[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Proposed Rules]
[Pages 76908-76910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26616]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BG18


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Amendment 43

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 (Gulf) Fishery Management Council (Gulf 
Council) has submitted Amendment 43 to the Fishery Management Plan for 
the Reef Fish Resources of the Gulf of Mexico (FMP) for review, 
approval, and implementation by NMFS. If approved by the Secretary of 
Commerce (Secretary), Amendment 43 would revise the hogfish fishery 
management unit (FMU) to be the West Florida stock and define the 
geographic range of this stock consistent with the South Atlantic 
Fishery Management Council's (South Atlantic Council) proposed boundary 
between the Florida Keys/East Florida and West Florida stocks, set the 
status determination criteria (SDC) and annual catch limits (ACLs) for 
the West Florida stock, increase the minimum size limit for the West 
Florida stock, and remove the powerhead exception for harvest of 
hogfish in the Gulf reef fish stressed area. The purpose of Amendment 
43 is to establish management measures for the West Florida hogfish 
stock in the Gulf using the best scientific information available.

DATES: Written comments must be received by January 3, 2017.

ADDRESSES: You may submit comments on Amendment 43 identified by 
``NOAA-NMFS-2016-0126'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0126, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit all written comments to Peter Hood, NMFS 
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 
33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Electronic copies of Amendment 43, which includes an environmental 
assessment, a fishery impact statement, a Regulatory Flexibility Act 
analysis, and a regulatory impact review, may be obtained from 
www.regulations.gov or the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2016/am43/index.html.

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

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit any FMP or amendment to NMFS for 
review and approval, partial approval, or disapproval. The Magnuson-
Stevens Act also requires that NMFS, upon receiving an FMP or 
amendment, publish an announcement in the Federal Register notifying 
the public that the FMP or amendment is available for review and 
comment.
    The FMP being revised by Amendment 43 was prepared by the Gulf 
Council and, if approved, would be

[[Page 76909]]

implemented by NMFS through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Act.

Background

    Currently, hogfish in the Gulf exclusive economic zone (EEZ) are 
managed as a single stock with a stock ACL and no allocation between 
the commercial and recreational sectors. Although hogfish occur 
throughout the Gulf, they are caught primarily off the Florida west 
coast. Generally, the fishing season for both sectors is open year-
round, January 1 through December 31. However, accountability measures 
(AMs) for hogfish specify that if commercial and recreational landings 
exceed the stock ACL in a fishing year, then during the following 
fishing year if the stock ACL is reached or is projected to be reached, 
the commercial and recreational sectors will be closed for the 
remainder of the fishing year. The hogfish ACL and AMs were implemented 
in 2012 (76 FR 82044, December 29, 2011). The AMs were triggered when 
the hogfish ACL was exceeded in 2012, and the 2013 season was closed on 
December 2 because NMFS determined that the 2013 hogfish stock ACL had 
been harvested (78 FR 72583, December 3, 2013). The stock ACL was 
exceeded again in 2013. However, there was no closure in 2014, and the 
stock ACL was not exceeded in the 2014 or 2015 fishing years.
    In 2014, the Florida Fish and Wildlife Conservation Commission 
(FWC) completed the most recent stock assessment for hogfish through 
the Southeast Data, Assessment, and Review process (SEDAR 37). SEDAR 37 
divided the hogfish stock into three stocks based upon genetic analysis 
as follows: The West Florida stock, Florida Keys/East Florida stock, 
and the Georgia through North Carolina stock. The West Florida stock is 
completely within the jurisdiction of the Gulf Council and the Georgia 
through North Carolina stock is completely within the jurisdiction of 
the South Atlantic Council. The Florida Keys/East Florida stock crosses 
the Councils' jurisdictional boundary, with a small portion of the 
stock extending into the Gulf Council's jurisdiction off the west coast 
of Florida. Based on SEDAR 37 and the Gulf and South Atlantic Councils' 
Scientific and Statistical Committee (SSC) recommendations, NMFS 
determined the West Florida stock is not overfished or undergoing 
overfishing, the Florida Keys/East Florida stock is overfished and 
undergoing overfishing, and the status of the Georgia-North Carolina 
stock status is unknown.

