Rule2021-13807
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Gray Triggerfish Management Measures
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Published
June 29, 2021
Effective
July 29, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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 modifies catch limits in the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) for gray triggerfish. The purpose of this final rule and the framework action is to modify the catch limits, as applicable, consistent with the most recent interim analysis for gray triggerfish and to achieve optimum yield (OY) for the stock.
Full Text
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<title>Federal Register, Volume 86 Issue 122 (Tuesday, June 29, 2021)</title>
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[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Rules and Regulations]
[Pages 34159-34161]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13807]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 210623-0136]
RIN 0648-BK34
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Gray Triggerfish Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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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
modifies catch limits in the Gulf of Mexico (Gulf) exclusive economic
zone (EEZ) for gray triggerfish. The purpose of this final rule and the
framework action is to modify the catch limits, as applicable,
consistent with the most recent interim analysis for gray triggerfish
and to achieve optimum yield (OY) for the stock.
DATES: This final rule is effective July 29, 2021.
ADDRESSES: Electronic copies of the framework action, which includes an
environmental assessment, a regulatory impact review, and a Regulatory
Flexibility Act analysis, may be obtained from the Southeast Regional
Office website at <a href="https://www.fisheries.noaa.gov/action/framework-action-modification-gray-triggerfish-catch-limits">https://www.fisheries.noaa.gov/action/framework-action-modification-gray-triggerfish-catch-limits</a>.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, Southeast Regional
Office, NMFS, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#4f042a23232661000b2021212a23230f21202e2e61282039"><span class="__cf_email__" data-cfemail="3b705e57575215747f5455555e57577b55545a5a155c544d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes
gray triggerfish, is managed 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).
On April 21, 2021, NMFS published a proposed rule for the framework
action and requested public comment (86 FR 20649). The proposed rule
and the framework action outline the rationale for the actions
contained in this final rule, which is unchanged from the proposed
rule. A summary of the management measures described in the framework
action and implemented by this final rule is described below. All
weights in the final rule are described in round weight.
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and to achieve, on a
continuing basis, the OY from federally managed fish stocks to ensure
that 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.
Gray triggerfish in the Gulf EEZ are managed using both commercial
and recreational sector measures with each sector having its own annual
catch limit (ACL) and annual catch target (ACT). The sector allocation
of the stock ACL, which equals the acceptable biological catch (ABC),
is 21 percent commercial and 79 percent recreational and was
implemented in 2008 through Amendment 30A to the FMP (73 FR 38139; July
3, 2008). Inseason accountability measures (AMs) for gray triggerfish
specify that if commercial or recreational landings meet or are
projected to meet the respective sector's ACT, that sector will close
for the remainder of the fishing year. For the commercial sector, the
post-season AM specifies that if the commercial ACL is exceeded despite
the quota closure, then the following fishing year's commercial ACL and
ACT (commercial quota) will be reduced by the amount of the prior
year's commercial ACL overage. For the recreational sector, if the
recreational ACL is exceeded and gray triggerfish are overfished, then
in the following fishing year the recreational ACL and ACT would be
reduced by the amount of the ACL overage in the prior fishing year. The
current gray triggerfish ACLs, ACTs (set at 5 percent and 10 percent
less than the commercial and recreational sector ACLs, respectively),
and inseason AMs for both sectors and the post season AM for the
recreational sector, were established in 2013, through Amendment 37 to
the FMP (78 FR 27084; May 9, 2013). The postseason AM for the
commercial sector was established in 2008, through Amendment 30A to the
FMP (73 FR 38139).
The most recent Southeast Data, Assessment, and Review (SEDAR)
stock assessment for gray triggerfish was completed and reviewed by the
[[Page 34160]]
Council's Scientific and Statistical Committee (SSC) in October 2015
(SEDAR 43). SEDAR 43 indicated that the gray triggerfish stock was not
experiencing overfishing but remained overfished and would not be
rebuilt by the end of 2017 as previously projected. As a result of
SEDAR 43, the Council's SSC made recommendations for an increased
overfishing limit (OFL) based on a fixed maximum fishing mortality
threshold, which is independent of rebuilding, and ABCs based on an 8,
9, or 10-year rebuilding timeline. Because of the stock not rebuilding
as anticipated, the Council decided not to change the ABC, sector ACLs,
and sector ACTs set by Amendment 37 but to change the rebuilding
timeline to rebuild the stock by 2025. Amendment 46 implicitly adopted
the SSC's recommendations for an increased OFL by including
alternatives with an ABC that was higher than the status quo OFL.
Amendment 44 to the FMP, implemented in 2017 (82 FR 61488; December 28,
2017), updated the stock status to not overfished but did not revise
the sector ACLs or ACTs.
