82_FR_44766 82 FR 44582 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 44

82 FR 44582 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 44

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 184 (September 25, 2017)

Page Range44582-44583
FR Document2017-20396

The Gulf of Mexico (Gulf) Fishery Management Council (Council) has submitted Amendment 44 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) for review, approval, and implementation by NMFS. Amendment 44 would revise minimum stock size thresholds (MSST) for seven stocks in the Gulf of Mexico (Gulf) reef fish fishery management unit. The MSST would be revised for the gag, red grouper, red snapper, vermilion snapper, gray triggerfish, greater amberjack, and hogfish stocks. The need for Amendment 44 is to provide a sufficient buffer between spawning stock biomass at maximum sustainable yield (B<INF>MSY</INF>) and MSST to reduce the likelihood that stock status changes frequently between overfished and not overfished as a result of scientific uncertainty or naturalfluctuations in biomass levels.

Federal Register, Volume 82 Issue 184 (Monday, September 25, 2017) 
[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Notices]
[Pages 44582-44583]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20396]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF539


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Amendment 44

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

ACTION: Notice of availability; request for comments.

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SUMMARY: The Gulf of Mexico (Gulf) Fishery Management Council (Council) 
has submitted Amendment 44 to the Fishery Management Plan for the Reef 
Fish Resources of the Gulf of Mexico (FMP) for review, approval, and 
implementation by NMFS. Amendment 44 would revise minimum stock size 
thresholds (MSST) for seven stocks in the Gulf of Mexico (Gulf) reef 
fish fishery management unit. The MSST would be revised for the gag, 
red grouper, red snapper, vermilion snapper, gray triggerfish, greater 
amberjack, and hogfish stocks. The need for Amendment 44 is to provide 
a sufficient buffer between spawning stock biomass at maximum 
sustainable yield (BMSY) and MSST to reduce the likelihood 
that stock status changes frequently between overfished and not 
overfished as a result of scientific uncertainty or naturalfluctuations 
in biomass levels.

DATES: Written comments on Amendment 44 must be received by November 
24, 2017.

ADDRESSES: You may submit comments on Amendment 44 identified by 
``NOAA-NMFS-2017-0101'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0101, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit 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, address, etc.), 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 44 may be obtained from 
www.regulations.gov or the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov. Amendment 44 includes an environmental assessment 
and a fishery impact statement.

FOR FURTHER INFORMATION CONTACT: Peter Hood, NMFS Southeast Regional 
Office, 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 amendment to NMFS for 
review and approval, partial approval, or disapproval. The Magnuson-
Stevens Act also requires that NMFS, upon receiving a plan or 
amendment, publish an announcement in the Federal Register notifying 
the public that the FMP or amendment is available for review and 
comment.
    Amendment 44 to the FMP was prepared by the Council and, if 
approved, would be incorporated into the management of Gulf reef fish 
through the FMP.

Background

    In 1999, the Council submitted the Generic Sustainable Fisheries 
Act Amendment to comply with status determination criteria (SDC) 
requirements of the Sustainable Fisheries Act of 1996. NMFS approved 
most of the fishing mortality threshold (MFMT) criteria, but 
disapproved all of the definitions for maximum sustainable yield (MSY), 
optimum yield (OY), and MSST. The Council subsequently began 
establishing these reference points and SDC on a species-specific basis 
as stock assessments were later conducted, and is currently preparing a 
plan amendment to address all of the unassessed reef fish stocks. 
Amendment 44 focuses on those assessed stocks with MSSTs, which are 
gag, red grouper, red snapper, vermilion snapper, gray triggerfish, 
greater amberjack, and hogfish. Red snapper, gray triggerfish, and 
greater amberjack are currently considered overfished and are under 
rebuilding plans. The other 4 stocks are not considered overfished 
(gag, red grouper, vermilion snapper, and hogfish).
    For most of the assessed federally managed reef fish stocks in the 
Gulf with defined MSSTs, the overfished status, when applied, has been 
evaluated using the formula:
    (1-M) * BMSY (M is the natural mortality rate and B is a 
measure of stock biomass). For some stocks that have a very low natural 
mortality rate, the formula (1-M) * BMSY results in an MSST 
that is very close to the BMSY. For example, red snapper is 
a moderately long-lived fish that has a natural mortality rate of about 
0.1. The above formula results in an MSST of 90 percent of 
BMSY. In such situations it can be difficult to determine if 
a stock is actually less than MSST due to the imprecision and accuracy 
of the data used in stock assessments. In addition, natural 
fluctuations in stock biomass levels around the BMSY level 
may temporarily reduce the stock biomass to be less than MSST. Setting 
a greater buffer between BMSY and MSST can reduce the risk 
of mistakenly declaring a stock overfished.
    In Amendment 44, the Council evaluated MSSTs ranging from 
0.85*BMSY (or proxy) to 0.50*BMSY (or proxy), and 
selected 0.50*BMSY (or proxy) as its preferred alternative. 
This is consistent with the National Standard 1 guidelines and reduces 
the likelihood of a stock being declared overfished as a result of 
scientific uncertainty or natural fluctuations in biomass levels. 
Setting the MSST at this level could result in a very restrictive 
rebuilding plan if the biomass level of a stock drops below the MSST 
and NMFS declares that the stock is overfished. However, the Council 
determined that the requirements for overfishing limits, annual catch 
limits, and accountability measures, reduce the probability that 
sustained overfishing would occur and cause a stock to fall below the 
MSST.
    The MSST proposed in Amendment 44 is used for at least some stocks 
managed by three of the other regional fishery management councils (New 
England, Mid-Atlantic, and North Pacific). If this MSST definition is

[[Page 44583]]

approved, NMFS expects that the Gulf red snapper and gray triggerfish 
stocks would be reclassified as not overfished, but rebuilding, because 
the biomass for these two stocks is currently estimated to be greater 
than 50 percent of BMSY. The greater amberjack stock would 
remain classified as overfished.

