[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Rules and Regulations]
[Pages 34811-34813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12339]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[RTID 0648-XB046]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish and Red Drum Fisheries of the Gulf of Mexico; Amendments 48/5

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

ACTION: Notice of Agency decision.

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SUMMARY: NMFS announces the approval of Amendment 48 to the Fishery 
Management Plan (FMP) for Reef Fish Resources of the Gulf of Mexico and 
Amendment 5 to the FMP for the Red Drum Fishery of the Gulf of Mexico 
(Amendments 48/5), which are combined in a single document as submitted 
by the Gulf of Mexico (Gulf) Fishery Management Council (Gulf Council). 
Amendments 48/5 establish or modify maximum sustainable yield (MSY) 
proxies, maximum fishing mortality thresholds (MFMTs), minimum stock 
size thresholds (MSSTs), and optimum yield (OY) for stocks in the Reef 
Fish and Red Drum FMPs. The need for this action is to

[[Page 34812]]

have biological reference points that can be used for determining 
status of the stocks or stock complexes consistent with the 
requirements of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).

DATES: The amendment was approved June 3, 2022.

ADDRESSES: Electronic copies of Amendments 48/5 may be obtained from 
www.regulations.gov or the Southeast Regional Office website at http://sero.nmfs.noaa.gov. Amendments 48/5 include an environmental assessment 
and 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 Gulf Council manage the Gulf 
reef fish fishery and the red drum fishery under the respective FMPs. 
The Gulf Council prepared the FMPs and NMFS implements the FMPs through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Act. Amendments 48/5 were prepared by the Gulf Council and will 
be incorporated into the management of Gulf reef fish and red drum 
through the respective FMPs.

Background

    On March 9, 2022, NMFS published a notice of availability (NOA) for 
Amendments 48/5 and requested public comment (87 FR 13274). NMFS did 
not receive any public comments on the NOA.
    The Magnuson-Stevens Act and the National Standard 1 Guidelines 
require that FMPs specify a number of reference points for managed fish 
stocks, including maximum sustainable yield (MSY) or MSY proxy, and 
optimum yield, as well as status determination criteria (SDC), 
including an MFMT or an overfishing limit (OFL), and an MSST. These SDC 
represent the point at which a stock is determined to be overfished 
(i.e., below MSST) or experiencing overfishing (i.e., above MFMT or 
OFL). In 1999, the Gulf Council submitted the Generic Sustainable 
Fisheries Act (SFA) Amendment, which proposed definitions of MSY, OY, 
MFMT, and MSST for all reef fish stocks. NMFS approved most of the MFMT 
criteria, but disapproved all of the definitions for MSY, OY, and MSST 
because they were not based on biomass.
    While NMFS refers to the document as ``Amendments 48/5'' in this 
notice of Agency decision, each amendment applies separately to the 
stocks in the respective FMPs. Amendment 5 applies to the red drum 
stock. Amendment 48 applies to several reef fish stocks and stock 
complexes that either have not been assessed or were assessed but still 
require stock status determinations.
    These include: cubera snapper, lane snapper, goliath grouper, the 
shallow-water grouper complex (scamp, black grouper, yellowmouth 
grouper, and yellowfin grouper), the deep-water grouper complex 
(yellowedge grouper, warsaw grouper, snowy grouper, and speckled hind), 
the tilefish complex (golden tilefish, blueline tilefish, and goldface 
tilefish), the jacks complex (lesser amberjack, almaco jack, and banded 
rudderfish), and the mid-water snapper complex (wenchman, silk snapper, 
blackfin snapper, and queen snapper). Amendments 48/5 also addresses 
four reef fish stocks that have been assessed and have known stock 
status determinations: hogfish, mutton snapper, yellowtail snapper, and 
black grouper. Amendment 43 to the Reef Fish FMP established references 
points and SDC for hogfish. However, OY for hogfish was not defined 
there and is addressed in Amendments 48/5. Mutton snapper, yellowtail 
snapper, and black grouper, which occur in both the Gulf Council and 
South Atlantic Fishery Management Council areas of jurisdiction but are 
managed separately under each Council's FMPs, have reference points and 
SDC specified in the South Atlantic Snapper-Grouper FMP, but not in the 
Gulf Reef Fish FMP. With respect to black grouper, that species is 
managed by the South Atlantic Council as a single stock but is managed 
by the Gulf Council as part of the shallow-water grouper complex.
    The NOA includes a detailed description of the biological 
references points and status determination criteria established in 
Amendments 48/5. A summary is provided below.

