06317]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 171017999-8262-01]
RIN 0648-BH32
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Modifications to Greater
Amberjack Recreational Fishing Year and Fixed Closed Season
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 recreational fishing year and modifies the recreational
fixed closed season for greater amberjack in the Gulf of Mexico (Gulf)
exclusive economic zone (EEZ). The purposes of this final rule and the
framework action are to constrain recreational harvest to assist in
ending overfishing, and to rebuild the greater amberjack stock in the
Gulf, while achieving optimum yield of the stock in the Gulf.
DATES: This final rule is effective April 30, 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_Fishing%20Year/.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS SERO, 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.
On January 26, 2018, NMFS published a proposed rule for the
framework action and requested public comment (83 FR 3670). The
proposed rule and the 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 recreational fishing year and the
recreational fixed closed season for greater amberjack in the Gulf.
Greater Amberjack Recreational Fishing Year
This final rule revises the Gulf greater amberjack recreational
fishing year to be August 1 through July 31. The current Gulf
recreational fishing year for greater amberjack is January 1 through
December 31 and was established in the original FMP (49 FR 39548;
October 9, 1984). The change implemented through this final rule allows
for greater amberjack recreational harvest to occur later in the year
and provides an opportunity to harvest greater amberjack when harvest
of many other reef fish species is prohibited due to in-season closures
as a result of harvest limits. By starting the fishing year in August,
when fishing effort is less, NMFS and the Council expect enough
recreational quota remaining to allow for harvest during May of the
following calendar year.
Consistent with the change in the fishing year, this final rule
revises the years associated with the greater amberjack recreational
annual catch limits (ACLs) and quotas. Currently, the recreational ACLs
and quotas are defined by the calendar year, which is also the fishing
year. With the change to the recreational fishing year, the
recreational ACLs and quotas apply across calendar years. Therefore,
this final rule assigns the recently implemented 2018 ACL and quota to
the remainder of the August 1, 2017, through July 31, 2018,
recreational fishing year. The 2019 recreational ACL and quota will
correspond to the 2018-2019 recreational fishing year, and the
recreational ACL and quota for 2020 and beyond will correspond to all
subsequent fishing years.
[[Page 13427]]
Greater Amberjack Recreational Fixed Closed Season
NMFS recently published a final rule that changed the greater
amberjack recreational closed season from June through July each year
to January through June (82 FR 61485; December 28, 2017) to allow the
Council time to further modify the closed season to create two separate
recreational fishing seasons.
This final rule modifies the recreational fixed closed season for
greater amberjack to be from January 1 through April 30, June 1 through
July 31, and November 1 through December 31, each year. This means that
recreational harvest would be allowed in May and from August through
October each calendar year unless an in-season closure is necessary to
constrain harvest to the recreational quota. Because this final rule
also changes the recreational fishing year, NMFS expects any in-season
quota closure to occur later in the fall or during May of the following
year. However, because NMFS expects the recreational fixed closed
season to reduce recreational landings NMFS also expects this change to
reduce the likelihood of an in-season closure and landings exceeding
the recreational ACL. This final rule is also expected to protect
greater amberjack during peak spawning months in the majority of the
Gulf (March through April), thereby contributing to rebuilding the
greater amberjack stock by the end of the designated time period in
2027.
Comments and Responses
NMFS received a total of 46 comments on the proposed rule for the
framework action from individual fishers and two for-hire fishing
vessel associations. Several commenters supported the proposed measures
for Gulf greater amberjack. Other comments stated that changes to
fishing regulations cause confusion, and suggested a tag system to
measure harvest of greater amberjack, but those assertions were outside
the scope of the proposed rule and therefore are not addressed here.
Specific comments related to the framework action and the proposed
rule are grouped by topic and summarized below, followed by NMFS'
respective responses.
Comment 1: Greater amberjack is abundant in the Gulf which suggests
the stock is healthy; therefore, the greater amberjack stock is not in
need of rebuilding, and these additional management measures are not
necessary.
Response: NMFS disagrees that the greater amberjack stock is not in
need of rebuilding and that the management measures in this final rule
are unnecessary. In 2016, a Southeast Data, Assessment, and Review
(SEDAR) stock assessment for greater amberjack was completed (SEDAR 33)
and indicated the Gulf greater amberjack stock remained overfished, was
undergoing overfishing, and would not be rebuilt by 2019, as was
previously estimated. Therefore, the Council established a new
rebuilding time period that ends in 2027 and revised the ACLs and
quotas. (82 FR 61485; December 28, 2017). The management measures
implemented through this final rule are expected to constrain harvest
to the new catch levels and protect the stock during springtime
spawning activity in March and April. The Council determined, and NMFS
agrees, that these management measures will help meet rebuilding goals
for this stock.
