[Federal Register Volume 73, Number 68 (Tuesday, April 8, 2008)]
[Proposed Rules]
[Pages 19040-19046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7379]



[[Page 19040]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 070718369-7771-01]
RIN 0648-AV34


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Amendment 30A

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule that would implement Amendment 
30A to the Fishery Management Plan for the Reef Fish Resources of the 
Gulf of Mexico (FMP) prepared by the Gulf of Mexico Fishery Management 
Council (Council). This proposed rule would establish accountability 
measures for the commercial and recreational fisheries for greater 
amberjack and gray triggerfish, establish commercial quotas for greater 
amberjack and gray triggerfish, establish a recreational quota for 
greater amberjack and recreational catch limits for gray triggerfish, 
increase the commercial and recreational minimum size limit for gray 
triggerfish, increase the recreational minimum size limit for greater 
amberjack, and reduce the greater amberjack bag limit to zero for 
captain and crew of a vessel operating as a charter vessel or headboat. 
In addition, Amendment 30A would establish management targets and 
thresholds for gray triggerfish consistent with the requirements of the 
Sustainable Fisheries Act. This proposed rule is intended to end 
overfishing of greater amberjack and gray triggerfish and to rebuild 
these stocks to sustainable levels.

DATES: Written comments must be received on or before May 23, 2008.

ADDRESSES: You may submit comments on the proposed rule by any of the 
following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Peter Hood, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.
     Fax: 727-824-5308; Attention: Peter Hood.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.
    Copies of Amendment 30A, which include a supplemental environmental 
impact statement (SEIS), an initial regulatory flexibility analysis 
(IRFA), and a regulatory impact review (RIR) may be obtained from the 
Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, 
Suite 1100, Tampa, FL 33607; telephone 813-348-1630; fax 813-348-1711; 
e-mail [email protected]; or may be downloaded from the 
Council's website at http://www.gulfcouncil.org/.

FOR FURTHER INFORMATION CONTACT: Peter Hood, telephone 727-824-5305; 
fax 727-824-5308; e-mail [email protected].

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

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the optimum yield (OY) 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. To further this goal, the Magnuson-
Stevens Act requires fishery managers to specify their strategy to 
rebuild overfished stocks to a sustainable level within a certain time 
frame, and to minimize bycatch and bycatch mortality to the extent 
practicable. The reauthorized Magnuson-Stevens Act as amended through 
January 12, 2007, requires the councils to establish annual catch 
limits (ACLs) for each stock or stock complex and accountability 
measures (AMs) to ensure these ACLs are not exceeded. This proposed 
rule addresses these requirements for greater amberjack and gray 
triggerfish.

Status of Stocks

    Greater amberjack have been under a rebuilding plan since 2003. 
However, a new stock assessment completed in 2006 concluded that the 
stock is not recovering as projected. It remains overfished and NMFS 
recently determined that overfishing is recurring. This proposed rule 
is necessary to end overfishing and adjust allowable catch levels and 
other management measures to bring the greater amberjack rebuilding 
plan back on course for stock recovery within the original 10-year time 
frame.
    Gray triggerfish were determined to be undergoing overfishing based 
on the results of a 2006 stock assessment. If approved, status 
determination criteria proposed in Amendment 30A would result in the 
gray triggerfish stock being considered overfished, requiring a 
rebuilding plan to be implemented. Therefore, this proposed rule is 
necessary to set quotas and management measures to end overfishing and 
rebuild the gray triggerfish stock.

Reductions Required to End Overfishing and Rebuild Stocks

    Actions in the proposed rule are designed to reduce the total 
landings (commercial and recreational combined) of greater amberjack by 
32 percent and gray triggerfish by at least 60 percent to end 
overfishing and allow the stocks to recover to a biomass level capable 
of producing maximum sustainable yield (BMSY) within each 
species' respective rebuilding schedule. These landings reductions 
would reduce fishing mortality (F) to levels associated with harvesting 
OY under equilibrium conditions (FOY). This equates to a 50-
percent reduction in F for greater amberjack and 54-percent reduction 
for gray triggerfish. In addition, Amendment 30A proposes management 
thresholds and targets for gray triggerfish that comply with the 
Sustainable Fisheries Act.

Allocations

    Amendment 30A would establish an allocation of total allowable 
catch (TAC) for the greater amberjack fishery of 73 percent for the 
recreational sector and 27 percent for the commercial sector. This 
allocation is estimated to increase the recreational share of TAC by 5 
percent compared to the recreational/commercial ratio for 2000-2004. 
For the gray triggerfish fishery, Amendment

[[Page 19041]]

30A proposes reducing commercial and recreational landings 
proportionally; therefore, there would be no change relative to the 
2000-2004 ratio of landings (i.e., 79 percent recreational and 21 
percent commercial).

