Rule2022-27353
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack Management Measures
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Published
December 19, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues this temporary rule to extend the expiration date of emergency measures implemented for the greater amberjack stock in the Gulf of Mexico (Gulf). As requested by the Gulf of Mexico Fishery Management Council (Council), NMFS published a temporary rule for emergency action on July 25, 2022, to modify the greater amberjack recreational fixed closed season for the 2022-2023 fishing year in the Gulf exclusive economic zone (EEZ) to be August 1 through 31, 2022, and November 1, 2022, through July 31, 2023 (open September 1, 2022, through October 31, 2022). The purpose of this rulemaking is to extend the measures implemented in the emergency action while the Council develops long term management measures to reduce overfishing of Gulf greater amberjack.
Full Text
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<title>Federal Register, Volume 87 Issue 242 (Monday, December 19, 2022)</title>
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[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Rules and Regulations]
[Pages 77526-77528]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27353]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 220720-0159]
RIN 0648-BL63
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency action extended.
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SUMMARY: NMFS issues this temporary rule to extend the expiration date
of emergency measures implemented for the greater amberjack stock in
the Gulf of Mexico (Gulf). As requested by the Gulf of Mexico Fishery
Management Council (Council), NMFS published a temporary rule for
emergency action on July 25, 2022, to modify the greater amberjack
recreational fixed closed season for the 2022-2023 fishing year in the
Gulf exclusive economic zone (EEZ) to be August 1 through 31, 2022, and
November 1, 2022, through July 31, 2023 (open September 1, 2022,
through
[[Page 77527]]
October 31, 2022). The purpose of this rulemaking is to extend the
measures implemented in the emergency action while the Council develops
long term management measures to reduce overfishing of Gulf greater
amberjack.
DATES: The expiration date for the temporary rule published at 87 FR
44027, July 25, 2022 is extended from January 23, 2023, through July
28, 2023, unless NMFS publishes a superseding document in the Federal
Register.
ADDRESSES: Electronic copies of the documents in support of this
temporary rule may be obtained from the NMFS Southeast Regional Office
website at: <a href="https://www.fisheries.noaa.gov/action/emergency-action-modification-greater-amberjack-recreational-fixed-closed-season">https://www.fisheries.noaa.gov/action/emergency-action-modification-greater-amberjack-recreational-fixed-closed-season</a>.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, telephone: 727-824-
5305 or email: <a href="/cdn-cgi/l/email-protection#3a715f56565314757e5554545f56567a54555b5b145d554c"><span class="__cf_email__" data-cfemail="eea58b828287c0a1aa8180808b8282ae80818f8fc0898198">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf is managed
under the Fishery Management Plan for the Reef Fish Resources of the
Gulf of Mexico (FMP). The FMP was prepared by the Council and is
implemented through regulations at 50 CFR part 622 under the authority
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act). The Magnuson-Stevens Act provides the legal
authority for the promulgation of emergency regulations under section
305(c) (16 U.S.C. 1855(c)).
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the optimum yield (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. To further this goal, the Magnuson-
Stevens Act requires fishery managers to end overfishing and rebuild
overfished stocks. At its June 2022 meeting, in accordance with Section
305(c)(3) of the Magnuson-Stevens Act, the Council requested NMFS
promulgate an emergency regulation to protect the greater amberjack
resource, due to recently discovered circumstances which present
serious conservation issues to the stock. NMFS promulgated that rule in
July 2022, effective through January 23, 2023, and is now extending the
effective date for an additional 186 days (87 FR 44027, July 25, 2022).
All weights provided in this temporary rule, unless otherwise
noted, are given in round weight.
