Rule2023-16229
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Resources of the Gulf of Mexico; Commercial Trip Limit for Gray Triggerfish
Primary source
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Published
August 1, 2023
Effective
September 1, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS implements a management measure through this final rule as described in a framework action under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico. This final rule increases the commercial trip limit for gray triggerfish in the Gulf of Mexico from 16 fish to 25 fish. The purpose of this action is to increase the commercial trip limit to allow commercial fishermen the opportunity to harvest the commercial annual catch target of gray triggerfish.
Full Text
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<title>Federal Register, Volume 88 Issue 146 (Tuesday, August 1, 2023)</title>
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[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Rules and Regulations]
[Pages 50063-50065]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16229]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230726-0175]
RIN 0648-BM13
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Resources of the Gulf of Mexico; Commercial Trip Limit for
Gray Triggerfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS implements a management measure through this final rule
as described in a framework action under the Fishery Management Plan
for the Reef Fish Resources of the Gulf of Mexico. This final rule
increases the commercial trip limit for gray triggerfish in the Gulf of
Mexico from 16 fish to 25 fish. The purpose of this action is to
increase the commercial trip limit to allow commercial fishermen the
opportunity to harvest the commercial annual catch target of gray
triggerfish.
DATES: This final rule is effective on September 11, 2023.
ADDRESSES: An electronic copy of the framework document that contains
an environmental assessment and a Regulatory Flexibility Act (RFA)
analysis, and provides the rationale for this final rule, is available
from the Southeast Regional Office website at <a href="https://www.fisheries.noaa.gov/action/modification-gray-triggerfish-commercial-trip-limits">https://www.fisheries.noaa.gov/action/modification-gray-triggerfish-commercial-trip-limits</a>. The proposed rule for this action is available from the
same Southeast Regional Office website or from <a href="http://www.regulations.gov">www.regulations.gov</a> by
searching ``NOAA-NMFS-2023-0044.''
FOR FURTHER INFORMATION CONTACT: Peter Hood, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#6111041504134f090e0e05210f0e00004f060e17"><span class="__cf_email__" data-cfemail="0373667766712d6b6c6c67436d6c62622d646c75">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Gulf of Mexico Fishery Management
Council (Council) manages reef fish in Federal waters of the Gulf of
Mexico (Gulf) under the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (Reef Fish FMP or FMP). The Gulf
Council prepared the Reef Fish 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)
(16 U.S.C. 1801 et seq.).
[[Page 50064]]
On May 5, 2023, NMFS published a proposed rule in the Federal
Register for the framework action and requested public comment (88 FR
29048). The proposed rule and the framework action outline the
rationale for the action contained in this final rule. A summary of the
management measure described in the framework action and implemented by
this final rule is provided below.
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the optimum yield 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.
Gray triggerfish are managed under the Reef Fish FMP, and are
harvested by commercial and recreational fishermen in the Gulf. The
stock was determined to be undergoing overfishing according to the
results of the 2006 Southeast Data, Assessment, and Review (SEDAR) 9
stock assessment. Based on the criteria selected by the Council in
Amendment 30A to the FMP, the gray triggerfish stock was also
considered overfished. Therefore, NMFS implemented a gray triggerfish
rebuilding plan through Amendment 30A, as well as annual catch limits
(ACLs), annual catch targets (ACTs), and accountability measures (73 FR
38139, July 3, 2008). Amendment 30A also established the current
allocation of the stock ACL as 21 percent for the commercial sector and
79 percent for the recreational sector. The 2011 SEDAR 9 Update
Assessment found that gray triggerfish were still overfished and
undergoing overfishing. NMFS published a final temporary rule (77 FR
28308, May 14, 2012) that reduced the commercial and recreational ACLs
and ACTs to end overfishing while the Council developed Amendment 37 to
the FMP. Amendment 37 established a plan for gray triggerfish to
rebuild the stock in 5 years and the implementing final rule reduced
the ACLs and ACTs for gray triggerfish (78 FR 27084, May 9, 2013).
Amendment 37 also established the first commercial trip limit of 12
gray triggerfish to reduce commercial landings. The commercial trip
limit is the amount of the applicable species that may be possessed on
the vessel, or landed, purchased, or sold from a vessel per day (50 CFR
622.43). The Council decided to establish the commercial trip limit in
numbers of fish instead of weight based on recommendations made by the
Council's Law Enforcement Advisory Panel, who advised it would be
difficult to enforce a low poundage limit of fish per trip, e.g., if a
commercial trip limit was set at less than 75 lb (34 kg). All weights
in this final rule are given in round weight.
In 2017, the Council developed Amendment 46 to the Reef Fish FMP in
response to the 2015 SEDAR 43 stock assessment. The assessment
indicated the gray triggerfish stock was not experiencing overfishing,
but was not rebuilt and remained overfished. Amendment 46 specified a
new rebuilding timeline, and revised ACLs and ACTs. Commercial landings
per trip were analyzed to determine the impact of changing the trip
limit because the commercial sector was often harvesting gray
triggerfish below its ACT since the implementation of the 12-fish
commercial trip limit. The analyses supported an increase of the
commercial trip limit to 16 fish to provide a better opportunity for
the commercial sector to catch its ACT while the gray triggerfish stock
continued to rebuild (82 FR 59523, December 15, 2017).
In 2017, the Council also developed Amendment 44 to the Reef Fish
FMP. Amendment 44 reduced the overfished thresholds for gray
triggerfish and six other reef fish species to reduce the likelihood
that stock status changes between overfished and not overfished would
occur frequently as a result of scientific uncertainty or natural
fluctuations in biomass levels (82 FR 61487, December 28, 2017).
Although this action resulted in the determination that gray
triggerfish was no longer overfished, the rebuilding plan remained in
place because the rebuilding target, which is the biomass that produces
maximum sustainable yield, had not been achieved.
