Proposed Rule2023-04219
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 54
Primary source
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Published
March 2, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The Gulf of Mexico Fishery Management Council (Council) has submitted Amendment 54 to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico (Gulf) (Amendment 54) for review, approval, and implementation by NMFS. If approved by the Secretary of Commerce, Amendment 54 would revise Gulf greater amberjack sector allocations and catch limits. The purposes of Amendment 54 are to end overfishing of Gulf greater amberjack and to update catch limits to be consistent with the best scientific information available.
Full Text
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<title>Federal Register, Volume 88 Issue 41 (Thursday, March 2, 2023)</title>
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<body><pre>[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Proposed Rules]
[Pages 13077-13079]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04219]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BM00
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Amendment 54
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Announcement of availability of a fishery management plan
amendment; request for comments.
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SUMMARY: The Gulf of Mexico Fishery Management Council (Council) has
submitted Amendment 54 to the Fishery Management Plan (FMP) for the
Reef Fish Resources of the Gulf of Mexico (Gulf) (Amendment 54) for
review, approval, and implementation by NMFS. If approved by the
Secretary of Commerce, Amendment 54 would revise Gulf greater amberjack
sector allocations and catch limits. The purposes of Amendment 54 are
to end overfishing of Gulf greater amberjack and to update catch limits
to be
[[Page 13078]]
consistent with the best scientific information available.
DATES: Written comments on Amendment 54 must be received on or before
May 1, 2023.
ADDRESSES: You may submit comments on Amendment 54 identified by
``NOAA-NMFS-2023-0007'' by either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter ``NOAA-NMFS-2023-0007'', in the Search
box. Click the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
<bullet> Mail: Submit all written comments to Kelli O'Donnell, 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
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address), 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 Amendment 54, which includes an environment
assessment, a fishery impact statement, a Regulatory Flexibility Act
analysis, and a regulatory impact review, may be obtained from the
Southeast Regional Office website at <a href="https://www.fisheries.noaa.gov/action/amendment-54-modifications-greater-amberjack-catch-limits-sector-allocation-and-rebuilding">https://www.fisheries.noaa.gov/action/amendment-54-modifications-greater-amberjack-catch-limits-sector-allocation-and-rebuilding</a>.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, telephone: 727-824-
5305, or email: <a href="/cdn-cgi/l/email-protection#3f745a53535611707b5051515a53537f51505e5e11585049"><span class="__cf_email__" data-cfemail="347f5158585d1a7b705b5a5a515858745a5b55551a535b42">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any FMP or FMP amendment to NMFS
for review and approval, partial approval, or disapproval. The
Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP or
amendment, publish an announcement in the Federal Register notifying
the public that the FMP or amendment is available for review and
comment.
The FMP being revised by Amendment 54 was prepared by the Council
and Amendment 54, if approved, would be implemented by NMFS through
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Act.
All weights in this notice are in round weight.
Background
Under the FMP, the Council manages fishing for Gulf greater
amberjack in Federal waters from the Texas/Mexico border to the
Councils' jurisdictional boundary west of the Dry Tortugas, Florida.
The Gulf greater amberjack stock annual catch limit (ACL) is set equal
to the acceptable biological catch (ABC), and is allocated 27 percent
to the commercial and 73 percent to the recreational sector.
