[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Proposed Rules]
[Pages 11937-11939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04091]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BJ20


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Amendment 51

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 51 to the Fishery Management Plan for the Reef

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Fish Resources of the Gulf of Mexico (FMP) for review, approval, and 
implementation by NMFS. If approved by the Secretary of Commerce 
(Secretary), Amendment 51 would establish and modify status 
determination criteria and harvest levels for the gray snapper stock. 
The purposes of Amendment 51 are to end overfishing of gray snapper and 
achieve optimum yield (OY) for the stock.

DATES: Written comments must be received by April 28, 2020.

ADDRESSES: You may submit comments on Amendment 51 identified by 
``NOAA-NMFS-2019-0116'' 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-2019-0116, 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), 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 51, 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 website at https://www.fisheries.noaa.gov/action/amendment-51-establish-gray-snapper-status-determination-criteria-and-modify-annual-catch.

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 Council prepared the FMP being revised by Amendment 51, and, if 
approved, Amendment 51 would be implemented by NMFS through regulations 
at 50 CFR part 622 under the authority of the Magnuson-Stevens Act.

Background

    Gray snapper in the Gulf exclusive economic zone (EEZ) are managed 
as a single stock with a stock annual catch limit (ACL), and a stock 
annual catch target (ACT). There is no allocation between the 
commercial and recreational sectors. Gray snapper occur in estuaries 
and shelf waters of the Gulf, and are particularly abundant off south 
and southwest Florida.
    Generally, the fishing season is open year-round, January 1 through 
December 31. However, accountability measures (AMs) for gray snapper 
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 gray snapper ACL and AMs were implemented in 2012 (76 FR 
82044; December 29, 2011) and the stock ACL of 2.42 million lb (1.1 
million kg), round weight, was not exceeded between 2012 and 2018. A 
preliminary review of the most recent landings data suggest the ACL 
will also not be exceeded in 2019. However, landings in 2014 and 2016 
did exceed the ACLs proposed in Amendment 51. Unless stated otherwise, 
all weights in this notice are described in round weight.
    In 2018, the stock status of gray snapper was evaluated for the 
first time through a Southeast Data, Assessment, and Review benchmark 
stock assessment (SEDAR 51). SEDAR 51 was completed and reviewed by the 
Council's Scientific and Statistical Committee (SSC) in May 2018. The 
SSC accepted the gray snapper assessment as the best scientific 
information available and determined that the stock is experiencing 
overfishing as of 2015 because the fishing mortality rate (F) in 2015 
was greater than the maximum fishing mortality threshold (MFMT). 
However, the SSC was not able to determine if the stock is overfished 
because the maximum sustainable yield (MSY) and minimum stock size 
threshold (MSST) for gray snapper are not specified in the FMP.

Actions Contained in Amendment 51

    Amendment 51 includes actions to set the MSY, MSST, OY, and modify 
the MFMT, overfishing limit (OFL), acceptable biological catch (ABC), 
ACL and ACT for the gray snapper stock in the Gulf. Amendment 51 also 
updates the goals and objectives of the FMP.

Maximum Sustainable Yield

    SEDAR 51 could not estimate the actual MSY with the best scientific 
information available. Therefore, the Council considered alternatives 
for an MSY proxy that uses the spawning potential ratio (SPR). The SPR 
is the ratio of the average number of eggs per fish over its lifetime 
when the stock is fished compared to the same value when the stock is 
not fished. The SPR assumes that a certain amount of fish must survive 
and spawn in order to replenish the stock. Analyses of stocks with 
various life histories suggest that, in general, MSY is most commonly 
associated with the yield when fishing at an F that corresponds to an 
SPR between 30 and 40 percent.
    After reviewing the SEDAR 51 assessment, the SSC recommended that 
the MSY proxy be set at the yield when fishing at an F corresponding to 
30 percent SPR (F30SPR), which is 
consistent with the current MFMT definition. However, the Council noted 
that the Gulf red snapper proxy is set at the yield when fishing at an 
F corresponding to 26 percent SPR 
(F30SPR), which allows for a larger yield 
at a given stock size. After further analyses and review, the SSC 
determined that the yield when fishing at 
F30SPR is scientifically acceptable as a 
proxy for MSY, but maintained its previous recommendation of the more 
risk-averse MSY proxy using the yield when fishing at 
F30SPR because of the uncertainty in the 
SEDAR 51 assessment.
    The Council selected the yield when fishing at 
F30SPR for the MSY proxy. This proxy is 
consistent with the MSY proxy used for red snapper, which has a similar 
life history to gray snapper. The Council selected this proxy to 
balance protection of the gray snapper stock with the increase in 
social and economic benefits for fishers targeting the species that is 
expected to result from allowing more harvest.

