[Federal Register Volume 68, Number 214 (Wednesday, November 5, 2003)]
[Rules and Regulations]
[Pages 62542-62543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27844]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 102403A]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Vermilion Snapper; 
Notification of an Overfished Fishery

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

ACTION:  Determination of an overfished fishery.

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SUMMARY:  NMFS has determined that the Gulf of Mexico vermilion snapper 
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).

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 rate of 
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 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 considered to be 
in an overfished condition.
    Estimated total landings of Gulf vermilion snapper peaked in the 
early 1990s and have declined through the late 1990s for both the 
commercial and recreational sector. Commercial catches dropped 20 
percent over this time period while recreational catches declined over 
30 percent. Catch per unit effort, an indication of abundance, declined 
in three different fishing sectors, including the commercial handline 
fishery, and the western and eastern Gulf paid passenger recreational 
fishery (headboats). The decline in catch per unit effort was most 
extreme in the eastern Gulf headboat fishery, with this index dropping 
over 75 percent in value. Reductions were also seen from 1993 to 1999 
in two fishery-independent surveys.
    The 2001 vermilion snapper stock assessment evaluated the current 
condition of the Gulf vermilion snapper stock using two different 
scientific models: a surplus-production model and a virtual population 
analysis (VPA). The VPA results varied greatly depending on the inputs 
to the model. Moreover, vermilion snapper are known to vary widely in 
their size at age. As a result, the Reef Fish Stock Assessment Panel 
(RFSAP) concluded that these analyses were highly uncertain and 
excluded them from consideration of stock status.
    The surplus-production models gave consistent results across a wide 
range of model inputs, with only one scenario (eliminating data from 
the most recent 3 years) showing significant differences. All other 
model formulations indicated that vermilion snapper was overfished and 
experiencing overfishing. The preferred model formulation indicated 
that this stock experienced a fishing mortality rate in 1999 nearly 
twice the rate associated with MSY (i.e., F1999/FMSY 
= 1.99). The estimated current biomass of Gulf vermilion snapper was 
3.4 million lb (1.5 million kg), which only amounts to 32 percent of 
the biomass expected at MSY and was just over half the estimated 
biomass in 1986.
    The RFSAP supported the assessment's results indicating that Gulf 
vermilion snapper are overfished and experiencing overfishing. The Gulf 
of Mexico's Scientific and Statistical Committee concluded that the 
RFSAP report represented the best available scientific advice to the 
Council for establishing catch limits for vermilion snapper.
    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 October 
31, 2003, the Administrator, Southeast Region, NMFS, notified the 
Council of the overfished status of the Gulf of Mexico vermilion 
snapper and requested that the Council take appropriate action. The 
letter to the Council reads as follows:

    October 31, 2003
    Ms. Bobbi Walker, Chairperson
    Gulf of Mexico Fishery
    Management Council
    3018 U.S. Highway 301, Suite 1000
    Tampa, Florida 33619

    Dear Ms. Walker:

    This is to inform the Gulf of Mexico Fishery Management Council 
(Council) that, based upon the best available scientific 
information, the National Marine Fisheries Service (NOAA Fisheries) 
has determined that the Gulf of Mexico vermilion snapper stock is 
overfished and undergoing overfishing. This determination is based 
on the July 2001 Status of the Vermilion Snapper Fishery in the Gulf 
of Mexico Report (Assessment 5.0), the October 2001 Report of the 
Reef Fish Stock Assessment Panel, and the Summary of the Standing 
and Special Reef Fish SSC Meeting from the January 2002 Council 
meeting. The analyses concluded that vermilion snapper biomass was 
32% of the biomass associated with maximum sustainable yields (BMSY) 
in 2000. This estimate fell well below the minimum stock size 
threshold of 75% of BMSY. The analyses also concluded that the stock 
experienced a fishing mortality rate in 1999 of nearly twice the 
rate associated with MSY (FMSY). Several assessment scenarios were 
examined, all but one of which gave similar results. These analyses 
indicate that the vermilion snapper stock is overfished and 
undergoing overfishing. Dr. Nancy Thompson, Director of the 
Southeast Fisheries Science Center, will attend the November Council 
meeting to respond to questions the Council may have regarding the 
assessment.
    The Magnuson-Stevens Fishery Conservation and Management Act 
requires that within one year of the determination that the stock is 
overfished the Council must propose a rebuilding plan; however, as 
pointed out in an April 12, 2002, letter from Dr. Joseph Powers, the 
Council must take action as soon as possible to end overfishing. The 
2001 stock assessment provided guidance on measures necessary to end

[[Page 62543]]

overfishing and rebuild the stock within 10 years. It estimates that 
40 to 50 percent catch reductions are necessary to end overfishing 
and to rebuild vermilion snapper. Ongoing efforts have already 
identified options to achieve these reductions.
    We are now required to develop a formal rebuilding plan. I 
anticipate that a single amendment to the Reef Fish Fishery 
Management Plan can serve as a rebuilding plan and also enact 
measures to end overfishing. This administrative strategy could 
potentially delay efforts to end overfishing of vermilion snapper. 
Consequently, I am willing to issue an interim rule sooner, if 
necessary, to end overfishing once suitable regulations have been 
identified.
    I look forward to working with the Council in developing a plan 
for rebuilding the vermilion snapper stock.
    Sincerely yours,
    Roy E. Crabtree, Ph.D.
    Regional Administrator

    Dated: October 30, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-27844 Filed 10-31-03; 2:36 pm]
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