Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Modifications to Individual Fishing Quota Programs, 27297-27300 [2018-12548]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 83, Number 113 (Tuesday, June 12, 2018)]
[Rules and Regulations]
[Pages 27297-27300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12548]



[[Page 27297]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170413393-8487-02]
RIN 0648-BG83


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Modifications to Individual 
Fishing Quota Programs

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS implements management measures described in Amendment 36A 
to the Fishery Management Plan (FMP) for the Reef Fish Resources of the 
Gulf of Mexico (Gulf) (Amendment 36A), as prepared by the Gulf of 
Mexico Fishery Management Council (Council). This final rule requires 
owners or operators of federally permitted commercial Gulf reef fish 
vessels landing any commercially harvested, federally managed reef fish 
from the Gulf to provide notification prior to landing and to land at 
approved locations; requires shares from the red snapper individual 
fishing quota (IFQ) (RS-IFQ) program and the groupers and tilefishes 
IFQ (GT-IFQ) program that are in non-activated IFQ accounts to be 
returned to NMFS for redistribution; and allows NMFS to withhold a 
portion of IFQ allocation at the start of a fishing year equal to an 
anticipated commercial quota reduction. The purpose of this final rule 
is to improve compliance and increase management flexibility in the RS-
IFQ and GT-IFQ programs, and increase the likelihood of achieving 
optimum yield (OY) for Gulf reef fish stocks managed under these 
programs.

DATES: This final rule is effective July 12, 2018, except for the 
addition of Sec.  622.26(a)(2), which is effective on January 1, 2019.

ADDRESSES: Electronic copies of Amendment 36A, which includes an 
environmental assessment, a fishery impact statement, 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/A36A_comm_IFQ/am36Aindex.html.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirement contained in this 
final rule may be submitted to Adam Bailey, NMFS Southeast Regional 
Office, 263 13th Avenue South, St. Petersburg, FL 33701; or to the 
Office of Management and Budget (OMB) by email to 
[email protected], or by fax to 202-395-5806.

FOR FURTHER INFORMATION CONTACT: Peter Hood, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected]; IFQ 
Customer Service, telephone: 1-866-425-7627, Monday through Friday from 
8 a.m. to 4:30 p.m., eastern time.

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery under the FMP. The FMP was prepared by the Council and is 
implemented by NMFS through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.).
    On February 21, 2018, NMFS published a notice of availability (NOA) 
for Amendment 36A and requested public comment (83 FR 7447). On March 
21, 2018, NMFS published a proposed rule for Amendment 36A and 
requested public comment (83 FR 12326). The proposed rule and Amendment 
36A outline the rationale for the actions contained in this final rule. 
A summary of the management measures described in Amendment 36A and 
implemented by this final rule is provided below.

Management Measures Contained in This Final Rule

    This final rule requires that the owner or operator of a commercial 
reef fish permitted vessel landing any commercially harvested Gulf reef 
fish, or Florida Keys/East Florida hogfish harvested in the Gulf, to 
notify NMFS between 3 and 24 hours in advance of landing and to land at 
approved locations. In addition, this final rule permanently returns to 
NMFS any IFQ shares contained in RS-IFQ or GT-IFQ accounts that have 
not been activated since the current web-based system was put in place 
on January 1, 2010. Finally, this final rule allows NMFS to withhold 
distribution of IFQ allocation on January 1, the beginning of the 
fishing year, if a reduction in the commercial quota for any IFQ 
species or multi-species group is expected to be implemented in that 
same fishing year. The amount of IFQ allocation withheld from 
distribution would equal the amount of the expected commercial quota 
reduction.

Landing Notification

    This final rule expands the requirement for an advance landing 
notification to all commercial trips that land Gulf reef fish species 
or Florida Keys/East Florida hogfish harvested in the Gulf even if no 
IFQ species are on board.
    The vessel owner or operator is required to notify NMFS at least 3 
hours, but no more than 24 hours, in advance of landing on each trip. 
The landing notification will report the vessel identification number, 
the date and time of landing, and the approved landing location. This 
notification will be submitted via the vessel's existing onboard vessel 
monitoring system (VMS), but could also be submitted by other NMFS 
approved methods (e.g., by phone) if they are developed at a later 
time. NMFS expects that requiring a notification in advance of landing 
any federally managed reef fish from the Gulf will help deter fishermen 
from illegally landing IFQ species or reporting IFQ species as another 
species (e.g., red snapper reported as vermilion snapper), because law 
enforcement and port agents will be informed in advance of all reef 
fish trips returning to port and can meet vessels to inspect landings. 
If any IFQ species are to be landed, all regulations under the 
applicable IFQ program must be followed, including the more extensive 
advance notice of landing report. Only one IFQ advance landing 
notification covering both IFQ and non-IFQ Gulf reef fish species or 
Florida Keys/East Florida hogfish harvested in the Gulf is required on 
such a trip.
    Additional information about approved landing locations and 
submitting additional landing locations to NMFS for approval is 
described later in this final rule.