Measures Applicable to the Greater Amberjack Fishery

Rebuilding Plan

    Amendment 30A would continue the 3-year stepped rebuilding plan 
approach implemented through Secretarial Amendment 2 to the FMP. During 
the rebuilding plan, directed TAC for each 3-year interval would be set 
equal to the TAC for the first year of the interval as defined by the 
constant FOY projection from the latest available stock 
assessment, e.g. the 2006 assessment for 2008-2010. For 2008-2010, TAC 
would be set at 1.9 million lb (863,636 kg). TAC would remain at that 
level until revised via appropriate rulemaking. This rebuilding plan 
approach has been projected to have a better than 50-percent chance of 
rebuilding the stock to BMSY by the end of 2012.

Commercial Measures

    Based on the TAC proposed in Amendment 30A, the proposed rule would 
establish a commercial quota for greater amberjack of 503,000 lb 
(228,157 kg) for each fishing year from 2008 through 2010. The 
commercial quota would remain at that level until revised via 
appropriate rulemaking. This quota would function as an ACL and 
represents a 43-percent reduction in annual landings. The quota 
reduction, in combination with the proposed recreational restrictions 
and proposed accountability measures, would end overfishing and rebuild 
biomass to BMSY by the end of 2010. The establishment of the 
quota should also reduce discards in proportion to the overall 
reduction in annual landings.

Recreational Measures

    This proposed rule would establish a greater amberjack recreational 
quota of 1,368,000 lb (620,514 kg). This quota would function as an 
ACL. To help constrain the recreational harvest to this quota, the 
proposed rule would increase the minimum size limit to 30 inches (76 
cm) fork length (FL) and prohibit captain and crew of a vessel 
operating as a charter vessel or headboat from retaining a bag limit of 
greater amberjack. In combination, these restrictions are expected to 
reduce recreational landings by 26 percent. Increasing the minimum size 
limit to 30 inches (76 cm) FL from the current 28-inch (71-cm) limit 
would allow more than 50 percent of all females to mature before being 
landed. Although the proposed increase in the minimum size limit would 
increase the proportion of discards, the proposed recreational measures 
are expected to reduce the magnitude of dead discards because of the 
large reduction in recreational landings. In conjunction with the 
proposed commercial restrictions and the proposed accountability 
measures, these measures would end overfishing, and rebuild biomass to 
BMSY by the end of 2010.

Accountability Measures (AMs) for the Greater Amberjack Fishery

    This proposed rule would establish AMs for the greater amberjack 
fishery. These AMs are intended to ensure landings do not exceed the 
TAC allowed by the rebuilding plan.
    If commercial or recreational landings, as estimated by the 
Southeast Fisheries Science Center, reach or are projected to reach the 
respective commercial quota or recreational quota, the proposed rule 
would authorize the Assistant Administrator Fisheries, NOAA, (AA) to 
file a notification with the Office of the Federal Register to close 
that sector of the fishery for the remainder of that fishing year. In 
addition, if the in-season closure does not prevent commercial landings 
from exceeding the quota, this proposed rule would authorize the AA to 
file a notification with the Office of the Federal Register reducing 
the commercial quota in the following year by the amount the quota was 
exceeded in the previous year. If the in-season closure does not 
prevent recreational landings from exceeding the quota, this proposed 
rule would authorize the AA to file a notification with the Office of 
the Federal Register to reduce the length of the following recreational 
fishing season for the time necessary to recover the overage from the 
previous year. Further, during that following year, if necessary, the 
AA may file additional notification with the Office of the Federal 
Register to readjust the reduced fishing season to ensure recreational 
harvest achieves but does not exceed the intended harvest level.

Measures Applicable to the Gray Triggerfish Fishery

Rebuilding Plan

    The Magnuson-Stevens Act specifies that no rebuilding plan shall 
exceed 10 years unless either biological or environmental conditions 
dictate otherwise. Because rebuilding projections indicate the gray 
triggerfish stock can rebuild in less than 10 years, a rebuilding plan 
not exceeding 10 years is required. In determining the rebuilding 
timeframe, however, the Magnuson-Stevens Act also specifies that the 
status and biology of the overfished population, as well as the needs 
of fishing communities and interactions of the population with the 
marine ecosystem be taken into account. After considering these factors 
and requirements, the Council proposed a rebuilding plan based on 
fishing at a rate that optimizes yield while allowing for the stock to 
rebuild within 6 years. Under the proposed rebuilding plan, TAC would 
be 500,000 lb (226,796 kg) for 2008, 580,000 lb (263,084 kg) for 2009, 
and 660,000 lb (299,371 kg) for 2010. After 2010, TAC would remain at 
the 2010 level until revised via appropriate rulemaking.

