Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Revisions to Red Snapper and Hogfish Management Measures, 62555-62559 [2018-26196]
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Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Proposed Rules
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
V. Executive Order 13771
This proposed rule is not expected to
be an E.O. 13771 regulatory action,
because this rule is not significant under
E.O. 12866.
VI. Regulatory Flexibility Act
DoD does not expect this proposed
rule to have a significant economic
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., because the rule impacts a small
number of small entities. However, an
initial regulatory flexibility analysis has
been performed and is summarized as
follows:
DoD is proposing to revise the DFARS
to implement section 2804 of the
National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2019 (Pub.
L. 115–232), which amends the
thresholds at 10 U.S.C. 2855 for small
business set-asides of acquisitions for
architect-engineer services, including
construction design, in connection with
military construction projects or
military family housing projects.
The objective of this rule is to
implement statutory changes to 10
U.S.C. 2855 by removing the restriction
on small business set-asides for these
acquisitions and increasing the
threshold for small business set-aside to
$1,000,000. The legal basis for the rule
is section 2804 of the NDAA for FY
2019.
The rule applies to contract awards
for architect-engineer services,
including construction design. Data
from the Federal Procurement Data
System shows that, during FY 2017,
DoD awarded 232 contracts for
architect-engineer services to 187
unique small entities. In FY 2017, DoD
awarded 41 contracts for architect-
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engineer services valued at more than
the prior threshold of $400,000 and less
than the new threshold of $1,000,000.
This rule proposes to require future
contracts in this range to be awarded
pursuant to FAR part 19 set-aside
procedures. DoD also awarded 290
contracts for architect-engineer services
valued at more than $1,000,000. This
rule proposes to make it possible for
future contracts at those dollar values to
be awarded pursuant to part 19 set-aside
procedures. There are more than 33,000
small entities listed in the Small
Business Administration’s Dynamic
Small Business Search that provide
architect-engineer services. Of these
entities, approximately 300 could
benefit from this rule.
This rule does not impose any new
reporting, recordkeeping, or other
compliance requirements for small
entities.
This rule does not duplicate, overlap,
or conflict with any other Federal rules.
There are no known alternatives that
would meet the requirements of the
applicable statute.
DoD invites comments from small
business concerns and other interested
parties on the expected impact of this
rule on small entities. DoD will also
consider comments from small entities
concerning the existing regulations in
subparts affected by this rule in
accordance with 5 U.S.C. 610. Interested
parties must submit such comments
separately and should cite 5 U.S.C 610
(DFARS Case 2018–D057), in
correspondence.
VII. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Part 219
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR part 219 is
proposed to be amended as follows:
PART 219—SMALL BUSINESS
PROGRAMS
1. The authority citation for 48 CFR
part 219 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Revise section 219.502–1 to read as
follows:
■
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62555
219.502–1 Requirements for setting aside
acquisitions.
Do not set aside acquisitions for
supplies which were developed and
financed, in whole or in part, by
Canadian sources under the U.S.Canadian Defense Development Sharing
Program.
219.502–2
[Amended]
3. Amend section 219.502–2, in
paragraph (a)(iii), by removing ‘‘of
under $400,000’’ and adding ‘‘under
$1,000,000’’ in its place.
■
[FR Doc. 2018–26308 Filed 12–3–18; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 180724688–8688–01]
RIN 0648–BI39
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Revisions to Red Snapper and Hogfish
Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in two
framework actions to the Fishery
Management Plan (FMP) for the Reef
Fish Resources of the Gulf of Mexico
(Gulf), as prepared by the Gulf of
Mexico Fishery Management Council
(Council). The framework actions are
titled ‘‘Modify the Annual Catch Limit
(ACL) for the Gulf Red Snapper and
Hogfish Stocks’’ (ACL Framework
Action) and ‘‘Modify the Red Snapper
Recreational Annual Catch Targets
(ACT)’’ (ACT Framework Action). This
proposed rule would modify Gulf red
snapper commercial and recreational
ACLs (quotas) and ACTs, as well as the
Gulf hogfish (West Florida stock) stock
ACL, as a result of recent stock
assessments for each species.
Additionally, this proposed rule would
reduce the Federal charter vessel/
headboat (for-hire) component’s red
snapper ACT buffer to a level that
would allow a greater harvest in 2019
while continuing to constrain landings
to the component and total recreational
ACLs. The purposes of this proposed
SUMMARY:
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rule are to respond to updated stock
assessment information, maximize
socio-economic opportunities for red
snapper in the Federal for-hire
component, and to continue to achieve
optimum yield (OY) for each stock.
DATES: Written comments must be
received by January 3, 2019.
ADDRESSES: You may submit comments
on the proposed rule identified by
‘‘NOAA–NMFS–2018–0130’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20180130, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit all written comments
to Peter Hood, NMFS Southeast
Regional Office, 263 13th Avenue
South, St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
Electronic copies of the two
framework actions, which each 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://www.fisheries.noaa.gov/action/
framework-action-modificationrecreational-red-snapper-annual-catchtarget-buffers-0.
FOR FURTHER INFORMATION CONTACT:
Peter Hood, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
peter.hood@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Council manage the Gulf reef fish
fishery under the FMP. The FMP, which
includes red snapper and hogfish, 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.).