Non-Activated IFQ Shareholder Accounts

    This final rule also addresses RS-IFQ and GT-IFQ shareholder 
accounts that received shares through the initial apportionment when 
each IFQ program began, but the accounts have never been accessed by 
the shareholder since January 1, 2010, the initiation of the current 
IFQ system. NMFS and the Council have attempted to notify account 
holders with these non-activated IFQ accounts through phone calls, 
certified letters, and discussion at public meetings. Although shares 
in the non-activated accounts represent a small fraction of the total 
shares, annual allocation assigned to these non-activated IFQ accounts 
is not landed, and therefore, may prevent achieving

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OY if not made available for use. This final rule will return the 
shares from non-activated RS-IFQ and GT-IFQ accounts to NMFS for 
redistribution. The Council intends to redistribute these shares to IFQ 
program participants through a mechanism determined in Amendment 36B to 
the FMP, which is currently under development.
    For more information on how to activate an existing non-activated 
IFQ account before this final rule is effective, persons may call the 
IFQ Customer Service line at 1-866-425-7627, and select option 2 during 
weekday business hours of 8 a.m. to 4:30 p.m., eastern time (see FOR 
FURTHER INFORMATION CONTACT section). In April 2018, NMFS sent 
additional notification to holders of the non-activated IFQ accounts 
via certified mail to advise them of this action and to provide an 
opportunity for those individuals to activate their accounts.

Allocation

    Finally, this final rule addresses how to distribute allocation to 
IFQ shareholders in years in which there is an anticipated reduction of 
the commercial quota. As a result of the time involved to develop 
documents, consider alternatives, and solicit public feedback, this 
situation would generally occur if the Council approved an action to 
reduce the commercial quota of any IFQ species or multi-species share 
category but NMFS could not complete the associated rulemaking before 
January 1, the start of the fishing year. Under the IFQ programs, 
annual allocation is distributed to IFQ shareholders on January 1, and 
most IFQ program participants begin to use or transfer their allocation 
early in each year. After shareholders begin transferring or landing 
allocation, NMFS is not able to retroactively withdraw allocation from 
shareholder accounts if a quota decrease became effective after the 
beginning of the fishing year. This final rule allows NMFS to 
anticipate a decrease in the quota of any IFQ species or multi-species 
share categories after the start of a fishing year and withhold 
distribution of quota equal to the amount of the expected decrease in 
commercial quota. NMFS would distribute the remaining portion of the 
annual allocation to shareholders on January 1. If a final rule to 
implement the associated commercial quota reduction is not effective by 
June 1 in the same fishing year, then NMFS would distribute the 
withheld quota back to the current shareholders, as determined on the 
date the withheld IFQ allocation is distributed.

Approved Landing Locations

    As explained previously, this final rule requires vessel owners or 
operators on commercial trips who harvest non-IFQ Gulf reef fish 
species or Florida Keys/East Florida hogfish harvested in the Gulf to 
land at an approved landing location. To comply with this requirement, 
current and potential fishery participants may submit additional 
landing locations to NMFS for approval. Landing locations can be 
submitted by calling IFQ Customer Service at any time (see contact 
information above), or by submitting a Landing Location Request Form to 
NMFS, which is available from https://sero.nmfs.noaa.gov/sustainable_fisheries/ifq/documents/pdfs/landing_location_request_form.pdf.
    A list of currently approved landing locations for the IFQ programs 
can be found at the IFQ website (portal.southeast.fisheries.noaa.gov/cs/main.html), under View Landing Locations. Any landing locations that 
have been approved for use in the IFQ programs will also be approved to 
land non-IFQ Gulf reef fish species or Florida Keys/East Florida 
hogfish harvested in the Gulf. Therefore, NMFS suggests persons check 
the list to determine if desired landing locations are currently in use 
prior to submitting a landing location for approval.
    Approved landing locations must be publicly and freely accessible 
by land and water, and must have a street address or, if a particular 
landing location has no street address on record, global positioning 
system (GPS) coordinates for an identifiable geographic location 
provided in degrees and decimal minutes. Other criteria used by NOAA's 
Office of Law Enforcement (OLE) when approving locations are listed at 
50 CFR 622.21(b)(5)(v) and 622.22(b)(5)(v), and are added by reference 
to Sec.  622.26(a)(2)(v) through this final rule.