Greater amberjack has been under a rebuilding plan since 2003. This
rebuilding plan was implemented with Secretarial Amendment 2 and was
expected to rebuild the stock by 2010 (68 FR 39898, July 3, 2003). In
2006, Southeast Data Assessment and Review (SEDAR) 9 assessment showed
that the greater amberjack stock was not recovering as previously
projected. The stock continued to be overfished and was experiencing
overfishing. The Council developed Amendment 30A to end overfishing and
rebuild the stock by 2010, consistent with the time frame of the
original rebuilding plan. In 2010, the SEDAR 9 Update was completed and
indicated that the stock remained overfished and was continuing to
experience overfishing. In response, the Council developed Amendment 35
to the FMP (77 FR 67574, December 13, 2012). The management measures
implemented in Amendment 35 were expected to end overfishing; however,
it could not be determined if the stock would meet its rebuilding
schedule until a new benchmark assessment was completed. In 2014, the
SEDAR 33 benchmark stock assessment was completed and showed that
greater amberjack remained overfished, was experiencing overfishing as
of 2012, and did not meet the rebuilding timeline established in
Secretarial Amendment 2. In 2015, the Council developed a framework
action that further reduced the sector ACLs and ACTs in an effort to
end overfishing and rebuild the stock by the end of 2019 (80 FR 75432,
December 2, 2015). In 2016, the SEDAR 33 Update assessment was
completed and showed that greater amberjack was still overfished and
undergoing overfishing as of 2015 and the stock would not be rebuilt by
2019 as previously projected. In 2017, NMFS notified that Council that
the stock was not making adequate progress towards rebuilding and the
Council developed a framework action to modify the rebuilding time and
the catch levels. The framework action, which was implemented in 2018,
reduced the sector ACLs and ACTs in an effort to end overfishing and
rebuild the stock by 2027 (82 FR 61485, December 28, 2017). In 2020,
SEDAR 70 was completed and indicated that the Gulf greater amberjack
stock continued to be overfished and undergoing overfishing, but could
rebuild by 2027 with reduced yields. NMFS notified that Council that
the stock was not making adequate progress towards rebuilding in 2021
and the Council began work on Amendment 54 to revise the greater
amberjack catch limits to end overfishing and meet the 2027 rebuilding
timeline.
The current commercial and recreational allocation of the Gulf
greater amberjack stock ACL (73 percent recreational; 27 percent
commercial) is based on average landings from 1981-2004 (73 FR 38139,
July 3, 2008). Recreational landings estimates during 1981-2004 were
generated using the Marine Recreational Fisheries Statistics Survey
(MRFSS), the predecessor of the current Marine Recreational Information
Program (MRIP). The current overfishing limit (OFL) and ABC are
2,167,000 lb (982,935 kg) and 1,794,000 lb (813,745 kg), respectively.
These catch limits are based on the results of the SEDAR 33 Update
stock assessment, which included recreational landings estimates
generated using the MRIP Coastal Household Survey (CHTS). MRIP replaced
CHTS with the Fishing Effort Survey (FES) in 2018. As explained in
Amendment 54, total recreational fishing effort estimates generated
from MRIP-FES are generally higher than both the MRFSS and MRIP-CHTS
estimates because MRIP-FES is designed to more accurately measure
fishing effort. Had MRIP-FES data been available when the current Gulf
greater amberjack OFL and ABC were established, the OFL would have been
3,480,000 lb (1,578,501 kg) and the ABC would have been 2,930,000
(1,329,026 kg).
The current commercial and recreational sector ACLs are 484,380 lb
(219,711 kg) and 1,309,620 lb (594,034 kg), respectively. The current
commercial and recreational ACTs are 421,411 lb (191,149 kg) and
1,086,985 lb (493,048 kg), respectively. These ACLs and ACTs were
implemented through a framework action to the FMP in 2018 (82 FR 61485,
December 28, 2017) and are based in part on MRIP-CHTS data. To
establish the ACTs the Council used
[[Page 13079]]
its ACL/ACT Control Rule, which looked at multiple factors for fishing
years 2013 to 2016 to determine the appropriate buffer between the ACLs
and ACTs. The current commercial ACT buffer is 13 percent below the
commercial ACL. The current recreational ACT buffer is 17 percent below
the recreational ACL.
The SEDAR 70 assessment included updated recreational landings
estimates based on MRIP-FES. In January 2021, the Council's SSC
reviewed SEDAR 70 and recommended new catch levels that would end
overfishing of Gulf greater amberjack under the current allocation, on
the current rebuilding timeline, and allow harvest to increase over
time. However, because these catch recommendations assumed status quo
sector allocation, the Council requested that the SEFSC provide
alternative catch level projections based on sector allocation
alternatives that used MRIP-FES data and several different time series:
the same time series used in Amendment 30A (1981-2004); a time series
that begins when commercial greater amberjack landings were identified
by species and ends prior to the implementation of the current sector
allocations, sector catch limits, and AMs (1993-2007); and a time
series that begins when commercial greater amberjack landings were
identified by species and ends with the most recent data available at
the time the alternatives were developed (1993-2019). All of the
resulting catch limits represent a substantial reduction in the
allowable harvest when compared to the current OFL and ABC.