Actions Contained in Amendment 43

    Amendment 43 includes actions to revise the FMU for hogfish to be 
the West Florida stock and define the geographic range of this stock 
consistent with the South Atlantic Council's proposed boundary between 
the Florida Keys/East Florida and West Florida stocks, and set the SDC 
and ACL for the West Florida stock. In addition, actions in Amendment 
43 increase the minimum size limit for the West Florida stock, and 
remove the powerhead exception for harvest of hogfish in the Gulf reef 
fish stressed area.

Fishery Management Unit

    The South Atlantic Council developed and submitted for review by 
the Secretary of Commerce a rebuilding plan for the Florida Keys/East 
Florida hogfish stock through Amendment 37 to the FMP for the Snapper-
Grouper Fishery of the South Atlantic Region. Because SEDAR 37 
indicated only a small portion of the Florida Keys/East Florida stock 
extends into the Gulf Council's jurisdiction off south Florida, the 
Gulf Council through Amendment 43 proposes to revise the hogfish FMU to 
be the West Florida stock and define the geographic range of this stock 
consistent with the South Atlantic Council's proposed boundary between 
the Florida Keys/East Florida and West Florida hogfish stocks near Cape 
Sable, Florida. This boundary would be a line extending west along 
25[deg]09' N. lat. to the outer boundary of the EEZ. The Gulf Council 
would manage hogfish (the West Florida stock) in the Gulf EEZ except 
south of 25[deg]09' N. lat. off the west coast of Florida. The South 
Atlantic Council would manage hogfish (the Florida Keys/East Florida 
stock) in the Gulf EEZ south of 25[deg]09' N. lat. off the west coast 
of Florida, and in the South Atlantic EEZ to the state border of 
Florida and Georgia. The boundary line near Cape Sable is south of the 
line used in SEDAR 37, which defined the West Florida stock as north of 
the Monroe and Collier County, Florida, boundary line. Therefore, it is 
possible that some fish from the Florida Keys/East Florida stock will 
be harvested under the regulations by the Gulf Council. However, the 
majority of hogfish landings in Monroe County occur in the Florida 
Keys, and the proposed boundary is far enough north of the Florida Keys 
that fishing trips originating in the Florida Keys rarely travel north 
of the boundary, and far enough south of Naples and Marco Island, 
Florida, that fishing trips originating from these locations rarely 
travel south of the boundary. In addition, the boundary line proposed 
by the Gulf and South Atlantic Councils is currently used by the FWC as 
a regulatory boundary for certain state-managed species. Using a pre-
existing management boundary will increase enforceability and help 
fishermen by simplifying regulations across adjacent management 
jurisdictions.
    In accordance with section 304(f) of the Magnuson-Stevens Act, the 
Gulf Council requested that the Secretary designate the South Atlantic 
Council as the responsible Council for management of the Florida Keys/
East Florida hogfish stock in Gulf Federal waters south of 25[deg]09' 
N. lat. near Cape Sable on the west coast of Florida. If the Gulf 
Council's request is approved, the Gulf Council would continue to 
manage hogfish in Federal waters in the Gulf, except in Federal waters 
south of this boundary. Therefore, the South Atlantic Council, and not 
the Gulf Council, would establish the management measures for the 
entire range of the Florida Keys/East Florida hogfish stock, including 
in Federal waters south of 25[deg]09' N. lat. near Cape Sable in the 
Gulf. Commercial and recreational for-hire vessels fishing for hogfish 
in Gulf Federal waters, i.e., north and west of the jurisdictional 
boundary between the Gulf and South Atlantic Councils (approximately 
the Florida Keys), as defined at 50 CFR 600.105(c), would still be 
required to have the appropriate Federal Gulf reef fish permits, and 
vessels fishing for hogfish in South Atlantic Federal waters, i.e., 
south and east of the jurisdictional boundary, would still be required 
to have the appropriate Federal South Atlantic snapper-grouper permits. 
Those permit holders would still be required to follow the sale and 
reporting requirements associated with the respective permits.
    NMFS specifically seeks public comment regarding the revised stock 
boundaries and the manner in which the Councils would have jurisdiction 
over these stocks if both Amendment 37 for the South Atlantic and 
Amendment 43 for the Gulf of Mexico are approved and implemented.