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The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing and
achieve, on a continuing basis, the OY
from federally managed fish stocks.
These mandates are intended to ensure
fishery resources are managed for the
greatest overall benefit to the nation,
particularly with respect to providing
food production and recreational
opportunities, and protecting marine
ecosystems.
All weights described in this
proposed rule are in round (whole)
weight.
Background
Red Snapper
The current red snapper stock ACL is
equal to the acceptable biological catch
(ABC) of 13.74 million lb (6.23 million
kg); 51 percent is allocated to the
commercial sector and 49 percent to the
recreational sector. The recreational
sector’s ACL is further divided into the
private angling component (57.7
percent) and Federal for-hire component
(42.3 percent). In addition, recreational
ACTs are in place for the recreational
sector and its respective components.
These component ACLs and ACTs were
implemented in 2015 and are currently
set to expire in 2022 (81 FR 86971,
December 2, 2016).
The regulations require NMFS to
project the component fishing seasons
based on the respective ACTs, which are
set 20 percent below the ACLs. The
ACTs were implemented to reduce the
likelihood of exceeding the private
angling or Federal for-hire component
ACLs, as well as the total recreational
ACL. The commercial sector does not
have an ACT because it is managed
under an individual fishing quota
program that effectively constrains
landings to the commercial ACL.
As set through a framework action in
2017, the current red snapper sector
ACLs are 7.007 million lb (3.178 million
kg) for the commercial sector and 6.733
million lb (3.054 million kg) for the
recreational sector (82 FR 26376, June 7,
2017). The current recreational
component ACLs are 2.848 million lb
(1.292 million kg) for the for-hire
component and 3.885 million lb (1.762
million kg) for the private angling
component.
The current red snapper recreational
ACT is 5.386 million lb (2.443 million
kg). The Federal for-hire component
ACT is 2.278 million lb (1.033 million
kg) and the private angling component
ACT is 3.108 million lb (1.410 million
kg). As noted above, the component
ACLs and ACTs are effective through
2022, after which sector separation ends
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and the recreational sector will be
managed through a recreational ACL
and an ACT, but no component ACLs or
ACTs.
The Southeast Data, Assessment, and
Review (SEDAR) 52 stock assessment
for Gulf red snapper was completed in
2018 and was reviewed by the Council’s
Scientific and Statistical Committee
(SSC) in May 2018. The assessment
indicated the Gulf red snapper stock is
not overfished or undergoing
overfishing, and is still rebuilding
consistent with the plan to rebuild the
stock by 2032. The SSC determined that
the stock assessment represented the
best scientific information available,
acknowledged the red snapper ABC
could be increased, and recommended
two different ABC options to the
Council: A declining yield stream and a
constant catch scenario. The Council
decided to use the constant catch
recommendation and set the ABC at
15.1 million lb (6.85 million kg).
Because the Federal for-hire
component has not exceeded its
applicable ACL or ACT, the ACT
Framework Action was developed to
reduce the buffer between the Federal
for-hire component ACT and ACL. The
Council did not consider decreasing the
private angling component ACT buffer
because this component exceeded its
ACL in 2 of the past 3 years.
Application of the Council’s ACL/ACT
Control Rule resulted in a suggested
buffer of 9 percent for the Federal forhire component. The ACL/ACT Control
Rule is used to determine a buffer based
on factors such as recent harvest
overages, the percent standard error in
Federal for-hire landing estimates, stock
status, and whether in-season
accountability measures are used. The
Council decided to change the Federal
for-hire component ACT for the 2019
fishing year to reflect this reduced
buffer. The reduction in the Federal forhire component’s ACL/ACT buffer
would be effective only for 2019 to
coincide with the second year of
temporary changes to the management
of the private angling component. All
five Gulf states received exempted
fishing permits (EFPs) from NMFS for
the 2018 and 2019 fishing years to allow
them to test limited state management of
the private angling component. Each
state was allocated a percentage of the
private angling ACL and each state
determined whether to manage a
reduced portion of its ACL to account
for management uncertainty. Therefore,
the Council determined that the
reduction in the Federal for-hire
component ACT buffer should be
limited to 2019. If state management of
the private angling component is
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extended through an amendment to the
FMP, the Council could consider
retaining the 9 percent buffer for the
Federal for-hire component.
Hogfish
The West Florida stock of hogfish is
contained completely within the
jurisdiction of the Council and includes
hogfish in the Gulf exclusive economic
zone (EEZ) except south of 25°09′ N lat.
off the west coast of Florida. As
implemented through Amendment 43 to
the FMP, the West Florida stock ACL is
159,300 lb (72,257 kg) for the 2019 and
subsequent fishing years (82 FR 34574,
July 25, 2017). There is no ACT
designated for West Florida hogfish.
The SEDAR 37 Update assessment for
the West Florida hogfish stock was
completed in 2018. The assessment
indicated the West Florida stock is not
overfished or undergoing overfishing.
The Council’s SSC reviewed the
assessment in May 2018, determined
that the stock assessment represented
the best scientific information available,
and provided overfishing limit (OFL)
and ABC recommendations based on an
increasing yield stream. As a result of
uncertainties in the update assessment,
the SSC did not provide OFL and ABC
recommendations beyond 2021. West
Florida hogfish has a stock ACL that is
equal to the ABC.
