Rule2023-27714
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack Emergency Management Measures
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Published
December 18, 2023
Effective
January 1, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues this final temporary rule to promulgate emergency measures, due to recently discovered circumstances that present serious conservation issues for the greater amberjack stock in the Gulf of Mexico (Gulf). As requested by the Gulf of Mexico Fishery Management Council (Council), NMFS issues this final temporary rule to reduce the Gulf greater amberjack commercial trip limit. The final temporary rule will be effective for 180 days unless superseded by subsequent rulemaking. The purpose of this emergency action is to decrease the likelihood of exceeding the commercial catch limits and extend the 2024 commercial fishing season.
Full Text
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<title>Federal Register, Volume 88 Issue 241 (Monday, December 18, 2023)</title>
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[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Rules and Regulations]
[Pages 87365-87368]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27714]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 231212-0300]
RIN 0648-BM73
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack Emergency
Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final temporary rule; emergency action.
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SUMMARY: NMFS issues this final temporary rule to promulgate emergency
measures, due to recently discovered circumstances that present serious
conservation issues for the greater amberjack stock in the Gulf of
Mexico (Gulf). As requested by the Gulf of Mexico Fishery Management
Council (Council), NMFS issues this final temporary rule to reduce the
Gulf greater amberjack commercial trip limit. The final temporary rule
will be effective for 180 days unless superseded by subsequent
rulemaking. The purpose of this emergency action is to decrease the
likelihood of exceeding the commercial catch limits and extend the 2024
commercial fishing season.
DATES: This temporary rule is effective January 1, 2024, through June
15, 2024.
ADDRESSES: Electronic copies of the documents in support of this final
temporary rule for emergency action, which includes the Council's
letter to NMFS requesting the emergency action may be obtained from the
Southeast Regional Office website at <a href="https://www.fisheries.noaa.gov/action/emergency-rule-implement-reduced-commercial-trip-limits-gulf-mexico-greater-amberjack">https://www.fisheries.noaa.gov/action/emergency-rule-implement-reduced-commercial-trip-limits-gulf-mexico-greater-amberjack</a>.
FOR FURTHER INFORMATION CONTACT: Dan Luers, telephone: 727-824-5305, or
email: <a href="/cdn-cgi/l/email-protection#b0f4d1ded9d5dc9efcc5d5c2c3f0dedfd1d19ed7dfc6"><span class="__cf_email__" data-cfemail="efab8e81868a83c1a39a8a9d9caf81808e8ec1888099">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf is managed
under the Fishery Management Plan for
[[Page 87366]]
the Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was
prepared by the Council and approved and implemented by NMFS through
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Section 305(c) of the Magnuson-Stevens Act provides the legal authority
for the promulgation of emergency regulations (16 U.S.C. 1855(c)).
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the optimum yield 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.
Gulf greater amberjack has been under a rebuilding plan since 2003
(68 FR 39898, July 3, 2003). However, the stock has not rebuilt as
expected and NMFS has implemented several revisions to the rebuilding
plan. The most recent revision occurred in response to the Southeast
Data, Assessment, and Review (SEDAR) 70 assessment for Gulf greater
amberjack, which was completed in November 2020 and indicated that the
Gulf greater amberjack stock continued to be overfished and undergoing
overfishing, but could rebuild by end of the current rebuilding time
(2027) with reduced yields. Therefore, the Council developed and NMFS
approved and implemented Amendment 54 to the FMP, which substantially
reduced the Gulf greater amberjack catch limits. NMFS published the
final rule reducing the catch limits on June 15, 2023 (88 FR 39193). On
June 18, 2023, NMFS prohibited further commercial harvest for the 2023
fishing year because commercial landings had exceeded the reduced
commercial annual catch target (ACT) and annual catch limit (ACL),
which are 93,930 lb (42,606 kg), round weight, and 101,000 lb (45,813
kg), round weight, respectively (88 FR 40121, June 21, 2023).
The Gulf greater amberjack commercial accountability measures (AMs)
require a closure of the sector when commercial landings reach or are
projected to reach the commercial ACT (commercial quota) (50 CFR
622.41(a)(1)). In addition, if commercial landings exceed the
commercial ACL, NMFS is required to reduce both the commercial ACL and
the commercial ACT for Gulf greater amberjack in the year following an
overage of the commercial ACL, by the amount of any commercial ACL
overage (50 CFR 622.41(a)(1)(ii)). Because 2023 commercial landings
exceeded the newly implemented commercial ACL, NMFS reduced the
commercial ACL and ACT for the 2024 fishing year, by the amount of the
2023 commercial ACL overage (88 FR 80995, November 21, 2023), which was
35,280 lb (16,003 kg), round weight.
