Proposed Rule2023-24539
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Resources of the Gulf of Mexico; Amendment 56
Primary source
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Published
November 9, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes to implement management measures described in Amendment 56 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). If implemented for gag in the Gulf of Mexico (Gulf), this proposed rule would revise catch levels, recreational accountability measures (AMs), and the recreational fishing season. In addition, Amendment 56 would establish a rebuilding plan for the overfished stock, revise stock status determination criteria, and sector harvest allocations. The purpose of this action is to implement a rebuilding plan for gag and revised management measures to end overfishing and rebuild the stock.
Full Text
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<title>Federal Register, Volume 88 Issue 216 (Thursday, November 9, 2023)</title>
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[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Proposed Rules]
[Pages 77246-77256]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24539]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 231101-0258]
RIN 0648-BM46
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Resources of the Gulf of Mexico; Amendment 56
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to implement management measures described in
Amendment 56 to the Fishery Management Plan for the Reef Fish Resources
of the Gulf of Mexico (FMP) as prepared by the Gulf of Mexico
[[Page 77247]]
Fishery Management Council (Council). If implemented for gag in the
Gulf of Mexico (Gulf), this proposed rule would revise catch levels,
recreational accountability measures (AMs), and the recreational
fishing season. In addition, Amendment 56 would establish a rebuilding
plan for the overfished stock, revise stock status determination
criteria, and sector harvest allocations. The purpose of this action is
to implement a rebuilding plan for gag and revised management measures
to end overfishing and rebuild the stock.
DATES: Written comments on this proposed rule must be received no later
than December 11, 2023.
ADDRESSES: You may submit comments on the proposed rule identified by
``NOAA-NMFS-2023-0103'' 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-2023-0103'' 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 Dan Luers, 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="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information, e.g., name and 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 required fields if you wish to remain anonymous.
An electronic copy of Amendment 56, 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/amendment-56-modifications-catch-limits-sector-allocation-and-recreational-fishing-seasons">https://www.fisheries.noaa.gov/action/amendment-56-modifications-catch-limits-sector-allocation-and-recreational-fishing-seasons</a>.
FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional
Office, telephone: 727-824-5305, or email: <a href="/cdn-cgi/l/email-protection#670306090e020b490b12021514270908060649000811"><span class="__cf_email__" data-cfemail="98fcf9f6f1fdf4b6f4edfdeaebd8f6f7f9f9b6fff7ee">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS, with the advice of the Council,
manages the reef fish fishery, which includes gag, under the FMP in
Federal waters of the Gulf. The Council prepared the FMP, which the
Secretary of Commerce approved, 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 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.
All weights in this proposed rule are given in gutted weight unless
indicated otherwise.
Gag in the Gulf exclusive economic zone (EEZ) are found primarily
in the eastern Gulf. Juvenile gag are estuarine dependent and are often
found in shallow seagrass beds. As gag mature, they move to deeper
offshore waters to live and spawn. Gag is managed as a single stock
with commercial and recreational catch limits. The allocation of the
stock annual catch limit (ACL) between the commercial and recreational
sectors established by Amendment 30B to the FMP is currently 39 percent
commercial and 61 percent recreational.
Commercial fishing for gag is managed under the individual fishing
quota (IFQ) program for groupers and tilefishes (GT-IFQ program), which
began January 1, 2010, upon implementation of the final rule for
Amendment 29 to the FMP (74 FR 44732, August 31, 2009; 75 FR 9116,
March 1, 2010). Under the GT-IFQ program, the commercial quota for gag
is set 23 percent below the gag commercial ACL, and NMFS distributes
allocation (in pounds) of gag on January 1 each year to those who hold
shares (in percent) of the gag total commercial quota. Both gag and red
grouper, another grouper species managed under the GT-IFQ program, have
a commercial multi-use provision that allows a portion of the gag quota
to be harvested under the red grouper allocation, and vice versa. As
explained further in Amendment 56, the multi-use provision is based on
the difference between the respective red grouper and gag ACLs and
quotas. However, if gag is under a rebuilding plan, as would occur
under Amendment 56 and this proposed rule, the percentage of red
grouper multi-use allocation is equal to zero. Commercial harvest of
gag is also restricted by area closures and a minimum size limit.
NMFS, with the advice of the Council, manages the recreational
harvest of gag with an ACL, an annual catch target (ACT) set
approximately 10 percent below the ACL, in-season and post-season AMs,
seasonal and area closures, a minimum size limit, and daily bag and
possession limits.
The most recent stock assessment for gag was completed in 2021
through Southeast Data, Assessment, and Review 72 (SEDAR 72), and
concluded that the gag stock is overfished is undergoing overfishing as
of 2019. Compared to the previous assessment for gag, SEDAR 72 used
several improved data sources, including corrections for the potential
misidentification between black grouper and gag, which are similar
looking species, to better quantify estimates of commercial discards.
SEDAR 72 also used updated recreational catch and effort data from the
Marine Recreational Information Program (MRIP) Access Point Angler
Intercept Survey and Fishing Effort Survey (FES) through 2019. MRIP-FES
replaced the MRIP Coastal Household Telephone Survey (CHTS) in 2018.
Prior to the implementation of MRIP in 2008, recreational landings
estimates were generated using the Marine Recreational Fisheries
Statistics Survey (MRFSS). Because MRIP-FES is designed to more
accurately measure fishing activity, total recreational fishing effort
estimates generated from MRIP-FES are generally higher than both the
MRFSS and MRIP-CHTS estimates. Prior to SEDAR 72, the most recent stock
assessment for gag was SEDAR 33 Update (2016), which indicated that gag
was not subject to overfishing and was not overfished. The SEDAR 33
Update used recreational catch and effort data generated by MRIP-CHTS.
SEDAR 72 also accounted for observations of red tide mortality
directly within the stock assessment model. Gag is vulnerable to red
tide events and was negatively affected by these disturbances in 2005,
2014, 2018, and projected for 2021. Modeling changes were also made in
SEDAR 72 to improve size estimates of gag retained by commercial and
for-hire (charter vessels and headboats) fishermen, and private
anglers.
The Council's Scientific and Statistical Committee (SSC) reviewed
the results of SEDAR 72 in November 2021 and concluded that the
assessment was consistent with the best scientific information
available and suitable for
[[Page 77248]]
informing fisheries management. On January 26, 2022, NMFS notified the
Council that gag was overfished and undergoing overfishing. The
Magnuson-Stevens Act requires that a rebuilding plan be developed and
implemented within 2 years of the notification. The Council developed
Amendment 56 to comply with this mandate.