Commercial Measures

    Consistent with the proposed rebuilding plan, this proposed rule 
would establish a commercial gray triggerfish quota of 80,000 lb 
(36,287 kg) for 2008, 93,000 lb (42,184 kg) for 2009, and 106,000 lb 
(48,081 kg) for 2010. After 2010, the commercial quota would remain at 
the 2010 level until revised via appropriate rulemaking. The quotas are 
expected to reduce commercial landings by 61 percent, as necessary, to 
end overfishing. To help constrain commercial gray triggerfish harvests 
to the applicable quota, the proposed rule would increase the 
commercial minimum size limit from 12 inches TL (30 cm TL) to 14 inches 
FL (36 cm FL). Increasing the commercial minimum size limit would slow 
the rate of harvest and may help minimize any seasonal closure that may 
be implemented under the proposed accountability measures. Gray 
triggerfish have a very low release mortality rate; therefore, most 
undersized fish that are released survive to contribute to rebuilding 
the stock. Increasing the commercial size limit would also increase the 
spawning potential for this species.

Recreational Measures

    Consistent with the proposed rebuilding program, the proposed rule 
would establish ACLs for the recreational fishery, which would trigger 
implementation of the AMs. The ACL would be 394,000 lb (178,715 kg) for 
2008, 426,000 lb (193,230 kg) for 2009, and 457,000 lb (207,291 kg) for 
2010 and subsequent fishing years, unless revised via subsequent 
rulemaking. The proposed rule would also increase the recreational gray 
triggerfish minimum size limit from 12 inches total length (TL) (30 cm 
TL) to 14 inches FL (36 cm FL). Increasing the

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minimum size limit is estimated to reduce recreational landings by 60 
percent. Unlike nearly all other reef fish species managed by the 
Council, gray triggerfish are hardy fish that have a very low release 
mortality rate. Only approximately 1.5 percent of gray triggerfish die 
after release. Also, because the number of eggs produced by a gray 
triggerfish increases exponentially by size and age, the minimum size 
limit increase would increase spawning potential.

Accountability Measures (AMs) for Gray Triggerfish

    This proposed rule would establish AMs for the gray triggerfish 
fishery. These AMs are intended to ensure landings do not exceed the 
TAC allowed by the rebuilding plan.
    For the commercial fishery, this proposed rule would establish 
quotas and ACLs. The quota levels are less than the ACLs. The ACLs 
would trigger implementation of the AMs. If commercial landings, as 
estimated by the NMFS Southeast Fisheries Science Center, Science and 
Research Director (SRD), reach or are projected to reach the applicable 
quota, the AA would file a notification with the Office of the Federal 
Register to close the commercial fishery for the remainder of the 
fishing year. In addition, if despite such closure, commercial landings 
exceed the applicable ACL, the AA will file a notification with the 
Office of the Federal Register, at or near the beginning of the 
following fishing year to reduce the quota for that following year by 
the amount the prior-year ACL was exceeded. The applicable ACLs are 
105,000 lb (47,627 kg) for 2008, 122,000 lb (55,338 kg) for 2009, and 
138,000 lb (62,596 kg) for 2010 and subsequent fishing years.
    For the recreational fishery, this proposed rule would establish 
ACLs that would trigger implementation of the AMs. If recreational 
landings, as estimated by the SRD, exceed the applicable ACL, the AA 
will file a notification with the Office of the Federal Register 
reducing the length of the following recreational fishing season by the 
amount necessary to ensure recreational landings do not exceed the 
recreational target TAC for that following fishing year. The 
recreational ACLs are based on the yields under a constant fishing 
mortality (i.e., FOY) rebuilding strategy that would allow 
the stock to rebuild within approximately 6 years. During year 1 of the 
rebuilding plan, the ACL is equal to the 2008 projected yield from the 
constant fishing mortality rebuilding plan. The year 2 ACL (2009) would 
be the average of the projected yields for the first 2 years of the 
rebuilding plan (2008-2009). The 2010 (and thereafter) ACL would be a 
3-year average of the projected yields for 2008-2010. The applicable 
ACLs are 394,000 lb (178,715 kg) for 2008, 426,000 lb (193,230 kg) for 
2009, and 457,000 lb (207,291 kg) for 2010 and subsequent fishing 
years. The recreational target TACs are 356,000 lb (161,479 kg) for 
2009 and 405,000 lb (183,705 kg) for 2010 and subsequent fishing years. 
Recreational landings would be evaluated relative to the applicable ACL 
as follows. For 2008, only 2008 recreational landings will be compared 
to the ACL; in 2009, the average of 2008 and 2009 recreational landings 
will be compared to the ACL; and in 2010 and subsequent fishing years, 
the 3-year running average recreational landings will be compared to 
the ACL. By averaging across multiple years, year-to-year fluctuations 
in landings resulting from recruitment variability, regulatory 
restrictions on other species, and prevailing economic conditions would 
be diminished.