Comment 2: The greater amberjack recreational fishing year should
not be changed. Changing the fishing year to start on August 1 will
cost money and take time to implement without providing any benefit. It
will also shift effort in the eastern Gulf to the western Gulf,
changing the dynamics of the fishery. This change will eliminate any
recreational spring fishery for greater amberjack in the eastern Gulf
because there will be enough of the recreational quota remaining after
the fall season.
Response: While NMFS agrees that the change in the fishing year may
shift fishery dynamics, this change is expected to provide benefits by
reducing the overall recreational harvest of greater amberjack, which
will reduce the likelihood of an in-season closure, and allow for
harvest in May as well as August through October. The first season is
limited to 3 months (August, September, and October) and is during a
time of historically low fishing effort. Analysis included in the
framework action predicted that the new recreational quota should be
sufficient to allow for harvest both in the fall and the spring.
In addition, changing the fishing year to begin on August 1
provides access to greater amberjack later in the calendar year, which
is a period when the harvest of other targeted species (e.g., red
snapper) is typically unavailable in Federal waters. Opening
recreational fishing for greater amberjack later in the calendar year
is also expected to improve access to this species because weather
tends to be more favorable.
Comment 3: The recreational closed season for greater amberjack
should not be changed.
Response: NMFS disagrees that the recreational closed season for
greater amberjack should not be changed. The current recreational
greater amberjack closed season of January 1 through June 30 was
intended to be a temporary measure to allow the Council time to
consider alternatives that would allow for harvest in both the spring
and fall. If the current closed season were left in place, it would not
allow for recreational harvest in the spring, which is a time when many
recreational anglers have requested that recreational harvest of
greater amberjack occur because this is a time when other targeted
species, such as red snapper, are usually unavailable for harvest. The
Council considered several options for modifying the closed season to
allow harvest in the spring and chose May as the open month to avoid
harvest during the peak spawning months of March and April.
Comment 4: A 4-month recreational open season for greater amberjack
is too short. Recreational harvest should be allowed year-round or at
least also in June and July.
Response: NMFS disagrees. Allowing recreational harvest of greater
amberjack during June and July, historically the months of highest
recreational fishing effort, or year-round, would likely result in an
in-season quota closure, and would increase the likelihood of exceeding
the recreational ACL. It would also be inconsistent with the Council's
intent to have both fall and spring fishing seasons. Allowing for
recreational harvest in May, August, September, and October is expected
to increase the opportunity for recreational harvest while still
protecting the stock as it rebuilds.
Comment 5: Modifying the recreational bag limits, implementing
seasonal split quotas, and modifying the commercial trip limits would
be more effective in managing the greater amberjack stock in the Gulf
than changing the fishing year and closed season.
Response: The Council did not consider modifying recreational bag
limits or establishing recreational seasonal quotas for greater
amberjack in the Gulf in this framework action. However, in response to
public comments at its October 2017 meeting, the Council began
development of another framework action in which it will consider
recreational bag limit options and split quotas as well as commercial
vessel limits for greater amberjack. NMFS expects the Council to review
a draft options paper for this framework in 2018.
[[Page 13428]]
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
Fisheries, Fishing, Greater amberjack, Gulf, Recreational, Reef
fish.
Dated: March 23, 2018.
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. 622.7, add paragraph (h) to read as follows:
Sec. 622.7 Fishing years.
* * * * *
(h) Gulf of Mexico greater amberjack recreational sector--August 1
through July 31. (Note: The fishing year for the commercial sector for
greater amberjack is January 1 through December 31).
0
3. 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 April 30, June 1 through July
31, and November 1 through December 31, each year. During the closure,
the bag and possession limit for greater amberjack in or from the Gulf
EEZ is zero.
* * * * *
0
4. In Sec. 622.39, revise paragraph (a)(2)(ii) to read as follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(2) * * *
(ii) Recreational quota for greater amberjack. (A) For the 2017-
2018 fishing year--716,173 lb (324,851 kg).
(B) For the 2018-2019 fishing year--902,185 lb (409,224 kg).
(C) For the 2019-2020 fishing year and subsequent fishing years--
1,086,985 lb (493,048 kg).
* * * * *
0
5. In Sec. 622.41, revise paragraph (a)(2)(iii) to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
(a) * * *
(2) * * *
(iii) The applicable recreational ACL for greater amberjack, in
round weight, is 862,860 lb (391,387 kg) for the 2017-2018 fishing
year, 1,086,970 lb (493,041 kg) for the 2018-2019 fishing year, and
1,309,620 lb (594,034 kg) for 2019-2020 fishing year and subsequent
fishing years.
* * * * *
[FR Doc. 2018-06317 Filed 3-28-18; 8:45 am]
BILLING CODE 3510-22-P
