[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Rules and Regulations]
[Pages 77526-77528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27353]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 220720-0159]
RIN 0648-BL63


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack Management 
Measures

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

ACTION: Temporary rule; emergency action extended.

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SUMMARY: NMFS issues this temporary rule to extend the expiration date 
of emergency measures implemented for the greater amberjack stock in 
the Gulf of Mexico (Gulf). As requested by the Gulf of Mexico Fishery 
Management Council (Council), NMFS published a temporary rule for 
emergency action on July 25, 2022, to modify the greater amberjack 
recreational fixed closed season for the 2022-2023 fishing year in the 
Gulf exclusive economic zone (EEZ) to be August 1 through 31, 2022, and 
November 1, 2022, through July 31, 2023 (open September 1, 2022, 
through

[[Page 77527]]

October 31, 2022). The purpose of this rulemaking is to extend the 
measures implemented in the emergency action while the Council develops 
long term management measures to reduce overfishing of Gulf greater 
amberjack.

DATES: The expiration date for the temporary rule published at 87 FR 
44027, July 25, 2022 is extended from January 23, 2023, through July 
28, 2023, unless NMFS publishes a superseding document in the Federal 
Register.

ADDRESSES: Electronic copies of the documents in support of this 
temporary rule may be obtained from the NMFS Southeast Regional Office 
website at: https://www.fisheries.noaa.gov/action/emergency-action-modification-greater-amberjack-recreational-fixed-closed-season.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, telephone: 727-824-
5305 or email: [email protected].

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf is managed 
under the Fishery Management Plan for the Reef Fish Resources of the 
Gulf of Mexico (FMP). The FMP was prepared by the Council and is 
implemented through regulations at 50 CFR part 622 under the authority 
of the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act). The Magnuson-Stevens Act provides the legal 
authority for the promulgation of emergency regulations under section 
305(c) (16 U.S.C. 1855(c)).

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the optimum yield (OY) from federally managed fish stocks. These 
mandates are intended to ensure 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 end overfishing and rebuild 
overfished stocks. At its June 2022 meeting, in accordance with Section 
305(c)(3) of the Magnuson-Stevens Act, the Council requested NMFS 
promulgate an emergency regulation to protect the greater amberjack 
resource, due to recently discovered circumstances which present 
serious conservation issues to the stock. NMFS promulgated that rule in 
July 2022, effective through January 23, 2023, and is now extending the 
effective date for an additional 186 days (87 FR 44027, July 25, 2022).
    All weights provided in this temporary rule, unless otherwise 
noted, are given in round weight.

Current Status of Greater Amberjack Stock and Council Emergency Action 
Request

    Greater amberjack has been under a rebuilding plan since 2003. In 
October 2020, a Southeast Data, Assessment, and Review (SEDAR) 
assessment (SEDAR 70) was completed and showed that the greater 
amberjack stock is still overfished and has been undergoing overfishing 
almost continuously since 1980. NMFS informed the Council of these 
determinations in a letter dated April 7, 2021. The Magnuson-Stevens 
Act specifies that the Council must prepare and implement measures to 
end overfishing and rebuild the stock within 2 years of this 
notification. At its October 2022 meeting, the Council approved 
Amendment 54 to the FMP, which would significantly reduce the greater 
amberjack catch limits consistent with the results of SEDAR 70 and the 
recommendation of the Council's Scientific and Statistical Committee 
(SSC).
    The Council's SSC reviewed the SEDAR 70 results at its January 2021 
meeting, accepted the assessment as the best scientific information 
available, and agreed that greater amberjack was still overfished and 
undergoing overfishing. The SSC provided recommendations for a reduced 
overfishing limit (OFL) and acceptable biological catch (ABC) so that 
the stock could rebuild by 2027, the current target rebuilding time. 
The Council discussed the SSC's recommendations at its January 2021 
meeting and instructed staff to begin work on an FMP amendment 
(Amendment 54) to update the rebuilding plan and end overfishing of 
greater amberjack.
    The SSC provided updated catch level recommendations in November 
2021. When the Council reviewed more detailed alternative catch level 
projections in April 2022, it became clear that because the 
recreational fishing year occurs over 2 calendar years and the reduced 
catch levels in Amendment 54 would not be implemented until the later 
part of the fishing year, more immediate action might be necessary to 
constrain recreational harvest while the Council works to finalize the 
new catch limits. Therefore, in June 2022, the Council reviewed options 
to modify the recreational fixed closed season to help constrain 
harvest to the reduced catch levels under consideration in Amendment 
54.
    At that time, recreational harvest of greater amberjack was closed 
from November through April and June through July. This means that 
harvest was allowed during the months of August through October, and 
the month of May. The Council requested that NMFS modify the fixed 
closed season for the 2022-2023 fishing year so that harvest is allowed 
only during the months of September and October in 2022. NMFS received 
the Council request in a letter dated July 5, 2022, and implemented the 
emergency regulation on July 25, 2022, consistent with the Council 
request (87 FR 44027, July 25, 2022). That rule is currently effective 
through January 23, 2023. NMFS is extending the effective date of that 
rule to prohibit harvest in May 2023 as requested by the Council and to 
allow NMFS sufficient time to review, and if approved, implement 
Amendment 54.