Current Status of Greater Amberjack Stock and Council Emergency Action
Request
Greater amberjack has been under a rebuilding plan since 2003. In
October 2020, a Southeast Data, Assessment, and Review (SEDAR)
assessment (SEDAR 70) was completed and showed that the greater
amberjack stock is still overfished and has been undergoing overfishing
almost continuously since 1980. NMFS informed the Council of these
determinations in a letter dated April 7, 2021. The Magnuson-Stevens
Act specifies that the Council must prepare and implement measures to
end overfishing and rebuild the stock within 2 years of this
notification. At its October 2022 meeting, the Council approved
Amendment 54 to the FMP, which would significantly reduce the greater
amberjack catch limits consistent with the results of SEDAR 70 and the
recommendation of the Council's Scientific and Statistical Committee
(SSC).
The Council's SSC reviewed the SEDAR 70 results at its January 2021
meeting, accepted the assessment as the best scientific information
available, and agreed that greater amberjack was still overfished and
undergoing overfishing. The SSC provided recommendations for a reduced
overfishing limit (OFL) and acceptable biological catch (ABC) so that
the stock could rebuild by 2027, the current target rebuilding time.
The Council discussed the SSC's recommendations at its January 2021
meeting and instructed staff to begin work on an FMP amendment
(Amendment 54) to update the rebuilding plan and end overfishing of
greater amberjack.
The SSC provided updated catch level recommendations in November
2021. When the Council reviewed more detailed alternative catch level
projections in April 2022, it became clear that because the
recreational fishing year occurs over 2 calendar years and the reduced
catch levels in Amendment 54 would not be implemented until the later
part of the fishing year, more immediate action might be necessary to
constrain recreational harvest while the Council works to finalize the
new catch limits. Therefore, in June 2022, the Council reviewed options
to modify the recreational fixed closed season to help constrain
harvest to the reduced catch levels under consideration in Amendment
54.
At that time, recreational harvest of greater amberjack was closed
from November through April and June through July. This means that
harvest was allowed during the months of August through October, and
the month of May. The Council requested that NMFS modify the fixed
closed season for the 2022-2023 fishing year so that harvest is allowed
only during the months of September and October in 2022. NMFS received
the Council request in a letter dated July 5, 2022, and implemented the
emergency regulation on July 25, 2022, consistent with the Council
request (87 FR 44027, July 25, 2022). That rule is currently effective
through January 23, 2023. NMFS is extending the effective date of that
rule to prohibit harvest in May 2023 as requested by the Council and to
allow NMFS sufficient time to review, and if approved, implement
Amendment 54.
Comments and Responses
Section 305(c)(3)(B) of the Magnuson-Stevens Act allows NMFS to
extend the effective date of an emergency regulation if the public is
provided the opportunity to comment on the emergency regulation and the
Council is actively preparing a plan amendment to address the emergency
on a permanent basis. NMFS solicited public comment in the July 25,
2022, temporary rule, noting that the rule could be extended for an
additional 186 days.
NMFS received five comments on the temporary rule for emergency
action for Gulf greater amberjack. In general, the comments were
opposed to the change to the recreational fishing season implemented in
the temporary rule and stated other measures could be taken or that no
action was necessary. Some comments suggested changes to management
measures that are outside the scope of the temporary rule, such as
implementing a tag program for non-residents, and are therefore not
addressed further. Specific comments related to the emergency action
are grouped by topic and summarized below, followed by NMFS' respective
responses.
Comment 1: The data used to project greater amberjack recreational
landings are flawed.
Response: NMFS used the best scientific information available to
project when Gulf greater amberjack landings would reach the reduced
recreational catch limits under consideration in Amendment 54. NMFS
determined that recreational landings in recent years would be the best
predictor of future landings. Therefore, NMFS used recreational
landings data for the 2019-2020, 2020-2021, and 2021-2022
[[Page 77528]]
fishing years that were generated by the Marine Recreational
Information Program, the Texas Parks and Wildlife Department Creel
Survey, the Louisiana Creel survey, and the NMFS Headboat Survey. The
NMFS Southeast Fisheries Science Center and Southeast Regional Office
reviewed these data and made applicable adjustments to recreational
landings projections consistent with established protocols. To predict
recreational landings in August, September, and October of 2022, NMFS
used a 3-year average of monthly landings from 2019, 2020, and 2021. To
predict recreational landings for May of 2023, NMFS used a 2-year
average of 2020 and 2021 May landings because the recreational sector
was closed in May 2019 and the May 2022 recreational landings were not
available at the time of the analysis. The Council used these
projections to determine how best to modify the recreational fixed
closed and chose the alternative that provides the greatest number of
days without exceeding the expected reduced recreational catch limit.