Between 2012 and 2019, the commercial sector has exceeded its ACL
of 64,100 lb (29,075 kg), two times, in both 2012 and 2018. During that
same timeframe, the recreational sector has exceeded its ACL of 241,200
lb (109,406 kg), five times, in 2012, 2013, 2016, 2018, and 2019.
At its September 2020 meeting, the Council's SSC accepted a 2020
gray triggerfish interim analysis conducted by the NMFS Southeast
Fisheries Science Center (SEFSC). Unlike full SEDAR stock assessments,
interim analyses are designed to occur between regular SEDAR
assessments to determine trends in stock condition and project future
catch advice. While interim analyses take less time to complete, they
cannot be used to determine if a stock is making progress towards
rebuilding. Based on the interim analysis, abundance trends of the Gulf
gray triggerfish stock suggest an increase in biomass that could
support a greater harvest. The Council's SSC determined the interim
analysis was suitable for providing ABC catch advice through 2023. From
the interim analysis, the Council's SSC recommended the gray
triggerfish stock ABC be increased to 456,900 lb (207,246 kg), for 2021
and subsequent fishing years, with the request that another interim
analysis be completed in 2023. The Council's SSC previously recommended
an increased OFL (1,220,000 lb (553,383 kg)) that was implicitly
adopted by Amendment 46 and was not examined by this interim analysis.
In January 2021, the Council took final action on this framework
action, consistent with the most recent interim analysis for gray
triggerfish, and recommendations from the Council's SSC, the SEFSC, and
the Council's Reef Fish Advisory Panel (Reef Fish AP) to increase the
commercial and recreational catch limits for Gulf gray triggerfish, in
order to achieve OY consistent with the requirements of the Magnuson-
Stevens Act.
Management Measures Contained in This Final Rule
This final rule revises the commercial and recreational ACLs and
ACTs consistent with the interim analysis and the Council's SSC, SEFSC,
and the Council's Reef Fish AP recommendations.
Commercial ACL and ACT
This final rule increases the Gulf gray triggerfish commercial ACL
from 64,100 lb (29,075 kg), to 95,949 lb (43,522 kg), for the 2021, and
subsequent fishing years based on the current ACL sector allocation of
21 percent commercial. To determine the ACT, the Council used its ACL/
ACT control rule to determine the buffer to be applied to the
commercial ACL to account for updated information. Application of the
control rule indicated that an 8 percent buffer is appropriate between
the commercial ACL and ACT. This is an increase from the current buffer
of 5 percent. Using a more recent time series, the control rule yielded
a larger buffer as a result of the number of times sector landings
exceeded the commercial ACL, current stock status (the stock is
rebuilding), and the precision of landings data. The 8 percent buffer
applied to the commercial ACL, revises the commercial ACT (commercial
quota) from 60,900 lb (27,624 kg) to 88,273 lb (40,040 kg), for the
2021, and subsequent fishing years. The increased buffer between the
commercial ACL and ACT is expected to reduce the risk of the commercial
sector exceeding its ACL and to reduce the likelihood of overfishing
the gray triggerfish stock. NMFS notes that the commercial sector has
never exceeded the commercial ACL that is being implemented by this
rule.
Recreational ACL and ACT
This final rule increases the Gulf gray triggerfish recreational
ACL from 241,200 lb (109,406 kg) to 360,951 lb (163,725 kg), for the
2021 and subsequent fishing years based on the ACL recreational sector
allocation of 79 percent. To determine the new recreational ACT, the
ACL/ACT control rule was applied to determine the buffer between the
ACL and ACT using updated information. The control rule yielded a 24
percent buffer, an increase from the current 10 percent buffer. The
buffer increased because of past ACL overages, current stock status
(the stock is rebuilding), the application of a more recent time
series, and the precision of landings data. When the 24 percent buffer
is applied to the new recreational ACL, the ACT is increased from
217,100 lb (98,475 kg) to 274,323 lb (124,431 kg), for the 2021 and
subsequent fishing years.
NMFS notes that recreational landings in the 2013, 2016, and 2018
fishing years have exceeded the recreational ACL implemented in this
rule. The increased buffers between the recreational ACL and ACT are
expected to reduce the risk of the recreational sector exceeding its
ACL, and to reduce the likelihood of overfishing the gray triggerfish
stock.
Measure in the Framework Action But Not Codified in This Final Rule
In addition to the other measures contained in this final rule, the
framework action also revises the Gulf gray triggerfish stock ABC. As a
result of the gray triggerfish interim analysis, and the recommendation
of the Council's SSC, the framework action increases the Gulf gray
triggerfish stock ABC from 305,300 lb (138,482 kg), to 456,900 lb
(207,246 kg). The stock ACL remains equal to the stock ABC. A buffer
between the stock ABC and ACL was not recommended by the Council's Reef
Fish AP so as to retain the Council's current management approach for
gray triggerfish, which is to set the stock ACL equal to the ABC. In
addition, the increased ABC is 37.5 percent of the OFL (1,220,000 lb
(553,383 kg). This large difference between the ABC and OFL reduces the
risk of overfishing of the gray triggerfish stock.