Comments and Responses

    A total of 12 comments from 11 individuals were received on the 
notice of availability and proposed rule for Amendment 36A. Three 
comments supported the actions in Amendment 36A and the proposed rule 
and four comments were not relevant to Amendment 36A or the proposed 
rule. Specific comments related to the actions in Amendment 36A and the 
proposed rule are grouped as appropriate and summarized below, followed 
by NMFS' respective responses.
    Comment 1: No change should be made to the IFQ program unless all 
Federal reef fish permit holders can vote on the issue.
    Response: NMFS disagrees. The RS-IFQ and GT-IFQ programs were 
approved through referenda as required by the Magnuson-Stevens Act. 
However, there is no requirement that NMFS conduct a referendum before 
the Council revises the IFQ programs as implemented through this final 
rule. Federal Gulf reef fish permit holders as well as any other 
interested persons were provided opportunities to submit written 
comments or provide testimony at Council meetings and public hearings 
as part of the Council's decision-making process. Further, NMFS 
provided opportunities for public comment on Amendment 36A and the 
proposed rule. These opportunities for comment were solicited not only 
through the Federal Register, but also through Council and NMFS 
outreach materials. All comments received were considered by the 
Council and NMFS in the development of Amendment 36A and implementation 
of the associated regulations.
    Comment 2: The landing notification requirement for trips with non-
IFQ reef fish species is unnecessary, because VMS already documents 
vessel position, and there are already reporting requirements in place 
for fishermen and dealers. The landing notification requirement creates 
an additional burden for commercial fishermen that make only 1-day 
trips and will make landings more difficult.
    Response: NMFS disagrees that the notification requirement is 
unnecessary. The 5-year review of the RS-IFQ program identified 
improving enforcement as a priority, and the landing notification is 
designed to aid enforcement of both IFQ programs. Requiring additional 
notification in advance of landing non-IFQ reef fish species or Florida 
Keys/East Florida hogfish harvested in the Gulf means that law 
enforcement will be alerted in advance of all reef fish trips returning 
to port, and therefore can meet vessels to inspect landings. This is 
expected to help to deter fishermen from illegally landing IFQ species 
or reporting IFQ species as another species (e.g., red snapper reported 
as vermilion snapper). NMFS does not expect this requirement to result 
in a significant burden to fishermen. As described in Amendment 36A, 
from 2007 to 2015, 80 to 91 percent of trips landing reef fish species 
also landed IFQ species. Trips with IFQ species on board already have 
to provide an advance notice of landing under the regulations for the 
applicable IFQ program. Thus, this new

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requirement will apply to a relatively small percentage of additional 
trips.
    NMFS estimates that an advance notice of landing will take 
approximately 3 minutes to complete for each trip. Therefore, NMFS does 
not expect the advance landing notification to substantially affect 
fishing operations for Gulf reef fish. The landing notification may be 
amended, if necessary, as provided for in the regulatory text of this 
final rule at 50 CFR 622.26(a)(2)(iv). In addition, because the window 
for an advance landing notification is from 3 to 24 hours prior to 
landing, flexibility is provided for fishermen that make only daily 
trips to complete the advance landing notification when time permits.
    Comment 3: Shares from non-activated RS-IFQ and GT-IFQ shareholder 
accounts returned to NMFS should be redistributed by auction or issued 
to owners of commercial Gulf reef fish permitted vessels who do not 
have shares or allocation.
    Response: As stated in the NOA and proposed rule for Amendment 36A, 
the method for redistribution of the shares returned to NMFS is being 
considered in Amendment 36B. Amendment 36B is under development by the 
Council, which is currently considering alternatives for determining 
how shares should be redistributed and who should receive those shares.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined that this final rule is consistent with Amendment 36A, the 
FMP, the Magnuson-Stevens Act, and other applicable laws.
    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. A description of this final rule, why it is being 
implemented, and the purposes of this final rule are contained in the 
SUMMARY and SUPPLEMENTARY INFORMATION sections of this preamble. The 
objectives of this rule are to prevent overfishing; to achieve, on a 
continuing basis, the OY from federally managed reef fish stocks; and 
to rebuild the red snapper stock that has been determined to be 
overfished.
    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 final 
rule, if adopted, would not have a significant economic impact on a 
substantial number of small entities. NMFS did not receive any comments 
from SBA's Office of Advocacy or the public regarding the economic 
analysis of Amendment 36A or the certification in the proposed rule. No 
changes to this final rule were made in response to public comments. 
The factual basis for the certification was published in the proposed 
rule and is not repeated here. Because this final rule is not expected 
to have a significant economic impact on a substantial number of small 
entities, a final regulatory flexibility analysis is not required and 
none has been prepared.
    This final rule contains a collection-of-information requirement 
that has been approved by OMB under the Paperwork Reduction Act (PRA), 
temporary control number 0648-0761. NMFS will merge the collection-of-
information requirement implemented by this final rule with the 
existing, approved information collection under OMB Control Number 
0648-0551, Southeast Region IFQ Programs. This final rule requires an 
owner or operator of a vessel with a commercial Gulf reef fish permit 
to submit a notification to NMFS on each trip prior to landing 
exclusively non-IFQ Gulf reef fish species or Florida Keys/East Florida 
hogfish harvested in the Gulf. Public reporting burden for the 
requirement is estimated to average 3 minutes per applicable trip, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection information. Send comments on this burden 
estimate or any other aspects of the collection of information, 
including suggestions for reducing the burden, to the NMFS Southeast 
Regional Office at the ADDRESSES above; or to OMB by email to 
[email protected], or by fax to 202-395-5806.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person will be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number. All currently approved 
collections of information may be viewed at https://www.cio.noaa.gov/services_programs/prasubs.html.