Reference Points and Thresholds for Gray Triggerfish

    The Magnuson-Stevens Act requires that each fishery management plan 
define reference points in the form of MSY and OY, and specify 
objective and measurable criteria for identifying when a fishery is 
overfished (minimum stock size threshold, MSST) or undergoing 
overfishing (maximum fishing mortality threshold, MFMT). Together, 
these four parameters are intended to provide fishery managers with the 
tools to measure fishery status and performance. MSY, MFMT, and OY were 
previously specified for gray triggerfish. Amendment 30A would 
establish and define MSST as (1-M)*BMSY, where M is the 
natural mortality rate and B30%SPR is the proxy for 
BMSY. To be consistent with NMFS' precautionary approach 
guidance, Amendment 30A would also revise the current specification of 
OY, 20 percent spawning potential ratio (SPR), to be the yield 
corresponding to an F defined as FOY = 0.75*FMSY, 
where F30%SPR is the proxy for FMSY.

Availability of Amendment 30A

    Additional background and rationale for the measures discussed 
above are contained in Amendment 30A. The availability of Amendment 30A 
was announced in the Federal Register on March 31, 2008 (73 FR 16829). 
Written comments on Amendment 30A must be received by May 30, 2008. All 
comments received on Amendment 30A or on this proposed rule during 
their respective comment periods will be addressed in the preamble to 
the final rule.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with Amendment 30A, other provisions of the Magnuson-Stevens 
Act, and other applicable law, subject to further consideration after 
public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared a SEIS for this amendment. A notice of availability 
for the draft SEIS was published on December 14, 2007 (72 FR 71138).
    NMFS prepared an IRFA, as required by section 603 of the Regulatory 
Flexibility Act, for this proposed rule. The IRFA describes the 
economic impact this proposed rule, if adopted, would have on small 
entities. A description of the action, why it is being considered, and 
the objectives of, and legal basis for this action are contained at the 
beginning of this section in the preamble and in the SUMMARY section of 
the preamble. A copy of the full analysis is available from the Council 
(see ADDRESSES). A summary of the IRFA follows.
    The proposed rule would increase the recreational and commercial 
minimum size limit for gray triggerfish to 14 inches (35.6 cm) FL, 
increase the recreational minimum size limit for greater amberjack to 
30 inches (76 cm) FL, reduce the greater amberjack bag limit for 
captain and crew of for-hire vessels to zero, establish quotas for 
greater amberjack and gray triggerfish, and establish accountability 
measures for greater amberjack and gray triggerfish. The Magnuson-
Stevens Act provides the statutory basis for the proposed rule.
    No duplicative, overlapping, or conflicting Federal rules have been 
identified. This proposed rule would not alter existing reporting, 
record-keeping, or other compliance requirements.
    This proposed rule would be expected to directly affect vessels 
that operate in the Gulf of Mexico commercial reef fish fishery and 
for-hire reef fish fisheries, and reef fish dealers or processors. The 
Small Business Administration (SBA) has established size criteria for 
all major industry sectors in the U.S. including fish harvesters, for-
hire operations, fish processors, and fish dealers. A business involved 
in fish harvesting is classified as a small business if it is 
independently owned and operated, is not dominant in its field of 
operation (including its

[[Page 19043]]