Comments and Responses
NMFS received a total of 13 comments on the proposed rule for the
framework action. Most comments supported the measures for Gulf gray
triggerfish in the proposed rule and framework action. Some comments
suggested changes to gray triggerfish management measures that were
outside the scope of the proposed rule and framework action, such as
increasing the recreational season length, increasing the recreational
bag limit, increasing the commercial trip limit, reducing the minimum
size limits, or gleaning bycatch within the gray
[[Page 34161]]
triggerfish portion of the reef fish fishery; therefore, these comments
are not addressed further in this final rule. Specific comments related
to the proposed rule and the framework action are grouped by topic and
addressed below.
Comment 1: The commercial and recreational catch limits for gray
triggerfish in the Gulf should remain the same and not be increased.
Response: NMFS disagrees. Maintaining the current ACLs and ACTs is
not consistent with the requirements of the Magnuson-Stevens Act to
establish catch limits that achieve OY. The previous commercial ACL of
64,100 lb (29,075 kg), the recreational ACL of 241,200 lb (109,406 kg),
the commercial ACT of 60,900 lb (27,624 kg), and the recreational ACT
of 217,100 lb (98,475 kg) have been in effect since 2013 (78 FR 27084;
May 9, 2013). In 2015, the results of SEDAR 43 found that the Gulf gray
triggerfish stock OFL and ABC could be increased. The Council's SSC
subsequently recommended these same increases. However, the Council at
that time decided not to change the stock ABC, sector ACLs, or sector
ACTs. In 2020, the Council's SSC accepted a 2020 gray triggerfish
interim analysis, which determined that abundance trends of the Gulf
gray triggerfish stock suggested an increase in biomass that could
support additional harvest and was suitable for providing ABC catch
advice through 2023. The Council accepted the SSC's recommendation for
an increase to the ABC and subsequently approved revised sector ACLs
based on the current allocation, in order to achieve OY consistent with
the requirements of the Magnuson-Stevens Act. The Council's ACL/ACT
control rule was used to set new increased buffers between each
sector's ACL and ACT to reduce the likelihood of overfishing.
Therefore, maintaining the previous catch limits would not serve the
purpose of this rule, which is to achieve OY while reducing the
likelihood of overfishing. The Gulf gray triggerfish stock is not
currently overfished or undergoing overfishing as determined by SEDAR
43, the implementation of Amendment 44 to the FMP (82 FR 61488;
December 28, 2017), and the most recent quarterly report on the status
of the stocks.
Comment 2: The gray triggerfish population is still being
overfished and any increases to the catch limits increases the risks to
the stock and healthy oceans.
Response: NMFS disagrees that the gray triggerfish population is
still overfished. In 2020, the most recent Gulf gray triggerfish
interim analysis index of abundance trends suggested that the gray
triggerfish biomass has increased in recent years. This additional
biomass should support additional removals from the stock as related to
the increases to the commercial and recreational ACLs and ACTs in this
final rule. While the interim analysis was not able to provide a
biomass estimate, the gray triggerfish stock is not considered to be
overfished or undergoing overfishing. As described in the framework
action, the catch limit increases in this final rule are based on the
findings of the interim analysis, which is deemed by the Council's SSC
as suitable for management advice and the use of the Council's ACL/ACT
control rule, and best available science.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with the framework action, the FMP, other provisions of 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 legal basis for this final
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified. In addition, no new reporting and record-keeping
requirements are introduced by this final rule. This final rule
contains no information collection requirements under the Paperwork
Reduction Act of 1995. A description of this final rule, why it is
being considered, and the purposes of this final rule are contained in
the preamble and in the SUMMARY section of 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 during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 622
Annual catch limit, Fisheries, Fishing, Gray triggerfish, Gulf,
Reef fish, Quota.
Dated: June 23, 2021.
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. 622.39, revise paragraph (a)(1)(vi) to read as follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(1) * * *
(vi) Gray triggerfish--88,273 lb (40,040 kg), round weight.
* * * * *
0
3. In Sec. 622.41, revise the last sentence of paragraph (b)(1) and
paragraph (b)(2)(iii) to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(b) * * *
(1) * * * The commercial ACL is 95,949 lb (43,522 kg), round
weight.
(2) * * *
(iii) The recreational ACL for gray triggerfish is 360,951 lb
(163,725 kg), round weight. The recreational ACT for gray triggerfish
is 274,323 lb (124,431 kg), round weight.
* * * * *
[FR Doc. 2021-13807 Filed 6-28-21; 8:45 am]
BILLING CODE 3510-22-P
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