Changes to Codified Text From the Proposed Rule

    In this final rule, NMFS modifies the language in Sec. Sec.  
622.21(a)(4) and 622.22(a)(4) to more succinctly explain the amount of 
IFQ allocation that NMFS may withhold at the beginning of a fishing 
year if a reduction in the commercial quota of an IFQ species or multi-
species share category is expected to be implemented between January 1 
and June 1 in the same fishing year. If this situation is expected to 
occur, then the amount withheld will be equal to the expected reduction 
of the commercial quota.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Grouper, Gulf of Mexico, Individual 
fishing quota, Red snapper, Tilefish.

    Dated: June 6, 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.  622.21, revise paragraph (a)(4) and add paragraph (a)(6) to 
read as follows:


Sec.  622.21  Individual fishing quota (IFQ) program for Gulf red 
snapper.

    (a) * * *
    (4) IFQ allocation. IFQ allocation is the amount of Gulf red 
snapper, in pounds gutted weight, an IFQ shareholder or allocation 
holder is authorized to possess, land, or sell during a given fishing 
year. IFQ allocation is derived at the beginning of each year by 
multiplying a shareholder's IFQ share times the annual commercial quota 
for Gulf red snapper. If the quota is increased after the beginning of 
the fishing year, then IFQ allocation is derived by multiplying a 
shareholder's IFQ share at the time of the quota increase by the amount 
the annual commercial quota for red snapper is increased. If a 
reduction in the commercial quota specified in Sec.  622.39(a)(1)(i) is 
expected to occur after January 1, the beginning of the fishing year, 
but before June 1 in that same fishing year, NMFS will withhold 
distribution of IFQ allocation on January 1 in the amount equal to that 
reduction. If a final rule to implement the commercial quota reduction 
is not published in the Federal Register and effective by June 1, NMFS 
will distribute withheld IFQ allocation of red snapper commercial quota 
to current

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shareholders based on shareholdings on the date the withheld IFQ 
allocation is distributed.
* * * * *
    (6) Returning IFQ shares. Any shares contained in IFQ accounts that 
have never been activated since January 1, 2010, in the IFQ program are 
returned permanently to NMFS on July 12, 2018.
* * * * *

0
3. In Sec.  622.22, revise paragraph (a)(4) and add paragraph (a)(9) to 
read as follows:


Sec.  622.22  Individual fishing quota (IFQ) program for Gulf groupers 
and tilefishes.

