[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)]
[Proposed Rules]
[Pages 41205-41206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18417]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BG87


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Gray Triggerfish Management 
Measures; Amendment 46

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

ACTION: Notification of availability; request for comments.

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SUMMARY: The Gulf of Mexico (Gulf) Fishery Management Council (Council) 
has submitted Amendment 46 to the Fishery Management Plan for the Reef 
Fish Resources of the Gulf of Mexico (FMP), for review, approval, and 
implementation by NMFS. Amendment 46 would establish the rebuilding 
time period for the Gulf gray triggerfish stock. Amendment 46 would 
also revise the recreational fixed closed season, recreational bag 
limit, recreational minimum size limit, and commercial trip limit. The 
purpose of Amendment 46 is to implement management measures to assist 
in rebuilding the Gulf gray triggerfish stock and to achieve optimum 
yield (OY).

DATES: Written comments must be received on or before October 30, 2017.

ADDRESSES: You may submit comments on the amendment identified by 
``NOAA-NMFS-2017-0080'' 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-2017-0080, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Lauren Waters, Southeast 
Regional Office, NMFS, 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 46, which includes an environmental 
assessment, a fishery impact statement, a Regulatory Flexibility Act 
(RFA) analysis, and a regulatory impact review, may be obtained from 
the Southeast Regional Office Web site at: http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2017/am46_gray_trigger/documents/pdfs/gulf_reef_am46_gray_trigg_final.pdf.

FOR FURTHER INFORMATION CONTACT: Lauren Waters, Southeast Regional 
Office, NMFS, 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 46 was prepared by the Council 
and implemented by NMFS through regulations at 50 CFR part 622 under 
the authority of the 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 OY from Federally managed fish stocks. These mandates are 
intended to ensure that 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 rebuild overfished stocks.
    The first Southeast Data, Assessment, and Review (SEDAR) benchmark 
stock assessment for gray triggerfish was completed in 2006 (SEDAR 9). 
SEDAR 9 indicated that the gray triggerfish stock was both overfished 
and possibly undergoing overfishing. Subsequently, Amendment 30A to the 
FMP established a gray triggerfish rebuilding plan beginning in the 
2008 fishing year (73 FR 3813; July 3, 2008). In 2011, a SEDAR 9 update 
stock assessment for gray triggerfish determined that the gray 
triggerfish stock was still overfished and was undergoing overfishing, 
and had not made adequate progress toward rebuilding. As a result of 
the SEDAR 9 update and to end overfishing, the final rule for Amendment 
37 to the FMP revised the gray triggerfish commercial and recreational 
sector annual catch limits (ACLs) and annual catch targets (ACTs), 
revised the gray triggerfish recreational sector accountability 
measures (AMs), revised the gray triggerfish recreational bag limit, 
established a commercial trip limit for gray triggerfish, and 
established a fixed closed season for the gray triggerfish commercial 
and recreational sectors (78 FR 27084; May 5, 2013). Additionally, 
Amendment 37 revised the rebuilding plan and projected that the stock 
would be rebuilt in 5 years, or by the end of 2017 fishing year.
    Since implementation of Amendment 37 in 2013, commercial harvest 
has not exceeded the commercial ACL, while the recreational sector has 
exceeded the recreational ACL or adjusted recreational ACL (that 
resulted from a ACL overage adjustment) in the 2013, 2014, 2015, and 
2016 fishing years. The most recent stock assessment for gray 
triggerfish was completed and reviewed by the Council's Scientific and 
Statistical Committee (SSC) in October 2015 (SEDAR 43). SEDAR 43 
indicated that the gray triggerfish stock was not experiencing 
overfishing but remained overfished and would not be rebuilt by

[[Page 41206]]

the end of 2017 as previously projected. On November 2, 2015, NMFS 
notified the Council that the gray triggerfish stock was not making 
adequate progress toward rebuilding and the Council subsequently began 
development of Amendment 46 to establish a new rebuilding time period 
and other management measures to achieve OY and rebuild the stock.

Actions Contained in Amendment 46

    Amendment 46 includes measures to set a rebuilding time period, 
revise the recreational fixed closed season, revise the recreational 
bag limit, revise the recreational minimum size limit, and revise the 
commercial trip limit. Additionally, Amendment 46 considers 
alternatives to the commercial and recreational ACLs and ACTs.

