[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Rules and Regulations]
[Pages 50063-50065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16229]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 230726-0175]
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: Final rule.

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SUMMARY: NMFS implements a management measure through this final rule 
as described in a framework action under the Fishery Management Plan 
for the Reef Fish Resources of the Gulf of Mexico. This final rule 
increases the commercial trip limit for gray triggerfish in the Gulf of 
Mexico from 16 fish to 25 fish. The purpose of this action is to 
increase the commercial trip limit to allow commercial fishermen the 
opportunity to harvest the commercial annual catch target of gray 
triggerfish.

DATES: This final rule is effective on September 11, 2023.

ADDRESSES: An electronic copy of the framework document that contains 
an environmental assessment and a Regulatory Flexibility Act (RFA) 
analysis, and provides the rationale for this final rule, is available 
from the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/modification-gray-triggerfish-commercial-trip-limits. The proposed rule for this action is available from the 
same Southeast Regional Office website or from www.regulations.gov by 
searching ``NOAA-NMFS-2023-0044.''

FOR FURTHER INFORMATION CONTACT: Peter Hood, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The Gulf of Mexico Fishery Management 
Council (Council) manages reef fish in Federal waters of the Gulf of 
Mexico (Gulf) under the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (Reef Fish FMP or FMP). The Gulf 
Council prepared the Reef Fish 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) 
(16 U.S.C. 1801 et seq.).

[[Page 50064]]

    On May 5, 2023, NMFS published a proposed rule in the Federal 
Register for the framework action and requested public comment (88 FR 
29048). The proposed rule and the framework action outline the 
rationale for the action contained in this final rule. A summary of the 
management measure described in the framework action and implemented by 
this final rule is provided below.

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.
    Gray triggerfish are managed under the Reef Fish 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), annual catch targets (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 for gray triggerfish 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 
gray triggerfish 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). All weights 
in this final rule are given in round weight.
    In 2017, the Council developed Amendment 46 to the Reef Fish 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 Reef Fish 
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.
    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 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 Reef Fish 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 2018 when landings reached 100.9 percent of the ACL. 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 Final Rule

    This final rule will increase the Gulf gray triggerfish commercial 
trip limit from 16 fish to 25 fish. Although projections developed for 
the framework action indicated that this trip limit would increase 
annual commercial landings of gray triggerfish by 33 percent, the same 
projections estimated the commercial season would stay open through 
each fishing year, with the exception of the existing seasonal closure 
from June 1 through July 31.

Comments and Responses

    NMFS received comments from 13 individuals, fishing organizations, 
and a seafood dealer on the proposed rule for the framework action. 
Nine comments were in support of the proposed rule, three comments were 
opposed to the proposed rule, and one comment that

[[Page 50065]]

neither supported or opposed the proposed rule.
    A summary of the public comments in opposition to the action 
follows, along with NMFS' responses. NMFS made no changes to the action 
based on public comment.
    Comment 1: The commenter supported this action but also felt that a 
commercial trip limit of 28 to 32 gray triggerfish could also work and 
still not result in a commercial ACL overage.
    Response: The Council considered alternatives to increase the 
commercial trip limit to 30 and 40 gray triggerfish during the 
development of the framework action, and heard public testimony that 
the trip limit should be increased as high as 40 fish. However, the 
Council was concerned that if the commercial trip limit was increased 
too much from the limit of 16 fish, more commercial fishermen would 
begin to harvest gray triggerfish. If enough additional harvest 
occurred, the commercial sector would be at an increased risk of an 
early season closure, which the Council wanted to avoid. Therefore, the 
Council removed the alternative for a 40-fish commercial trip limit 
from the framework action and selected a more conservative approach as 
its preferred alternative for revising the trip limit. The Council 
indicated that an increase to a 25-fish trip limit would allow more 
opportunity for the commercial sector to harvest its ACT, but not 
exceed its ACL, and maintain the gray triggerfish stock rebuilding 
timeline.
    Comment 2: Three commenters expressed opposition to an increase in 
the commercial ``limit'' or ``commercial harvest'' because there is no 
proposed increase for the recreational sector. One commenter asked if 
an increase in the commercial trip limit meant there would also be an 
increase in the recreational limit.
    Response: This final rule is not changing the commercial ACL or ACT 
for gray triggerfish. This rule is only increasing the maximum number 
of gray triggerfish that commercial fishermen can harvest per trip, 
because commercial landings have been below the established commercial 
catch limits since 2019. Regarding the request for an increase in the 
recreational limit, the problem addressed in this framework action and 
proposed rule occurs only in the commercial sector, and the Council did 
not address recreational management of gray triggerfish in this action. 
Therefore, any adjustment to recreational management measures for gray 
triggerfish is outside the scope of this final rule.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with the framework action, the Reef Fish FMP, the Magnuson-
Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the legal basis for this rule. No 
duplicative, overlapping, or conflicting Federal rules have been 
identified. A description of this final rule, why it is being 
implemented, and the purpose of this final rule are contained in the 
SUMMARY and SUPPLEMENTARY INFORMATION sections of this final rule.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 622

    Fish, Fisheries, Gray triggerfish, Gulf of Mexico.

    Dated: July 26, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 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. 2023-16229 Filed 7-31-23; 8:45 am]
BILLING CODE 3510-22-P