Maximum Sustainable Yield

    The MSY is the largest long-term average catch or yield that can be 
taken from a stock or stock complex under prevailing ecological, 
environmental conditions and fishery technological characteristics 
(e.g., gear selectivity), and the distribution of catch among fleets. 
However, the actual MSY can rarely be estimated with certainty because 
of the difficulty in accurately estimating the relationship between the 
size of the spawning stock and the subsequent annual recruitment. As a 
result, proxies for MSY are typically used because they are easier to 
measure. Generally, MSY proxies used for fish species in the Gulf are 
based on some percentage of spawning potential ratio (SPR) and are 
expressed as the yield when fishing at FPROXY (where F is 
fishing mortality rate). In using SPR, NMFS assumes that a certain 
amount of fish must survive and spawn in order to replenish the stock, 
thus SPR represents the average number of eggs per fish over its 
lifetime when the stock is fished, compared to the average number of 
eggs per fish over its lifetime when the stock is not fished.
    For reef fish stocks and stock complexes with the exception of 
goliath grouper, the MSY proxy selected by the Gulf Council is the 
yield when fishing at F30% SPR. For 
goliath grouper, the Gulf Council selected a more conservative MSY 
proxy because this species is more vulnerable to overfishing because of 
its long life-span and slow growth rate. The goliath grouper MSY proxy 
is the yield when fishing at F40% SPR.
    The harvest of red drum is prohibited in Federal waters, but 
fishing is allowed in state waters under management measures developed 
by the respective Gulf state marine fisheries agencies. These agencies 
manage the stock to achieve a 30 percent escapement rate from state to 
Federal waters. Thus, Amendment 5 defines the red drum MSY proxy as the 
yield that provides for an escapement rate of juvenile fish to the 
spawning stock biomass (SSB) equivalent to 30 percent of those that 
would have escaped had there been no inshore state-waters fishery.
    Amendments 48/5 also adopt a streamlined procedure for future 
specification of the MSY proxies for reef fish stocks and red drum that 
will allow the Gulf Council to adopt an MSY proxy recommended by the 
SSC by including a discussion of the change in a plan amendment. If the 
Gulf Council chooses to use this procedure, which would not include the 
consideration of alternatives to the MSY proxy recommended by the SSC, 
NMFS expects the Gulf Council to document its rationale for that 
decision. If more than one MSY proxy is supported by the best 
scientific information available, NMFS expects the Gulf Council to 
provide an appropriate analysis of these alternatives.

Maximum Fishing Mortality Thresholds

    MFMT is the rate of fishing mortality above which a stock is 
experiencing overfishing. To keep MFMT consistent with the proposed MSY 
proxies, Amendments 48/5 set this threshold for the relevant stocks 
equal to the F at the MSY proxy for each stock or stock complex as 
discussed above.