affiliates), and has combined annual receipts not in excess of $4.0 
million (NAICS code 114111, finfish fishing) for all affiliated 
operations worldwide. For for-hire operations, the other qualifiers 
apply and the annual receipts threshold is $6.5 million (NAICS code 
713990, recreational industries). For seafood processor and dealers, 
rather than a receipts threshold, the SBA uses an employee threshold of 
500 or fewer persons on a full-time, part-time, temporary, or other 
basis, at all affiliated operations for a seafood processor and 100 or 
fewer persons for a seafood dealer.
    Due to incomplete 2006 and 2007 data at the time the assessments 
were conducted, 2005 fishing data were used to evaluate the expected 
economic impacts of the proposed actions. A commercial reef fish permit 
is required to operate in the Gulf of Mexico commercial reef fish 
fishery, and a moratorium on the issuance of new permits has been in 
effect since 1992. On July 1, 2005, 1,209 commercial reef fish permits 
were either active (not expired; 1,118 permits) or expired but eligible 
for renewal (91 permits), and this is assumed to comprise the universe 
of commercial harvest operations in the fishery. However, 1,285 vessels 
reported reef fish landings in 2005, including vessels that transferred 
permits during the year. While all commercial reef fish permitted 
vessels can harvest greater amberjack or gray triggerfish, only 519 
vessels landed greater amberjack and 477 vessels landed gray 
triggerfish in 2005.
    The annual average gross revenue and net income per vessel for 
vessels in the greater amberjack or gray triggerfish fishery is 
unknown. For all vessels in the commercial reef fish fishery, the 
average annual gross and net revenue, respectively, for vertical line 
vessels is estimated to range from approximately $24,100 (2005 dollars; 
$6,800 net income) to $110,100 ($28,500 net income), while the values 
for bottom longline vessels are approximately $87,600 (2005 dollars; 
$15,000 net income) to $117,000 ($25,500 net income). Some fleet 
behavior is known to exist in the commercial reef fish fishery, but the 
extent of such is unknown, though the maximum number of permits 
reported to be owned by the same entity is six. Additional permits in 
this and other fisheries (and associated revenues) may be linked 
through affiliation rules but these links cannot be made using existing 
data. Nevertheless, based on the average annual gross revenue 
information for all commercial reef fish vessels, NMFS determines, for 
the purpose of this analysis, that all commercial reef fish entities 
potentially affected by this proposed rule are small business entities.
    An estimated 1,692 vessels are permitted to operate in the Gulf of 
Mexico reef fish for-hire fishery. It is unknown how many of these 
vessels operate as headboats or charterboats, a distinction which is 
based on pricing behavior, and individual vessels may operate as both 
types of operations at different times. However, 76 vessels participate 
in the Federal headboat logbook program. Several entities own multiple 
for-hire permits, with at least one entity owning as many as 12 
permits.
    The average charterboat is estimated to generate approximately 
$77,000 (2005 dollars) in annual revenues, while the comparable figure 
for an average headboat is approximately $404,000 (2005 dollars). Based 
on the average annual gross revenue information for these vessels, NMFS 
determines, for the purpose of this analysis, that all for-hire 
entities potentially affected by this proposed rule are small business 
entities.
    An estimated 227 dealers are permitted to buy and sell Gulf of 
Mexico reef fish species. Based on vessel logbook records for 2005, 192 
of these dealers actively bought and sold greater amberjack, while 177 
bought and sold gray triggerfish. All reef fish processors would be 
included in this total since a processor must be a dealer. Dealers 
often hold multiple types of permits and operate in both Federal and 
state fisheries. It is unknown what percentage of any of the average 
dealer's business comes from either greater amberjack or gray 
triggerfish.
    Average employment information per reef fish dealer is unknown. 
Although dealers and processors are not synonymous entities, total 
employment for reef fish processors in the Southeast is estimated at 
approximately 700 individuals, both part and full time. While all 
processors must be dealers, a dealer need not be a processor. Further, 
processing is a much more labor-intensive exercise than dealing. 
Therefore, given the employment estimate for the processing sector and 
the total number of dealers operating in the reef fish fishery, NMFS 
determines that the average number of employees per dealer and 
processor does not surpass the SBA employment benchmark and, NMFS 
determines, for the purpose of this analysis, that all dealers 
potentially affected by this rule are small entities.
    This proposed action would reduce greater amberjack harvests by 26 
percent in the recreational sector and 43 percent in the commercial 
sector, and gray triggerfish harvests by 60 percent and 61 percent for 
the recreational and commercial sectors, respectively. Although the 
expected harvest reductions are large, the subsequent impact on vessel 
profits will depend on the importance of these species to vessel 
revenues. In the commercial reef fish fishery, only 120 vessels landed 
more than 1,000 lb (454 kg) of greater amberjack in 2005 and only 31 
vessels landed more than 10,000 lb (4,536 kg) of greater amberjack. For 
gray triggerfish, 44 vessels landed more than 1,000 lb (454 kg), and no 
vessels landed more than 10,000 lb (4,536 kg). Thus, 399 vessels, or 
approximately 77 percent of the fleet, landed less than 1,000 lb (454 
kg) of greater amberjack, while 433 vessels, or approximately 91 
percent of the fleet landed less than 1,000 lb (454 kg) of gray 
triggerfish. This suggests that relatively few vessels in the 
commercial reef fish fishery are dependent on greater amberjack, and 
even fewer would be expected to be dependent on gray triggerfish.
    The proposed greater amberjack actions are projected to result in a 
reduction of approximately $1.3 million in net revenues to commercial 
reef fish vessels over the 2008-2012 rebuilding period, or 
approximately $260,000 per year. This annual loss equates to an average 
of approximately $500 to $2,200 per vessel if distributed across all 
vessels landing greater amberjack (519) or just vessels landing greater 
than 1,000 lb (454 kg) (120). The proposed gray triggerfish actions are 
projected to result in a reduction of approximately $716,000 in net 
income during the 2008-2012 rebuilding period, or $145,200 per year. 
This annual loss equates to approximately $300 per vessel if 
distributed among all vessels landing gray triggerfish (477) or $3,300 
if distributed across only those vessels landing more than 1,000 lb 
(454 kg) of gray triggerfish (44).
    While for-hire vessels do not derive revenues from greater 
amberjack or gray triggerfish sales, most vessels target these species 
at some time during the year. Assuming angler demand declines in 
response to the proposed restrictions for these species, revenue and 
profit reductions can be projected. As a result of the proposed greater 
amberjack actions, the for-hire sector is projected to experience a 
loss in net income of approximately $763,000 per year, while the 
proposed gray triggerfish actions are projected to result in a loss of 
approximately $514,000 per year. If these losses were distributed 
equally across all vessels in the fishery, the