At its January 2022 meeting, the Council requested that the NMFS
Southeast Fisheries Science Center update the SEDAR 72 base model by
replacing MRIP-FES landings estimates for the Florida private angling
mode with landings estimates produced by the Florida Fish and Wildlife
Conservation Commission's State Reef Fish Survey (SRFS). Historically,
SRFS estimates a slightly larger harvest of gag by private anglers and
state charter vessels (in Florida) than MRIP-CHTS, but estimates a
substantially smaller harvest of gag by private anglers and state
charter vessels than MRIP-FES. This alternative model run of SEDAR 72
(``SRFS Run'') also used MRIP-FES data for the federally permitted
charter vessel and shore modes, and Southeast Region Headboat Survey
(SRHS) data for federally permitted headboats. The results of the SRFS
Run was presented to the Council's SSC at its July 2022 meeting. The
SSC found the SEDAR 72 SRFS Run to be consistent with the best
scientific information available. The SSC determined that SRFS is a
comprehensive survey for the gag private angling component of the
recreational sector given that greater than 95 percent of private
angling landings of gag are captured by the SRFS sampling frame and the
SRFS program's collection protocol has been certified by the NMFS
Office of Science and Technology as scientifically rigorous. NMFS
worked in conjunction with the State of Florida to develop a
calibration model to rescale historic effort estimates so that they
could be compared to new estimates from SRFS. This calibration model
was reviewed and approved by peer-review through the NOAA Office of
Science and Technology in May 2022. Information about the calibration
and the SSC's review of the SEDAR 72 SRFS Run can be found here:
<a href="https://gulfcouncil.org/meetings/scientific-and-statistical-meetings/july-2022/">https://gulfcouncil.org/meetings/scientific-and-statistical-meetings/july-2022/</a>. The results of the SEDAR 72 SRFS Run were consistent with
the results of the SEDAR 72 base model in that both concluded that the
gag stock is overfished and undergoing overfishing.
Because Amendment 56 would not likely be implemented until 2024,
and the Council recognized that maintaining the 2023 catch limits for
gag would continue to allow overfishing, the Council sent a letter to
NMFS, dated July 18, 2022 (Appendix A in Amendment 56), requesting
interim measures that would reduce overfishing by reducing the gag
stock ACL from 3.12 million lb (1.415 million kg) to 661,901 lb
(300,233 kg). The Council determined, and NMFS agreed, that for this
short-term reduction in harvest it was appropriate to maintain the
current sector allocations of 39 percent commercial and 61 percent
recreational, and the availability of red grouper multi-use and gag
multi-use under the IFQ program. In addition to the reduction in the
catch limits, the Council requested that the recreational fishing
season for 2023 begin on September 1 and close on November 10, rather
than the existing open season of June 1 through December 31. NMFS
agreed and implemented these interim measures through a temporary rule
effective on May 3, 2023 (88 FR 27701, May 3, 2023). The measures in
the temporary rule are effective for 180 days (through October 30,
2023), and NMFS expects to extend them for up to 186 additional days
while NMFS reviews public comments on this proposed rule and Amendment
56, and prepares any final regulations. Because the SSC's review of the
SEDAR 72 SRFS Run occurred after the Council's decision to request for
interim measures for gag, the recreational catch limits in the
temporary rule are consistent with MRIP-FES calibrated landings, and
are not directly comparable to the catch limits recommended in
Amendment 56 and this proposed rule.
Based on the results of the SEDAR 72 SRFS Run and SSC
recommendations, the Council recommended the following changes for gag
through Amendment 56:
<bullet> Revise the maximum sustainable yield (MSY) proxy, OY, and
status determination criteria (SDC);
<bullet> Establish a rebuilding plan for the stock, and revise the
overfishing limit (OFL), acceptable biological catch (ABC), and stock
ACL consistent with that rebuilding plan;
<bullet> Revise the commercial-recreational allocation of the stock
ACL and set new commercial and recreational sector ACLs, sector ACTs,
and commercial quota;
<bullet> Modify the recreational AMs; and
<bullet> Revise the Federal recreational fishing season.
The current MSY proxy is based on the yield associated with a
fishing mortality rate (F) associated with the maximum yield per
recruit (F<INF>MAX</INF>). The SSC recommended a more conservative MSY
proxy using the yield associated with F that would result in a spawning
stock biomass (SSB) of 40 percent spawning potential ratio (SPR), where
SPR is the ratio of the SSB to its unfished state. This revised MSY
proxy would be used to specify the long-term OY and SDC, and informs
the catch level projections produced by the SEDAR 72 SRFS Run.
For gag, the sector allocations of the stock ACL impact the catch
level projections produced by SEDAR 72. As more of the stock ACL is
allocated to the recreational sector, the proportion of recreational
discards and associated mortality increases. Recreational discard
mortality rates are assumed to be less than commercial discard
mortality rates but the total amount of recreational discards is
considerably greater than commercial discards. Generally, a gag caught
and released by a recreational fisherman has a greater likelihood of
survival than by a commercial fisherman because of how and where they
fish. However, because of the much higher numbers of gag that are
released by the recreational sector compared to the commercial sector,
the total number of discarded fish that die from recreational fishing
exceeds dead discards from commercial fishing. This results in
additional mortality for the stock and a lower projected annual yield,
which means a lower OFL, ABC, and stock ACL. However, higher number of
dead discards is not due to any change in how the recreational sector
operates in the fishery but occurs because the SEDAR 72 SRFS Run data
estimated greater fishing effort, and consequently a greater number of
fish being caught, which included discards and the associated mortality
from discarding fish.
In Amendment 56, the Council considered two allocation
alternatives: (1) maintaining the current allocation of 39 percent
commercial and 61 percent recreational, which was based on MRFSS data
from 1986 through 2005, and (2) updating historical recreational
landings using SRFS Run calibrated data from the same 1986 through 2005
period, which would result in an allocation of the stock ACL of 35
percent to the commercial sector and 65 percent to the recreational
sector. During the development of these two allocation alternatives,
the Council also reviewed allocation options based on five additional
historical reference periods from 1986 to 2019. These options differed
by less than 1 percent up to less than 4 percent. Because the options
were so similar, the Council decided to move forward with detailed
analysis of only the two alternatives described above. The Council
determined that the second alternative
[[Page 77249]]
would best represent the historic landings for each sector while
accounting for the change from MRFSS data to SRFS data. Based on the
results of the SEDAR 72 SRFS Run and using the proposed allocation of
35 percent commercial and 65 percent recreational, the Council
recommended OFLs and ABCs for gag during 2024-2028, and also
recommended the stock ACL be set equal to the ABC.
Management Measures Contained in This Proposed Rule
If implemented by NMFS, this proposed rule would modify the gag
stock and sector ACLs, sector ACTs, commercial quota, recreational AMs,
and recreational fishing season.
Annual Catch Limits and Annual Catch Targets
Prior to the implementation of the 2023 temporary rule, the stock
ACL was 3.120 million lb (1.415 million kg) and was allocated 39
percent to the commercial sector and 61 percent to the recreational
sector. The resulting commercial ACL and quota were 1.217 million lb
(0.552 million kg) and 0.939 million lb (0.426 million kg)
respectively, and the recreational ACL and ACT were 1.903 million lb
(0.863 million kg) and 1.708 million lb (0.775 million kg)
respectively. The commercial ACT is not codified. These catch limits
are based on the results of the 2016 SEDAR 33 Update (2016), which
included recreational landings estimates generated from MRIP-CHTS. The
2023 temporary rule reduced these catch limits consistent with the
Council's request. Therefore, the current commercial ACL and commercial
quota are 258,000 lb (117,027 kg) and 199,000 lb (90,265 kg),
respectively, and the recreational ACL and ACT are 403,759 lb (183,142
kg) and 362,374 lb (164,370 kg), respectively. These catch limits are
based on the results of the initial SEDAR 72 base model run, which
included recreational landings estimates generated using MRIP-FES.
Amendment 56 and this proposed rule would set the stock ACL for gag at
444,000 lb (201,395 kg) in 2024, and would allocate approximately 35
percent to the commercial sector and approximately 65 percent to the
recreational sector. This results in a 155,000-lb (70,307-kg)
commercial ACL, and a 288,000-lb (130,635-kg) recreational ACL for
2024. These catch limits are based on the results of the SEDAR 72 SRFS
Run, which included recreational landings estimates generated using
SRFS. Because of the different recreational landings estimates used to
determine the catch limits described above, those catch limits are not
directly comparable. However, the proposed catch limits are a
significant reduction compared to the catch limits that would go back
into effect after the 2023 temporary rule expires.