Management Measures Contained in
This Proposed Rule
For red snapper, this proposed rule
would revise the commercial and
recreational sector ACLs and ACTs. For
the 2019 fishing year, the for-hire
component ACT would be set 9 percent
below the component ACL. For hogfish,
this proposed rule would revise the
stock ACL for the West Florida stock.
Red Snapper ACLs, ACTs, and For-Hire
Component ACT Buffer
Through this proposed rule, and as a
result of the SEDAR 52 stock assessment
and the recommendations of the
Council’s SSC, the ACL Framework
Action would increase the total red
snapper ACL from 13.74 million lb (6.23
million kg) to 15.1 million lb (6.85
million kg). Using the current sector
allocation ratios the resulting ACLs
would be 7.701 million lb (3.493 million
kg) for the commercial sector, 7.399
million lb (3.356 million kg) for the
recreational sector, 3.130 million lb
(1.420 million kg) for the Federal forhire component, and 4.269 million lb
(1.936 million kg) for the private angling
component.
As described in the ACT Framework
Action, this proposed rule would
temporarily reduce the Federal for-hire
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component ACL/ACT buffer from 20
percent to 9 percent in 2019, which in
turn would increase the Federal for-hire
component ACT. This would
consequently increase the recreational
ACT as it is the sum of the Federal forhire and private angling component’s
ACTs.
As a result of the increased red
snapper ACLs and ACTs through the
ACL Framework Action and the
increased recreational and Federal forhire component ACTs through the ACT
Framework Action, for the 2019 fishing
year, the recreational ACT would be
6.263 million lb (2.841 million kg) and
the Federal for-hire component ACT
would be 2.848 million lb (1.292 million
kg). For 2020 and subsequent fishing
years, the recreational ACT would be
5.919 million lb (2.830 million kg) and
the Federal for-hire component ACT
would be 2.504 million lb (1.136 million
kg) for the 2020 through 2022 fishing
years. The private angling component
ACT would be 3.415 million lb (1.549
million kg) for the 2019 through 2022
fishing years. Therefore, the component
ACTs in this proposed rule reflect a 9
percent buffer applied to the Federal
for-hire component and a 20 percent
buffer applied to the private angling
component for 2019, and a 20 percent
buffer applied to both for 2020 through
2022.
Hogfish Stock ACL
The ACL Framework Action would
set the hogfish stock ACLs equal to the
Council’s SSC recommended ABCs of
129,500 lb (58,740 kg) for 2019, 141,300
lb (64,093 kg) for 2020, and 150,400 lb
(68,220 kg) for 2021. Additionally, the
ACL (and ABC) proposed for 2021
would be in effect for the 2021 and
subsequent fishing years. Although the
proposed ACLs for 2019 through 2021
and beyond are less than the current
stock ACL, landings in recent years have
not exceeded the current ACL (e.g., less
than 50 percent of the stock ACL in
2017). Landings are also expected to be
constrained to the stock ACL by an
increase in the minimum size limit from
12 to 14 inches (30.5 to 35.6 cm), fork
length, implemented in 2017. This
measure is expected to reduce the
directed harvest of hogfish.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the framework actions, the FMP,
the Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
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62557
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
This proposed rule is not an Executive
Order 13771 regulatory action because
this rule is not significant under
Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
determination follows.
A description of the proposed rule,
why it is being considered, and the
objectives of, and legal basis for this
proposed rule are contained in the
preamble of this rule at the beginning of
the SUPPLEMENTARY INFORMATION section
and in the SUMMARY section. The
Magnuson-Stevens Act provides the
statutory basis for this rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. In
addition, no new reporting, recordkeeping, or other compliance
requirements are introduced by this
proposed rule. Accordingly, the
requirements of the Paperwork
Reduction Act do not apply to this
proposed rule.
This proposed rule would directly
apply to recreational fishers (anglers)
and indirectly to for-hire fishing
businesses (NAICS code 487210) that
harvest red snapper and/or West Florida
hogfish in Federal waters of the Gulf.
Anglers are not considered small
entities as that term is defined in 5
U.S.C. 601(6), whether fishing from forhire fishing, private or leased vessels.
Therefore, estimates of the number of
anglers directly affected by the rule and
the impacts on them are not provided
here. For-hire fishing businesses that
harvest red snapper and/or hogfish in
Federal waters would be indirectly
affected if the rule were to cause
changes in angler demand for their
services. The RFA does not consider
such indirect impacts on small entities.
This proposed rule would directly
affect commercial fishing businesses
(NAICS code 11411) that harvest red
snapper and/or hogfish in the Gulf.
First, it would increase the commercial
ACL for red snapper, and second, it
would decrease the commercial ACL for
hogfish.
For RFA purposes, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily involved in
commercial fishing (NAICS 11411) is
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classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and its
combined annual receipts are not in
excess of $11 million for all of its
affiliated operations worldwide.
The best economic data available
related to the commercial harvest of red
snapper is available through 2016. From
2012 through 2016, an annual average of
409 vessels landed at least 1 lb (0.45 kg)
of red snapper in the Gulf. On average,
these vessels combined generated total
revenues of approximately $60.37
million, of which $24.96 million were
from red snapper and $35.41 million
from other species. The average annual
revenue per vessel was approximately
$148,000. Red snapper accounted for
about 41 percent of these vessels’ total
revenues. Net revenues from fishing
operations of these vessels were
approximately 36 percent of total
revenues.