Status Determination Criteria

    Currently, the only SDC implemented for Gulf hogfish is the 
overfishing threshold, or maximum fishing mortality rate (MFMT). The 
overfished threshold, or minimum stock size threshold (MSST), and 
maximum sustainable yield (MSY) actions were disapproved when the Gulf 
Council's Sustainable Fisheries Act Generic Amendment was approved by 
NMFS on November 17, 1999. Amendment 43 would maintain the current MFMT

[[Page 76910]]

value at the fishing mortality corresponding to 30 percent of the 
stock's spawning potential ratio (SPR) 
(F30SPR). Amendment 43 would also specify 
the MSST and MSY values. The MSY proxy would equal the equilibrium 
yield at F30SPR and the MSST value would 
be equal to 75 percent of the spawning stock biomass capable of 
producing an equilibrium yield of the MSY proxy.

Annual Catch Limit

    The current ACL and annual catch target (ACT) for Gulf hogfish were 
established based on 1999 through 2008 landings. The ACL and ACT were 
set using the Gulf Council's acceptable biological catch (ABC) control 
rule for stocks that have not been assessed but are stable over time. 
Amendment 43 would set the ACL for the West Florida hogfish stock at 
219,000 lb (99,337 kg), round weight, for the 2017 and 2018 fishing 
years based on recommendations from the Gulf Council's SSC after its 
review of SEDAR 37. In 2019, and subsequent fishing years, the ACL 
would be set at the equilibrium ABC of 159,300 lb (72,257 kg), round 
weight. The Gulf Council decided to discontinue the designation of an 
ACT, because it is not used in the current AMs or for other management 
purposes.

Minimum Size Limit

    Although the West Florida hogfish stock is not overfished or 
undergoing overfishing, the stock could be subject to seasonal closures 
should landings exceed the stock ACL and AMs are triggered. In 2012 and 
2013, the stock ACL was exceeded, thus causing landings to be closely 
monitored in 2013 and 2014. This resulted in an in-season closure in 
2013 but not in 2014. To reduce the likelihood of AMs being triggered, 
the Gulf Council determined that increasing the minimum size limit in 
Federal waters from 12 inches (30.5 cm), fork length (FL), to 14 inches 
(35.6 cm), FL, could reduce the directed harvest rate and, 
consequently, reduce the probability of exceeding the stock ACL and 
triggering AMs. This action has an additional benefit of allowing the 
hogfish to grow larger and have an additional spawning opportunity 
before being susceptible to harvest.

Powerhead Exemption

    Currently, as described at 50 CFR 622.35(a), a regulatory exemption 
allows for the harvest of hogfish using powerheads in the reef fish 
stressed area. Amendment 43 would remove this exemption. The powerhead 
exemption provision is a regulatory holdover from when hogfish were 
listed as a species in the fishery but not in the reef fish FMU. 
Harvesting species in the FMU with powerheads in the stressed area was 
prohibited. By removing the powerhead exemption for hogfish, hogfish 
would be subject to the same regulations for Gulf reef fish in the 
stressed area as other species in the reef fish FMU. The coordinates 
for the reef fish stressed area are provided in 50 CFR part 622, Table 
2 in Appendix B.

Proposed Rule for Amendment 43

    A proposed rule that would implement Amendment 43 has been drafted. 
In accordance with the Magnuson-Stevens Act, NMFS is evaluating 
Amendment 43 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 Gulf Council has submitted Amendment 43 for Secretarial review, 
approval, and implementation. Comments on Amendment 43 must be received 
by January 3, 2017. Comments received during the respective comment 
periods, whether specifically directed to Amendment 43 or the proposed 
rule, will be considered by NMFS in its decision to approve, partially 
approve, or disapprove Amendment 43. Comments received after the 
comment periods will not be considered by NMFS in this decision. All 
comments received by NMFS on Amendment 43 or the proposed rule during 
their respective comment periods will be addressed in the final rule.

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

    Dated: October 31, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-26616 Filed 11-3-16; 8:45 am]
 BILLING CODE 3510-22-P