Amendment 56 and this proposed rule would set catch levels from
2024 through 2028, which increase during the time series. The 2028
catch levels would continue after 2028 unless modified by subsequent
rulemaking. All of the catch levels were rounded down to the nearest
thousand pounds. Therefore, the sum of the sector ACLs does not equal
the stock ACL.
Based on the Council's recommendation, this proposed rule would
modify the commercial quota such that it would be set equal to the
commercial ACT, and would be approximately 5 percent below the
commercial ACL. The current buffer between the commercial ACL and
commercial quota is 23 percent. The Council recommended reducing this
buffer, because there have been considerable improvements in the
estimation of commercial landings and discards of gag since the buffer
was put in place through Amendment 32 to the FMP. Further, the fraction
of gag discarded compared to the total number of gag caught has
remained low. NMFS does not expect the actions in Amendment 56 and this
proposed rule to significantly increase commercial discards of gag.
Therefore, the commercial quota would be approximately 95 percent of
the commercial ACL.
For the recreational sector, the current buffer between the ACL and
ACT is approximately 10 percent. The Council elected to choose a more
conservative ACT than if they had applied the ACL and ACT control rule,
which would have resulted in the same 10 percent buffer between the ACL
and ACT. Instead, the Council decided to double that buffer to increase
the probability of rebuilding gag by accounting for uncertainty in
managing the recreational harvest and further reducing fishing
mortality and discards that result from directed harvest. Thus, this
proposed rule would implement a recreational ACT that is approximately
20 percent below the recreational ACL. Table 1 shows the catch levels
recommended in Amendment 56, and except for the stock ACL, these catch
levels are included in the proposed regulatory text at the end of this
rule. Values proposed for 2028 would continue in subsequent fishing
years unless modified through a subsequent rulemaking.
Table 1--Proposed Stock ACL and Sector Catch Levels
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Com ACT & Quota lb
Year Stock ACL lb (kg) Com ACL lb (kg) Rec ACL lb (kg) (kg) Rec ACT lb (kg)
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2024............................................................... 444,000 (201,395) 155,000 (70,307) 288,000 (130,635) 147,000 (66,678) 230,000 (104,326)
2025............................................................... 615,000 (278,959) 215,000 (97,522) 399,000 (180,983) 204,000 (92,533) 319,000 (144,696)
2026............................................................... 769,000 (348,813) 269,000 (122,016) 499,000 (226,343) 255,000 (115,666) 399,000 (180,983)
2027............................................................... 943,000 (427,738) 330,000 (149,685) 613,000 (278,052) 313,000 (141,974) 490,000 (222,260)
2028............................................................... 1,156,000 (524,353) 404,000 (183,251) 751,000 (340,648) 383,000 (173,726) 600,000 (272,155)
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Note: Values are displayed in gutted weight. Abbreviations used in this table: Com means commercial and Rec means recreational. Lb is pounds and kg is kilograms.
Recreational Accountability Measures
Currently for the recreational sector, the AMs require NMFS to
prohibit harvest of gag for the rest of the fishing year when the
recreational ACL is projected to be met. The AMs also state that if the
recreational ACL for gag is exceeded in a fishing year, then in the
following fishing year, NMFS will maintain the prior year's ACT at the
same level, unless the best scientific information available determines
that is unnecessary, and the fishing season duration will be set based
on the recreational ACT. In addition to the previous measures, if gag
is overfished and the recreational ACL is exceeded in a fishing year,
NMFS will reduce the ACL and ACT in the following fishing year by the
amount of the ACL overage, unless the best scientific information
available determines that is unnecessary. Amendment 56 and this
proposed rule would change the AMs to require that NMFS prohibit
harvest when the recreational ACT is projected to be met regardless of
whether there
[[Page 77250]]
was an overage of the ACL in the prior year. NMFS and the Council
expect this change, in combination with the increased buffer between
the recreational ACL and ACT, to decrease the likelihood of
recreational harvest exceeding the recreational ACL. The larger buffer
between the recreational ACL and ACT would also reduce the level of
discards associated with directed harvest, increasing the probability
of meeting the 18 years rebuilding time.
This proposed rule would also remove the provision that requires
the previous year's ACT to be maintained in the year following an
overage of the ACL. Because the stock is overfished and NMFS is
required to reduce the ACL and ACT by any overage, an additional
adjustment that retains the lower ACT is unnecessary.
Recreational Fishing Season
Before NMFS implemented the temporary recreational fishing season
for gag in 2023, the season for Gulf gag began on June 1 and continued
through December 31 (74 FR 17603, April 16, 2009). During the effective
period of the temporary rule, the recreational fishing season opened on
September 1 and was to close on November 10, 2023, unless NMFS
projected the recreational ACL would be harvested prior to that date.
On October 4, 2023, NMFS published a temporary rule in the Federal
Register closing the recreational harvest of gag effective on October
19, 2023 (88 FR 68495).
This proposed rule would modify the recreational fishing season for
gag so the season would begin each year on September 1. Unlike the
season implemented by the temporary rule, Amendment 56 and this
proposed rule would not establish a predetermined season closure date.
Consistent with the proposed changes to the AMs, NMFS would close the
gag recreational season when landings are projected to reach the
recreational ACT. NMFS would use the best data available to project the
duration of the proposed recreational season in 2024 and in following
years. NMFS expects to have better estimates of recreational fishing
effort and catch of gag for a season beginning September 1 after data
from 2023 are finalized. This should reduce the uncertainty in
projecting an appropriate closure date for the 2024 recreational
fishing season. Once the ACT for gag is projected to be met and harvest
is closed, recreational fishing for gag would not resume before the end
of the year because data would not yet be available to determine
whether landings did reach the ACT.
Management Measures in Amendment 56 That Would Not Be Codified by This
Proposed Rule
In addition to the measures that would be codified through this
proposed rule, Amendment 56 would revise the MSY proxy, OY, and SDC for
gag. Amendment 56 would also revise the gag OFL, ABC, and sector
allocations.
Maximum Sustainable Yield, Optimum Yield, and Status Determination
Criteria
Based on the results of SEDAR 72, Amendment 56 would revise MSY
proxy, OY, as well as the SDC used to determine whether overfishing is
occurring or the stock is overfished. The proxy for MSY would be
defined as the yield when fishing at
F<INF>40</INF><not-eq><INF>SPR</INF>, where SPR is the ratio of SSB to
its unfished state. The maximum fishing mortality threshold (MFMT)
would be equal to F<INF>40</INF><not-eq><INF>SPR</INF>. The minimum
stock size threshold (MSST) would be defined as 50 percent of the
biomass at the new MSY proxy. The OY would be conditional on the
rebuilding plan, such that if the stock is under a rebuilding plan, OY
would be equal to the stock ACL; and if the stock is not under a
rebuilding plan, OY would be equal to 90 percent of MSY or its proxy.
