Rule2023-08707
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Vermilion Snapper Harvest Levels
Primary source
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Published
April 25, 2023
Effective
May 25, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues regulations to implement management measures described in a framework action under 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 revises the annual catch limit (ACL) for vermilion snapper in the Gulf of Mexico (Gulf). The purpose of this final rule is to prevent overfishing of Gulf vermilion snapper and to achieve optimum yield (OY).
Full Text
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<title>Federal Register, Volume 88 Issue 79 (Tuesday, April 25, 2023)</title>
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[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Rules and Regulations]
[Pages 24921-24923]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08707]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230420-0107]
RIN 0648-BL29
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Vermilion Snapper Harvest
Levels
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 under 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
revises the annual catch limit (ACL) for vermilion snapper in the Gulf
of Mexico (Gulf). The purpose of this final rule is to prevent
overfishing of Gulf vermilion snapper and to achieve optimum yield
(OY).
DATES: This final rule is effective May 25, 2023.
ADDRESSES: Electronic copies of the framework action, which includes an
environmental assessment, a fishery impact statement, a Regulatory
Flexibility Act (RFA) analysis, and a regulatory impact review, may be
obtained from the Southeast Regional Office website at <a href="https://www.fisheries.noaa.gov/action/modification-gulf-mexico-vermilion-snapper-overfishing-limit-acceptable-biological-catch-and?check_logged_in=1">https://www.fisheries.noaa.gov/action/modification-gulf-mexico-vermilion-snapper-overfishing-limit-acceptable-biological-catch-and?check_logged_in=1</a>.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, Southeast Regional
Office, NMFS, telephone: 727-824-5305; email: <a href="/cdn-cgi/l/email-protection#81f3e8e2e9afece0ede8efeef6f2eae8c1efeee0e0afe6eef7"><span class="__cf_email__" data-cfemail="2a5843494204474b464344455d5941436a44454b4b044d455c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef
fish fishery, which includes vermilion snapper, under the FMP. The
Council
[[Page 24922]]
prepared the FMP and NMFS implements the FMP through regulations at 50
CFR part 622 under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
Background
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.
On December 6, 2022, NMFS published a proposed rule for the
framework action and requested public comment (87 FR 74588). The
proposed rule and the framework action outline the rationale for the
actions contained in this final rule. A summary of the management
measures described in the framework action and implemented by this
final rule is described below.
All weights described in this final rule are in round weight.
The current catch limits were specified in Amendment 47 to the FMP
(83 FR 22210, May 14, 2018) and are based on the results of the 2016
Southeast Data Assessment Review (SEDAR) stock assessment (SEDAR 45),
and the recommendations of the Council's Scientific and Statistical
Committee (SSC). The SSC recommended a declining overfishing limit
(OFL) and the OFL for 2021 and beyond specified in Amendment 47 is
3,490,000 lb (1,623,861 kg). The SSC also provided two recommendations
for the acceptable biological catch (ABC): one derived from fishing at
75 percent of the MSY proxy, which declined from 2017 through 2021, and
one derived using the average of the 2017-2021 ABCs, which resulted in
a constant ABC. The Council chose to adopt the constant catch ABC of
3,110,000 lb (1,410,672 kg), and set the annual catch limit (ACL) equal
to the ABC. Vermilion snapper annual landings have been less than this
ACL since the implementation of the stock ACL in 2012, with the
exception of 2018 when it was exceeded by 3 percent.
In 2020, a new assessment (SEDAR 67) was completed for vermilion
snapper using data through the 2017 fishing year. The SEDAR 67 results
indicate the stock is not overfished and not experiencing overfishing.
SEDAR 67 included new data sources, including historical recreational
catch and effort data adjusted to be consistent with the Marine
Recreational Information Program (MRIP) Fishing Effort Survey (FES).
MRIP transitioned from the legacy Coastal Household Telephone Survey
(CHTS) to the new FES mail survey. The FES was launched in 2015, and
replaced the CHTS in 2018. Both survey methods collect data needed to
estimate marine recreational fishing effort by private anglers on the
Atlantic and Gulf coasts. The CHTS used random-digit dialing of homes
in coastal counties to contact fishermen. The new mail-based FES uses
fishing license and registration information as one way to identify and
contact fishermen (supplemented with data from the U.S. Postal
Service). MRIP-FES landings estimates are generally greater than those
generated by MRIP-CHTS and NMFS developed a calibration model to allow
estimates produced by either survey to be adjusted and be consistent
with the estimates produced by the other survey.
To determine how the inclusion of FES-adjusted landings estimates
in SEDAR 67 impacted the catch projections for vermilion snapper, the
previously accepted assessment model used in SEDAR 45 was updated using
the FES data. The same 5-year (2017-2021) average used to set the
current ABC was applied to the revised SEDAR 45 projections. This
resulted in an FES-based OFL estimate of 6,760,000 lb (3,066,284 kg),
which is almost double the current OFL of 3,490,000 lb (1,623,861 kg).
Thus, using FES landings estimates in the SEDAR 45 model indicate that
the OFL would have been much higher had FES data been available at the
time the previous assessment was completed.
The SSC reviewed SEDAR 67, agreed that vermilion snapper is not
overfished or undergoing overfishing, and reviewed the SEDAR 67
projections. Due to the uncertainty in the SEDAR 67 assessment and
recent recruitment, the SSC determined that the catch levels should be
based on the average of the projections from 2021-2025, and recommended
an increase in the OFL to 8,600,000 lb (3,900,894 kg) and an increase
in the ABC to 7,270,000 lb (3,297,617 kg).