The best economic data available
related to the commercial harvest of
hogfish is available through 2017. From
2012 through 2017, an annual average of
61 vessels landed at least 1 lb (0.45 kg)
of West Florida hogfish. The average
annual total revenue was approximately
$0.12 million from hogfish,
approximately $0.51 million from other
species co-harvested with hogfish (on
the same trips), and approximately
$1.66 million from trips in the Gulf on
which no hogfish were harvested or
occurred in the South Atlantic. The
average total annual revenue from all
species harvested by vessels that harvest
hogfish in the Gulf was approximately
$2.29 million, or approximately $37,000
per vessel. Hogfish accounted for about
5 percent of these vessels’ total
revenues.
Based on annual revenue information,
all of the commercial fishing businesses
with the 409 vessels that annually
harvest red snapper and those with the
61 vessels that land West Florida
hogfish from the Gulf are small entities.
Because all entities expected to be
directly affected by this proposed rule
are small entities, NMFS has
determined that this proposed rule
would affect a substantial number of
small entities; however, the issue of
disproportionate effects on small versus
large entities does not arise in the
present case.
Since 2007, the commercial sector’s
harvest of red snapper has operated
under an individual fishing quota (RS–
IFQ) program. The RS–IFQ program
uses shares and allocations to distribute
and account for the commercial fishing
quota. The proposed rule would
increase the quota, which would
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increase dockside revenue from red
snapper. Total dockside revenue for all
vessels combined would increase by
$4.462 million in 2019, $4.170 million
in 2020, and $3.897 in 2021. For the 409
vessels, total revenue per vessel would
increase by $10,909 in 2019, $10,195 in
2020, and $9,528 in 2021. The total
value of all IFQ shares and all allocation
for 2019 through 2021 would also
increase.
The reduction of the West Florida
hogfish ACL would reduce dockside
revenue by $27,387 (2017 dollars) in
2019, by $16,543 in 2020, and $8,179
annually thereafter. The average annual
revenue loss per vessel for the 61
vessels that land hogfish would be $449
in 2019, $271 in 2020 and $134
annually thereafter. Those revenue
losses represent 1.12 percent, 0.72
percent and 0.36 percent of average
annual revenue of the 61 vessels that
land West Florida hogfish. The 61
vessels represent approximately 7
percent of the average 877 vessels
permitted to harvest Gulf reef fish
annually.
The information provided above
supports a determination that this
proposed rule would not have a
significant economic impact on a
substantial number of small entities.
Because this proposed rule, if
implemented, is not expected to have a
significant economic impact on any
small entities, an initial regulatory
flexibility analysis is not required and
none has been prepared.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing,
Hogfish, Gulf, Recreational, Red
snapper.
Dated: November 28, 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 proposed
to be amended as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.39, revise paragraphs
(a)(1)(i) and (a)(2)(i) to read as follows:
■
§ 622.39
*
Quotas.
*
*
(a) * * *
(1) * * *
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*
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(i) Commercial quota for red
snapper—7.701 million lb (3.493
million kg), round weight.
*
*
*
*
*
(2) * * *
(i) Recreational quota for red
snapper—(A) Total recreational. The
total recreational quota, is 7.399 million
lb (3.356 million kg), round weight.
(B) Federal charter vessel/headboat
component quota. The Federal charter
vessel/headboat component quota
applies to vessels that have been issued
a valid Federal charter vessel/headboat
permit for Gulf reef fish any time during
the fishing year. This component quota
is effective through the 2022 fishing
year. For the 2023 and subsequent
fishing years, the applicable total
recreational quota, specified in
paragraph (a)(2)(i)(A) of this section,
will apply to the recreational sector. The
Federal charter vessel/headboat
component quota is 3.130 million lb
(1.420 million kg), round weight.
(C) Private angling component quota.
The private angling component quota
applies to vessels that fish under the bag
limit and have not been issued a Federal
charter vessel/headboat permit for Gulf
reef fish any time during the fishing
year. This component quota is effective
through the 2022 fishing year. For the
2023 and subsequent fishing years, the
applicable total recreational quota,
specified in paragraph (a)(2)(i)(A) of this
section, will apply to the recreational
sector. The private angling component
quota is 4.269 million lb (1.936 million
kg), round weight.
*
*
*
*
*
■ 3. In § 622.41, revise paragraphs (p)
and (q)(2)(iii) to read as follows:
§ 622.41 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(p) Hogfish in the Gulf EEZ except
south of 25°09′ N lat. off the west coast
of Florida. If the sum of the commercial
and recreational landings, as estimated
by the SRD, exceeds the stock ACL, then
during the following fishing year, if the
sum of commercial and recreational
landings reaches or is projected to reach
the stock ACL, the AA will file a
notification with the Office of the
Federal Register to close the commercial
and recreational sectors for the
remainder of that fishing year. The stock
ACL for hogfish, in round weight, in the
Gulf EEZ except south of 25°09′ N lat.
off the west coast of Florida, is 129,500
lb (58,740 kg), for the 2019 fishing year,
141,300 lb (64,093 kg), for the 2020
fishing year, and 150,400 lb (68,220 kg)
for the 2021 fishing year and subsequent
fishing years. See § 622.193(u)(2) for the
E:\FR\FM\04DEP1.SGM
04DEP1
Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Proposed Rules
ACLs, ACT, and AMs for hogfish in the
Gulf EEZ south of 25°09′ N lat. off the
west coast of Florida.