At its October 2023 meeting, the Council approved a framework
action to modify the Gulf greater amberjack recreational fixed closed
season and the commercial trip limit (Framework Action). Within the
Framework Action, the Council recommended reducing the current
commercial trip limit to 7 fish as a result of the substantial catch
limit reductions implemented with Amendment 54 in order to extend the
commercial fishing season. As described in the Framework Action, a trip
limit of 7 fish is approximately equal to 210 lb (95 kg), gutted
weight; 218 lb (99 kg), round weight. The current commercial trip limit
for Gulf greater amberjack is 1,000 lb (454 kg), gutted weight; 1,040
lb (474 kg), round weight, until 75 percent of the commercial quota
(commercial ACT) is reached. After 75 percent of the commercial quota
is reached or projected to be reached, the trip limit is reduced to 250
lb (113 kg), gutted weight; 260 lb (118 kg), round weight.
The 2024 commercial fishing season opens on January 1 and with the
current trip limit, NMFS projects that commercial landings would reach
the reduced commercial ACT in early February, requiring a closure for
the remainder of the year. If the 7-fish trip limit were in place by
January 1, 2024, NMFS projects the commercial fishing season would be
open through the end of February when a 3-month seasonal closure
begins, and re-open for part of June when the season reopens June 1.
Council Emergency Action Request
At its October 2023 meeting, the Council discussed concerns raised
by its Reef Fish Advisory Panel about the impact of the required
reduction to the 2024 commercial catch limits as a result of landings
exceeding the ACL in 2023. The Council expressed concern about NMFS'
ability to constrain landings to the reduced catch limits when the
commercial season opens in January and the potential for additional
commercial overages in 2024 further reducing harvest for 2025. The
reduced commercial trip limit in the Framework Action, if implemented,
would not be effective until spring of 2024. Therefore, the Council
requested that NMFS implement an emergency action to reduce the Gulf
greater amberjack commercial trip limit to 7 fish effective January 1,
2024. The Council and NMFS expect this lower trip limit to benefit the
greater amberjack stock by increasing the duration of the open season,
which is expected to result in fewer regulatory discards (i.e.,
discards required after the quota has been reached). The reduced trip
limit is also expected to shift the commercial greater amberjack
harvest to an incidental catch only fishery for fishermen who currently
target Gulf greater amberjack commercially under a higher trip limit,
reducing the likelihood of race-to-fish (derby) fishing, which will
allow NMFS to better determine when the commercial ACT will be reached
and prohibit further harvest during the fishing year.
Criteria and Justification for Emergency Action
NMFS' Policy Guidelines for the Use of Emergency Rules (62 FR
44421, August 21, 1997) list three criteria for determining whether an
emergency exists. Specifically, NMFS' policy guidelines require that an
emergency: ``(1) Result from recent, unforeseen events or recently
discovered circumstances; and (2) Present serious conservation or
management problems in the fishery; and (3) Can be addressed through
emergency regulations for which the immediate benefits outweigh the
value of advance notice, public comment, and deliberative consideration
of the impacts on participants to the same extent as would be expected
under the normal rulemaking process.'' NMFS issues this emergency
action in compliance with these guidelines to prevent serious
conservation issues to the stock that would increase the probability of
not meeting the rebuilding timeline of 2027.
With respect to the first criterion, the recently discovered
circumstance is the extent of the overage of the commercial ACL in 2023
and the impact the required commercial ACT overage adjustment (payback)
will have on the 2024 season. The Gulf greater amberjack stock has been
under a rebuilding plan since 2003. The recent change to the rebuilding
plan in Amendment 54 was implemented in June 2023 and resulted in a
significant reduction in the catch limits. This reduction caused the
commercial ACL to be exceeded earlier in the 2023 fishing year, thus
requiring a commercial ACL and ACT payback and lower commercial catch
levels in 2024. At the time of the Council's request for the emergency
action, it
[[Page 87367]]
appeared that the required reduction in the commercial catch limits
would result in a 2024 commercial season as short as 2 weeks. After
further review, NMFS determined that if no change were made to the trip
limit, the commercial season would likely close at the end of January
or beginning of February. However, there is substantial uncertainty in
the projections because it is unclear whether the shorter season will
induce fishermen to increase effort. NMFS expects the reduced trip
limit implemented though the emergency action to slow harvest by
lowering the financial incentive to target greater amberjack and engage
in derby fishing, and increase the length of the 2024 commercial
fishing season by 4-5 weeks. In combination with the fixed seasonal
closure, which occurs March through May, commercial fishing could occur
from January through February and then into June.
The second criterion, which requires a serious conservation or
management problem in the fishery, is satisfied because the uncertainty
associated with projecting when to close fishing under the current trip
limit increases the likelihood of exceeding the reduced ACT and ACL,
which were required to account for the excess commercial harvest in
2023. The Gulf greater amberjack stock has been overfished since the
first assessment in 2000 and various plans that have been implemented
to rebuild the stock have not been successful. Amendment 54
significantly reduced catch levels to rebuild the stock by the end of
the current rebuilding period in 2027. Harvest in excess of these catch
limits increases the probability of not meeting the established
rebuilding time. NMFS expects the reduced commercial trip limit to
eliminate trips targeting greater amberjack because those trips would
be economically infeasible. This will discourage derby fishing and
increase the length of the fishing season, which would decrease
regulatory discards and allow NMFS more time to determine when to
prohibit further harvest in 2024 so as to not exceed the catch limits.