[[Page 19044]]

resulting loss per vessel would be less than $800 per vessel. Some 
vessels are likely more dependent on these species than other vessels 
due to where they fish and client preferences and, thus, may be more 
severely impacted by the proposed measures.
    Three alternatives, including the status quo, were considered for 
the action to modify the greater amberjack rebuilding plan. The 
proposed action, the status quo, would maintain the current stepped 
rebuilding plan, but would update the plan with data from the 2006 
stock assessment. The first alternative to the proposed action would 
use the same yield projections as the proposed action, but would 
increase the TAC annually instead of stepped increases. The second 
alternative to the proposed action would also increase the TAC 
annually, but would limit the total harvest over the 5 years of the 
plan to equal that under the proposed action. These alternatives were 
not selected as the proposed action because the Council believed the 
step increases would allow greater stability to the fishery while still 
allowing harvest to progressively increase.
    Three alternatives, including the status quo, were considered for 
the action to specify accountability measures for greater amberjack. 
The proposed action would implement corrective action based on single-
year fishery harvest totals. Because the greater amberjack fishery is 
nearer the end of the rebuilding plan, the single-year approach 
provides the greatest probability of ending overfishing and rebuilding 
the stock. The first alternative to the proposed greater amberjack 
accountability measures, the status quo, would not specify 
accountability measures and would not satisfy the requirements of the 
Magnuson-Stevens Act. The second alternative to the proposed greater 
amberjack accountability would trigger accountability actions on the 
single year projections for the 2008 fishing season, but trigger 
accountability measures through multi-year analyses thereafter. This 
alternative was not selected as the proposed action because multi-year 
assessment and corrective action would be expected to delay stock 
rebuilding, resulting in slower realization of benefits from a rebuilt 
stock.
    Five alternatives, including the status quo, were considered for 
the action to establish management measures for the greater amberjack 
recreational fishery. The first alternative to the proposed suite of 
management measures, the status quo, would not alter current management 
measures and would not result in sufficient harvest reduction to 
satisfy the rebuilding plan. This alternative would not, therefore, 
achieve the Council's objective. The second alternative to the proposed 
action would impose a higher size limit and thus would result in more 
adverse economic impacts. The third alternative to the proposed action 
would impose a 2-month seasonal closure. Because a closure would result 
in trip cancellations, this alternative would result in more adverse 
economic impacts than the proposed action which would simply restrict 
the catch but otherwise allow the fishery to remain open. The last 
alternative to the proposed action would impose both a seasonal closure 
and higher size limit, and thus would result in even more adverse 
economic impacts.
    Five alternatives, including the status quo, were considered for 
the action to establish management measures for the greater amberjack 
commercial fishery. The first alternative to the proposed suite of 
management measures, the status quo, would not alter current management 
measures and would not result in sufficient harvest reduction to 
satisfy the rebuilding plan. This alternative would not, therefore, 
achieve the Council's objective. The second alternative to the proposed 
action would impose a trip limit. Although this alternative would 
achieve the same reduction as the proposed action, it would tend to 
impose a more restrictive limit on fishing operations and eventually 
result in more adverse economic impacts. The third alternative to the 
proposed action would impose an even lower trip limit and has been 
estimated to result in more adverse economic impacts than the proposed 
action. The last alternative to the proposed action would add a 3-month 
seasonal closure to the existing 3-month closure. Although this would 
achieve about the same harvest reduction as the proposed action, 
fishermen have already indicated they lost a good part of their market 
to the existing 3-month closure so adding 3 more months to the existing 
closed months would only exacerbate the situations fishermen would 
face.
    Three alternatives, including sub-options and the status quo, were 
considered for the action to define stock benchmarks for gray 
triggerfish. The first alternative to the proposed action, the status 
quo, would maintain current definitions of OY and MFMT, but would not 
set an overfished threshold (MSST), which is a required component of a 
fishery management plan. This alternative would not, therefore, achieve 
the Council's objective. The second alternative to the proposed 
benchmarks would establish a less conservative MSST, i.e., 
0.5*BMSY versus the proposed 0.73*BMSY, 
increasing the risk of not maintaining a healthy resource relative to 
the proposed action.
    Three alternatives, including the status quo, were considered for 
the action to establish a gray triggerfish rebuilding plan. The first 
alternative to the proposed rebuilding plan, the status quo, would not 
establish a gray triggerfish rebuilding plan and would not achieve the 
Council's objective. The second alternative to the proposed rebuilding 
plan would establish a stepped plan rather the constant F rebuilding 
plan under the proposed action. The stepped rebuilding plan would 
increase TAC in 3-year stepped intervals with TAC in each interval set 
equal to the first year of the corresponding TAC in the constant 
FOY. This alternative is projected to result in greater 
adverse short-term economic impacts than the proposed action.
    Five alternatives were considered for the action to specify 
accountability measures for gray triggerfish. The proposed action would 
impose accountability measures for the recreational sector, with the 
period of evaluation increasing from a 1-year to a 2-year to a 3-year 
running average of landings as the rebuilding plan progresses. For the 
commercial sector, the proposed action would evaluate landings on an 
annual basis. The first alternative to the proposed gray triggerfish 
accountability measures, the status quo, would not specify 
accountability measures and would not satisfy the requirements of the 
Magnuson-Stevens Act. The second and third alternatives to the proposed 
accountability measures would require corrective action only if the 
combined harvests of both the commercial and recreational sectors 
exceed the overall target levels, differing by the type of corrective 
action, allowing either a range of management harvest reduction tools, 
such as trip, bag, season, or minimum size adjustments, or limiting the 
corrective action to season length (closure). These alternatives were 
not chosen as the proposed action because they would not preserve the 
balance of sector allocations and would not achieve the enhanced stock 
recovery benefits of the proposed action. The fourth alternative to the 
proposed accountability measures would impose the same sector-specific 
and period-of-assessment requirements of the proposed action, but would 
result in a delay of corrective action because such action could only 
be imposed via temporary rulemaking as authorized by section 305(c) of 
the Magnuson-Stevens Act as opposed to the more timely