(q) * * *
(2) * * *
(iii) Recreational ACT for red
snapper—(A) Total recreational ACT.
For the 2019 fishing year, the total
recreational ACT is 6.263 million lb
(2.841 million kg), round weight. For
the 2020 and subsequent fishing years,
the total recreational ACT is 5.919
million lb (2.830 million kg), round
weight.
(B) Federal charter vessel/headboat
component ACT. The Federal charter
vessel/headboat component ACT
VerDate Sep<11>2014
16:41 Dec 03, 2018
Jkt 247001
applies to vessels that have been issued
a valid Federal charter vessel/headboat
permit for Gulf reef fish any time during
the fishing year. This component ACT is
effective through the 2022 fishing year.
For the 2019 fishing year, the
component ACT is 2.848 million lb
(1.292 million kg), round weight. For
the 2020, 2021, and 2022 fishing years,
the component ACT is 2.504 million lb
(1.136 million lb), round weight. For the
2023 and subsequent fishing years, the
applicable total recreational ACT,
specified in paragraph (q)(2)(iii)(A) of
this section, will apply to the
recreational sector.
PO 00000
(C) Private angling component ACT.
The private angling component ACT
applies to vessels that fish under the bag
limit and have not been issued a Federal
charter vessel/headboat permit for Gulf
reef fish any time during the fishing
year. This component ACT is effective
through the 2022 fishing year. The
component ACT is 3.415 million lb
(1.549 million kg), round weight. For
the 2023 and subsequent fishing years,
the applicable total recreational ACT,
specified in paragraph (q)(2)(iii)(A) of
this section, will apply to the
recreational sector.
[FR Doc. 2018–26196 Filed 12–3–18; 8:45 am]
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Agencies
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Proposed Rules]
[Pages 62555-62559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26196]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 180724688-8688-01]
RIN 0648-BI39
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Revisions to Red Snapper and
Hogfish Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement management measures described in
two framework actions to the Fishery Management Plan (FMP) for the Reef
Fish Resources of the Gulf of Mexico (Gulf), as prepared by the Gulf of
Mexico Fishery Management Council (Council). The framework actions are
titled ``Modify the Annual Catch Limit (ACL) for the Gulf Red Snapper
and Hogfish Stocks'' (ACL Framework Action) and ``Modify the Red
Snapper Recreational Annual Catch Targets (ACT)'' (ACT Framework
Action). This proposed rule would modify Gulf red snapper commercial
and recreational ACLs (quotas) and ACTs, as well as the Gulf hogfish
(West Florida stock) stock ACL, as a result of recent stock assessments
for each species. Additionally, this proposed rule would reduce the
Federal charter vessel/headboat (for-hire) component's red snapper ACT
buffer to a level that would allow a greater harvest in 2019 while
continuing to constrain landings to the component and total
recreational ACLs. The purposes of this proposed
[[Page 62556]]
rule are to respond to updated stock assessment information, maximize
socio-economic opportunities for red snapper in the Federal for-hire
component, and to continue to achieve optimum yield (OY) for each
stock.
DATES: Written comments must be received by January 3, 2019.
ADDRESSES: You may submit comments on the proposed rule identified by
``NOAA-NMFS-2018-0130'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0130, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit all written comments to Peter Hood, NMFS
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL
33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of the two framework actions, which each 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://www.fisheries.noaa.gov/action/framework-action-modification-recreational-red-snapper-annual-catch-target-buffers-0.
FOR FURTHER INFORMATION CONTACT: Peter Hood, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef
fish fishery under the FMP. The FMP, which includes red snapper and
hogfish, 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.).
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the OY from federally managed fish stocks. These mandates are
intended to ensure fishery resources are managed for the greatest
overall benefit to the nation, particularly with respect to providing
food production and recreational opportunities, and protecting marine
ecosystems.
All weights described in this proposed rule are in round (whole)
weight.
Background
Red Snapper
The current red snapper stock ACL is equal to the acceptable
biological catch (ABC) of 13.74 million lb (6.23 million kg); 51
percent is allocated to the commercial sector and 49 percent to the
recreational sector. The recreational sector's ACL is further divided
into the private angling component (57.7 percent) and Federal for-hire
component (42.3 percent). In addition, recreational ACTs are in place
for the recreational sector and its respective components. These
component ACLs and ACTs were implemented in 2015 and are currently set
to expire in 2022 (81 FR 86971, December 2, 2016).
The regulations require NMFS to project the component fishing
seasons based on the respective ACTs, which are set 20 percent below
the ACLs. The ACTs were implemented to reduce the likelihood of
exceeding the private angling or Federal for-hire component ACLs, as
well as the total recreational ACL. The commercial sector does not have
an ACT because it is managed under an individual fishing quota program
that effectively constrains landings to the commercial ACL.