The Council's Reef Fish Advisory Panel (AP) reviewed the SSC
recommendations and expressed concerns about setting the ACL equal to
the ABC, noting that recent landings have been relatively low. Using
MRIP-FES estimates, recreational landings from 2012 through 2020 have
generally been below 4,000,000 lb (1,814,369 kg), with the highest
landings occurring in 2018 at approximately 4,380,000 lb (1,986,735
kg). The AP recommended that the stock ACL be set at 75 percent of the
ABC and the Council agreed with the AP's recommendation. Based on the
recommendations from the SSC and the AP, the Council chose to update
the catch limits and approved the framework action at its January 2022
meeting.
Management Measures Contained in This Final Rule
This final rule revises the ACL for the Gulf vermilion snapper
stock. The current stock ACL for Gulf vermilion snapper is 3.11 million
lb (1.41 million kg), is equal to the ABC, and is based on the results
of SEDAR 45, which used data from MRIP-CHTS. This final rule increases
the total ACL for Gulf vermilion snapper from 3.11 million lb (1.41
million kg) to 5,452,500 lb (2,473,212 kg). The revised ACL is based on
SEDAR 67, which used MRIP-FES recreational landing estimates and is
equal to 75 percent of the ABC.
Comments and Responses
NMFS received a total of three comments on the proposed rule for
the framework action. One comment was not related to the proposed rule
or the framework action and suggested recreational bag limit changes
for Gulf lane snapper. That comment is not addressed further in this
final rule. Specific comments related to the proposed rule and the
framework action are grouped as appropriate and responded to below.
Comment 1: The proposed increase to the stock ACL is too high. A
better approach would be to increase the ACL gradually over several
years while monitoring the ACL to prevent overfishing.
Response: NMFS does not agree that the increase to the stock ACL is
too high. Vermilion snapper is not overfished or undergoing
overfishing. Further, although the new stock ACL of 5,452,500 lb
(2,473,212 kg) is 57 percent greater than the previous ACL of 3.11
million lb (1.41 million kg), the new ACL takes into account scientific
and management uncertainty, as well as the change from MRIP-CHTS to
MRIP-FES to estimate recreational landings. The Council's SSC
recommended an OFL of 8,600,000 lb (3,900,894 kg), which is well above
the SSC's ABC recommendation of 7,270,000 lb (3,297,617 kg). This
buffer between the OFL and the ABC accounts for scientific uncertainty
and reduces the likelihood of overfishing. The Council accounted for
management uncertainty and further reduced the likelihood of
overfishing by setting the stock ACL 25 percent below
[[Page 24923]]
the ABC. Under the current accountability measures, NMFS monitors
landings and prohibits harvest of vermilion snapper if the combined
commercial and recreational landings reach, or are projected to reach,
the stock ACL. In addition, harvest projections from SEDAR 67 used
MRIP-FES recreational landings estimates rather than MRIP-CHTS, as used
in SEDAR 45. As discussed above, if MRIP-FES landing estimates had been
used in SEDAR 45 the current OFL would have been 6,760,000 lb
(3,066,284 kg), which is almost double the current OFL of 3,490,000.
Comment 2: Although the vermilion snapper stock assessment
supported a significant increase in the catch levels, the terminal year
of data used in the assessment was 2017 and recent observations by
fishermen indicate that the current stock may not be able to support
this increase. The large increase in the stock ACL could also shift
more effort to vermilion snapper, jeopardizing the health of the stock.
Response: NMFS understands the concern about the time it takes to
conduct a stock assessment and then use that information for management
changes. However, both the SEDAR stock assessment and the Council
process are structured to allow the opportunity for scientific,
management, and public review and comment. These assessment reviews
often take several meetings to complete. The most recent stock
assessment for vermilion snapper was completed in 2020 (SEDAR 67), and
involved several webinars, including 3 data review webinars. A draft
assessment report was then reviewed and edited by the assessment panel
prior to submission to the Council. The Council's SSC and the Council
reviewed the assessment in June 2020, and the Council then began the
process of updating management based in the results of the assessment.
In determining the appropriate catch limits, the Council considered
the input of fishermen through their Reef Fish AP and public testimony.
The Council's Reef Fish AP recommended that the stock ACL for be set at
75 percent of the ABC based on recorded vermilion snapper landings,
which have been relatively low when compared to the new ABC, and
concern regarding the status of the stock and harvest levels. The AP
also noted that while exceptionally high vermilion snapper recruitment
was recorded in recent years, the stock may not be able to sustain the
ACL increases considered in the framework action. The majority of
public comments provided during the January 2022 Council meeting
supported the ACL recommended by the AP. The Council concurred with the
Reef Fish AP and the majority of public comments and selected a more
conservative stock ACL to provide more protection to the vermilion
snapper stock.
NMFS agrees that the increase in the vermilion snapper stock ACL
could cause effort to shift from other reef fish species to vermilion
snapper. However, given the multi-species nature of the reef fish
fishery and the availability of other species to harvest throughout the
year, as well as the magnitude of historical landings, it is unlikely
that a shift in effort would be significant enough to result in
landings exceeding the new ACL. As explained in the response to Comment
1, the Council set the new ACL at a conservative level to help ensure
that the increase in allowable harvest would not risk the health of the
stock.
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 law.
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, record-keeping, or
other compliance 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 act
analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 622
Annual catch limits, Fisheries, Fishing, Gulf, Reef fish, Vermilion
snapper.
Dated: April 20, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
622 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. 622.41, revise the last sentence of paragraph (j) to read
as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(j) * * * The stock ACL for vermilion snapper is 5,452,500 lb
(2,473,212 kg), round weight.
* * * * *
[FR Doc. 2023-08707 Filed 4-24-23; 8:45 am]
BILLING CODE 3510-22-P
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