[[Page 19045]]

publication of a notification in the Federal Register under the 
proposed action. This delay would be expected to increase the severity 
of corrective action, thereby imposing greater adverse economic impacts 
relative to the proposed action.
    Two alternatives, including the status quo, were considered for the 
action on regional gray triggerfish management. The proposed action is 
the status quo, which would not establish different gray triggerfish 
management measures for the eastern and western Gulf. The proposed 
action would manage gray triggerfish as a unit throughout the Gulf EEZ. 
The only other alternative to the proposed action would divide the 
management area for gray triggerfish into two regions, namely, east and 
west of the Mississippi river, and limit all proposed gray triggerfish 
restrictive measures to the region east of the Mississippi river. This 
alternative would be inconsistent with the identification of the 
species as a single stock throughout the Gulf of Mexico and would not 
rebuild the resource uniformly through its range and, thus, would not 
achieve the Council's objective.
    Four alternatives, including the status quo, were considered for 
the action to establish management measures for the recreational gray 
triggerfish fishery. The first alternative to the proposed suite of 
management measures, the status quo, would not alter current management 
measures and would not result in sufficient harvest reduction to 
satisfy the rebuilding plan. The second alternative to the proposed 
action would establish a bag limit and raise the size limit for gray 
triggerfish while the third alternative to the proposed action would 
impose an even lower bag limit but retain the size limit for gray 
triggerfish. These additional two alternatives would not achieve the 
necessary harvest reductions for the recreational sector and would not, 
therefore, achieve the Council's objective.
    Six alternatives, including the status quo, were considered for the 
action to establish management measures for the commercial gray 
triggerfish fishery. The first alternative to the proposed suite of 
management measures, the status quo, would not alter current management 
measures and would not result in sufficient harvest reduction to 
satisfy the rebuilding plan. The other four alternatives to the 
proposed action would: (1) establish a very low trip limit; (2) 
increase the size limit; (3) increase the size limit and impose a trip 
limit; and, (4) slightly increase the size limit and impose a lower 
trip limit. These other four alternatives are projected to result in 
greater harvest reductions than are required to satisfy the rebuilding 
plan. Also, these alternatives were not selected as the proposed action 
because specifying a quota in addition to the minimum size limit, as 
would occur under the proposed action, was expected to provide greater 
control over total harvest and better ensure that rebuilding plan goals 
are realized.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: April 2, 2008.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

    1. The authority citation for part 622 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec.  622.2, the definitions of ``accountability measures'' 
and ``annual catch limit'' are added in alphabetical order to read as 
follows:


Sec.  622.2  Definitions and acronyms.

* * * * *
    Accountability measure means a management control implemented such 
that overfishing is prevented, where possible, and mitigated if it 
occurs.
* * * * *
    Annual catch limit (ACL) means the level of catch that serves as 
the basis for invoking accountability measures.
* * * * *
    3. In Sec.  622.37, paragraphs (d)(3)(i) and (d)(3)(iv) are revised 
to read as follows:


Sec.  622.37  Size limits.

* * * * *
    (d) * * *
    (3) * * *
    (i) Gray triggerfish--14 inches (35.6 cm), fork length.
* * * * *
    (iv) Greater amberjack--30 inches (76 cm), fork length, for a fish 
taken by a person subject to the bag limit specified in Sec.  
622.39(b)(1)(i) and 36 inches (91.4 cm), fork length, for a fish taken 
by a person not subject to the bag limit.
* * * * *
    4. In Sec.  622.39, paragraph (b)(1)(i) is revised to read as 
follows:


Sec.  622.39  Bag and possession limits.