[[Page 34813]]

Minimum Stock Size Thresholds

    The MSST is a biomass reference point that measures how many fish 
are left in the water rather than how many fish are caught, and 
determines at what biomass level a stock or stock complex is 
overfished. The MSST can be specified in terms of pounds of fish, 
numbers of fish, or the expected egg production from the SSB of the 
adult stock. The long-term average size of a stock that results from 
harvesting at MSY is called the biomass at MSY (BMSY). The 
MSST is generally set at some level below BMSY, but cannot 
be set lower than 50 percent of BMSY. The greater the 
difference between BMSY and MSST, the less likely a stock is 
to be declared overfished, but the more difficult it may be to rebuild 
the stock back to BMSY should the stock size fall below 
MSST.
    In Amendments 48/5 the Gulf Council set MSST at 
0.75*BMSY (or proxy) for all of the stocks and stock 
complexes for which the Council also established an MSY and MFMT. The 
Gulf Council also considered and selected an additional alternative 
that would apply only to those individual stocks that span both the 
South Atlantic and Gulf Councils' areas of jurisdiction and would set 
MSST consistent with the MSST specified by the South Atlantic Council. 
These stocks are goliath grouper, black grouper, mutton snapper, and 
yellowtail snapper. The MSST specified by the South Atlantic Council is 
0.75*BMSY (or proxy) for black grouper, mutton snapper, and 
yellowtail snapper, and (1-M)*BMSY (or proxy) for goliath 
grouper.
    As discussed previously, and unlike the South Atlantic Council, the 
Gulf Council manages black grouper as part of the shallow water grouper 
complex, not as a single stock. Therefore, although black grouper was 
included in preferred alternative 5 that addressed the other three 
stocks that span both the South Atlantic and Gulf Councils' areas of 
jurisdiction, Amendment 48 does not consider specifying an MSY for 
black grouper as a single stock. Instead, consistent with the Gulf 
Council's current management of this stock, Amendment 48 specifies an 
MSY for the entire shallow-water grouper complex, which includes black 
grouper.
    NMFS is approving the MSST for the shallow-water grouper complex as 
well as the MSST for black grouper, both of which are specified in 
Amendment 48 as 0.75*BMSY (or proxy). However, because 
Amendment 48 did not establish an MSY or MFMT for black grouper, NMFS 
encourages the Gulf Council to do so. Having the complete suite of 
biological reference points and SDC for black grouper in both the South 
Atlantic and Gulf FMPs would help inform the next stock assessment, 
which is scheduled to be complete in 2025.

Optimum Yield

    Amendment 48 sets set OY at 90 percent of the MSY or MSY proxy for 
all reef fish stocks addressed in the amendment with the exception of 
goliath grouper. For goliath grouper, the Council set OY at zero, which 
reflects that harvest is prohibited.
    For red drum, the Gulf Council decided to keep the existing OY 
definition, which is based on a 1987 SEFSC stock assessment that 
concluded under certain escapement rates of juveniles, the stock could 
rebuild. This OY definition is: (1) all red drum commercially and 
recreationally harvested from Gulf state waters landed consistent with 
state laws and regulations under a goal of allowing 30 percent 
escapement of the juvenile population; and (2) all red drum 
commercially or recreationally harvested from the Primary Area 
(Louisiana, Mississippi, and Alabama) of the exclusive economic zone 
(EEZ) under the total allowable catch (TAC) level and allocations 
specified under the provisions of the Red Drum FMP, and a zero-
retention level from the Secondary Areas (Florida and Texas) of the 
EEZ. The red drum TAC for the Gulf EEZ has been zero since 1988 with 
the implementation of Amendment 2 to the Red Drum FMP and harvest in 
the EEZ is prohibited (53 FR 34662; June 29, 1988). Therefore, to 
achieve the OY, the Gulf states have independently and cooperatively 
implemented red drum regulations to achieve a 30 percent or greater 
escapement rate to the spawning stocks for each year class.

Procedural Aspects of Amendments 48/5

    Because none of the measures included in the amendments involve 
regulatory changes, no proposed or final rule was prepared. The 
provisions of Amendments 48/5 are not specified in Federal regulations 
but are considered an amendment to the respective FMPs.

Comments and Responses

    NMFS did not receive any public comments on the NOA, either in 
favor of, or in opposition to approving Amendments 48/5. There have 
been no changes to Amendments 48/5 based on NOA public comment.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: June 3, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2022-12339 Filed 6-7-22; 8:45 am]
BILLING CODE 3510-22-P