[Federal Register Volume 66, Number 59 (Tuesday, March 27, 2001)]
[Rules and Regulations]
[Pages 16618-16619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7539]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 022101C]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack; 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 greater amberjack 
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 March 27, 2001.

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 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 occurs. 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 (MSST), 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. Refer to NMFS' National Standard Guidelines for 
further information regarding these terms and concepts (final rule 
issued May 1, 1998; 63 FR 24212).
    NMFS has made a determination regarding the status of the Gulf of 
Mexico greater amberjack stock relative to overfishing and to an 
overfished condition based on the 2000 greater amberjack stock 
assessment conducted by NMFS' Southeast Fisheries Science Center and on 
the December 2000 Report of the Council's Reef Fish Stock Assessment 
Panel (RFSAP). These most recent analyses indicate that the stock is 
overfished but is not undergoing overfishing due to presumed recent 
reductions in F. The NMFS' stock assessment used a calibrated Virtual 
Population Analysis (VPA) to obtain estimates of population abundance 
and mortality rates based on data through 1998. Inputs to the 
assessment were obtained from the following sources: Data on catch-at-
age and selectivity; an index of abundance from private vessels and 
charter boats; and indices of abundance from the headboat and handline 
fisheries. Sensitivity analyses included (a) examinations of various 
combinations of the three indices for tuning; (b) truncation of the 
time series for the three indices to a period in which size limits were 
generally constant; (c) examination of alternatives for the F ratios 
for the terminal age group (fixing or estimating F); (d) two 
alternative stock-recruitment relationships; and (e) several assumed 
levels of natural mortality (i.e., 0.15, 0.25, 0.35).
    Based on all the stock assessment options presented, the RFSAP 
chose four options for further consideration. These four options 
comprised best available scientific advice to the Council; all four 
combinations indicated that the greater amberjack stock was overfished 
in 1998 based on the Minimum Stock Size Threshold (MSST) status 
determination criterion. The best estimate of stock size in 2000 showed 
that the stock is at less than one-half of MSST. The assessment results 
also indicate that reductions in fishing mortality are required to 
eliminate overfishing. The assessment, however, did not take into 
account recent (1998) management actions that the RFSAP believes are 
adequate to achieve the required reductions in F. The RFSAP recognizes 
that the most recent (as of 1997) estimates of F will not reflect any 
effects of the closed season (started in 1998), greater amberjack bag 
limit, and bag and size limits presently in place for lesser amberjack/
rudderfish (often mistaken for greater amberjack). If these

[[Page 16619]]

recently instituted measures have reduced fishing mortality for greater 
amberjack as expected, then this resource is no longer experiencing 
overfishing.
    Section 304(e) of the Magnuson-Stevens Act requires that within 1 
year of being notified of the identification of a stock as being 
overfished, the affected Regional Fishery Management Council must 
develop measures to end overfishing and rebuild the stock. On February 
9, 2001, the Acting Regional Administrator, NMFS Southeast Region, 
notified the Council of the overfished status of the Gulf of Mexico 
greater amberjack and requested that the Council take appropriate 
action. The letter to the Council reads as follows:

Ms. Kay Williams, Chairman

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 greater 
amberjack stock is overfished but is not experiencing overfishing.
    This determination is based on the 2000 greater amberjack stock 
assessment conducted by the Southeast Fisheries Science Center and 
the December 2000 Report of the Reef Fish Stock Assessment Panel 
(RFSAP; copies enclosed). These most recent analyses indicate that 
the stock is overfished but is not undergoing overfishing due to 
presumed recent reductions in fishing mortality (F). The NMFS 
assessment used a calibrated VPA to obtain estimates of population 
abundance and mortality rates using data through 1998. Inputs to the 
assessment were obtained from data on catch at age and selectivity, 
from an index of abundance from private vessels and charter boats, 
and from indices of abundance from the headboat and handline 
fisheries. Sensitivity analyses included examination of various 
combinations of the three indices for tuning, truncation of the time 
series for the three indices to a period in which size limits were 
generally constant, examination of alternatives for the F ratios for 
the terminal age group (fixing or estimating F), examination of two 
alternative stock-recruitment relationships, and an examination of 
the assumed level of natural mortality (0.15, 0.25, 0.35).
    Based on all the assessment options presented, the RFSAP chose 
four combinations for further consideration that comprised the best 
available advice to the Council. All four combinations indicated 
that the greater amberjack stock was overfished in 1998 based on the 
Minimum Stock Size Threshold (MSST). The best estimate of stock size 
in 2000 showed that the stock is at less than one-half of MSST. The 
assessment results also indicate that reductions in fishing 
mortality are required to eliminate overfishing; however, the 
assessment did not take into account recent (1998) management 
actions that the RFSAP believes are adequate to achieve the required 
reductions in F. The RFSAP panel recognizes that the most recent (as 
of 1997) estimates of F will not reflect any effects of the closed 
season (started in 1998), greater amberjack bag limit, and bag and 
size limits that are presently in place for lesser amberjack/
rudderfish (often mistaken for greater amberjack). The stock, 
therefore, is no longer experiencing overfishing if these recent 
regulations have reduced fishing mortality as expected.
    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). The 2000 
stock assessment 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 2000 stock assessment and the December 
2000 RFSAP Report provide the Council with a range of assessment and 
rebuilding scenarios. As the Council addresses the overfished status 
and rebuilding of the greater amberjack stock, the Council must 
develop a plan to rebuild the stock to the biomass at maximum 
sustainable yield (MSY) and must select specific estimates of MSY, 
optimum yield, MFMT, and MSST as part of this plan. Clearly, the 
Council has already considered this at the January meeting when it 
voted to use the RFSAP's Table 6 as a basis for a rebuilding plan, 
if they were informed by NMFS that such a plan is required. We will 
be happy to assist the Council in future development of this 
rebuilding plan.
    Please note that the most recent 2000 Report to Congress on the 
Status of Fisheries of the United States will list the status of 
amberjack as neither overfished nor approaching the overfished 
condition. Unfortunately, our determination of an overfished status 
for the Gulf greater amberjack stock was not completed in time for 
inclusion in the 2000 Congressional Report but will be included in 
the 2001 Report.
    I look forward to working with the Council to develop a plan for 
rebuilding the greater amberjack stock.

Sincerely yours,

Joseph E. Powers, Ph.D.

Acting Regional Administrator

    Enclosures

    Dated: March 21, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-7539 Filed 3-26-01; 8:45 am]
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