Actions Contained in Amendment 54
For Gulf greater amberjack, Amendment 54 would revise the OFL, ABC,
sector allocations, and sector ACLs and ACTs. As explained above, the
current catch limits were derived in part using MRIP-CHTS data and the
proposed catch limits were derived in part using MRIP-FES data.
OFL and ABC
As previously explained, the current OFL and ABC for Gulf greater
amberjack of 2,167,000 lb (982,935 kg) and 1,794,000 lb (813,745 kg),
respectively. The catch levels recommended by the SSC would increase
the allowable harvest each year through the end of the rebuilding plan
in 2027. However, the Council determined that because the greater
amberjack stock has not rebuilt as expected under the current and
previous rebuilding plans a more cautious approach is necessary.
Therefore, Amendment 54 would specify a constant catch OFL and ABC. The
new OFL would be 2,033,000 lb (922,153 kg). The new ABC would be
505,000 lb (229,064 kg).
ACLs and Sector Allocations
The current sector allocation of the stock ACL (equal to the ABC)
is 27 percent to the commercial sector and 73 percent to the
recreational sector. The current ACLs for Gulf greater amberjack are
484,380 lb (219,711 kg) for the commercial sector and 1,309,620 lb
(594,034 kg) for the recreational sector.
The Council considered several sector allocation alternatives:
maintaining the current allocation percentages, and using the various
time series reviewed by the SSC to adjust the allocation to reflect the
most recent understanding of historical landings. The Council
recognized that all of these alternatives are reasonably calculated to
promote conservation of the greater amberjack stock because they would
modify the allowable harvest consistent with the result of SEDAR 70 and
the SSC's recommendations, which is expected to allow the stock to
rebuild by 2027. In considering the fairness and equity of the
allocation alternatives, the Council recognized that maintaining the
current percentages would disproportionally impact on the recreational
sector given the transition to MRIP-FES and that maintaining the
current time series updated with MRIP-FES data would disproportionally
impact the commercial sector by failing to account for the fact that
commercial landing of greater amberjack prior to 1993 may not have been
properly identified. The Council decided to adjust the allocation using
the 1993-2019 time series because this represents the longest time
series during which commercial greater amberjack landings have been
identified by species. Therefore, Amendment 54 would revise the Gulf
greater amberjack sector allocation to 20 percent commercial and 80
percent recreational, and set the commercial ACL at 101,000 lb (45,813
kg) and the recreational ACL at 404,000 lb (183,251 kg).
ACTs
The current ACTs are 421,411 (191,149 kg) for the commercial sector
(13 percent buffer) and 1,086,985 lb (493,048 kg) for the recreational
sector (17 percent buffer). Amendment 54 would update the calculation
for determining the ACTs using the Council's ACL/ACT Control Rule for
years 2016-2019. Under this control rule, the calculated ACT buffer
commercial sector buffer is reduced to 7 percent and the buffer for the
recreational sector remains at 17 percent. The proposed commercial ACT
is 93,930 lb (42,606 kg) and the proposed recreational ACT is 335,320
lb (152,099 kg).
Proposed Rule for Amendment 54
A proposed rule to implement Amendment 54 has been drafted. In
accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule to determine whether it is consistent with the FMP, the
Magnuson-Stevens Act, and other applicable laws If that determination
is affirmative, NMFS will publish the proposed rule in the Federal
Register for public review and comment.
Consideration of Public Comments
The Council has submitted Amendment 54 for Secretarial review,
approval, and implementation. Comments on Amendment 54 must be received
by May 1, 2023. Comments received during the respective comment
periods, whether specifically directed to Amendment 54 or the proposed
rule will be considered by NMFS in the decision to approve, disapprove,
or partially approve Amendment 54. All comments received by NMFS on the
amendment or the proposed rule during their respective comment periods
will be addressed in the final rule.
(Authority: 16 U.S.C. 1801 et seq.)
Dated: February 24, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2023-04219 Filed 3-1-23; 8:45 am]
BILLING CODE 3510-22-P
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