[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Proposed Rules]
[Pages 29048-29050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08992]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 230424-0111]
RIN 0648-BM13


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Resources of the Gulf of Mexico; Commercial Trip Limit for 
Gray Triggerfish

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in a 
framework action under the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP) as prepared by the Gulf of Mexico 
Fishery Management Council (Council). If implemented for gray 
triggerfish in the Gulf of Mexico (Gulf), this proposed rule would 
increase the commercial trip limit from 16 fish to 25 fish. The purpose 
of this action is to increase the gray triggerfish commercial trip 
limit to allow commercial fishermen the opportunity to harvest the 
commercial annual catch target (ACT).

DATES: Written comments must be received by June 5, 2023.

ADDRESSES: You may submit comments on the proposed rule identified by 
``NOAA-NMFS-2023-0044'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov 
and enter ``NOAA-NMFS-2023-0044'' in the Search box. Click the 
``Comment'' 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 and 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 required fields if you wish to remain anonymous.
    An electronic copy of the environmental assessment (EA) supporting 
this proposed rule may be obtained from the Southeast Regional Office 
website at https://www.fisheries.noaa.gov/action/modification-gray-triggerfish-commercial-trip-limits. The EA includes a regulatory impact 
review and a Regulatory Flexibility Act (RFA) analysis.

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).

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the optimum yield 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.
    All weights in this proposed rule are given in round weight unless 
indicated otherwise.
    Gray triggerfish are managed under the FMP, and are harvested by 
commercial and recreational fishermen in the Gulf. The stock was 
determined to be undergoing overfishing according to the results of the 
2006 Southeast Data, Assessment, and Review (SEDAR) 9 stock assessment. 
Based on the criteria selected by the Council in Amendment 30A to the 
FMP, the gray triggerfish stock was also considered overfished. 
Therefore, NMFS implemented a gray triggerfish rebuilding plan through 
Amendment 30A, as well as annual catch limits (ACLs), ACTs, and 
accountability measures (73 FR 38139, July 3, 2008). Amendment 30A also 
established the current allocation of the stock ACL as 21 percent for 
the commercial sector and 79 percent for the recreational sector. The 
2011 SEDAR 9 Update Assessment found that gray triggerfish were still 
overfished and undergoing overfishing. NMFS published a final temporary 
rule (77 FR 28308, May 14, 2012) that reduced the commercial and 
recreational ACLs and ACTs to end overfishing while the Council 
developed Amendment 37 to the FMP. Amendment 37 established a plan to 
rebuild the stock in 5 years and the implementing final rule reduced 
the ACLs and ACTs for gray triggerfish (78 FR 27084, May 9, 2013). 
Amendment 37 also established the first commercial trip limit of 12 
fish to reduce commercial landings. The commercial trip limit is the 
amount of the applicable species that may be possessed on the vessel, 
or landed, purchased, or sold from a vessel per day (50 CFR 622.43). 
The Council decided to establish the commercial trip limit in numbers 
of fish instead of weight based on recommendations made by the 
Council's Law Enforcement Advisory Panel, who advised it would be 
difficult to enforce a low poundage limit of fish per trip, e.g., if a 
commercial trip limit was set at less than 75 lb (34 kg).
    In 2017, the Council developed Amendment 46 to the FMP in response 
to the 2015 SEDAR 43 stock assessment. The assessment indicated the 
gray triggerfish stock was not experiencing overfishing, but was not 
rebuilt and remained overfished. Amendment 46 specified a new 
rebuilding timeline, and revised ACLs and ACTs. Commercial landings per 
trip were analyzed to determine the impact of changing the trip limit 
because the commercial sector was often harvesting gray triggerfish 
below its ACT since the implementation of the 12-fish commercial trip 
limit. The analyses supported an increase of the commercial trip limit 
to 16 fish to provide a better opportunity for the commercial sector to 
catch its ACT while the gray triggerfish stock continued to rebuild (82 
FR 59523, December 15, 2017).
    In 2017, the Council also developed Amendment 44 to the FMP. 
Amendment 44 reduced the overfished thresholds for gray triggerfish and 
six other reef fish species to reduce the likelihood that stock status 
changes between overfished and not overfished would occur frequently as 
a result of scientific uncertainty or natural fluctuations in biomass 
levels (82 FR 61487, December 28, 2017). Although this action resulted 
in the determination that gray triggerfish was no longer overfished, 
the rebuilding plan remained in place because the rebuilding target, 
which is the biomass that produces maximum sustainable yield, had not 
been achieved.

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    In 2020, the Council's Scientific and Statistical Committee (SSC) 
reviewed an interim analysis of the gray triggerfish stock conducted by 
the NMFS Southeast Fisheries Science Center. The analysis suggested an 
increasing biomass trend of the gray triggerfish stock that could 
support a greater harvest. The Council's SSC determined the interim 
analysis was suitable for providing sufficient catch advice to update 
the acceptable biological catch (ABC), and the SSC recommended an 
increase in the ABC. As a result, the Council increased the ACLs and 
ACTs consistent with the ABC increase through a framework action under 
the FMP. The final rule, implemented on July 29, 2021, increased the 
commercial ACL for gray triggerfish from 64,100 lb (29,075 kg) to 
95,949 lb (43,522 kg) and the commercial ACT increased from 60,900 lb 
(27,624 kg) to 88,273 lb (40,040 kg) based on the current sector 
allocations (86 FR 34159, June 29, 2021).
    Since implementation of the 16-fish trip limit in 2018, commercial 
landings have been below the commercial ACL and ACT, with the exception 
of in 2018 when 100.9 percent of the ACL was landed. Additionally, 
since the most recent ACL and ACT increase in 2021, commercial landings 
in 2021 and preliminary 2022 commercial landings were 45 and 47 
percent, respectively, of the sector's ACL, and 49 and 51 percent, 
respectively, of the sector's ACT.
    During public testimony at meetings of the Council and the 
Council's Reef Fish Advisory Panel, commercial industry stakeholders 
indicated that the 16-fish trip limit is still limiting commercial 
landings and gray triggerfish are only landed incidentally when 
targeting other species. As a result, the commercial industry 
stakeholders requested the Council increase the trip limit to reduce 
discards when encountering gray triggerfish and allow for increased 
harvest of these fish to make it worthwhile to retain them when they 
are encountered. Analyses of alternatives increasing the trip limit to 
20, 25, and 30 fish indicated that increasing the trip limit is not 
expected to result in an early closure of the commercial harvest of 
gray triggerfish. The Council selected the 25-fish commercial trip 
limit based on the advice of its Reef Fish Advisory Panel, which 
advocated for a conservative approach that allows for an increased trip 
limit but reduces the likelihood of an in-season closure that may occur 
with a higher trip limit.