Currently, MSY is defined in the FMP as F assuming F<INF>MAX</INF>, and
the MFMT is F<INF>MAX</INF>. The MSST is defined as 50 percent of the
biomass at F<INF>MAX</INF>. The OY is defined as 75 percent of the
yield at F<INF>MAX</INF>. The proposed changes to the MSY, OY, and SDC
represent a more conservative approach to management of that would
rebuild the gag stock to a more robust size, which should be more
resilient to episodic mortality from red tide, harmful algal blooms,
and sustainable levels of fishing mortality.
Stock Rebuilding Plan Timeline and Modification of OFL, ABC, and Sector
Allocations
Amendment 56 would establish a rebuilding plan and set the
rebuilding time for Gulf gag at 18 years, which is based on the amount
of time the stock is expected to take to rebuild if fished at 75
percent of the MSY proxy (yield at
F<INF>40</INF><not-eq><INF>SPR</INF>). Amendment 56 evaluated two other
rebuilding times: 11 years, which is the minimum time to rebuild in the
absence of fishing mortality; and 22 years, which is twice the minimum
time. In addition, the Council initially considered an alternative
rebuilding time of 19 years, which is based on the minimum rebuilding
time plus one generation time (8 years for gag). Because this option
resulted in a rebuilding time similar to fishing at 75 percent of the
MSY proxy, the Council removed this alternative from further
consideration (Appendix C in Amendment 56). The Council also discussed
whether to consider in more detail a rebuilding time between 11 years
and 18 years. The Council decided not to add an additional alternative
because a slightly shorter rebuilding time would provide minimal
benefits to the stock but increase the negative impacts to fishing
communities.
Consistent with the rebuilding time recommended by the Council,
Amendment 56 would revise the OFL and ABC, and set the stock ACL equal
to the ABC. In addition, Amendment 56 would revise the sector
allocations from 39 percent commercial and 61 percent recreational to
35 percent commercial and 65 percent recreational, and revise the
sector ACLs consistent with the revised allocations as discussed
earlier in this proposed rule. The current OFL and ABC, and the OFLs
and ABCs for 2024 through 2028, which increase over the time series as
projected for the rebuilding plan, are shown in Table 2. However, the
current OLF and ABC are not directly comparable to the proposed OFLs
and ABCs because they are based, in part, on recreational landings
estimates produced by the different surveys discussed above. Values in
2028 would continue for subsequent fishing years unless modified
through another action by the Council or NMFS.
Table 2--Current and Proposed OFLs and ABCs for Gag
----------------------------------------------------------------------------------------------------------------
Year OFL in pounds (kg) ABC in pounds (kg)
----------------------------------------------------------------------------------------------------------------
2023.......................................................... 4,180,000 (1,896,016) 3,120,000 (1,415,208)
2024.......................................................... 591,000 (268,073) 444,000 (201,395)
2025.......................................................... 805,000 (365,142) 615,000 (278,959)
2026.......................................................... 991,000 (449,510) 769,000 (348,813)
[[Page 77251]]
2027.......................................................... 1,200,000 (544,311) 943,000 (427,738)
2028.......................................................... 1,454,000 (659,523) 1,156,000 (524,353)
----------------------------------------------------------------------------------------------------------------
Note: Values are displayed in gutted weight. Kg is kilograms. The ABC values also equal the current and proposed
stock ACL values for gag.
Proposed Administrative Change to Codified Text Not in Amendment 56
NMFS also proposes to clarify the regulations at 50 CFR 622.8(c).
These regulations allow NMFS to re-open harvest for a stock in the same
fishing year if data indicate that a quota or ACL was not reached as
previously projected. Several stocks have ACTs that are also codified
as quotas. However, some ACTs, such as the recreational ACT for gag, do
not have corresponding quotas, and therefore may not appear to be
included in the current authority to re-open. NMFS proposes to modify
the regulations in section 622.8(c) to provide a more general reference
to allowable harvest levels. This would be consistent with the
framework procedures in the relevant Gulf and South Atlantic fishery
management plans that allow NMFS to re-open harvest if additional data
shows that NMFS closed the season prematurely.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with Amendment 56, the FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the legal basis for this proposed
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified. In addition, no new reporting and record-keeping
requirements are introduced by this proposed rule.
NMFS prepared an initial regulatory flexibility analysis (IRFA) for
this proposed rule, as required by section 603 of the Regulatory
Flexibility Act, 5 U.S.C. 603. The IRFA describes the economic impact
this proposed rule, if adopted, would have on small entities. A
description of this proposed rule, why it is being considered, and the
purposes of this proposed rule are contained in the SUMMARY and
SUPPLEMENTARY INFORMATION sections of the preamble. A copy of the full
analysis is available from NMFS (see the ADDRESSES section of this
proposed rule). A summary of the IRFA follows.
The objective of this proposed rule is to use the best scientific
information available to end overfishing of gag and rebuild the stock
to a level commensurate with MSY, consistent with the authority under
the Magnuson-Stevens Act. All monetary estimates in the following
analysis are in 2021 dollars.
Amendment 56 would revise the MSY, OY, and SDC for gag based on the
results of the updated SEDAR 72 SRFS Run as reviewed by the Council's
SSC. The definition of MSY would change from F<INF>MAX</INF> to the
yield when fishing at F<INF>40</INF><not-eq><INF>SPR</INF>. The
definition of MFMT would change from being equal to F<INF>MAX</INF> to
being equal to the fishing mortality at the F<INF>MSY</INF> proxy
(e.g., F<INF>40</INF><not-eq><INF>SPR</INF>). The definition of MSST
would change from 50 percent of B<INF>MAX</INF> to 50 percent of the
biomass at MSY or its proxy. OY is currently defined as 75 percent of
the yield at F<INF>MAX</INF>. The proposed definition of OY would be
conditional on whether a rebuilding plan is in place. Specifically, if
the stock is under a rebuilding plan, OY would be equal to the stock
ACL. However, if the stock is not under a rebuilding plan, OY would be
equal to 90 percent of MSY or its proxy.
Amendment 56 would also revise the sector allocation of the stock
ACL from 39 percent commercial and 61 percent recreational to
approximately 35 percent commercial and 65 percent recreational.
Amendment 56 would also establish a rebuilding plan based on the amount
of time the stock is expected to take to rebuild based on the yield
when fishing at 75 percent of F<INF>40</INF><not-eq><INF>SPR</INF>,
which is equal to 18 years. In turn, the proposed rebuilding plan in
combination with the proposed sector allocation would change the OFL,
ABC, stock ACL, commercial ACL, and the recreational ACL. Based on the
current allocation of the stock ACL between sectors, the OFL, ABC,
stock ACL, commercial ACL, recreational ACL, and commercial quota, and
recreational ACT would be 4.180 million lb (1.896 million kg), 3.120
million lb (1.415 million kg), 3.120 million lb (1.415 million kg),
1.217 million lb (0.552 million kg), 1.903 million lb (0.863 million
kg), and 0.939 million lb (0.426 million kg), and 1.708 million lb
(0.775 million kg), respectively, in 2024 and future years if no action
is taken. The recreational portion of the OFL, ABC, stock ACL, the
recreational ACL, and the recreational ACT are based on MRIP-CHTS data.
Under the proposed sector allocation and rebuilding plan, the OFL, ABC,
stock ACL, recreational ACL, commercial ACL, recreational ACT, and
commercial quota would be reduced in 2024 and subsequently increase
through 2028 as indicated in Tables 1 and 2. The recreational portion
of the revised OFL, ABC, stock ACL, the recreational ACL, and the
recreational ACT are based on recreational landings estimates used in
the SEDAR 72 SRFS Run. Therefore, the different stock ACLs and
recreational ACLs and ACTs not directly comparable.
