[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Proposed Rules]
[Pages 13077-13079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04219]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BM00


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Amendment 54

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

ACTION: Announcement of availability of a fishery management plan 
amendment; request for comments.

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SUMMARY: The Gulf of Mexico Fishery Management Council (Council) has 
submitted Amendment 54 to the Fishery Management Plan (FMP) for the 
Reef Fish Resources of the Gulf of Mexico (Gulf) (Amendment 54) for 
review, approval, and implementation by NMFS. If approved by the 
Secretary of Commerce, Amendment 54 would revise Gulf greater amberjack 
sector allocations and catch limits. The purposes of Amendment 54 are 
to end overfishing of Gulf greater amberjack and to update catch limits 
to be

[[Page 13078]]

consistent with the best scientific information available.

DATES: Written comments on Amendment 54 must be received on or before 
May 1, 2023.

ADDRESSES: You may submit comments on Amendment 54 identified by 
``NOAA-NMFS-2023-0007'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2023-0007'', in the Search 
box. Click the ``Comment'' icon, complete the required fields, and 
enter or attach your comments.
     Mail: Submit all written comments to Kelli O'Donnell, 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 54, which includes an environment 
assessment, a fishery impact statement, a Regulatory Flexibility Act 
analysis, and a regulatory impact review, may be obtained from the 
Southeast Regional Office website at https://www.fisheries.noaa.gov/action/amendment-54-modifications-greater-amberjack-catch-limits-sector-allocation-and-rebuilding.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, 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 FMP 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 FMP being revised by Amendment 54 was prepared by the Council 
and Amendment 54, if approved, would be implemented by NMFS through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Act.
    All weights in this notice are in round weight.

Background

    Under the FMP, the Council manages fishing for Gulf greater 
amberjack in Federal waters from the Texas/Mexico border to the 
Councils' jurisdictional boundary west of the Dry Tortugas, Florida. 
The Gulf greater amberjack stock annual catch limit (ACL) is set equal 
to the acceptable biological catch (ABC), and is allocated 27 percent 
to the commercial and 73 percent to the recreational sector.
    Greater amberjack has been under a rebuilding plan since 2003. This 
rebuilding plan was implemented with Secretarial Amendment 2 and was 
expected to rebuild the stock by 2010 (68 FR 39898, July 3, 2003). In 
2006, Southeast Data Assessment and Review (SEDAR) 9 assessment showed 
that the greater amberjack stock was not recovering as previously 
projected. The stock continued to be overfished and was experiencing 
overfishing. The Council developed Amendment 30A to end overfishing and 
rebuild the stock by 2010, consistent with the time frame of the 
original rebuilding plan. In 2010, the SEDAR 9 Update was completed and 
indicated that the stock remained overfished and was continuing to 
experience overfishing. In response, the Council developed Amendment 35 
to the FMP (77 FR 67574, December 13, 2012). The management measures 
implemented in Amendment 35 were expected to end overfishing; however, 
it could not be determined if the stock would meet its rebuilding 
schedule until a new benchmark assessment was completed. In 2014, the 
SEDAR 33 benchmark stock assessment was completed and showed that 
greater amberjack remained overfished, was experiencing overfishing as 
of 2012, and did not meet the rebuilding timeline established in 
Secretarial Amendment 2. In 2015, the Council developed a framework 
action that further reduced the sector ACLs and ACTs in an effort to 
end overfishing and rebuild the stock by the end of 2019 (80 FR 75432, 
December 2, 2015). In 2016, the SEDAR 33 Update assessment was 
completed and showed that greater amberjack was still overfished and 
undergoing overfishing as of 2015 and the stock would not be rebuilt by 
2019 as previously projected. In 2017, NMFS notified that Council that 
the stock was not making adequate progress towards rebuilding and the 
Council developed a framework action to modify the rebuilding time and 
the catch levels. The framework action, which was implemented in 2018, 
reduced the sector ACLs and ACTs in an effort to end overfishing and 
rebuild the stock by 2027 (82 FR 61485, December 28, 2017). In 2020, 
SEDAR 70 was completed and indicated that the Gulf greater amberjack 
stock continued to be overfished and undergoing overfishing, but could 
rebuild by 2027 with reduced yields. NMFS notified that Council that 
the stock was not making adequate progress towards rebuilding in 2021 
and the Council began work on Amendment 54 to revise the greater 
amberjack catch limits to end overfishing and meet the 2027 rebuilding 
timeline.
    The current commercial and recreational allocation of the Gulf 
greater amberjack stock ACL (73 percent recreational; 27 percent 
commercial) is based on average landings from 1981-2004 (73 FR 38139, 
July 3, 2008). Recreational landings estimates during 1981-2004 were 
generated using the Marine Recreational Fisheries Statistics Survey 
(MRFSS), the predecessor of the current Marine Recreational Information 
Program (MRIP). The current overfishing limit (OFL) and ABC are 
2,167,000 lb (982,935 kg) and 1,794,000 lb (813,745 kg), respectively. 
These catch limits are based on the results of the SEDAR 33 Update 
stock assessment, which included recreational landings estimates 
generated using the MRIP Coastal Household Survey (CHTS). MRIP replaced 
CHTS with the Fishing Effort Survey (FES) in 2018. As explained in 
Amendment 54, total recreational fishing effort estimates generated 
from MRIP-FES are generally higher than both the MRFSS and MRIP-CHTS 
estimates because MRIP-FES is designed to more accurately measure 
fishing effort. Had MRIP-FES data been available when the current Gulf 
greater amberjack OFL and ABC were established, the OFL would have been 
3,480,000 lb (1,578,501 kg) and the ABC would have been 2,930,000 
(1,329,026 kg).
    The current commercial and recreational sector ACLs are 484,380 lb 
(219,711 kg) and 1,309,620 lb (594,034 kg), respectively. The current 
commercial and recreational ACTs are 421,411 lb (191,149 kg) and 
1,086,985 lb (493,048 kg), respectively. These ACLs and ACTs were 
implemented through a framework action to the FMP in 2018 (82 FR 61485, 
December 28, 2017) and are based in part on MRIP-CHTS data. To 
establish the ACTs the Council used

