[Federal Register Volume 76, Number 208 (Thursday, October 27, 2011)]
[Proposed Rules]
[Pages 66672-66675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27853]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-AY56


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Amendment 32

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 Fishery Management Council (Council) has 
submitted Amendment 32 to the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP) for review, approval, and 
implementation by NMFS. Amendment 32 proposes to implement a 10-year 
rebuilding plan for gag; revise the annual catch limits (ACLs) and 
accountability measures (AMs) for gag, red grouper, and shallow-water 
grouper (SWG); revise recreational annual catch targets (ACTs) for gag 
and red grouper; implement a 4-month gag recreational season; adjust 
the commercial quota for gag and SWG for 2012 through 2015 and 
subsequent fishing years; adjust multi-use individual fishing quota 
(IFQ) shares for gag and red grouper; and implement a 22-inch (56-cm) 
commercial minimum size limit for gag. The intent of Amendment 32 is to 
end overfishing of gag, allow the gag stock to rebuild, and constrain 
the harvest of red grouper consistent with the requirements of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).

DATES: Written comments must be received on or before December 27, 
2011.

ADDRESSES: You may submit comments on the amendment identified by 
``NOAA-NMFS-2011-0135'' by any of the following methods:
     Electronic submissions: Submit electronic comments via the 
Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.

[[Page 66673]]

     Mail: Peter Hood, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.
    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.
    To submit comments through the Federal e-Rulemaking Portal: http://www.regulations.gov, click on ``submit a comment,'' then enter ``NOAA-
NMFS-2011-0135'' in the keyword search and click on ``search.'' To view 
posted comments during the comment period, enter ``NOAA-NMFS-2011-
0135'' in the keyword search and click on ``search.'' NMFS will accept 
anonymous comments (enter N/A in the required field if you wish to 
remain anonymous). You may submit attachments to electronic comments in 
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
    Comments through means not specified in this notice of availability 
will not be accepted.
    Electronic copies of Amendment 32 may be obtained from the 
Southeast Regional Office Web Site at http://sero.nmfs.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office, 
NMFS, telephone 727-824-5305; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires each 
Regional Fishery Management Council to submit any fishery management 
plan or amendment to NMFS for review and approval, disapproval, or 
partial approval. The Magnuson-Stevens Act also requires that NMFS, 
upon receiving a plan or amendment, publish an announcement in the 
Federal Register notifying the public that the plan or amendment is 
available for review and comment.

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 ACLs for each 
stock/stock complex and AMs to ensure these ACLs are not exceeded. 
Amendment 32 addresses these requirements for gag, red grouper, and the 
SWG complex.
Status of Stocks
    Southeast Data, Assessment, and Review (SEDAR) stock assessment 
updates were conducted for gag and red grouper in 2009. For gag, the 
assessment indicated the gag stock was both overfished and undergoing 
overfishing. The Council was informed of this status determination in 
August of 2009. Until Amendment 32 could be completed, the Council 
requested and NMFS implemented a series of temporary rules to control 
harvest. For 2011, the gag commercial quota is 430,000 lb (195,045 kg) 
and the gag recreational season is from September 16 through November 
15 (76 FR 31874, June 2, 2011). This most recent temporary rule became 
effective June 1, 2011.
    For red grouper, a 2009 SEDAR assessment update indicated that 
although the stock continues to be neither overfished nor undergoing 
overfishing, the stock has declined since 2005. After reviewing a rerun 
of the assessment update completed in late 2010, the SSC recommended 
that the overfishing limit for red grouper be set at 8.10 million lb 
(3.67 million kg) (the equilibrium yield at FMSY (the 
fishing mortality associated with harvesting the maximum sustainable 
yield) and the allowable biological catch (ABC) be set at 7.93 million 
lb (3.60 million kg) (the equilibrium yield at FOY). For 
2011, the SSC recommended the harvest could be increased to 6.88 
million lb (3.12 million kg). A 2011 regulatory amendment is in the 
process of being implemented to set total allowable catch (TAC) at 6.88 
million lb (3.12 million kg) for 2011, and increase the red grouper TAC 
and commercial quota annually through 2015. The proposed rule to 
implement this regulatory amendment published on September 21, 2011 (76 
FR 58455) and the final rule is currently being developed.