This proposed rule would also revise the buffer between the
recreational ACL and ACT, which is currently 10.25 percent (i.e., the
recreational ACT is 89.75 percent of the recreational ACL). Under the
proposed rule, the buffer between the recreational ACL and ACT would be
approximately 20 percent (i.e., the recreational ACT would be
approximately 80 percent of the recreational ACL).
In addition, this proposed rule would also modify the buffer the
between the commercial ACL and quota, and set the quota equal to the
ACT. The commercial quota is currently set at approximately 77 percent
of the commercial ACL. The commercial ACT is not codified. This
proposed rule would set the commercial ACT equal to approximately 95
percent of the commercial ACL and set commercial quota equal to the
commercial ACT. Thus, the commercial quota would be approximately 95
percent of the commercial ACL.
Finally, this proposed rule would change the recreational season
start date and modify the recreational AMs for gag. Specifically, the
recreational season start date would change from June 1 to September 1
each year. The current AM requires NMFS to prohibit harvest when the
recreational ACL is projected to be met, whereas this proposed rule
would require NMFS to prohibit harvest when the recreational ACT is
projected to be met. The current AM also requires
[[Page 77252]]
NMFS to maintain the recreational ACT for the following fishing year at
the level of the prior year's ACT unless the best scientific
information available determines that maintaining the prior year's ACT
is unnecessary. This provision would be removed under the proposed
rule. Given these individual actions, this proposed rule is expected to
regulate commercial fishing businesses that possess gag shares in the
GT-IFQ program and for-hire fishing businesses (charter vessels and
headboats) that target gag.
The gag commercial quota is allocated annually based on the
percentage of gag shares in each IFQ account. For example, if an
account possesses 1 percent of the gag shares and the commercial quota
is 1 million lb (0.45 million kg), then that account would receive
10,000 lb (4,536 kg) of commercial gag quota. Although it is common for
a single IFQ account with gag shares to be held by a single business,
some businesses have multiple IFQ accounts with gag shares. As of July
8, 2021, there were 536 IFQ accounts, of which 506 IFQ accounts held
gag shares. These accounts and gag shares were owned by 455 businesses.
Thus, it is assumed this proposed rule would regulate 455 commercial
fishing businesses.
A valid charter vessel/headboat permit for Gulf reef fish is
required to legally harvest gag on a recreational for-hire fishing
trip. NMFS does not possess complete ownership data regarding
businesses that hold a charter vessel/headboat permit for Gulf reef
fish, and thus potentially harvest gag. Therefore, it is not currently
feasible to accurately determine affiliations between vessels and the
businesses that own them. As a result, for purposes of this analysis,
it is assumed each for-hire vessel is independently owned by a single
business, which is expected to result in an overestimate of the actual
number of for-hire fishing businesses regulated by this proposed rule.
NMFS also does not have data indicating how many for-hire vessels
actually harvest gag in a given year. However, in 2020, there were
1,289 vessels with valid charter vessel/headboat permits for Gulf reef
fish. Further, gag is only targeted and almost entirely harvested in
waters off the west coast of Florida. Of the 1,289 federally permitted
vessels, 803 were homeported in Florida. Of these permitted vessels, 62
are primarily used for commercial fishing rather than for-hire fishing
purposes, and thus are not considered for-hire fishing businesses
(i.e., 1,227 vessels are for-hire fishing businesses). In addition, 46
of these permitted vessels are considered headboats, which are
considered for-hire fishing businesses. However, headboats take a
relatively large, diverse set of anglers to harvest a diverse range of
species on a trip, and therefore do not typically target a particular
species exclusively. Therefore, it is assumed that no headboat trips
would be canceled, and thus no headboats would be directly affected as
a result of this proposed rule. However, charter vessels often target
gag. Of the 803 vessels with a valid charter vessel/headboat permit for
Gulf reef fish that are homeported in Florida, 695 vessels are charter
vessels. A recent study reported that 76 percent of charter vessels
with a valid charter vessel/headboat permit in the Gulf were active in
2017, i.e., 24 percent were not fishing. A charter vessel would only be
directly affected by this proposed rule if it used to go fishing. Given
this information, NMFS' best estimate of the number of charter vessels
that are likely to harvest gag in a given year is 528, and thus this
proposed rule is estimated to regulate 528 for-hire fishing businesses.
For RFA purposes, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (50 CFR 200.2). A business primarily
involved in the commercial fishing industry is classified as a small
business if it is independently owned and operated, is not dominant in
its field of operation (including its affiliates), and its combined
annual receipts (revenue) are not in excess of $11 million for all of
its affiliated operations worldwide. NMFS does not collect revenue data
specific to commercial fishing businesses that have IFQ accounts;
rather, revenue data are collected for commercial fishing vessels in
general. It is not possible to assign revenues earned by commercial
fishing vessels back to specific IFQ accounts and the businesses that
possess them because quota is often transferred across many IFQ
accounts before it is used by the business on a vessel for harvesting
purposes, and specific units of quota cannot be tracked. However, from
2017 through 2021, the maximum annual gross revenue earned by a single
commercial fishing vessel during this time was about $3.25 million.
Based on this information, all commercial fishing businesses regulated
by this proposed rule are determined to be small entities for the
purpose of this analysis.
For other industries, the Small Business Administration has
established size standards for all major industry sectors in the U.S.,
including for-hire businesses (North American Industry Classification
System code 487210). A business primarily involved in for-hire fishing
is classified as a small business if it is independently owned and
operated, is not dominant in its field of operation (including its
affiliates), and has annual receipts (revenue) not in excess of $12.5
million for all its affiliated operations worldwide. The maximum annual
gross revenue for a single headboat in the Gulf was about $1.38 million
in 2017. On average, annual gross revenue for headboats in the Gulf is
about three times greater than annual gross revenue for charter
vessels, reflecting the fact that businesses that own charter vessels
are typically smaller than businesses that own headboats. Based on this
information, all for-hire fishing businesses regulated by this proposed
rule are determined to be small businesses for the purpose of this
analysis.
If implemented, NMFS expects this proposed rule to regulate 455 of
the 536 businesses with IFQ accounts, or approximately 85 percent of
those commercial fishing businesses. Further, NMFS expects this
proposed rule would regulate 528 of the 1,227 for-hire fishing
businesses with valid charter vessel/headboat permits for Gulf reef
fish, or approximately 43 percent of those for-hire fishing businesses.
NMFS has determined that, for the purpose of this analysis, all
regulated commercial and for-hire fishing businesses are small
entities. Based on this information, NMFS expects the proposed rule to
affect a substantial number of small entities.
Because NMFS does not collect revenue and cost data for the
commercial fishing businesses that are expected to be regulated by this
proposed rule, direct estimates of their economic profits are not
available. However, economic theory suggests that annual allocation
(quota) prices should reflect expected annual economic profits, which
allows economic profits to be estimated indirectly. Further, the 455
businesses with gag shares also own shares in the other IFQ share
categories and thus are expected to earn profits from their ownership
of these shares as well, i.e., red snapper, red grouper, shallow-water
grouper, deep-water grouper, and tilefish.
However, economic profits will only be realized if the allocated
quota is used for harvesting purposes. For example, practically all of
the commercial red snapper quota has been used for harvesting in recent
years, and so it is assumed that all of that quota will be harvested in
the foreseeable future. Important management changes have occurred for
red grouper, which partly
[[Page 77253]]
resulted in 96 percent of the commercial quota being harvested in 2021.
