[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Proposed Rules]
[Pages 11937-11939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04091]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BJ20
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Amendment 51
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for comments.
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SUMMARY: The Gulf of Mexico (Gulf) Fishery Management Council (Council)
has submitted Amendment 51 to the Fishery Management Plan for the Reef
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Fish Resources of the Gulf of Mexico (FMP) for review, approval, and
implementation by NMFS. If approved by the Secretary of Commerce
(Secretary), Amendment 51 would establish and modify status
determination criteria and harvest levels for the gray snapper stock.
The purposes of Amendment 51 are to end overfishing of gray snapper and
achieve optimum yield (OY) for the stock.
DATES: Written comments must be received by April 28, 2020.
ADDRESSES: You may submit comments on Amendment 51 identified by
``NOAA-NMFS-2019-0116'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0116, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit all written comments to Peter Hood, 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
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Electronic copies of Amendment 51, which includes an environmental
assessment, a fishery impact statement, a Regulatory Flexibility Act
analysis, and a regulatory impact review, may be obtained from
www.regulations.gov or the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/amendment-51-establish-gray-snapper-status-determination-criteria-and-modify-annual-catch.
FOR FURTHER INFORMATION CONTACT: Peter Hood, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any FMP or amendment to NMFS for
review and approval, partial approval, or disapproval. The Magnuson-
Stevens Act also requires that NMFS, upon receiving an FMP or
amendment, publish an announcement in the Federal Register notifying
the public that the FMP or amendment is available for review and
comment.
The Council prepared the FMP being revised by Amendment 51, and, if
approved, Amendment 51 would be implemented by NMFS through regulations
at 50 CFR part 622 under the authority of the Magnuson-Stevens Act.
Background
Gray snapper in the Gulf exclusive economic zone (EEZ) are managed
as a single stock with a stock annual catch limit (ACL), and a stock
annual catch target (ACT). There is no allocation between the
commercial and recreational sectors. Gray snapper occur in estuaries
and shelf waters of the Gulf, and are particularly abundant off south
and southwest Florida.
Generally, the fishing season is open year-round, January 1 through
December 31. However, accountability measures (AMs) for gray snapper
specify that if commercial and recreational landings exceed the stock
ACL in a fishing year, then during the following fishing year if the
stock ACL is reached or is projected to be reached, the commercial and
recreational sectors will be closed for the remainder of the fishing
year. The gray snapper ACL and AMs were implemented in 2012 (76 FR
82044; December 29, 2011) and the stock ACL of 2.42 million lb (1.1
million kg), round weight, was not exceeded between 2012 and 2018. A
preliminary review of the most recent landings data suggest the ACL
will also not be exceeded in 2019. However, landings in 2014 and 2016
did exceed the ACLs proposed in Amendment 51. Unless stated otherwise,
all weights in this notice are described in round weight.
In 2018, the stock status of gray snapper was evaluated for the
first time through a Southeast Data, Assessment, and Review benchmark
stock assessment (SEDAR 51). SEDAR 51 was completed and reviewed by the
Council's Scientific and Statistical Committee (SSC) in May 2018. The
SSC accepted the gray snapper assessment as the best scientific
information available and determined that the stock is experiencing
overfishing as of 2015 because the fishing mortality rate (F) in 2015
was greater than the maximum fishing mortality threshold (MFMT).
However, the SSC was not able to determine if the stock is overfished
because the maximum sustainable yield (MSY) and minimum stock size
threshold (MSST) for gray snapper are not specified in the FMP.
Actions Contained in Amendment 51
Amendment 51 includes actions to set the MSY, MSST, OY, and modify
the MFMT, overfishing limit (OFL), acceptable biological catch (ABC),
ACL and ACT for the gray snapper stock in the Gulf. Amendment 51 also
updates the goals and objectives of the FMP.
Maximum Sustainable Yield
SEDAR 51 could not estimate the actual MSY with the best scientific
information available. Therefore, the Council considered alternatives
for an MSY proxy that uses the spawning potential ratio (SPR). The SPR
is the ratio of the average number of eggs per fish over its lifetime
when the stock is fished compared to the same value when the stock is
not fished. The SPR assumes that a certain amount of fish must survive
and spawn in order to replenish the stock. Analyses of stocks with
various life histories suggest that, in general, MSY is most commonly
associated with the yield when fishing at an F that corresponds to an
SPR between 30 and 40 percent.
After reviewing the SEDAR 51 assessment, the SSC recommended that
the MSY proxy be set at the yield when fishing at an F corresponding to
30 percent SPR (F30SPR), which is
consistent with the current MFMT definition. However, the Council noted
that the Gulf red snapper proxy is set at the yield when fishing at an
F corresponding to 26 percent SPR
(F30SPR), which allows for a larger yield
at a given stock size. After further analyses and review, the SSC
determined that the yield when fishing at
F30SPR is scientifically acceptable as a
proxy for MSY, but maintained its previous recommendation of the more
risk-averse MSY proxy using the yield when fishing at
F30SPR because of the uncertainty in the
SEDAR 51 assessment.