Comments and Responses

    Section 305(c)(3)(B) of the Magnuson-Stevens Act allows NMFS to 
extend the effective date of an emergency regulation if the public is 
provided the opportunity to comment on the emergency regulation and the 
Council is actively preparing a plan amendment to address the emergency 
on a permanent basis. NMFS solicited public comment in the July 25, 
2022, temporary rule, noting that the rule could be extended for an 
additional 186 days.
    NMFS received five comments on the temporary rule for emergency 
action for Gulf greater amberjack. In general, the comments were 
opposed to the change to the recreational fishing season implemented in 
the temporary rule and stated other measures could be taken or that no 
action was necessary. Some comments suggested changes to management 
measures that are outside the scope of the temporary rule, such as 
implementing a tag program for non-residents, and are therefore not 
addressed further. Specific comments related to the emergency action 
are grouped by topic and summarized below, followed by NMFS' respective 
responses.
    Comment 1: The data used to project greater amberjack recreational 
landings are flawed.
    Response: NMFS used the best scientific information available to 
project when Gulf greater amberjack landings would reach the reduced 
recreational catch limits under consideration in Amendment 54. NMFS 
determined that recreational landings in recent years would be the best 
predictor of future landings. Therefore, NMFS used recreational 
landings data for the 2019-2020, 2020-2021, and 2021-2022

[[Page 77528]]

fishing years that were generated by the Marine Recreational 
Information Program, the Texas Parks and Wildlife Department Creel 
Survey, the Louisiana Creel survey, and the NMFS Headboat Survey. The 
NMFS Southeast Fisheries Science Center and Southeast Regional Office 
reviewed these data and made applicable adjustments to recreational 
landings projections consistent with established protocols. To predict 
recreational landings in August, September, and October of 2022, NMFS 
used a 3-year average of monthly landings from 2019, 2020, and 2021. To 
predict recreational landings for May of 2023, NMFS used a 2-year 
average of 2020 and 2021 May landings because the recreational sector 
was closed in May 2019 and the May 2022 recreational landings were not 
available at the time of the analysis. The Council used these 
projections to determine how best to modify the recreational fixed 
closed and chose the alternative that provides the greatest number of 
days without exceeding the expected reduced recreational catch limit.
    Comment 2: NMFS should implement a one fish per vessel recreational 
limit instead of changing the greater amberjack recreational fixed 
closed season.
    Response: The Council did not request, and NMFS did not consider 
implementing a recreational vessel limit to reduce recreational 
landings. Previous analysis conducted for Amendment 35 to the FMP 
indicated that a one fish per vessel limit would not have achieved the 
harvest reduction needed to avoid an overage of the recreational catch 
limits proposed under Amendment 54. Further, when recreational vessel 
limits, in general, have been considered in the past there has been 
little support from the Council and constituents. Therefore, NMFS 
implemented the revised recreational fixed closed season, which was 
supported by the Council and projected to meet the needed harvest 
reductions.
    Comment 3: The greater amberjack commercial sector should be closed 
in addition to the recreational sector.
    Response: NMFS disagrees that it is necessary to close the 
commercial sector. The commercial sector already has a fixed closed 
season in effect for the months of March, April, and May, and has 
projected that harvest by the commercial sector in January and February 
of 2023 would not exceed any of the proposed reduced commercial catch 
limits under consideration in Amendment 54. Further, the commercial 
sector has a trip limit reduction after 75 percent of the commercial 
quota is caught. Therefore, the Council did not include in its 
emergency action request to NMFS actions related to the greater 
amberjack commercial sector.

Classification

    This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Act, 16 U.S.C. 1855(c). The Assistant Administrator (AA) for 
Fisheries, NOAA has determined that this emergency action is consistent 
with the Magnuson-Stevens Act, the FMP, and other applicable law. This 
action is being taken pursuant to the emergency provisions of the 
Magnuson-Stevens Act and is exempt from Office of Management and Budget 
review.
    This temporary rule for emergency action contains no information 
collection requirements under the Paperwork Reduction Act of 1995.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553 or any other law, the analytical 
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. 
are inapplicable. Accordingly, no Regulatory Flexibility Analysis is 
required and none has been prepared.
    NMFS prepared an environmental assessment (EA) for the emergency 
measures contained in the July 25, 2022 (87 FR 44027, July 25, 2022) 
temporary rule. The EA analyzed the impacts of recreational seasonal 
closure, which includes the impacts related to extending the emergency 
measures. Therefore, the impacts of extending the emergency measures 
through this temporary rule have already been considered. Electronic 
copies of the EA are available from NMFS (see ADDRESSES).
    This temporary rule extension responds to the best scientific 
information available. The AA finds good cause to waive the 
requirements to provide prior notice and opportunity for public 
comment, pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as 
such procedures for this temporary rule extension are unnecessary and 
contrary the public interest. Such procedures are unnecessary because 
NMFS already published the temporary rule on July 25, 2022, and 
requested public comment on the emergency regulation, including the 
potential extension. NMFS responds to the public comments in this 
temporary rule, which extends the same emergency regulation for an 
additional 186 days. An opportunity for additional public comment would 
be contrary to the public interest because it would result in this 
temporary rule not being effective before the current emergency 
regulations expire, which would prevent NMFS from implementing this 
extension. Without the extension of the emergency regulation, 
recreational fishing would be allowed in May 2023 and could result in a 
significant overage of the greater amberjack recreational ACL approved 
by the Council in Amendment 54. This possible overharvest could result 
in a complete closure of greater amberjack to the recreational sector 
in the 2023-2024 fishing year and could negatively impact the revised 
rebuilding plan developed in Amendment 54.

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

    Dated: December 13, 2022.
Andrew James Strelcheck,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2022-27353 Filed 12-16-22; 8:45 am]
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