Thus, this analysis also assumes that all of the red grouper quota will
be harvested in the future as well. However, based on 2017-2021 data,
only 82 percent of the deep-water grouper quota, 38 percent of the
shallow-water grouper quota, and 73 percent of the tilefish quota have
been harvested, and that is expected to continue in the foreseeable
future. For gag, the quota utilization rate from 2017 to 2021 was
approximately 52 percent. Given these quota utilization rates in
combination with average annual allocation prices from 2017 to 2021 and
annual commercial quotas in 2021, NMFS estimates that the total
expected economic profits for businesses with gag shares are at least
$29.4 million at the present time. This estimate does not account for
any economic profits that may accrue to businesses with gag shares that
also own commercial fishing vessels that harvest non-IFQ species. Such
profits are likely to be small because harvest of IFQ species accounts
for around 84 percent of commercial IFQ vessels' annual revenue and
economic profits from the harvest of non-IFQ species tend to be smaller
than those from IFQ species. Given that there are 455 businesses with
gag shares, NMFS expects the average annual economic profit per
commercial fishing business is at least $64,620.
Most of these economic profits (84 percent) are the result of
owning red snapper shares. Only approximately $502,930 (or 1.7 percent)
of the expected economic profits is due to the ownership of gag shares.
This proposed rule is only expected to affect economic profits from the
ownership of gag shares. Specifically, the proposed action to change
the sector allocation of the stock ACL and implement a rebuilding plan,
which would change the stock ACL, would reduce the commercial ACL and
commercial quota from their current values of 1.217 million lb and
939,000 lb, respectively. The average commercial ACL and commercial
quota from 2024 through 2028 would be 275,000 lb and 212,000 lb,
respectively, under the proposed action.
However, average annual commercial landings of gag from 2017 to
2021 were only 492,401 lb, noticeably below the commercial quota.
Because average annual landings exceed the proposed commercial quotas
through 2028, it is assumed all of the proposed commercial quota will
be harvested in each year through 2028, and the expected average
reduction in annual commercial landings will be 280,401 lb. Initially,
NMFS expects the reduction in commercial landings to increase the
average ex-vessel price of gag from $6.10 per lb to $7.78 per lb, or by
$1.68 per lb, in 2024. However, NMFS expects the increase in ex-vessel
price to gradually decrease through 2028 as the quota and landings
increase, with an ex-vessel price of $6.96 in 2028. The increase in the
ex-vessel price would partially offset the adverse effects of the
landings reduction. Based the above information, NMFS expects a
reduction in annual ex-vessel revenue for gag on average of
approximately $1.57 million or about $3,451 on average per commercial
fishing business. Given an average annual allocation price of $1.03 per
lb for gag from 2017 to 2021, NMFS expects the reduction in commercial
landings of gag to reduce economic profits to these commercial fishing
businesses by about $288,813, or by approximately $635 per commercial
fishing business. Thus, NMFS expects economic profits to be reduced by
around 1 percent on average per commercial fishing business as a result
of the proposed action to change the sector allocation and implement a
rebuilding plan that reduces the stock ACL.
The proposed action that would set the commercial ACT equal to 95
percent of the commercial ACL and set commercial quota equal to the
commercial ACT would cause the commercial quota to be equal to 95
percent of the commercial ACL as opposed to approximately 77 percent of
the commercial ACL as is presently the case. As such, this action is
expected to increase the commercial quota relative to what it would be
otherwise. The increase would still yield commercial quotas below the
recent average commercial landings and thus NMFS assumes all of the
expected increase in the quota will be harvested.
Specifically, NMFS expects the average annual increase in the
commercial quota and landings from 2024 through 2028 to be about 48,527
lb, which would increase average annual revenue by $267,371, or by
about $588 per commercial fishing business. Again, assuming an average
annual allocation price of $1.03 per lb, NMFS expects average increase
in economic profit to commercial fishing businesses per year is
$49,983, or about $110 per commercial fishing business.
Combining these expected increases in revenue and profits with the
decreases discussed earlier, NMFS expects this proposed rule to
decrease average revenue for commercial fishing businesses by about
$1.31 million per year from 2024 through 2028, or by $2,868 per
commercial fishing business. The total reduction in economic profit for
commercial fishing businesses is expected to be $238,830, or $525 per
commercial fishing business, which represents a decrease of about 0.8
percent.
According to the most recent estimates of economic returns in the
for-hire sector, average annual economic profits are $27,948 per
charter vessel. The proposed rule to change the sector allocation and
implement a rebuilding plan, which would change the stock ACL, would
change the gag recreational ACL from its current value of 1.903 million
lb (863,186 kg). Specifically, the average recreational ACL for gag
would be 510,000 lb from 2024 through 2028 under the proposed action.
As explained previously, these ACLs are not directly comparable because
they are based, in part, on recreational landings estimates derived
from different surveys (MRIP-FES and SRFS). However, average
recreational landings from 2017 to 2021 were approximately 1.265
million lb (573,884 kg). Given that average recreational landings have
been considerably greater than the proposed recreational ACT, all of
the proposed recreational ACT is expected to be harvested in the
future. NMFS expects the reduction in the recreational ACT to reduce
the recreational season length from 214 days to 25 days in 2024.
However, the season length is expected to steadily increase to 120 days
by 2028 and the average season length from 2024 to 2028 is expected to
be 64 days. The reduction in the season length would reduce the number
of angler trips targeting gag on charter vessels. From 2024 through
2028, the average reduction in angler trips targeting gag on charter
vessels is expected to be 20,976 trips per year. Net Cash Flow per
Angler Trip (CFpA) is the best available estimate of profit per angler
trip by charter vessels. According to a recent study (available from
NMFS see ADDRESSES), CFpA on charter vessels is estimated to be $150
per angler trip. Thus, NMFS estimates a reduction in charter vessel
profits from this action of $3.146 million per year, which results in a
reduction in charter vessels' profits per vessel to be $5,960 per year,
or about 21.3 percent on average per for-hire fishing business.
In combination with the proposed action to require NMFS to close
the recreational season based on when the recreational ACT is projected
to be met, rather than the recreational ACL, the proposed action to
increase the buffer between the recreational ACL and recreational ACT
from 10.25 to 20 percent would be expected to reduce the recreational
season length further from the proposed action to change the sector
[[Page 77254]]
allocation and implement a rebuilding plan. Specifically, the season
length is expected to be further reduced by 2 days in 2024 (open for 23
days instead of 25), but this reduction is expected to gradually
increase to 24 days by 2028 (open for 96 days instead of 120). The
average additional reduction in the recreational season length is
expected to be 12 days (open for 52 days instead of 64). Again, a
reduction in the season length is expected to reduce the number of
angler trips targeting gag on charter vessels. From 2024 through 2028,
the average reduction in angler trips targeting gag on charter vessels
is expected to be 2,125 trips per year. Based on an estimate of $150 in
economic profit per angler trip, NMFS estimates a reduction in charter
vessel profits from this action of $318,690 per year, and a reduction
in the annual charter vessels' profits of $604 per vessel, or about 2.2
percent on average per for-hire fishing business.