Rebuilding Time Period and Commercial and Recreational ACTs and ACLs

    Amendment 37 established a 5-year rebuilding time period, expiring 
in 2017, and the current gray triggerfish commercial and recreational 
ACTs and ACLs. The current commercial ACT is 60,900 lb (27,624 kg), 
round weight, and the commercial ACL is 64,100 lb (29,075 kg), round 
weight. The current recreational ACT is 217,000 lb (98,475 kg), round 
weight, and the recreational ACL is 242,200 lb (109,406 kg), round 
weight. Amendment 46 would establish a new rebuilding time period for 
the Gulf gray triggerfish stock as a result of the stock status 
determined through SEDAR 43, and maintain the current commercial and 
recreational ACLs and ACTs.
    The Council's SSC reviewed SEDAR 43 and recommended alternative 
rebuilding time periods of 8, 9, or 10 years and the acceptable 
biological catch (ABC) yield streams for each period. There is a 60 
percent probability of rebuilding the stock within these time periods 
if landings are appropriately constrained to the recommended catch 
levels. In Amendment 46, the Council considered these rebuilding time 
periods and their associated catch levels, as well as a 6-year period, 
which would be the time needed to rebuild the stock in the absence of 
fishing mortality. The Council determined that the 9-year rebuilding 
time period was as short as possible, taking into account the status 
and biology of the stock and the needs of the associated fishing 
communities. Although the ABC recommendation associated with the 9-year 
time period allowed for an increase in harvest, the Council chose to 
adopt a more conservative approach and maintain the current commercial 
and recreational ACLs and ACTs for gray triggerfish that were set 
through the final rule for Amendment 37 (78 FR 27084, May 9, 2013).

Recreational Seasonal Closure

    The current recreational seasonal closure for gray triggerfish in 
the Gulf is from June 1 through July 31, and was established in 
Amendment 37 to protect gray triggerfish during the peak spawning 
season and help constrain landings to the recreational ACT (78 FR 
27084; May 5, 2013). However, as explained above, recreational landings 
have exceeded the recreational ACL or adjusted ACL the last four years. 
Amendment 46 would establish an additional recreational fixed closed 
season for gray triggerfish from January 1 through the end of February, 
which is expected to reduce recreational landings and help rebuild the 
stock within the rebuilding time period established in Amendment 46.

Recreational Bag Limit

    The current recreational bag limit was set in Amendment 37 and is a 
2-fish per person per day limit within the overall 20-fish aggregate 
reef fish bag limit. Amendment 46 would reduce the recreational gray 
triggerfish bag limit to 1 fish per person per day within the 20-fish 
aggregate reef fish bag limit.
    As described in Amendment 46, from 2013 through 2015, approximately 
10 percent of recreational trips with reef fish landings harvested 2 
gray triggerfish within the 20-fish aggregate bag limit. NMFS expects 
the proposed change to the bag limit to reduce recreational landings by 
15 percent, which will help constrain harvest to the recreational ACT 
to allow the sector to remain open through the end of the fishing year.

Recreational Size Limit

    The current recreational minimum size limit for gray triggerfish is 
14 inches (35.6 cm), FL, and was established in Amendment 30A to the 
FMP (73 FR 38139, July 3, 2008). Amendment 46 would increase the 
minimum size limit to 15 inches (38.1 cm), FL.
    Increasing the recreational minimum size limit is expected to 
increase the gray triggerfish spawning potential by maintaining larger-
sized fish, which are more fecund, in the stock, and is expected to 
help slow recreational harvest.

Commercial Trip Limit

    The current commercial trip limit is 12 fish per trip, and was 
established in Amendment 37 to constrain commercial harvest to the 
commercial ACT and avoid an in-season closure (78 FR 27084, May 5, 
2013). Amendment 46 would increase the commercial trip limit to 16 fish 
per trip.
    As described in Amendment 46, since implementation of the 12-fish 
commercial trip limit in 2013, commercial landings have been 
consistently below the commercial ACT. Analysis of commercial trips 
demonstrated that 80 percent of trips caught 10 gray triggerfish or 
less. This indicates that gray triggerfish is primarily a non-target 
species by the commercial sector and that increasing the commercial 
trip limit would likely result in only a small change in the weight 
projected to be landed during a fishing year. However, increasing the 
commercial trip limit would allow those fishermen who encounter the 
species the opportunity to harvest more fish. This would help achieve 
OY for the stock while continuing to constrain commercial landings to 
the commercial ACT.

Proposed Rule for Amendment 46

    A proposed rule that would implement Amendment 46 has been drafted. 
In accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule to determine whether it is consistent with the FMP, the 
Magnuson-Stevens Act, and other applicable law. If that determination 
is affirmative, NMFS will publish the proposed rule in the Federal 
Register for public review and comment.

Consideration of Public Comments

    The Council has submitted Amendment 46 for Secretarial review, 
approval, and implementation. Comments on Amendment 46 must be received 
by October 30, 2017. Comments received during the respective comment 
periods, whether specifically directed to Amendment 46 or the proposed 
rule, will be considered by NMFS in its decision to approve, partially 
approve, or disapprove Amendment 46 and will be addressed in the final 
rule.
    All comments received by NMFS on Amendment 46 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: August 25, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-18417 Filed 8-25-17; 4:15 pm]
BILLING CODE 3510-22-P