Actions Contained in Amendment 32

Gag Rebuilding Plan

    The Council selected a 10-year rebuilding plan in Amendment 32 for 
gag. This is the maximum time frame allowed under the requirements of 
the Magnuson-Stevens Act. However, because the Council intends to 
manage the stock using the FOY yield stream (based on 
protocols from Amendment 30B), the stock is projected to be rebuilt in 
7 years. Given management uncertainties and uncertainties regarding 
stock assessment projections more than a few years in the future, a 10-
year rebuilding plan would allow for fluctuations in catches and 
provide leeway to account for the needs of fishing communities when 
setting catch levels and management measures.

ACLs and ACTs

    Based on the SSC's recommendations for ABCs for gag and red 
grouper, Amendment 32 would establish sector-specific ACLs and ACTs for 
each species based on the allocation ratios assigned for the commercial 
and recreational sectors. The allocation of gag between the commercial 
and recreational sectors is 39 percent and 61 percent, respectively. 
Amendment 32 would implement sector-specific ACLs, which when combined 
would equal to the SSCs recommended ABCs. The sector-specific ACTs for 
gag are based on the FOY yield stream which provides lower 
annual yields than the Frebuild yields used to determine the 
ABC and resulting sector ALCs. This results in sector-specific ACTs 
less than the ACLs, and helps ensure the sector-specific ACLs are not 
exceeded. Recreational landings would be evaluated relative to the ACL 
based on a moving multi-year average of landings, as described in the 
FMP. Commercial ACTs are similarly reduced from the commercial ACL 
because the management strategy follows FOY yield streams. 
However, due to the limited amount of gag IFQ allocation available for 
harvest in the initial years of the gag rebuilding plan, gag bycatch 
and discards from fishermen targeting red grouper or other fish may be 
higher than assumed in the assessment projections. Therefore, the 
Council determined the commercial gag quota should be reduced from the 
ACT by 14 percent to account for additional dead discards not accounted 
for in the assessment analyses.
    For red grouper, sector-specific ACLs are based on the current 76 
percent commercial and 24 percent recreational allocation ratio. The 
commercial quota (ACT) is being established through a separate 
rulemaking, the 2011 red

[[Page 66674]]

grouper regulatory amendment, which is expected to be effective prior 
to the implementation of Amendment 32. Amendment 32 would adjust the 
recreational ACL and ACT in a method similar to the one used for gag. 
Recreational landings would be evaluated relative to the ACL based on a 
moving multi-year average of landings, as described in the FMP.
    Because the commercial SWG ACL is the sum of the commercial gag and 
red grouper ACLs, Amendment 32 would adjust the commercial SWG ACL. 
Similarly, reductions in the gag quota correspond to reductions in the 
SWG quota. Therefore, Amendment 32 would adjust the commercial SWG 
quota.

AMs

    Amendment 32 proposes to modify the AMs for gag, red grouper, and 
SWG. AMs are intended to prevent ACLs from being exceeded or mitigate 
future harvests after ACLs have been exceeded. For the commercial 
sector, the current AMs were implemented through Amendment 30B to the 
FMP (74 FR 17603, April 16, 2009), before red grouper, gag and SWG were 
managed under an IFQ program. Therefore, the current AMs would be 
triggered if the sector exceeds the respective species' quota. However, 
the IFQ program Gulf groupers and tilefishes acts as an AM because the 
overall quota is divided among shareholders and the program includes 
controls that do not allow shareholders to exceed their individual 
allocation of the quota. To reduce redundancy in the commercial AMs, 
Amendment 32 proposes to eliminate the quota-based AM in favor of the 
existing IFQ program.
    Current recreational AMs for gag and red grouper include 
restricting future increases in harvest and shortened subsequent 
seasons, should an ACL be exceeded. However, AMs have no provisions for 
handling overages or in-season adjustments as authorized under the 
National Standard 1 guidelines (74 FR 3178, January 16, 2009). 
Amendment 32 proposes to add an overage adjustment and in-season 
recreational AMs for gag and red grouper. Should gag or red grouper be 
in a rebuilding plan and the sector ACL is exceeded, the overage 
adjustment would be equal to the full amount of the overage, unless the 
best scientific information available shows that a greater, lesser, or 
no overage adjustment is needed to mitigate the effects of the overage. 
In addition, Amendment 32 proposes that if gag or red grouper landings 
are projected to exceed the ACL, as estimated by the Southeast 
Fisheries Science Center (SEFSC), without regard to overfished status, 
the AA would file a notification closing the recreational harvest for 
the species projected to reach its ACL for the rest of the fishing year 
on the date the ACL is projected to be harvested.
    In addition to these AMs, Amendment 32 proposes an AM for 
recreational red grouper that incorporates an adaptive management 
approach should the recreational sector exceed its ACL. The Council has 
submitted a red grouper regulatory amendment for Secretarial approval, 
and NMFS has published a proposed rule (September 21, 2011, 76 FR 
58455) that includes a red grouper bag limit increase from two to four 
fish, within the four-fish aggregate grouper bag limit. The adaptive 
management AM proposed in Amendment 32 would reduce the bag limit from 
four fish to three fish if, at the end of any season, it is determined 
that the recreational sector has exceeded the recreational red grouper 
ACL. The bag limit would be reduced from three fish to two fish if, at 
the end of any subsequent season, it is determined that the 
recreational sector has exceeded its ACL again. The minimum bag limit 
for red grouper would remain at two fish, regardless if the 
recreational sector exceeded the ACL in subsequent fishing years.