As set through a framework action in 2017, the current red snapper
sector ACLs are 7.007 million lb (3.178 million kg) for the commercial
sector and 6.733 million lb (3.054 million kg) for the recreational
sector (82 FR 26376, June 7, 2017). The current recreational component
ACLs are 2.848 million lb (1.292 million kg) for the for-hire component
and 3.885 million lb (1.762 million kg) for the private angling
component.
The current red snapper recreational ACT is 5.386 million lb (2.443
million kg). The Federal for-hire component ACT is 2.278 million lb
(1.033 million kg) and the private angling component ACT is 3.108
million lb (1.410 million kg). As noted above, the component ACLs and
ACTs are effective through 2022, after which sector separation ends and
the recreational sector will be managed through a recreational ACL and
an ACT, but no component ACLs or ACTs.
The Southeast Data, Assessment, and Review (SEDAR) 52 stock
assessment for Gulf red snapper was completed in 2018 and was reviewed
by the Council's Scientific and Statistical Committee (SSC) in May
2018. The assessment indicated the Gulf red snapper stock is not
overfished or undergoing overfishing, and is still rebuilding
consistent with the plan to rebuild the stock by 2032. The SSC
determined that the stock assessment represented the best scientific
information available, acknowledged the red snapper ABC could be
increased, and recommended two different ABC options to the Council: A
declining yield stream and a constant catch scenario. The Council
decided to use the constant catch recommendation and set the ABC at
15.1 million lb (6.85 million kg).
Because the Federal for-hire component has not exceeded its
applicable ACL or ACT, the ACT Framework Action was developed to reduce
the buffer between the Federal for-hire component ACT and ACL. The
Council did not consider decreasing the private angling component ACT
buffer because this component exceeded its ACL in 2 of the past 3
years. Application of the Council's ACL/ACT Control Rule resulted in a
suggested buffer of 9 percent for the Federal for-hire component. The
ACL/ACT Control Rule is used to determine a buffer based on factors
such as recent harvest overages, the percent standard error in Federal
for-hire landing estimates, stock status, and whether in-season
accountability measures are used. The Council decided to change the
Federal for-hire component ACT for the 2019 fishing year to reflect
this reduced buffer. The reduction in the Federal for-hire component's
ACL/ACT buffer would be effective only for 2019 to coincide with the
second year of temporary changes to the management of the private
angling component. All five Gulf states received exempted fishing
permits (EFPs) from NMFS for the 2018 and 2019 fishing years to allow
them to test limited state management of the private angling component.
Each state was allocated a percentage of the private angling ACL and
each state determined whether to manage a reduced portion of its ACL to
account for management uncertainty. Therefore, the Council determined
that the reduction in the Federal for-hire component ACT buffer should
be limited to 2019. If state management of the private angling
component is
[[Page 62557]]
extended through an amendment to the FMP, the Council could consider
retaining the 9 percent buffer for the Federal for-hire component.
Hogfish
The West Florida stock of hogfish is contained completely within
the jurisdiction of the Council and includes hogfish in the Gulf
exclusive economic zone (EEZ) except south of 25[deg]09' N lat. off the
west coast of Florida. As implemented through Amendment 43 to the FMP,
the West Florida stock ACL is 159,300 lb (72,257 kg) for the 2019 and
subsequent fishing years (82 FR 34574, July 25, 2017). There is no ACT
designated for West Florida hogfish.
The SEDAR 37 Update assessment for the West Florida hogfish stock
was completed in 2018. The assessment indicated the West Florida stock
is not overfished or undergoing overfishing. The Council's SSC reviewed
the assessment in May 2018, determined that the stock assessment
represented the best scientific information available, and provided
overfishing limit (OFL) and ABC recommendations based on an increasing
yield stream. As a result of uncertainties in the update assessment,
the SSC did not provide OFL and ABC recommendations beyond 2021. West
Florida hogfish has a stock ACL that is equal to the ABC.
Management Measures Contained in This Proposed Rule
For red snapper, this proposed rule would revise the commercial and
recreational sector ACLs and ACTs. For the 2019 fishing year, the for-
hire component ACT would be set 9 percent below the component ACL. For
hogfish, this proposed rule would revise the stock ACL for the West
Florida stock.
Red Snapper ACLs, ACTs, and For-Hire Component ACT Buffer
Through this proposed rule, and as a result of the SEDAR 52 stock
assessment and the recommendations of the Council's SSC, the ACL
Framework Action would increase the total red snapper ACL from 13.74
million lb (6.23 million kg) to 15.1 million lb (6.85 million kg).
Using the current sector allocation ratios the resulting ACLs would be
7.701 million lb (3.493 million kg) for the commercial sector, 7.399
million lb (3.356 million kg) for the recreational sector, 3.130
million lb (1.420 million kg) for the Federal for-hire component, and
4.269 million lb (1.936 million kg) for the private angling component.
As described in the ACT Framework Action, this proposed rule would
temporarily reduce the Federal for-hire component ACL/ACT buffer from
20 percent to 9 percent in 2019, which in turn would increase the
Federal for-hire component ACT. This would consequently increase the
recreational ACT as it is the sum of the Federal for-hire and private
angling component's ACTs.