    (a) * * *
    (4) IFQ allocation. IFQ allocation is the amount of Gulf groupers 
and tilefishes, in pounds gutted weight, an IFQ shareholder or 
allocation holder is authorized to possess, land, or sell during a 
given fishing year. IFQ allocation is derived at the beginning of each 
year by multiplying a shareholder's IFQ share times the annual 
commercial quota for Gulf groupers and tilefishes. If the quota is 
increased after the beginning of the fishing year, then IFQ allocation 
is derived by multiplying a shareholder's IFQ share at the time of the 
quota increase by the amount the annual commercial quota for groupers 
and tilefishes is increased. If a reduction in the applicable 
commercial quota specified in Sec.  622.39(a)(1) is expected to occur 
after January 1, the beginning of the fishing year, but before June 1 
in that same fishing year, NMFS will withhold distribution of IFQ 
allocation of the applicable groupers and tilefishes commercial quota 
on January 1 in the amount equal to that reduction. If a final rule to 
implement the commercial quota reduction is not published in the 
Federal Register and effective by June 1, NMFS will distribute withheld 
IFQ allocation of the applicable groupers and tilefishes commercial 
quota to current shareholders based on the date the withheld IFQ 
allocation is distributed.
* * * * *
    (9) Returning IFQ shares. Any shares contained in IFQ accounts that 
have never been activated since January 1, 2010, in the IFQ program are 
returned permanently to NMFS on July 12, 2018.
* * * * *

0
4. In Sec.  622.26, revise paragraph (a) to read as follows:


Sec.  622.26  Recordkeeping and reporting.

    (a) Commercial vessel owners and operators. (1) The owner or 
operator of a vessel for which a commercial permit for Gulf reef fish 
has been issued, as required under Sec.  622.20(a)(1), or whose vessel 
fishes for or lands reef fish in or from state waters adjoining the 
Gulf EEZ, who is selected to report by the SRD must maintain a fishing 
record on a form available from the SRD. These completed fishing 
records must be submitted to the SRD postmarked no later than 7 days 
after the end of each fishing trip. If no fishing occurred during a 
calendar month, a report so stating must be submitted on one of the 
forms postmarked no later than 7 days after the end of that month. 
Information to be reported is indicated on the form and its 
accompanying instructions.
    (2) Advance notice of landing--(i) General requirement. For the 
purpose of this paragraph (a)(2), landing means to arrive at a dock, 
berth, beach, seawall, or ramp. The owner or operator of a vessel 
landing Gulf reef fish not managed under an IFQ program or Florida 
Keys/East Florida hogfish harvested in the Gulf is responsible for 
ensuring that NMFS is contacted at least 3 hours, but no more than 24 
hours, in advance of landing to report the time, date, and location of 
landing, and the vessel identification number (e.g., Coast Guard 
registration number or state registration number). The vessel must land 
at an approved landing location and within 1 hour after the time given 
in the landing notification, except as provided in paragraph 
(a)(2)(iii) of this section. A vessel landing Gulf reef fish managed 
under an IFQ program must also comply with the requirements in 
Sec. Sec.  622.21 and 622.22, as applicable.
    (ii) Submitting an advance landing notification. Authorized methods 
for contacting NMFS and submitting a completed landing notification 
include the VMS unit, or another contact method approved by NMFS.
    (iii) Landing prior to the notification time. The owner or operator 
of a vessel that has completed a landing notification and submitted it 
to NMFS may land prior to the notification time, only if an authorized 
officer is present at the landing site, is available to meet the 
vessel, and has authorized the owner or operator of the vessel to land 
prior to the notification time.
    (iv) Changes to a landing notification. The owner or operator of a 
vessel who has submitted a landing notification to NMFS may make 
changes to the notification by submitting a superseding notification. 
If the initial superseding notification makes changes to the time of 
landing that is later than the original time in the notification, the 
vessel does not need to wait an additional 3 hours to land. If the 
initial superseding notification makes changes to the landing location, 
the time of landing is earlier than previously specified, or more than 
one superseding notification is submitted on a trip, the vessel must 
wait an additional 3 hours to land, except as provided in paragraph 
(a)(2)(iii) of this section.
    (v) Approved landing locations. Gulf reef fish not managed under an 
IFQ program, and Florida Keys/East Florida hogfish harvested in the 
Gulf, must be landed at an approved landing location. Landing locations 
must be approved by the NOAA Office of Law Enforcement prior to a 
vessel landing these species at these sites. Proposed landing locations 
may be submitted to NMFS; however, new landing locations will be 
approved only at the end of each calendar-year quarter. To have a 
landing location approved by the end of the calendar-year quarter, it 
must be submitted at least 45 days before the end of the calendar-year 
quarter. NMFS will evaluate the proposed sites based on, but not 
limited to, the criteria at Sec. Sec.  622.21(b)(5)(v) and 
622.22(b)(5)(v).
* * * * *

[FR Doc. 2018-12548 Filed 6-11-18; 8:45 am]
 BILLING CODE 3510-22-P