The proposed action that would change the recreational season start
date from June 1 to September 1 is expected to increase the
recreational season length from 23 days to 59 days in 2024, and from 52
to 81 days on average from 2024 to 2028. However, because there are
many fewer charter trips targeting gag in the fall months (September
through December) compared to the summer months (June through August),
this proposed action is expected to further decrease the number of
angler trips targeting gag on charter vessels. Although the reduction
in trips from 2024 through 2028 varies slightly from year to year, the
average reduction per year is 1,610 trips. Based on an estimate of $150
in economic profit per angler trip, NMFS expects this proposed action
to decrease economic profits for charter vessels by about $241,500 per
year, or by $456 per charter vessel. This would result in a decrease
economic profits by around 1.6 percent on average per for-hire fishing
business.
Based on the above, NMFS expects the total reduction in target
trips by charter vessels per year as a result of this proposed rule to
be 24,711 trips. NMFS expects this reduction in trips to result in a
total reduction in economic profits for charter vessels per year to be
about $3.707 million, or approximately $7,020 per charter vessel. Thus,
annual economic profits are expected to be reduced by approximately
25.1 percent on average per for-hire fishing business.
Six alternatives, including the status quo, were considered for the
proposed actions to change the sector allocation of the stock ACL to 35
percent to the commercial sector and 65 percent to the recreational
sector, establish a rebuilding plan of 18 years based on the amount of
time the stock is expected to take to rebuild if fished at the yield
from fishing at 75 percent of F<INF>40</INF><not-eq><INF>SPR</INF>, and
change the catch levels for 2024 through 2028 as specified in Table 1.
The status quo alternative would have retained the current sector
allocation of the stock ACL of 39 percent to the commercial sector and
61 percent to the recreational sector based on MRIP-CHTS recreational
landings data. The status quo alternative would not have established a
rebuilding plan or modified any of the catch limits based on MRIP-FES
and SRFS landings estimates. This alternative was not selected because
the sector allocation would have been based in part on MRFSS
recreational landings estimates, which is no longer consistent with the
best scientific information available and would result in a de facto
reallocation to the commercial sector of approximately 4 percent, which
the Council did not consider to be equitable. This alternative also
would not have rebuilt the gag stock or ended overfishing as required
by the Magnuson-Stevens Act.
A second alternative would have also retained the current sector
allocation of the stock ACL of 39 percent to the commercial sector and
61 percent to the recreational sector, but would have established a
rebuilding plan of 11 years assuming a fishing mortality rate of zero.
This alternative would have revised the OFL based on the projections
from the SEDAR 72 SRFS Run and would have set all of the other catch
levels through 2028 at zero. However, as with the status quo
alternative, the sector allocation would have been based in part on
MRFSS recreational landings data. Further, prohibiting harvest of gag
would not be expected to eliminate all fishing mortality, as some gag
would still be expected to be discarded and die as fishermen continue
fishing for other species that live in similar habitats as gag. This
alternative was not selected because, as discussed above, MRFSS is not
consistent with the best scientific information available, and would
result in a de facto reallocation from the recreational to the
commercial sector of approximately 4 percent, which the Council did not
considerable to be equitable. Further, because it is not feasible to
eliminate dead discards of gag when fishermen are targeting other
species, it is unlikely the stock would actually be rebuilt in 11
years. This alternative would have also resulted in significantly
larger adverse economic effects on commercial and for-hire fishing
businesses compared to the proposed action.
A third alternative would have also retained the current sector
allocation of the stock ACL of 39 percent to the commercial sector and
61 percent to the recreational sector. But, like the proposed action,
the third alternative would have established a rebuilding plan of 18
years and changed the catch levels based on the projections from the
SEDAR 72 SRFS Run. This alternative would have ended overfishing and
rebuilt the stock in 18 years. But, as with the status quo and the
second alternative, the sector allocation of the stock ACL would be
based on MRFSS recreational landings data. Thus, this alternative was
not selected because MRFSS is not the best scientific information
available, and would result in a de facto reallocation from the
recreational sector to the commercial sector of approximately 4
percent.
A fourth alternative would have also retained the current sector
allocation of the stock ACL of 39 percent to the commercial sector and
61 percent to the recreational sector, but would have established a
rebuilding plan of 22 years and changed the catch limits based on the
projections from the SEDAR 72 SRFS Run. This alternative would have
ended overfishing and rebuilt the stock while allowing greater harvest
and resulting in smaller adverse economic effects on commercial and
for-hire fishing businesses compared to the proposed action. However,
it was not selected because the stock is expected to take 4 more years
to rebuild compared to the proposed action, and the Magnuson-Stevens
Act requires overfished stocks to be rebuilt in as short a time period
as possible, taking into account various factors. This alternative was
also not selected because the use of MRFSS recreational landings data
is not consistent with the best scientific information available, and
would result in a de facto reallocation to the commercial sector of
approximately 4 percent.
Like the proposed action, a fifth alternative would have changed
the sector allocation of the stock ACL to 35 percent to the commercial
sector and 65 percent to the recreational sector based in part on
recreational landings estimates from MRIP-FES, SRHS, and SRFS for 1986-
2005. As with the second alternative, the fifth alternative would have
also established a rebuilding plan of 11 years assuming a fishing
mortality rate of zero and used SEDAR 72 SRFS Run projections to change
the OFL. The other catch limits would have been set at zero. As
discussed earlier, prohibiting harvest of
[[Page 77255]]
gag would not be expected to eliminate all fishing mortality, as some
gag would still be expected to be discarded and die as fishermen
continue fishing for other species that live in similar habitats as
gag. This alternative was not selected because it is not feasible to
eliminate dead discards of gag when fishermen are targeting other
species, and therefore it is unlikely the stock would rebuild in 11
years. This alternative would have also resulted in significantly
larger adverse economic effects on commercial and for-hire fishing
businesses compared to the proposed action.
Like the proposed action, a sixth alternative would have changed
the sector allocation of the stock ACL to 35 percent to the commercial
sector and 65 percent to the recreational sector based in part on
recreational landings estimates from MRIP-FES, SRHS, and SRFS data for
1986-2005. However, this alternative would have also established a
rebuilding plan of 22 years. This alternative would be based on the
best scientific information available, end overfishing, and rebuild the
stock. This alternative would have also resulted in higher catch limits
and therefore resulted in small adverse economic effects on commercial
and for-hire fishing businesses compared to the proposed action.
However, this alternative was not selected because it is expected to
take 4 more years to rebuild compared to the proposed action, and the
Magnuson-Stevens Act requires overfished stocks to be rebuilt in as
short a time as possible, taking into account various factors.
Two alternatives, including the status quo, were considered for the
proposed action to increase the buffer between the recreational ACL and
recreational ACT from 10.25 to 20 percent. The status quo alternative
would have maintained the buffer between the recreational ACL and
recreational ACT at 10.25 percent based the yield at 75 percent of
F<INF>MAX</INF>. However, as explained previously, use of
F<INF>MAX</INF> as a proxy for F<INF>MSY</INF> is not consistent with
the best scientific information available.
The second alternative would have revised the recreational ACT
using the Council's ACL/ACT Control Rule based on recreational landings
data from 2018 through 2021. This alternative would have resulted in a
10 percent buffer between the recreational ACL and ACT, which would
have left the buffer essentially unchanged. This alternative was not
selected because the Council concluded it was necessary to increase the
buffer between the ACL and ACT to reduce the probability of the
recreational sector exceeding its ACL, reduce the likelihood of
overfishing, and reduce the level of discards associated with directed
harvest, which together are expected to increase the probability of
meeting the 18-year timeline for rebuilding the gag stock.