Status Determination Criteria

    NMFS uses the MSST and MFMT to determine if a stock is overfished 
or undergoing overfishing, respectively. If the stock biomass falls 
below the MSST,

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then the stock is considered overfished and the Council would then need 
to develop a rebuilding plan capable of returning the stock to a level 
that allows the stock to achieve MSY on a continuing basis. In years 
when there is a stock assessment, if fishing mortality exceeds the 
MFMT, a stock is considered to be undergoing overfishing because this 
level of fishing mortality, if continued, would reduce the stock 
biomass to an overfished condition. In years in which there is no 
assessment, overfishing occurs if landings exceed the OFL.
    Currently, the MFMT is equal to 
F30SPR. Because the MSY proxy selected in 
Amendment 51 is the yield when fishing at 
F30SPR, the Council chose to modify the 
MFMT to be equal to F30SPR for 
consistency. Under this definition, projections from SEDAR 51 suggest 
overfishing ended in 2017.
    The MSST needs to be equal or less than the biomass (B) capable of 
producing MSY or MSY proxy (Bmsy (or MSY proxy)). The closer 
the MSST value is to Bmsy (or MSY proxy), the more likely a 
stock could be declared overfished due to year-to-year fluctuations in 
stock biomass, resulting in an unneeded rebuilding plan. However, if 
MSST is set too low, then rebuilding the stock to MSY levels could 
result in more stringent management measures. Consistent with other 
reef fish stocks with a defined MSST (gag, red grouper, red snapper, 
vermilion snapper, gray triggerfish, greater amberjack, and hogfish), 
the Council selected the MSST for gray snapper as 
0.50*BMSY(or MSY proxy). The Council determined 
that because the Magnuson-Stevens Act requires ACLs and AMs to prevent 
overfishing, and that any overfishing be ended immediately, it is 
unlikely that sustained overfishing would occur and cause a stock to 
fall below the MSST. Under this MSST, the result of SEDAR 51 indicate 
that the gray snapper stock would not be overfished.

Optimum Yield

    The Council determined that the OY should be the yield when fishing 
at 90 percent of FMSY (or MSY proxy). This value 
would allow for more harvest over the long term and likely have greater 
social and economic benefits, although it provides less protection to 
the stock than other values considered (the yield when fishing at 50 
and 75 percent of FMSY (or MSY proxy)). However, 
as noted previously, the ACLs and AM control yearly harvest and are 
designed to prevent overfishing.

Overfishing Limit, Acceptable Biological Catch, Annual Catch Limit, and 
Annual Catch Target

    The current OFL, ABC, and ACL for gray snapper were established in 
the Generic ACL/AM Amendment using the Council's ABC control rule for 
stocks that have not been assessed, but are stable over time (76 FR 
82044; December 29, 2011). The OFL is equal to 2.88 million lb (1.31 
million kg), which is the mean plus 2.0 standard deviations of the 
annual landings from 1998 through 2008. The ABC is equal to 2.42 
million lb (1.1 million kg), which is the mean plus 1.0 standard 
deviation of the annual landings from 1998 through 2008. The ACL is 
equal the ABC, and the ACT is 14 percent less than the ACL at 2.08 
million lb (0.9 million kg).
    Amendment 51 would modify the OFL and ABC consistent with the 
projections from SEDAR 51 for the MSY proxy selected by the Council and 
the SSC recommendations. The OFLs would be 2.58 million lb (1.17 
million kg) for 2020, and 2.57 million lb (1.166 million kg) for 2021 
and subsequent fishing years. The ABCs would be 2.51 million lb (1.14 
million kg) for 2020 and subsequent years. The Council then used its 
ACL/ACT control rule to determine that an 11 percent buffer between the 
ABCs and ACLs was appropriate to account for management uncertainty. 
This results in Gulf gray snapper stock ACLs that would be 2.24 million 
lb (1.02 million), round weight, for the 2020 fishing year. In 2021, 
and subsequent fishing years, the ACL would be set at 2.23 million lb 
(1.01 million kg), round weight.
    The gray snapper ACT is not currently used for management purposes. 
Therefore, the Council decided not to set an ACT through Amendment 51.

Proposed Rule for Amendment 51

    A proposed rule to implement Amendment 51 has been drafted. In 
accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule for Amendment 51 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 51 for Secretarial review, 
approval, and implementation. Comments on Amendment 51 must be received 
by April 28, 2020. Comments received during the respective comment 
periods, whether specifically directed to Amendment 51 or the proposed 
rule, will be considered by NMFS in its decision to approve, partially 
approve, or disapprove Amendment 51. Comments received after the 
comment periods will not be considered by NMFS in this decision. All 
comments received by NMFS on Amendment 51 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: February 25, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-04091 Filed 2-27-20; 8:45 am]
 BILLING CODE 3510-22-P