[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Rules and Regulations]
[Pages 61487-61489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28058]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

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: Notification of Agency decision.

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SUMMARY: NMFS announces the approval of Amendment 44 to the Fishery 
Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) 
as submitted by the Gulf of Mexico (Gulf) Fishery Management Council 
(Council). Amendment 44 revises minimum stock size thresholds (MSST) 
for seven stocks in the Gulf of Mexico (Gulf) reef fish fishery

[[Page 61488]]

management unit. The MSST is 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 natural fluctuations in biomass levels.

DATES: The amendment was approved December 21, 2017.

ADDRESSES: Electronic copies of Amendment 44 may be obtained from 
www.regulations.gov or the Southeast Regional Office website 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: NMFS and the Council manage the Gulf reef 
fish fishery, which includes gray triggerfish, under the FMP. The 
Council prepared the FMP and NMFS implements the FMP through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
(16 U.S.C 1801 et seq.). Amendment 44 was prepared by the Council and 
will be incorporated into the management of Gulf reef fish through the 
FMP.
    On September 25, 2017, NMFS published a notice of availability 
(NOA) for Amendment 44 and requested public comment (82 FR 44582).
    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 because their 
stock size is below MSST and are under rebuilding plans. The other four 
stocks are not considered overfished (gag, red grouper, vermilion 
snapper, and hogfish) because their stock size is above MSST.
    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 (NS1) 
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 (OFLs), annual catch limits (ACLs), and 
accountability measures (AMs), reduce the probability that sustained 
overfishing would occur and cause a stock to fall below the MSST.
    NMFS expects that with the approval of Amendment 44, the Gulf red 
snapper and gray triggerfish stocks will 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 will remain classified as overfished.

Procedural Aspects of Amendment 44

    Because none of the measures included in the amendment involve 
regulatory changes, no proposed or final rule was prepared. The 
provisions of Amendment 44 are not specified in regulations but are 
considered an amendment to the FMP.

Comments and Responses

    NMFS received 23 comments on the NOA. Twelve comments were in favor 
of approving the amendment and four were in opposition. Other comments 
received were not relevant to Amendment 44, expressing frustration with 
fishing regulations and their implementation in general. Comments 
specific to the action in Amendment 44 and NMFS' responses to those 
comments are summarized below.
    Comment 1: NMFS should disapprove Amendment 44 for several reasons. 
First, the current MSST definitions appear to be working well and are 
not likely to cause stocks from being unnecessarily declared overfished 
due to natural variability in fish populations. Second, reducing the 
MSST to 0.5 * BMSY will allow these stocks to be further 
depleted before they are declared overfished, which will increase the 
economic severity of rebuilding and put the stocks at a greater risk of 
collapse. Third, there is too much uncertainty in the stock assessments 
to lower the MSST and continue to ensure the protection of these 
stocks.
    Response: NMFS disagrees that Amendment 44 should be disapproved. 
Amendment 44 revises the MSST for seven stocks from either 0.75 * 
BMSY (hogfish) or (1-M) * BMSY (the other six 
species) to 0.5 * BMSY. The National Standard 1 Guidelines 
allow the Council to consider a variety of factors is determining the 
appropriate MSST (50 CFR 622.310(e)(2)(ii)(B)). In Amendment 44, the 
Council considered natural variability in fish populations, the time it 
would take a stock to recover from various MSST levels, and the risk of 
stock biomass declining below the MSST due to overfishing. The 
Southeast Fisheries Science Center (SEFSC) evaluated the likelihood of 
stock biomass falling below the MSST due to natural fluctuations. This 
evaluation, which is included in Appendix C of Amendment 44, found that 
when recruitment and natural mortality estimates are varied, stock 
biomass levels declining below MSST at the (1-M) * B BMSY 
level for reasons other than overfishing ranged from 5 to 30 percent 
depending on a species' life history characteristics. This likelihood 
of a stock declining below MSST increases as the as natural mortality 
rate decreases. Therefore, the Council determined, and NMFS agrees, 
that there is concern that some stocks with