In 2020, the Council's Scientific and Statistical Committee (SSC)
reviewed an interim analysis of the gray triggerfish stock conducted by
the NMFS Southeast Fisheries Science Center. The analysis suggested an
increasing biomass trend of the gray triggerfish stock could support a
greater harvest. The Council's SSC determined the interim analysis was
suitable for providing sufficient catch advice to update the acceptable
biological catch (ABC), and the SSC recommended an increase in the ABC.
As a result, the Council increased the ACLs and ACTs consistent with
the ABC increase through a framework action under the Reef Fish FMP.
The final rule, implemented on July 29, 2021, increased the commercial
ACL for gray triggerfish from 64,100 lb (29,075 kg) to 95,949 lb
(43,522 kg) and the commercial ACT increased from 60,900 lb (27,624 kg)
to 88,273 lb (40,040 kg) based on the current sector allocations (86 FR
34159, June 29, 2021).
Since implementation of the 16-fish trip limit in 2018, commercial
landings have been below the commercial ACL and ACT, with the exception
of 2018 when landings reached 100.9 percent of the ACL. Additionally,
since the most recent ACL and ACT increase in 2021, commercial landings
in 2021 and preliminary 2022 commercial landings were 45 and 47
percent, respectively, of the sector's ACL, and 49 and 51 percent,
respectively, of the sector's ACT.
During public testimony at meetings of the Council and the
Council's Reef Fish Advisory Panel, commercial industry stakeholders
indicated that the 16-fish trip limit is still limiting commercial
landings and gray triggerfish are only landed incidentally when
targeting other species. As a result, the commercial industry
stakeholders requested the Council increase the trip limit to reduce
discards when encountering gray triggerfish and allow for increased
harvest of these fish to make it worthwhile to retain them when they
are encountered. Analyses of alternatives increasing the trip limit to
20, 25, and 30 fish indicated that increasing the trip limit is not
expected to result in an early closure of the commercial harvest of
gray triggerfish. The Council selected the 25-fish commercial trip
limit based on the advice of its Reef Fish Advisory Panel, which
advocated for a conservative approach that allows for an increased trip
limit but reduces the likelihood of an in-season closure that may occur
with a higher trip limit.
Management Measure Contained in This Final Rule
This final rule will increase the Gulf gray triggerfish commercial
trip limit from 16 fish to 25 fish. Although projections developed for
the framework action indicated that this trip limit would increase
annual commercial landings of gray triggerfish by 33 percent, the same
projections estimated the commercial season would stay open through
each fishing year, with the exception of the existing seasonal closure
from June 1 through July 31.
Comments and Responses
NMFS received comments from 13 individuals, fishing organizations,
and a seafood dealer on the proposed rule for the framework action.
Nine comments were in support of the proposed rule, three comments were
opposed to the proposed rule, and one comment that
[[Page 50065]]
neither supported or opposed the proposed rule.
A summary of the public comments in opposition to the action
follows, along with NMFS' responses. NMFS made no changes to the action
based on public comment.
Comment 1: The commenter supported this action but also felt that a
commercial trip limit of 28 to 32 gray triggerfish could also work and
still not result in a commercial ACL overage.
Response: The Council considered alternatives to increase the
commercial trip limit to 30 and 40 gray triggerfish during the
development of the framework action, and heard public testimony that
the trip limit should be increased as high as 40 fish. However, the
Council was concerned that if the commercial trip limit was increased
too much from the limit of 16 fish, more commercial fishermen would
begin to harvest gray triggerfish. If enough additional harvest
occurred, the commercial sector would be at an increased risk of an
early season closure, which the Council wanted to avoid. Therefore, the
Council removed the alternative for a 40-fish commercial trip limit
from the framework action and selected a more conservative approach as
its preferred alternative for revising the trip limit. The Council
indicated that an increase to a 25-fish trip limit would allow more
opportunity for the commercial sector to harvest its ACT, but not
exceed its ACL, and maintain the gray triggerfish stock rebuilding
timeline.
Comment 2: Three commenters expressed opposition to an increase in
the commercial ``limit'' or ``commercial harvest'' because there is no
proposed increase for the recreational sector. One commenter asked if
an increase in the commercial trip limit meant there would also be an
increase in the recreational limit.
Response: This final rule is not changing the commercial ACL or ACT
for gray triggerfish. This rule is only increasing the maximum number
of gray triggerfish that commercial fishermen can harvest per trip,
because commercial landings have been below the established commercial
catch limits since 2019. Regarding the request for an increase in the
recreational limit, the problem addressed in this framework action and
proposed rule occurs only in the commercial sector, and the Council did
not address recreational management of gray triggerfish in this action.
Therefore, any adjustment to recreational management measures for gray
triggerfish is outside the scope of this final rule.
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 Reef Fish FMP, 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 rule. No
duplicative, overlapping, or conflicting Federal rules have been
identified. A description of this final rule, why it is being
implemented, and the purpose of this final rule are contained in the
SUMMARY and SUPPLEMENTARY INFORMATION sections 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.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Fish, Fisheries, Gray triggerfish, Gulf of Mexico.
Dated: July 26, 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. 622.43, revise paragraph (b) to read as follows:
Sec. 622.43 Commercial trip limits.
* * * * *
(b) Gray triggerfish--25 fish. The commercial trip limit applies
until the commercial quota specified in Sec. 622.39(a)(1)(vi) is
reached, which is equal to the commercial ACT. See Sec. 622.39(b) for
the limitations regarding gray triggerfish after the commercial quota
is reached.
* * * * *
[FR Doc. 2023-16229 Filed 7-31-23; 8:45 am]
BILLING CODE 3510-22-P
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