Management Measure Contained in This Proposed Rule

    If implemented, this proposed rule would increase the Gulf gray 
triggerfish commercial trip limit from 16 fish to 25 fish. Although 
this trip limit increase is projected to increase annual landings of 
gray triggerfish by 33 percent, projections developed for the framework 
action indicate the commercial season would stay open through each 
fishing year with the exception of the existing seasonal closure from 
June 1 through July 31.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the framework action, the FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    Pursuant to section 605(b) of the RFA, the Chief Counsel for 
Regulation of the Department of Commerce has certified to the Chief 
Counsel for Advocacy of the Small Business Administration that this 
proposed rule, if adopted, would not have a significant economic impact 
on a substantial number of small entities. The factual basis for this 
determination follows.
    A description of this proposed rule, why it is being considered, 
and the objectives of this proposed rule are contained in the SUMMARY 
and SUPPLEMENTARY INFORMATION sections of this proposed rule. The 
Magnuson-Stevens Act provides the statutory basis for this proposed 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. In addition, no new reporting, record-keeping, or 
other compliance requirements are introduced by this proposed rule.
    This proposed rule, if implemented, would increase the commercial 
trip limit for gray triggerfish. The commercial trip limit would apply 
to all federally-permitted commercial vessels that fish for or harvest 
gray triggerfish in Federal waters of the Gulf. It would not directly 
apply to federally-permitted dealers. Any change in the supply of gray 
triggerfish available for purchase by dealers as a result of this 
proposed rule, and associated economic effects, would be an indirect 
effect of the proposed rule and would therefore fall outside the scope 
of the RFA.
    During 2020, there were a total of 837 valid or renewable 
commercial permits for Gulf reef fish. On average from 2017 through 
2021, there were 261 federally-permitted commercial vessels with 
reported landings of gray triggerfish in the Gulf. The average annual 
vessel-level gross revenue from all species for 2017 through 2021 was 
$159,747 (2021 dollars) and gray triggerfish harvested in the Gulf 
accounted for less than half a percent of this revenue. For commercial 
vessels that harvest gray triggerfish in the Gulf, economic profits are 
estimated to be $51,279, or approximately 32.1 percent of annual gross 
revenue, on average. The maximum annual revenue from all species 
reported by a single one of the vessels that harvested gray triggerfish 
from 2017 through 2021 was approximately $2.8 million (2021 dollars).
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (North American Industry Classification 
System code 11411) is classified as a small business if it is 
independently owned and operated, is not dominant in its field of 
operation (including its affiliates), and has combined annual receipts 
not in excess of $11 million for all its affiliated operations 
worldwide. All of the commercial fishing businesses directly regulated 
by this proposed rule are believed to be small entities based on the 
NMFS size standard. No other small entities that would be directly 
affected by this rule have been identified.
    This proposed rule would raise the commercial trip limit for gray 
triggerfish from 16 fish to 25 fish per vessel. NMFS expects this 
change to increase commercial gray triggerfish landings by 16,782 lb 
(7,612 kg) in gutted weight, or 33 percent relative to the status quo. 
These additional landings would be worth an estimated $38,246 (2021 
dollars) in aggregate annual ex-vessel revenue. Divided by the average 
number of vessels with reported landings of gray triggerfish from 2017 
through 2021, this translates to an annual increase of $147, or 
approximately 0.1 percent of average annual per vessel gross revenue. 
Because gray triggerfish generates only a fraction of total revenue for 
vessels that land the species, NMFS assumes this proposed rule would 
not materially affect fishing effort or trip costs. Therefore, this 
increase in ex-vessel revenue would equate to an equivalent increase in 
economic profits (0.3 percent of average annual economic profits). 
Individual fishing businesses, however, may experience varying levels 
of economic effects, depending on their

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fishing practices, operating characteristics, and profit maximization 
strategies.
    In summary, the information provided above supports a determination 
that this proposed rule would not have a significant economic impact on 
a substantial number of small entities. As a result, an initial 
regulatory flexibility analysis is not required and none has been 
prepared.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Gray triggerfish, Gulf of Mexico.

    Dated: April 24, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 622 as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

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

0
2. In Sec.  622.43, revise paragraph (b) to read as follows:


Sec.  622.43  Commercial trip limits.

* * * * *
    (b) Gray triggerfish--25 fish. The commercial trip limit applies 
until the commercial quota specified in Sec.  622.39(a)(1)(vi) is 
reached, which is equal to the commercial ACT. See Sec.  622.39(b) for 
the limitations regarding gray triggerfish after the commercial quota 
is reached.
* * * * *
[FR Doc. 2023-08992 Filed 5-4-23; 8:45 am]
BILLING CODE 3510-22-P