[[Page 61489]]

low natural mortality rates could be determined to be overfished 
because of natural variations in the population and the small buffers 
between MSST and BMSY.
    The SEFSC also analyzed how long it would take stocks with various 
life history characteristics to recover from various MSST levels. This 
analysis is included in Appendix D of Amendment 44 and found that for 
all species analyzed (including red snapper and gray triggerfish), 
recovery would occur in the absence of fishing mortality in 10 years or 
less under any of the MSST levels, including the MSST of 0.5 * 
BMSY. The Council understood that specifying an MSST of 0.5 
* BMSY could result in the need for a restrictive rebuilding 
plan if a stock was determined to be overfished. However, the Council 
determined, and NMFS agrees, that the risk of sustained overfishing 
causing a stock to become overfished is minimal given the requirement 
to prevent overfishing and use of OFLs, ACLs, and AMs, to achieve this 
objective.
    With respect to stock assessments, there is a level of uncertainty 
in the data used. However, consistent with National Standard 2, these 
assessments use the best scientific information available to provide 
information on stock status. In addition, for the reasons stated above, 
the Council determined that the revised MSSTs, when used in combination 
with OFLs, ACLs, and AMs, will continue to provide the appropriate 
level of protection for these stocks. Thus, it is not appropriate to 
disapprove Amendment 44 based on uncertainty in the stock assessments.
    Comment 2: This action to revise the MSST will result in a decrease 
in the allowable catch for these stocks.
    Response: Revising the MSST will not directly affect catch levels 
for the seven stocks in Amendment 44. The MSST is the threshold used to 
determine whether a stock is overfished. If the stock biomass falls 
below MSST, the stock is considered to be overfished and a rebuilding 
plan is required. Therefore, the MSST may indirectly affect catch 
levels for a stock if harvest needs to be restricted for some period of 
time so the stock can recover. However, of the seven stocks included in 
Amendment 44, four are not overfished (gag, red grouper, vermilion 
snapper, and hogfish) and that determination will not change with the 
revision to the MSSTs for these stocks. The remaining three stocks (red 
snapper, gray triggerfish, and greater amberjack) are currently 
classified as overfished but, with the approval of Amendment 44, NMFS 
expects that red snapper and gray triggerfish stocks will be 
reclassified as not overfished. However, they will still be subject to 
their respective rebuilding plans until BMSY is reached. The 
greater amberjack stock would continue to be classified as overfished 
until that stock's biomass exceeds the MSST of 0.5 * BMSY.
    Comment 3: NMFS must revisit the previous rulemaking that 
implemented the quota overage adjustment (payback) for the red snapper 
recreational sector to correct an error in the regulations that links 
the recreational payback to ``overfished'' status as opposed to 
``rebuilding status.''
    Response: NMFS disagrees that it is necessary to revisit the 
rulemaking that implemented the red snapper recreational AMs (80 FR 
14328, March 19, 2015). The reference to overfished status in the red 
snapper recreational AM in 50 CFR 622.41(q)(2)(ii) was not an error. 
This provision was added to the regulations through a framework action 
in 2015. Although the framework action referred to ``rebuilding,'' the 
codified text for the framework that was reviewed and deemed necessary 
by the Council linked the quota payback provision to overfished status, 
which was consistent with the other payback provisions for Gulf-managed 
species that were already in effect prior to that time, such as those 
for gray triggerfish (50 CFR 622.41(b)(2)(ii)), gag (50 CFR 
622.41(d)(2)(iii)), and red grouper (50 CFR 622.41(e)(2)(iii)).
    Although the approval of Amendment 44 may result in the red snapper 
stock no longer being classified as overfished because the biomass for 
this stock is currently estimated to be greater than 50 percent of 
BMSY, the stock continues to be subject to the rebuilding 
plan established in Amendment 27 to the FMP (73 FR 5117, January 29, 
2008). NMFS is required to review the rebuilding progress at routine 
intervals and notify the Council if there has been inadequate progress 
toward rebuilding. If notified, the Council would be required to take 
action consistent with the rebuilding plan requirements in section 
305(e) of the Magnuson-Stevens Act.
    In addition, NMFS and the Council have reduced the likelihood of 
the red snapper recreational ACL being exceeded by the use of 
recreational annual catch targets (ACTs) to set the Federal charter 
vessel/headboat (for-hire) and the private angling component 
recreational season lengths. However, if an overage of the recreational 
ACL does occur more than once in the last 4 years, the National 
Standard 1 Guidelines advise the Council to reevaluate the system of 
ACLs and AMs, and if necessary, modify the system to improve its 
performance and effectiveness (50 CFR 600.310(e)(7)). If the ACL is 
exceeded to such an extent that overfishing occurs, the Guidelines 
state that the Secretary of Commerce will immediately notify the 
Council and the Council should evaluate the cause of overfishing, 
address the issue that caused overfishing, and reevaluate the ACLs and 
AMs to make sure they are adequate (50 CFR 600.310(j)). All of these 
safeguards will help ensure that the ACLs and AMs continue to function 
effectively to prevent overfishing and rebuild the stock consistent 
with the established rebuilding plan.

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

    Dated: December 21, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2017-28058 Filed 12-27-17; 8:45 am]
 BILLING CODE 3510-22-P