[Federal Register Volume 65, Number 227 (Friday, November 24, 2000)]
[Rules and Regulations]
[Pages 70521-70522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30029]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

 50 CFR Part 622

[I.D. 110900C]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Red Grouper; Overfished 
Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Determination of overfished fishery.

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SUMMARY: NMFS has determined that the Gulf of Mexico red grouper 
fishery is overfished and has notified the Gulf of Mexico Fishery 
Management Council (Council) of related responsibilities under the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).

DATES: Effective November 24, 2000.

FOR FURTHER INFORMATION CONTACT: Phil Steele, telephone 727-570-5305, 
fax 727-570-5583, e-mail [email protected].

SUPPLEMENTARY INFORMATION: The Gulf of Mexico reef fish fishery is 
managed under the Fishery Management Plan for the Reef Fish Resources 
of the Gulf of Mexico (FMP). The FMP was prepared by the Council and 
approved and implemented by NMFS under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act. The FMP is implemented 
by regulations at 50 CFR part 622.

Determination of Overfished Fishery

    NMFS' determination of the status of a stock relative to 
overfishing and an overfished condition is based on both the removal of 
fish from the stock through fishing (the exploitation rate) and the 
current stock size. When the exploitation rate jeopardizes the capacity 
of a stock to produce its maximum sustainable yield (MSY) on a 
continuing basis, overfishing is occurring. The exploitation rate 
(i.e., rate of removal of fish from a population by fishing) is usually 
expressed in terms of an instantaneous fishing mortality rate (F).
    Another important factor for classifying the status of a resource 
is the current stock level. If a stock's biomass falls below its 
minimum stock size threshold, the capacity of the stock to produce MSY 
on a continuing basis is jeopardized and the stock is said to be in an 
overfished condition.
    Commercial red grouper landings in the Gulf of Mexico are down 
approximately 55 percent from the high that the U.S. fishery reached in 
1982. Recreational landings in 1997 were the lowest since 1981. At one 
of its meetings in 1999, the Council's Reef Fish Stock Assessment Panel 
(RFSAP) reviewed the 1999 scientific assessment of the red grouper 
stock conducted by the NMFS Southeast Fisheries Science Center (SEFSC). 
The RFSAP concurred with the assessment's findings that the stock is 
overfished and is undergoing overfishing. Subsequent SEFSC analyses of 
the stock confirm that it is overfished and undergoing overfishing as 
discussed below.
    The stock assessment conducted by the RFSAP used two different 
scientific models (a surplus-production model and the Age Structured 
Assessment Program (ASAP)) to evaluate the current condition of the red 
grouper stock. Both models indicated that the red grouper stock is 
overfished and that overfishing is occurring. The surplus production 
model results showed that in 1997 the red grouper biomass was 
approximately 20 percent of the biomass expected at MSY, and that F in 
1997 was approximately two times that needed to produce MSY. Absolute 
estimates of MSY were approximately 11 to 12 million lb (5.0 to 5.5 
million kg). The ASAP model showed that the best estimate for MSY was 
8.4 million lb (3.8 million kg), which is achieved at an F of 0.27 per 
year. The spawning stock biomass at MSY was estimated to be 563 million 
lb (255 million kg). The estimated F and spawning stock biomass in 1997 
was 0.88 per year and 144 million lb (65 million kg), respectively. 
Thus, the 1997 estimated stock biomass was 26 percent of its estimated 
biomass at MSY.
    Both models showed an increase in F in recent years. With decreased 
catch, this implies a reduced abundance of red grouper. Estimated F has 
doubled since the late 1970's and has increased from an average of 0.3 
in 1986 to 0.5 in 1997. Estimates of spawning stock biomass and 
recruitment have declined since at least 1985. In all model 
simulations, the red grouper stock is overfished, and overfishing is 
still occurring.
    At the RFSAP's August 2000 meeting, four additional sensitivity 
analyses of red grouper stock status were requested. The results of 
these analyses, conducted by the SEFSC, again confirmed the overfished 
status of the Gulf of Mexico red grouper stock.
    Section 304(e) of the Magnuson-Stevens Fishery Conservation and 
Management Act requires that within 1 year of being notified of the

[[Page 70522]]

identification of a stock as being overfished, the affected Regional 
Fishery Management Council must develop measures to end overfishing and 
rebuild the stock. On October 13, 2000, the Acting Regional 
Administrator, NMFS Southeast Region, notified the Council of the 
overfished status of the Gulf of Mexico red grouper and requested that 
the Council take appropriate action. The letter to the Council reads as 
follows:
    October 13, 2000
    Ms. Kay Williams, Chairperson
    Gulf of Mexico Fishery Management Council
    3018 U.S. Highway 301, Suite 1000
    Tampa, Florida 33619
    Dear Kay,
    This is to inform the Council that, based upon the best 
available scientific information, the National Marine Fisheries 
Service (NMFS) has determined that the Gulf of Mexico red grouper 
stock is overfished and undergoing overfishing. This determination 
is based on the 1999 red grouper stock assessment and subsequent 
analyses by the Southeast Fisheries Science Center completed at the 
request of the Reef Fish Stock Assessment Panel (enclosed). These 
most recent analyses indicate that the stock is overfished and 
undergoing overfishing. I do not anticipate that any additional re-
analysis of these data will alter this determination. Furthermore, 
the recent peer review of the 1999 red grouper assessment by the 
Center for Independent Experts concluded that the assessment 
contained sufficient information upon which to base management 
decisions. The conclusions of this peer review have already been 
provided to the Council and the Reef Fish Stock Assessment Panel 
(RFSAP).
    The reference points for overfishing and overfished currently in 
the Fishery Management Plan for the Reef Fish Resources of the Gulf 
of Mexico are based only on fishing mortality rates expressed as 
spawning potential ratios (overfishing: 30% static SPR; overfished: 
20% transitional SPR). These reference points are not fully 
compliant with the national standard guidelines because they do not 
include a component based on stock size and, thus, are not an 
adequate basis for determination of stock status. The national 
guidelines require specification of a minimum stock size threshold 
(MSST) and a maximum fishing mortality threshold (MFMT). Each of the 
assessment scenarios provided to the Council includes estimates of 
these status determination criteria as well as an estimate of MSY.
    The Magnuson-Stevens Fishery Conservation and Management Act 
requires that the Council propose management measures to initiate 
rebuilding of the stock within one year of the determination that 
the stock is overfished. The 1999 stock assessment as well as the 
enclosed analyses provide the Council and the RFSAP with a range of 
assessment scenarios, including those recommended by industry 
consultants. The RFSAP will meet again in December to provide the 
Council with further guidance regarding the extent of reduction in 
fishing mortality required to end overfishing and rebuild the stock. 
The extent of the required reduction is dependent on the assessment 
scenario selected and the duration of the rebuilding period. As the 
Council addresses overfishing and rebuilding of the red grouper 
stock, the Council must develop a plan to rebuild the stock to the 
biomass at MSY and must select specific estimates of MSY, OY, MFMT, 
and MSST as part of this plan. The information necessary to complete 
this task is included in the 1999 assessment and the enclosed 
material requested by the RFSAP.
    I look forward to working with the Council to develop a plan for 
rebuilding the red grouper stock.
    Sincerely Yours,
    Joseph E. Powers, PhD.
    Acting Regional Administrator

    Dated: November 16, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-30029 Filed 11-22-00; 8:45 am]
BILLING CODE: 3510-22-S