To address the third criterion, NMFS has determined that because
the next commercial fishing season opens January 1, 2024, the immediate
benefits of reducing the trip limit through an emergency action
outweigh the value of advance notice and public comment. By foregoing
the notice and comment rulemaking, this emergency action will be able
to fulfill its intent by slowing commercial harvest, eliminating the
incentive to engage in derby fishing, which can result in unsafe
fishing conditions, and reducing the likelihood of exceeding the
reduced catch limits.
Emergency Measures
This final temporary rule revises the commercial trip limit for
Gulf greater amberjack. It reduces the Gulf greater amberjack
commercial trip limit to 7 fish from the current trip limit of 1,000 lb
(454 kg), gutted weight, 1,040 lb (472 kg), round weight, with a step
down in the trip limit to 250 lb (113 kg), gutted weight, 260 lb (118
kg), round weight, when 75 percent of the commercial ACT has been
landed. The commercial trip limit will be effective for 180 days after
publication in the Federal Register, as authorized by section 305(c) of
the Magnuson-Stevens Act, or until superseded by another Federal
action. This temporary final rule for emergency action will not be
extended because NMFS expects the commercial ACT to be reached and the
2024 commercial season to be closed prior to the expiration of this
rule. If this temporary rule were to expire prior to the commercial
closure, fishing that could occur until the quota was reached would be
under the reduced limit (stepdown) of 250 lb (113 kg), gutted weight,
per trip (equivalent of approximately 8 fish). Therefore, an extension
of this temporary final rule will be unnecessary.
Classification
This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Act, 16 U.S.C. 1855(c). The Assistant Administrator (AA) for
Fisheries, NOAA has determined that this emergency action is consistent
with the Magnuson-Stevens Act, the FMP, and other applicable law. This
action is being taken pursuant to the emergency provisions of the
Magnuson-Stevens Act and is exempt from Office of Management and Budget
review.
The AA finds good cause to waive the requirements to provide prior
notice and opportunity for public comment pursuant to the authority set
forth in 5 U.S.C. 553(b)(B). Providing prior notice and opportunity for
public comment on this action would be contrary to the public interest.
In June 2023, NMFS implemented Amendment 54, which significantly
reduced the Gulf greater amberjack catch levels in order to rebuild the
stock. Commercial landings exceeded the 2023 commercial ACL, requiring
a reduction of the commercial ACT and ACL for the 2024 fishing year. In
October 2023, the Council voted to request that NMFS implement this
emergency action to reduce the commercial trip limit as of January 1,
2024, consistent with its recommendation in the Framework Action
approved at that same meeting. NMFS received the Council's request for
emergency action on November 3, 2023, and therefore could not have
acted sooner.
This change in the commercial trip limit requires immediate
implementation. If NMFS were to provide prior notice and comment, NMFS
would be unable to implement the change by January 1, 2024, which would
increase the likelihood of exceeding the reduced catch limits that are
necessary to rebuild the Gulf greater amberjack stock.
Maintaining the current 1,000 lb (454 kg), gutted weight, trip
limit for the 2024 fishing year may induce fishermen who still target
Gulf greater amberjack to increase their rate of harvest when the
commercial season opens on January 1, 2024. This would increase the
uncertainty for NMFS in projecting when to prohibit further commercial
harvest and result in commercial landings in excess of the 2024 catch
limits, which increases the probability of not meeting the established
rebuilding time. The shorter open season that would occur under the
1,000 lb (454 kg), gutted weight, trip limit, would also increase the
number of days fishermen who incidentally catch Gulf greater amberjack
must discard the fish. Therefore, the reduced commercial trip limit
must be implemented immediately and prior notice and opportunity for
public comment would be contrary to the public interest.
The need to implement these measures immediately for the reasons
stated above also constitutes good cause under authority contained in 5
U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness of the
rule.
This final temporary rule for emergency action is exempt from the
procedures of the Regulatory Flexibility Act because the rule is issued
without opportunity for prior notice and opportunity for public comment
pursuant to 5 U.S.C. 553 or other law. Accordingly, no regulatory
flexibility analysis is required and none has been prepared.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing season, Greater amberjack, Gulf of
Mexico, Reef fish.
Authority: 16 U.S.C. 1801 et seq.
[[Page 87368]]
Dated: December 12, 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:
0
a. Suspend paragraphs (a)(1) and (2); and
0
b. Add paragraph (a)(3).
The addition reads as follows:
Sec. 622.43 Commercial trip limits.
* * * * *
(a) * * *
(3) Until the commercial quota specified in Sec. 622.39(a)(1)(v)
is reached--7 fish. See Sec. 622.39(b) for the limitations regarding
greater amberjack after the quota is reached.
* * * * *
[FR Doc. 2023-27714 Filed 12-15-23; 8:45 am]
BILLING CODE 3510-22-P
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