Other Commercial Management Measures

    To allow for flexibility and to account for varying gag to red 
grouper quota ratios across the Gulf in the commercial grouper-tilefish 
IFQ program, at the beginning of each fishing year a percentage of the 
gag and red grouper allocation is designated as multi-use allocation, 
valid for harvesting either gag or red grouper. Currently, 4 percent of 
the red grouper allocation and 8 percent of the gag allocation are 
designated as multi-use allocation. However, under the red grouper and 
gag ACLs proposed in Amendment 32, the current multi-use allocations 
could result in commercial harvest of red grouper or gag exceeding its 
sector ACL. To prevent this from occurring, Amendment 32 proposes that 
if a stock is not under a rebuilding plan, the respective multi-use 
allocation would be based on the difference between the ACL and the 
ACT. If a stock is under a rebuilding plan, as with gag, then no multi-
use allocation would be set aside. Therefore, red grouper multi-use 
allocation would be set to zero if gag is under a rebuilding plan. The 
equations used to determine multi-use allocation for gag and red 
grouper are as follows:

Gag Multi-use (in percent) = 100*[Red Grouper ACL--Red Grouper 
Allocation]/Gag Allocation.
Red Grouper Multi-use (in percent) = 100*[Gag ACL--Gag Allocation]/Red 
Grouper Allocation.

    National Standard 9 dictates bycatch and the mortality of 
unavoidable bycatch should be minimized to the extent practicable. 
Because the commercial sector fishes in deeper waters on average than 
the recreational sector, it has a higher discard mortality rate. One 
possible way to reduce gag regulatory dead discards is to reduce the 
commercial minimum size limit so that gag that would have been 
discarded can be retained. To reduce gag discards, Amendment 32 would 
reduce the minimum size limit of gag from 24 inches (61 cm) to 22 
inches (56 cm) TL. This change could reduce discards by approximately 
30 percent, and would have the advantage of simplifying enforcement by 
having a single gag size limit for both sectors.

Other Recreational Management Measures

    In selecting a recreational management strategy, the Council 
favored achieving the longest practicable fishing season for gag, while 
maintaining the current size and bag limits and constraining harvest to 
the ACT. Therefore, Amendment 32 proposes to set the gag fishing season 
from June 1 through October 31. The current two-gag bag limit within 
the four-fish grouper aggregate bag limit and 22-inch (56-cm) TL 
minimum size limit will remain unchanged.

Proposed Rule for Amendment 32

    A proposed rule that would implement Amendment 32 has been drafted. 
In accordance with the Magnuson-Stevens Act, NMFS is evaluating 
Amendment 32 to determine whether it is consistent with the FMP, the 
Magnuson-Stevens Act, and other applicable law. If the determination is 
affirmative, NMFS will publish the proposed rule in the Federal 
Register for public review and comment.

Consideration of Public Comments

    The Council submitted Amendment 32 for Secretarial review, 
approval, and implementation. NMFS' decision to approve, partially 
approve, or disapprove Amendment 32 will be based, in part, on 
consideration of comments, recommendations, and information received 
during the comment period on this notice of availability.
    Public comments received by 5 p.m. eastern time, on December 27, 
2011,

[[Page 66675]]

will be considered by NMFS in the approval/disapproval decision 
regarding Amendment 32.

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

    Dated: October 24, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-27853 Filed 10-26-11; 8:45 am]
BILLING CODE 3510-22-P