As a result of the increased red snapper ACLs and ACTs through the
ACL Framework Action and the increased recreational and Federal for-
hire component ACTs through the ACT Framework Action, for the 2019
fishing year, the recreational ACT would be 6.263 million lb (2.841
million kg) and the Federal for-hire component ACT would be 2.848
million lb (1.292 million kg). For 2020 and subsequent fishing years,
the recreational ACT would be 5.919 million lb (2.830 million kg) and
the Federal for-hire component ACT would be 2.504 million lb (1.136
million kg) for the 2020 through 2022 fishing years. The private
angling component ACT would be 3.415 million lb (1.549 million kg) for
the 2019 through 2022 fishing years. Therefore, the component ACTs in
this proposed rule reflect a 9 percent buffer applied to the Federal
for-hire component and a 20 percent buffer applied to the private
angling component for 2019, and a 20 percent buffer applied to both for
2020 through 2022.
Hogfish Stock ACL
The ACL Framework Action would set the hogfish stock ACLs equal to
the Council's SSC recommended ABCs of 129,500 lb (58,740 kg) for 2019,
141,300 lb (64,093 kg) for 2020, and 150,400 lb (68,220 kg) for 2021.
Additionally, the ACL (and ABC) proposed for 2021 would be in effect
for the 2021 and subsequent fishing years. Although the proposed ACLs
for 2019 through 2021 and beyond are less than the current stock ACL,
landings in recent years have not exceeded the current ACL (e.g., less
than 50 percent of the stock ACL in 2017). Landings are also expected
to be constrained to the stock ACL by an increase in the minimum size
limit from 12 to 14 inches (30.5 to 35.6 cm), fork length, implemented
in 2017. This measure is expected to reduce the directed harvest of
hogfish.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the framework actions, the FMP, the Magnuson-Stevens
Act, and other applicable law, subject to further consideration after
public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866. This proposed rule is not an
Executive Order 13771 regulatory action because this rule is not
significant under Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this determination follows.
A description of the proposed rule, why it is being considered, and
the objectives of, and legal basis for this proposed rule are contained
in the preamble of this rule at the beginning of the SUPPLEMENTARY
INFORMATION section and in the SUMMARY section. The Magnuson-Stevens
Act provides the statutory basis for this rule. No duplicative,
overlapping, or conflicting Federal rules have been identified. In
addition, no new reporting, record-keeping, or other compliance
requirements are introduced by this proposed rule. Accordingly, the
requirements of the Paperwork Reduction Act do not apply to this
proposed rule.
This proposed rule would directly apply to recreational fishers
(anglers) and indirectly to for-hire fishing businesses (NAICS code
487210) that harvest red snapper and/or West Florida hogfish in Federal
waters of the Gulf. Anglers are not considered small entities as that
term is defined in 5 U.S.C. 601(6), whether fishing from for-hire
fishing, private or leased vessels. Therefore, estimates of the number
of anglers directly affected by the rule and the impacts on them are
not provided here. For-hire fishing businesses that harvest red snapper
and/or hogfish in Federal waters would be indirectly affected if the
rule were to cause changes in angler demand for their services. The RFA
does not consider such indirect impacts on small entities.
This proposed rule would directly affect commercial fishing
businesses (NAICS code 11411) that harvest red snapper and/or hogfish
in the Gulf. First, it would increase the commercial ACL for red
snapper, and second, it would decrease the commercial ACL for hogfish.
For RFA purposes, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
involved in commercial fishing (NAICS 11411) is
[[Page 62558]]
classified as a small business if it is independently owned and
operated, is not dominant in its field of operation (including its
affiliates), and its combined annual receipts are not in excess of $11
million for all of its affiliated operations worldwide.
The best economic data available related to the commercial harvest
of red snapper is available through 2016. From 2012 through 2016, an
annual average of 409 vessels landed at least 1 lb (0.45 kg) of red
snapper in the Gulf. On average, these vessels combined generated total
revenues of approximately $60.37 million, of which $24.96 million were
from red snapper and $35.41 million from other species. The average
annual revenue per vessel was approximately $148,000. Red snapper
accounted for about 41 percent of these vessels' total revenues. Net
revenues from fishing operations of these vessels were approximately 36
percent of total revenues.
The best economic data available related to the commercial harvest
of hogfish is available through 2017. From 2012 through 2017, an annual
average of 61 vessels landed at least 1 lb (0.45 kg) of West Florida
hogfish. The average annual total revenue was approximately $0.12
million from hogfish, approximately $0.51 million from other species
co-harvested with hogfish (on the same trips), and approximately $1.66
million from trips in the Gulf on which no hogfish were harvested or
occurred in the South Atlantic. The average total annual revenue from
all species harvested by vessels that harvest hogfish in the Gulf was
approximately $2.29 million, or approximately $37,000 per vessel.
Hogfish accounted for about 5 percent of these vessels' total revenues.
Based on annual revenue information, all of the commercial fishing
businesses with the 409 vessels that annually harvest red snapper and
those with the 61 vessels that land West Florida hogfish from the Gulf
are small entities.
Because all entities expected to be directly affected by this
proposed rule are small entities, NMFS has determined that this
proposed rule would affect a substantial number of small entities;
however, the issue of disproportionate effects on small versus large
entities does not arise in the present case.