Comment 2: NMFS should implement a one fish per vessel recreational
limit instead of changing the greater amberjack recreational fixed
closed season.
Response: The Council did not request, and NMFS did not consider
implementing a recreational vessel limit to reduce recreational
landings. Previous analysis conducted for Amendment 35 to the FMP
indicated that a one fish per vessel limit would not have achieved the
harvest reduction needed to avoid an overage of the recreational catch
limits proposed under Amendment 54. Further, when recreational vessel
limits, in general, have been considered in the past there has been
little support from the Council and constituents. Therefore, NMFS
implemented the revised recreational fixed closed season, which was
supported by the Council and projected to meet the needed harvest
reductions.
Comment 3: The greater amberjack commercial sector should be closed
in addition to the recreational sector.
Response: NMFS disagrees that it is necessary to close the
commercial sector. The commercial sector already has a fixed closed
season in effect for the months of March, April, and May, and has
projected that harvest by the commercial sector in January and February
of 2023 would not exceed any of the proposed reduced commercial catch
limits under consideration in Amendment 54. Further, the commercial
sector has a trip limit reduction after 75 percent of the commercial
quota is caught. Therefore, the Council did not include in its
emergency action request to NMFS actions related to the greater
amberjack commercial sector.
Classification
This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Act, 16 U.S.C. 1855(c). The Assistant Administrator (AA) for
Fisheries, NOAA has determined that this emergency action is consistent
with the Magnuson-Stevens Act, the FMP, and other applicable law. This
action is being taken pursuant to the emergency provisions of the
Magnuson-Stevens Act and is exempt from Office of Management and Budget
review.
This temporary rule for emergency action contains no information
collection requirements under the Paperwork Reduction Act of 1995.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553 or any other law, the analytical
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.
are inapplicable. Accordingly, no Regulatory Flexibility Analysis is
required and none has been prepared.
NMFS prepared an environmental assessment (EA) for the emergency
measures contained in the July 25, 2022 (87 FR 44027, July 25, 2022)
temporary rule. The EA analyzed the impacts of recreational seasonal
closure, which includes the impacts related to extending the emergency
measures. Therefore, the impacts of extending the emergency measures
through this temporary rule have already been considered. Electronic
copies of the EA are available from NMFS (see ADDRESSES).
This temporary rule extension responds to the best scientific
information available. The AA finds good cause to waive the
requirements to provide prior notice and opportunity for public
comment, pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as
such procedures for this temporary rule extension are unnecessary and
contrary the public interest. Such procedures are unnecessary because
NMFS already published the temporary rule on July 25, 2022, and
requested public comment on the emergency regulation, including the
potential extension. NMFS responds to the public comments in this
temporary rule, which extends the same emergency regulation for an
additional 186 days. An opportunity for additional public comment would
be contrary to the public interest because it would result in this
temporary rule not being effective before the current emergency
regulations expire, which would prevent NMFS from implementing this
extension. Without the extension of the emergency regulation,
recreational fishing would be allowed in May 2023 and could result in a
significant overage of the greater amberjack recreational ACL approved
by the Council in Amendment 54. This possible overharvest could result
in a complete closure of greater amberjack to the recreational sector
in the 2023-2024 fishing year and could negatively impact the revised
rebuilding plan developed in Amendment 54.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 13, 2022.
Andrew James Strelcheck,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2022-27353 Filed 12-16-22; 8:45 am]
BILLING CODE 3510-22-P
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