[[Page 13079]]

its ACL/ACT Control Rule, which looked at multiple factors for fishing 
years 2013 to 2016 to determine the appropriate buffer between the ACLs 
and ACTs. The current commercial ACT buffer is 13 percent below the 
commercial ACL. The current recreational ACT buffer is 17 percent below 
the recreational ACL.
    The SEDAR 70 assessment included updated recreational landings 
estimates based on MRIP-FES. In January 2021, the Council's SSC 
reviewed SEDAR 70 and recommended new catch levels that would end 
overfishing of Gulf greater amberjack under the current allocation, on 
the current rebuilding timeline, and allow harvest to increase over 
time. However, because these catch recommendations assumed status quo 
sector allocation, the Council requested that the SEFSC provide 
alternative catch level projections based on sector allocation 
alternatives that used MRIP-FES data and several different time series: 
the same time series used in Amendment 30A (1981-2004); a time series 
that begins when commercial greater amberjack landings were identified 
by species and ends prior to the implementation of the current sector 
allocations, sector catch limits, and AMs (1993-2007); and a time 
series that begins when commercial greater amberjack landings were 
identified by species and ends with the most recent data available at 
the time the alternatives were developed (1993-2019). All of the 
resulting catch limits represent a substantial reduction in the 
allowable harvest when compared to the current OFL and ABC.

Actions Contained in Amendment 54

    For Gulf greater amberjack, Amendment 54 would revise the OFL, ABC, 
sector allocations, and sector ACLs and ACTs. As explained above, the 
current catch limits were derived in part using MRIP-CHTS data and the 
proposed catch limits were derived in part using MRIP-FES data.

OFL and ABC

    As previously explained, the current OFL and ABC for Gulf greater 
amberjack of 2,167,000 lb (982,935 kg) and 1,794,000 lb (813,745 kg), 
respectively. The catch levels recommended by the SSC would increase 
the allowable harvest each year through the end of the rebuilding plan 
in 2027. However, the Council determined that because the greater 
amberjack stock has not rebuilt as expected under the current and 
previous rebuilding plans a more cautious approach is necessary. 
Therefore, Amendment 54 would specify a constant catch OFL and ABC. The 
new OFL would be 2,033,000 lb (922,153 kg). The new ABC would be 
505,000 lb (229,064 kg).

ACLs and Sector Allocations

    The current sector allocation of the stock ACL (equal to the ABC) 
is 27 percent to the commercial sector and 73 percent to the 
recreational sector. The current ACLs for Gulf greater amberjack are 
484,380 lb (219,711 kg) for the commercial sector and 1,309,620 lb 
(594,034 kg) for the recreational sector.
    The Council considered several sector allocation alternatives: 
maintaining the current allocation percentages, and using the various 
time series reviewed by the SSC to adjust the allocation to reflect the 
most recent understanding of historical landings. The Council 
recognized that all of these alternatives are reasonably calculated to 
promote conservation of the greater amberjack stock because they would 
modify the allowable harvest consistent with the result of SEDAR 70 and 
the SSC's recommendations, which is expected to allow the stock to 
rebuild by 2027. In considering the fairness and equity of the 
allocation alternatives, the Council recognized that maintaining the 
current percentages would disproportionally impact on the recreational 
sector given the transition to MRIP-FES and that maintaining the 
current time series updated with MRIP-FES data would disproportionally 
impact the commercial sector by failing to account for the fact that 
commercial landing of greater amberjack prior to 1993 may not have been 
properly identified. The Council decided to adjust the allocation using 
the 1993-2019 time series because this represents the longest time 
series during which commercial greater amberjack landings have been 
identified by species. Therefore, Amendment 54 would revise the Gulf 
greater amberjack sector allocation to 20 percent commercial and 80 
percent recreational, and set the commercial ACL at 101,000 lb (45,813 
kg) and the recreational ACL at 404,000 lb (183,251 kg).

ACTs

    The current ACTs are 421,411 (191,149 kg) for the commercial sector 
(13 percent buffer) and 1,086,985 lb (493,048 kg) for the recreational 
sector (17 percent buffer). Amendment 54 would update the calculation 
for determining the ACTs using the Council's ACL/ACT Control Rule for 
years 2016-2019. Under this control rule, the calculated ACT buffer 
commercial sector buffer is reduced to 7 percent and the buffer for the 
recreational sector remains at 17 percent. The proposed commercial ACT 
is 93,930 lb (42,606 kg) and the proposed recreational ACT is 335,320 
lb (152,099 kg).

Proposed Rule for Amendment 54

    A proposed rule to implement Amendment 54 has been drafted. In 
accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule to determine whether it is consistent with the FMP, the 
Magnuson-Stevens Act, and other applicable laws 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 54 for Secretarial review, 
approval, and implementation. Comments on Amendment 54 must be received 
by May 1, 2023. Comments received during the respective comment 
periods, whether specifically directed to Amendment 54 or the proposed 
rule will be considered by NMFS in the decision to approve, disapprove, 
or partially approve Amendment 54. All comments received by NMFS on the 
amendment 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 24, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2023-04219 Filed 3-1-23; 8:45 am]
BILLING CODE 3510-22-P