[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Notices]
[Pages 44582-44583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20396]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF539


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Amendment 44

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 (Council) 
has submitted Amendment 44 to the Fishery Management Plan for the Reef 
Fish Resources of the Gulf of Mexico (FMP) for review, approval, and 
implementation by NMFS. Amendment 44 would revise minimum stock size 
thresholds (MSST) for seven stocks in the Gulf of Mexico (Gulf) reef 
fish fishery management unit. The MSST would be revised for the gag, 
red grouper, red snapper, vermilion snapper, gray triggerfish, greater 
amberjack, and hogfish stocks. The need for Amendment 44 is to provide 
a sufficient buffer between spawning stock biomass at maximum 
sustainable yield (BMSY) and MSST to reduce the likelihood 
that stock status changes frequently between overfished and not 
overfished as a result of scientific uncertainty or naturalfluctuations 
in biomass levels.

DATES: Written comments on Amendment 44 must be received by November 
24, 2017.

ADDRESSES: You may submit comments on Amendment 44 identified by 
``NOAA-NMFS-2017-0101'' 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-2017-0101, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit 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 44 may be obtained from 
www.regulations.gov or the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov. Amendment 44 includes an environmental assessment 
and a fishery impact statement.

FOR FURTHER INFORMATION CONTACT: Peter Hood, NMFS Southeast Regional 
Office, telephone: 727-824-5305, or 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 a plan or 
amendment, publish an announcement in the Federal Register notifying 
the public that the FMP or amendment is available for review and 
comment.
    Amendment 44 to the FMP was prepared by the Council and, if 
approved, would be incorporated into the management of Gulf reef fish 
through the FMP.

Background

    In 1999, the Council submitted the Generic Sustainable Fisheries 
Act Amendment to comply with status determination criteria (SDC) 
requirements of the Sustainable Fisheries Act of 1996. NMFS approved 
most of the fishing mortality threshold (MFMT) criteria, but 
disapproved all of the definitions for maximum sustainable yield (MSY), 
optimum yield (OY), and MSST. The Council subsequently began 
establishing these reference points and SDC on a species-specific basis 
as stock assessments were later conducted, and is currently preparing a 
plan amendment to address all of the unassessed reef fish stocks. 
Amendment 44 focuses on those assessed stocks with MSSTs, which are 
gag, red grouper, red snapper, vermilion snapper, gray triggerfish, 
greater amberjack, and hogfish. Red snapper, gray triggerfish, and 
greater amberjack are currently considered overfished and are under 
rebuilding plans. The other 4 stocks are not considered overfished 
(gag, red grouper, vermilion snapper, and hogfish).
    For most of the assessed federally managed reef fish stocks in the 
Gulf with defined MSSTs, the overfished status, when applied, has been 
evaluated using the formula:
    (1-M) * BMSY (M is the natural mortality rate and B is a 
measure of stock biomass). For some stocks that have a very low natural 
mortality rate, the formula (1-M) * BMSY results in an MSST 
that is very close to the BMSY. For example, red snapper is 
a moderately long-lived fish that has a natural mortality rate of about 
0.1. The above formula results in an MSST of 90 percent of 
BMSY. In such situations it can be difficult to determine if 
a stock is actually less than MSST due to the imprecision and accuracy 
of the data used in stock assessments. In addition, natural 
fluctuations in stock biomass levels around the BMSY level 
may temporarily reduce the stock biomass to be less than MSST. Setting 
a greater buffer between BMSY and MSST can reduce the risk 
of mistakenly declaring a stock overfished.
    In Amendment 44, the Council evaluated MSSTs ranging from 
0.85*BMSY (or proxy) to 0.50*BMSY (or proxy), and 
selected 0.50*BMSY (or proxy) as its preferred alternative. 
This is consistent with the National Standard 1 guidelines and reduces 
the likelihood of a stock being declared overfished as a result of 
scientific uncertainty or natural fluctuations in biomass levels. 
Setting the MSST at this level could result in a very restrictive 
rebuilding plan if the biomass level of a stock drops below the MSST 
and NMFS declares that the stock is overfished. However, the Council 
determined that the requirements for overfishing limits, annual catch 
limits, and accountability measures, reduce the probability that 
sustained overfishing would occur and cause a stock to fall below the 
MSST.
    The MSST proposed in Amendment 44 is used for at least some stocks 
managed by three of the other regional fishery management councils (New 
England, Mid-Atlantic, and North Pacific). If this MSST definition is

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approved, NMFS expects that the Gulf red snapper and gray triggerfish 
stocks would be reclassified as not overfished, but rebuilding, because 
the biomass for these two stocks is currently estimated to be greater 
than 50 percent of BMSY. The greater amberjack stock would 
remain classified as overfished.

Procedural Aspects of Amendment 44

    The Council has submitted Amendment 44 for Secretarial review, 
approval, and implementation. NMFS' decision to approve, partially 
approve, or disapprove Amendment 44 will be based, in part, on 
consideration of comments, recommendations, and information received 
during the comment period on this notice of availability. After 
consideration of these factors, and consistency with the Magnuson-
Stevens Act and other applicable laws, NMFS will publish a notice of 
agency action in the Federal Register announcing the Agency's decision 
to approve, partially approve, or disapprove Amendment 44. Because none 
of the measures included in the amendment involve regulatory changes, 
no proposed or final rule is required at this time. If approved, the 
provisions of Amendment 44 would not be specified in regulations but 
would be considered an amendment to the FMP.

Consideration of Public Comments

    Comments on Amendment 44 must be received by November 24, 2017. 
Comments received during the comment period for this notice of 
availability will be considered by NMFS in its decision to approve, 
partially approve, or disapprove Amendment 44. Comments received after 
the comment period will not be considered by NMFS in this decision. All 
comments received by NMFS during the comment period will be addressed 
in the notice of agency action.

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

    Dated: September 19, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2017-20396 Filed 9-22-17; 8:45 am]
 BILLING CODE 3510-22-P