Since 2007, the commercial sector's harvest of red snapper has
operated under an individual fishing quota (RS-IFQ) program. The RS-IFQ
program uses shares and allocations to distribute and account for the
commercial fishing quota. The proposed rule would increase the quota,
which would increase dockside revenue from red snapper. Total dockside
revenue for all vessels combined would increase by $4.462 million in
2019, $4.170 million in 2020, and $3.897 in 2021. For the 409 vessels,
total revenue per vessel would increase by $10,909 in 2019, $10,195 in
2020, and $9,528 in 2021. The total value of all IFQ shares and all
allocation for 2019 through 2021 would also increase.
The reduction of the West Florida hogfish ACL would reduce dockside
revenue by $27,387 (2017 dollars) in 2019, by $16,543 in 2020, and
$8,179 annually thereafter. The average annual revenue loss per vessel
for the 61 vessels that land hogfish would be $449 in 2019, $271 in
2020 and $134 annually thereafter. Those revenue losses represent 1.12
percent, 0.72 percent and 0.36 percent of average annual revenue of the
61 vessels that land West Florida hogfish. The 61 vessels represent
approximately 7 percent of the average 877 vessels permitted to harvest
Gulf reef fish annually.
The information provided above supports a determination that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. Because this proposed rule, if
implemented, is not expected to have a significant economic impact on
any small entities, an initial regulatory flexibility analysis is not
required and none has been prepared.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Hogfish, Gulf, Recreational, Red
snapper.
Dated: November 28, 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
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.39, revise paragraphs (a)(1)(i) and (a)(2)(i) to read
as follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(1) * * *
(i) Commercial quota for red snapper--7.701 million lb (3.493
million kg), round weight.
* * * * *
(2) * * *
(i) Recreational quota for red snapper--(A) Total recreational. The
total recreational quota, is 7.399 million lb (3.356 million kg), round
weight.
(B) Federal charter vessel/headboat component quota. The Federal
charter vessel/headboat component quota applies to vessels that have
been issued a valid Federal charter vessel/headboat permit for Gulf
reef fish any time during the fishing year. This component quota is
effective through the 2022 fishing year. For the 2023 and subsequent
fishing years, the applicable total recreational quota, specified in
paragraph (a)(2)(i)(A) of this section, will apply to the recreational
sector. The Federal charter vessel/headboat component quota is 3.130
million lb (1.420 million kg), round weight.
(C) Private angling component quota. The private angling component
quota applies to vessels that fish under the bag limit and have not
been issued a Federal charter vessel/headboat permit for Gulf reef fish
any time during the fishing year. This component quota is effective
through the 2022 fishing year. For the 2023 and subsequent fishing
years, the applicable total recreational quota, specified in paragraph
(a)(2)(i)(A) of this section, will apply to the recreational sector.
The private angling component quota is 4.269 million lb (1.936 million
kg), round weight.
* * * * *
0
3. In Sec. 622.41, revise paragraphs (p) and (q)(2)(iii) to read as
follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(p) Hogfish in the Gulf EEZ except south of 25[deg]09' N lat. off
the west coast of Florida. If the sum of the commercial and
recreational landings, as estimated by the SRD, exceeds the stock ACL,
then during the following fishing year, if the sum of commercial and
recreational landings reaches or is projected to reach the stock ACL,
the AA will file a notification with the Office of the Federal Register
to close the commercial and recreational sectors for the remainder of
that fishing year. The stock ACL for hogfish, in round weight, in the
Gulf EEZ except south of 25[deg]09' N lat. off the west coast of
Florida, is 129,500 lb (58,740 kg), for the 2019 fishing year, 141,300
lb (64,093 kg), for the 2020 fishing year, and 150,400 lb (68,220 kg)
for the 2021 fishing year and subsequent fishing years. See Sec.
622.193(u)(2) for the
[[Page 62559]]
ACLs, ACT, and AMs for hogfish in the Gulf EEZ south of 25[deg]09' N
lat. off the west coast of Florida.
(q) * * *
(2) * * *
(iii) Recreational ACT for red snapper--(A) Total recreational ACT.
For the 2019 fishing year, the total recreational ACT is 6.263 million
lb (2.841 million kg), round weight. For the 2020 and subsequent
fishing years, the total recreational ACT is 5.919 million lb (2.830
million kg), round weight.
(B) Federal charter vessel/headboat component ACT. The Federal
charter vessel/headboat component ACT applies to vessels that have been
issued a valid Federal charter vessel/headboat permit for Gulf reef
fish any time during the fishing year. This component ACT is effective
through the 2022 fishing year. For the 2019 fishing year, the component
ACT is 2.848 million lb (1.292 million kg), round weight. For the 2020,
2021, and 2022 fishing years, the component ACT is 2.504 million lb
(1.136 million lb), round weight. For the 2023 and subsequent fishing
years, the applicable total recreational ACT, specified in paragraph
(q)(2)(iii)(A) of this section, will apply to the recreational sector.
(C) Private angling component ACT. The private angling component
ACT applies to vessels that fish under the bag limit and have not been
issued a Federal charter vessel/headboat permit for Gulf reef fish any
time during the fishing year. This component ACT is effective through
the 2022 fishing year. The component ACT is 3.415 million lb (1.549
million kg), round weight. For the 2023 and subsequent fishing years,
the applicable total recreational ACT, specified in paragraph
(q)(2)(iii)(A) of this section, will apply to the recreational sector.
[FR Doc. 2018-26196 Filed 12-3-18; 8:45 am]
BILLING CODE 3510-22-P