* * * * *
    (b) * * *
    (1) * * *
    (i) Greater amberjack--1. However, no greater amberjack may be 
retained by the captain or crew of a vessel operating as a charter 
vessel or headboat. The bag limit for such captain and crew is zero.
* * * * *
    5. In Sec.  622.42, paragraphs (a)(1)(v) and (a)(1)(vi) are added, 
and paragraph (a)(2) is revised to read as follows:


Sec.  622.42  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (v) Greater amberjack--503,000 lb (228,157 kg), round weight.
    (vi) Gray triggerfish--(A) For fishing year 2008--80,000 lb (36,287 
kg), round weight.
    (B) For fishing year 2009--93,000 lb (42,184 kg), round weight.
    (C) For fishing year 2010 and subsequent fishing years --106,000 lb 
(48,081 kg), round weight.
    (2) Recreational quotas. The following quotas apply to persons who 
fish for Gulf reef fish other than under commercial vessel permits for 
Gulf reef fish and the applicable commercial quotas specified in 
paragraph (a)(1) of this section.
    (i) Recreational quota for red snapper. The recreational quota for 
red snapper is 2.45 million lb (1.11 million kg), round weight.
    (ii) Recreational quota for greater amberjack. The recreational 
quota for greater amberjack is 1,368,000 lb (620,514 kg), round weight.
* * * * *
    6. In Sec.  622.43, paragraph (a)(1)(iii) is added to read as 
follows:


Sec.  622.43  Closures.

    (a) * * *
    (1) * * *
    (iii) Recreational quota for greater amberjack. The bag and 
possession limit for greater amberjack in or from the Gulf EEZ is zero.
* * * * *
    7. Section 622.49 is added to subpart C to read as follows:


Sec.  622.49  Accountability measures.

    (a) Gulf reef fish--(1) Greater amberjack--(i) Commercial fishery. 
If commercial landings, as estimated by the SRD, reach or are projected 
to reach the applicable quota specified in Sec.  622.42(a)(1)(v), the 
Assistant Administrator for Fisheries, NOAA, (AA) will file a 
notification with the Office of the Federal Register to close the 
commercial fishery for the remainder of the fishing year. In addition, 
if despite such closure,

[[Page 19046]]

commercial landings exceed the quota, the AA will file a notification 
with the Office of the Federal Register, at or near the beginning of 
the following fishing year to reduce the quota for that following year 
by the amount of the overage in the prior fishing year.
    (ii) Recreational fishery. If recreational landings, as estimated 
by the SRD, reach or are projected to reach the applicable recreational 
quota specified in Sec.  622.42(a)(2)(ii), the AA will file a 
notification with the Office of the Federal Register, to close the 
recreational fishery for the remainder of the fishing year. In 
addition, if despite such closure, recreational landings exceed the 
quota, the AA will file a notification with the Office of the Federal 
Register, at or near the beginning of the following fishing year, to 
reduce the length of the recreational fishing season for the following 
fishing year by the amount necessary to recover the overage from the 
prior fishing year. Further, during that following year, if necessary, 
the AA may file additional notification with the Office of the Federal 
Register to readjust the reduced fishing season to ensure recreational 
harvest achieves but does not exceed the intended harvest level.
    (2) Gray triggerfish--(i) Commercial fishery. If commercial 
landings, as estimated by the SRD, reach or are projected to reach the 
applicable quota specified in Sec.  622.42(a)(1)(vi), the AA will file 
a notification with the Office of the Federal Register to close the 
commercial fishery for the remainder of the fishing year. In addition, 
if despite such closure, commercial landings exceed the applicable 
annual catch limit (ACL), the AA will file a notification with the 
Office of the Federal Register, at or near the beginning of the 
following fishing year, to reduce the quota for that following year by 
the amount the prior-year ACL was exceeded. The applicable ACLs are 
105,000 lb (47,627 kg) for 2008, 122,000 lb (55,338 kg) for 2009, and 
138,000 lb (62,596 kg) for 2010 and subsequent fishing years.
    (ii) Recreational fishery. If recreational landings, as estimated 
by the SRD, exceed the applicable ACL, the AA will file a notification 
with the Office of the Federal Register reducing the length of the 
following recreational fishing season by the amount necessary to ensure 
recreational landings do not exceed the recreational target total 
allowable catch for that following fishing year. The applicable ACLs 
are 394,000 lb (178,715 kg) for 2008, 426,000 lb (193,230 kg) for 2009, 
and 457,000 lb (207,291 kg) for 2010 and subsequent fishing years. The 
recreational target total allowable catches are 356,000 lb (161,479 kg) 
for 2009 and 405,000 lb (183,705 kg) for 2010 and subsequent fishing 
years. Recreational landings will be evaluated relative to the 
applicable ACL as follows. For 2008, only 2008 recreational landings 
will be compared to the ACL; in 2009, the average of 2008 and 2009 
recreational landings will be compared to the ACL; and in 2010 and 
subsequent fishing years, the 3-year running average recreational 
landings will be compared to the ACL.
    (b) [Reserved]
[FR Doc. E8-7379 Filed 4-7-08; 8:45 am]
BILLING CODE 3510-22-S