Two alternatives, including the status quo, were considered for the
proposed action to set the commercial ACT equal to 95 percent of the
commercial ACL and set commercial quota equal to the commercial ACT.
The status quo alternative would have maintained commercial ACT, which
is based on the yield at 75 percent of F<INF>MAX</INF>, and a
commercial quota set at 86 percent of the commercial ACT. This
alternative was not selected because it is based on F<INF>MAX</INF>,
which is no longer consistent with the best scientific information
available.
The second alternative would have set the commercial ACT equal to
86 percent of the commercial ACL and, like the proposed action, set the
commercial quota equal to the commercial ACT. This alternative was not
selected because the Council determined that a 14 percent buffer
between the commercial ACL and ACT is too high and unnecessarily limits
commercial harvest due to reduced uncertainty in the estimates of
commercial landings and discards.
Three alternatives, including the status quo, were considered for
the proposed action to change the recreational season start date from
June 1 to September 1 and require NMFS to close the recreational season
based on when the recreational ACT is projected to be met rather than
the recreational ACL. The status quo alternative would have maintained
the recreational season start date of June 1 and required NMFS to close
the recreational season based on when the recreational ACL is projected
to be met. This alternative was not selected mainly because it would
have resulted in a shorter average recreational season length (75 days)
compared to the proposed action (81 days) for 2024 through 2028. In
general, a longer fishing season would result in more fishing
opportunities for both the private and for-hire components of the
recreational sector. Further, shifting fishing effort to a historically
low-effort month (September) may reduce the overall magnitude of
recreational discards compared to starting the season in June. Shifting
fishing pressure to the fall would also be expected to reduce directed
effort for gag in deeper waters, which may further reduce the
probability of harvesting or discarding dead male gag.
The second alternative would have retained the June 1 start date
for the recreational season. But, like the proposed action, this
alternative would have required NMFS to close the recreational season
based on when the recreational ACT is projected to be met. This
alternative was not selected mainly because it would have resulted in a
shorter average recreational season length (52 days) compared to the
proposed action (81 days) for 2024 through 2028. In general, a longer
fishing season would result in more fishing opportunities for both the
private recreational and for-hire components of the fishery. Further,
shifting fishing effort to a historically low-effort month (September)
may reduce the overall magnitude of recreational discards compared to
starting the season in June. Shifting fishing pressure to the fall
would be expected to reduce directed effort for gag in deeper waters,
which may further reduce the probability of harvesting or discarding
dead male gag.
The third alternative would have changed the recreational season
start date to October 1. But, like the proposed action, this
alternative would have required NMFS to close the recreational season
based on when the recreational ACT is projected to be met. This
alternative was not selected because it would have resulted in a
shorter average recreational season length (63 days) compared to the
proposed action (81 days) for 2024 through 2028 and would have also
resulted in greater adverse effects to for-hire fishing businesses. In
general, a longer fishing season would be expected to result in more
fishing opportunities for both the private and for-hire components of
the recreational sector.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gag, Gulf of Mexico.
Dated: November 1, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 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.
[[Page 77256]]
0
2. In Sec. 622.8, revise paragraph (c) to read as follows:
Sec. 622.8 Quotas--general.
* * * * *
(c) Reopening. When a species, species group, sector, or sector
component has been closed based on a projection of the applicable catch
limit (ACL, ACT, or quota) specified in this part being reached and
subsequent data indicate that the catch limit was not reached, the
Assistant Administrator may file a notification with the Office of the
Federal Register. Such notification may reopen the species, species
group, sector, or sector component to provide an opportunity for the
catch limit to be harvested.
0
3. In Sec. 622.34, revise paragraph (e) to read as follows:
Sec. 622.34 Seasonal and area closures designed to protect Gulf reef
fish.
* * * * *
(e) Seasonal closure of the recreational sector for gag. The
recreational harvest of gag in or from the Gulf EEZ is closed from
January 1 through August 31. During the closure, the bag and possession
limits for gag in or from the Gulf EEZ are zero.
* * * * *
0
4. In Sec. 622.39, revise paragraph (a)(1)(iii)(B) to read as follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(1) * * *
(iii) * * *
(B) Gag. See Table 1.
Table 1 to Paragraph (a)(1)(iii)(B)
------------------------------------------------------------------------
Commercial quota in lb
Year (kg)
------------------------------------------------------------------------
2024........................................... 147,000 (66,678)
2025........................................... 204,000 (92,533)
2026........................................... 255,000 (115,666)
2027........................................... 313,000 (141,974)
2028........................................... 383,000 (173,726)
------------------------------------------------------------------------
* * * * *
0
5. In Sec. 622.41, revise paragraph (d) to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(d) Gag--(1) Commercial sector. See Table 1 for the commercial ACLs
in gutted weight. The commercial ACT for gag is equal to the applicable
commercial quota specified in Sec. 622.39(a)(1)(iii)(B). The IFQ
program for groupers and tilefishes in the Gulf of Mexico in Sec.
622.22 serves as the accountability measure for the commercial harvest
of gag.
Table 1 to Paragraph (d)(1)
------------------------------------------------------------------------
Commercial ACL in lb
Year (kg)
------------------------------------------------------------------------
2024........................................... 155,000 (70,307)
2025........................................... 215,000 (97,522)
2026........................................... 269,000 (122,016)
2027........................................... 330,000 (149,685)
2028........................................... 404,000 (183,251)
------------------------------------------------------------------------
(2) Recreational sector.
(i) See Table 1 for the recreational ACLs and ACTs in gutted
weight.
Table 1 to Paragraph (d)(2)(i)
----------------------------------------------------------------------------------------------------------------
Recreational ACL in lb Recreational ACT in lb
Year (kg) (kg)
----------------------------------------------------------------------------------------------------------------
2024.......................................................... 288,000 (130,635) 230,000 (104,326)
2025.......................................................... 399,000 (180,983) 319,000 (144,696)
2026.......................................................... 499,000 (226,343) 399,000 (180,983)
2027.......................................................... 613,000 (278,052) 490,000 (222,260)
2028.......................................................... 751,000 (340,648) 600,000 (272,155)
----------------------------------------------------------------------------------------------------------------
(ii) If the NMFS SRD estimates that gag recreational landings have
reached or are projected to reach the applicable recreational ACT
specified in paragraph (d)(2)(i) of this section, the AA will file a
notification with the Office of the Federal Register to close the
recreational sector for the remainder of the fishing year. On and after
the effective date of such a notification, the bag and possession
limits for gag in or from the Gulf EEZ are zero. These bag and
possession limits apply in the Gulf on board a vessel for which a valid
Federal charter vessel/headboat permit for Gulf reef fish has been
issued without regard to where such species were harvested, i.e., in
state or Federal waters.
(iii) In addition to the measures specified in paragraph (d)(2)(ii)
of this section, if the NMFS SRD estimates that gag recreational
landings have exceeded the applicable ACL specified in paragraph
(d)(2)(i) of this section and gag is overfished based on the most
recent Status of U.S. Fisheries Report to Congress, the following
measure will apply. The AA will file a notification with the Office of
the Federal Register, at or near the beginning of the following fishing
year, to reduce the ACL for that following year by the amount of the
ACL overage in the prior fishing year, unless the best scientific
information available determines that a greater, lesser, or no overage
adjustment is necessary.
* * * * *
[FR Doc. 2023-24539 Filed 11-8-23; 8:45 am]
BILLING CODE 3510-22-P
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