The Council selected the yield when fishing at
F30SPR for the MSY proxy. This proxy is
consistent with the MSY proxy used for red snapper, which has a similar
life history to gray snapper. The Council selected this proxy to
balance protection of the gray snapper stock with the increase in
social and economic benefits for fishers targeting the species that is
expected to result from allowing more harvest.
Status Determination Criteria
NMFS uses the MSST and MFMT to determine if a stock is overfished
or undergoing overfishing, respectively. If the stock biomass falls
below the MSST,
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then the stock is considered overfished and the Council would then need
to develop a rebuilding plan capable of returning the stock to a level
that allows the stock to achieve MSY on a continuing basis. In years
when there is a stock assessment, if fishing mortality exceeds the
MFMT, a stock is considered to be undergoing overfishing because this
level of fishing mortality, if continued, would reduce the stock
biomass to an overfished condition. In years in which there is no
assessment, overfishing occurs if landings exceed the OFL.
Currently, the MFMT is equal to
F30SPR. Because the MSY proxy selected in
Amendment 51 is the yield when fishing at
F30SPR, the Council chose to modify the
MFMT to be equal to F30SPR for
consistency. Under this definition, projections from SEDAR 51 suggest
overfishing ended in 2017.
The MSST needs to be equal or less than the biomass (B) capable of
producing MSY or MSY proxy (Bmsy (or MSY proxy)). The closer
the MSST value is to Bmsy (or MSY proxy), the more likely a
stock could be declared overfished due to year-to-year fluctuations in
stock biomass, resulting in an unneeded rebuilding plan. However, if
MSST is set too low, then rebuilding the stock to MSY levels could
result in more stringent management measures. Consistent with other
reef fish stocks with a defined MSST (gag, red grouper, red snapper,
vermilion snapper, gray triggerfish, greater amberjack, and hogfish),
the Council selected the MSST for gray snapper as
0.50*BMSY(or MSY proxy). The Council determined
that because the Magnuson-Stevens Act requires ACLs and AMs to prevent
overfishing, and that any overfishing be ended immediately, it is
unlikely that sustained overfishing would occur and cause a stock to
fall below the MSST. Under this MSST, the result of SEDAR 51 indicate
that the gray snapper stock would not be overfished.
Optimum Yield
The Council determined that the OY should be the yield when fishing
at 90 percent of FMSY (or MSY proxy). This value
would allow for more harvest over the long term and likely have greater
social and economic benefits, although it provides less protection to
the stock than other values considered (the yield when fishing at 50
and 75 percent of FMSY (or MSY proxy)). However,
as noted previously, the ACLs and AM control yearly harvest and are
designed to prevent overfishing.
Overfishing Limit, Acceptable Biological Catch, Annual Catch Limit, and
Annual Catch Target
The current OFL, ABC, and ACL for gray snapper were established in
the Generic ACL/AM Amendment using the Council's ABC control rule for
stocks that have not been assessed, but are stable over time (76 FR
82044; December 29, 2011). The OFL is equal to 2.88 million lb (1.31
million kg), which is the mean plus 2.0 standard deviations of the
annual landings from 1998 through 2008. The ABC is equal to 2.42
million lb (1.1 million kg), which is the mean plus 1.0 standard
deviation of the annual landings from 1998 through 2008. The ACL is
equal the ABC, and the ACT is 14 percent less than the ACL at 2.08
million lb (0.9 million kg).
Amendment 51 would modify the OFL and ABC consistent with the
projections from SEDAR 51 for the MSY proxy selected by the Council and
the SSC recommendations. The OFLs would be 2.58 million lb (1.17
million kg) for 2020, and 2.57 million lb (1.166 million kg) for 2021
and subsequent fishing years. The ABCs would be 2.51 million lb (1.14
million kg) for 2020 and subsequent years. The Council then used its
ACL/ACT control rule to determine that an 11 percent buffer between the
ABCs and ACLs was appropriate to account for management uncertainty.
This results in Gulf gray snapper stock ACLs that would be 2.24 million
lb (1.02 million), round weight, for the 2020 fishing year. In 2021,
and subsequent fishing years, the ACL would be set at 2.23 million lb
(1.01 million kg), round weight.
The gray snapper ACT is not currently used for management purposes.
Therefore, the Council decided not to set an ACT through Amendment 51.
Proposed Rule for Amendment 51
A proposed rule to implement Amendment 51 has been drafted. In
accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule for Amendment 51 to determine whether it is consistent
with the FMP, the Magnuson-Stevens Act, and other applicable law. If
that determination is affirmative, NMFS will publish the proposed rule
in the Federal Register for public review and comment.
Consideration of Public Comments
The Council has submitted Amendment 51 for Secretarial review,
approval, and implementation. Comments on Amendment 51 must be received
by April 28, 2020. Comments received during the respective comment
periods, whether specifically directed to Amendment 51 or the proposed
rule, will be considered by NMFS in its decision to approve, partially
approve, or disapprove Amendment 51. Comments received after the
comment periods will not be considered by NMFS in this decision. All
comments received by NMFS on Amendment 51 or the proposed rule during
their respective comment periods will be addressed in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 25, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-04091 Filed 2-27-20; 8:45 am]
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