Procedural Aspects of Amendment 44

    The Council has submitted Amendment 44 for Secretarial review, 
approval, and implementation. NMFS' decision to approve, partially 
approve, or disapprove Amendment 44 will be based, in part, on 
consideration of comments, recommendations, and information received 
during the comment period on this notice of availability. After 
consideration of these factors, and consistency with the Magnuson-
Stevens Act and other applicable laws, NMFS will publish a notice of 
agency action in the Federal Register announcing the Agency's decision 
to approve, partially approve, or disapprove Amendment 44. Because none 
of the measures included in the amendment involve regulatory changes, 
no proposed or final rule is required at this time. If approved, the 
provisions of Amendment 44 would not be specified in regulations but 
would be considered an amendment to the FMP.

Consideration of Public Comments

    Comments on Amendment 44 must be received by November 24, 2017. 
Comments received during the comment period for this notice of 
availability will be considered by NMFS in its decision to approve, 
partially approve, or disapprove Amendment 44. Comments received after 
the comment period will not be considered by NMFS in this decision. All 
comments received by NMFS during the comment period will be addressed 
in the notice of agency action.

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

    Dated: September 19, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2017-20396 Filed 9-22-17; 8:45 am]
 BILLING CODE 3510-22-P

44582 Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices Comments submitted in response to complete the required fields, and enter assessments were later conducted, and this notice will be summarized and/or or attach your comments. is currently preparing a plan included in the request for OMB • Mail: Submit written comments to amendment to address all of the approval of this information collection; Peter Hood, NMFS Southeast Regional unassessed reef fish stocks. Amendment they also will become a matter of public Office, 263 13th Avenue South, St. 44 focuses on those assessed stocks with record. Petersburg, FL 33701. MSSTs, which are gag, red grouper, red Dated: September 20, 2017. Instructions: Comments sent by any snapper, vermilion snapper, gray other method, to any other address or triggerfish, greater amberjack, and Sarah Brabson, individual, or received after the end of hogfish. Red snapper, gray triggerfish, NOAA PRA Clearance Officer. the comment period, may not be and greater amberjack are currently [FR Doc. 2017–20398 Filed 9–22–17; 8:45 am] considered overfished and are under considered by NMFS. All comments BILLING CODE 3510–22–P received are a part of the public record rebuilding plans. The other 4 stocks are and will generally be posted for public not considered overfished (gag, red viewing on www.regulations.gov grouper, vermilion snapper, and DEPARTMENT OF COMMERCE without change. All personal identifying hogfish). information (e.g., name, address, etc.), For most of the assessed federally National Oceanic and Atmospheric managed reef fish stocks in the Gulf Administration confidential business information, or otherwise sensitive information with defined MSSTs, the overfished RIN 0648–XF539 submitted voluntarily by the sender will status, when applied, has been be publicly accessible. NMFS will evaluated using the formula: Fisheries of the Caribbean, Gulf of accept anonymous comments (enter ‘‘N/ (1¥M) * BMSY (M is the natural Mexico, and South Atlantic; Reef Fish A’’ in the required fields if you wish to mortality rate and B is a measure of Fishery of the Gulf of Mexico; remain anonymous). stock biomass). For some stocks that Amendment 44 Electronic copies of Amendment 44 have a very low natural mortality rate, may be obtained from the formula (1¥M) * BMSY results in an AGENCY: National Marine Fisheries www.regulations.gov or the Southeast MSST that is very close to the BMSY. For Service (NMFS), National Oceanic and Regional Office Web site at http:// example, red snapper is a moderately Atmospheric Administration (NOAA), sero.nmfs.noaa.gov. Amendment 44 long-lived fish that has a natural Commerce. includes an environmental assessment mortality rate of about 0.1. The above ACTION: Notice of availability; request formula results in an MSST of 90 for comments. and a fishery impact statement. percent of BMSY. In such situations it FOR FURTHER INFORMATION CONTACT: SUMMARY: The Gulf of Mexico (Gulf) can be difficult to determine if a stock Peter Hood, NMFS Southeast Regional is actually less than MSST due to the Fishery Management Council (Council) Office, telephone: 727–824–5305, or has submitted Amendment 44 to the imprecision and accuracy of the data email: peter.hood@noaa.gov. used in stock assessments. In addition, Fishery Management Plan for the Reef SUPPLEMENTARY INFORMATION: The Fish Resources of the Gulf of Mexico natural fluctuations in stock biomass Magnuson-Stevens Fishery levels around the BMSY level may (FMP) for review, approval, and Conservation and Management Act temporarily reduce the stock biomass to implementation by NMFS. Amendment (Magnuson-Stevens Act) requires each be less than MSST. Setting a greater 44 would revise minimum stock size regional fishery management council to buffer between BMSY and MSST can thresholds (MSST) for seven stocks in submit any FMP or amendment to reduce the risk of mistakenly declaring the Gulf of Mexico (Gulf) reef fish NMFS for review and approval, partial a stock overfished. fishery management unit. The MSST approval, or disapproval. The In Amendment 44, the Council would be revised for the gag, red Magnuson-Stevens Act also requires evaluated MSSTs ranging from grouper, red snapper, vermilion that NMFS, upon receiving a plan or 0.85*BMSY (or proxy) to 0.50*BMSY (or snapper, gray triggerfish, greater amendment, publish an announcement proxy), and selected 0.50*BMSY (or amberjack, and hogfish stocks. The need in the Federal Register notifying the proxy) as its preferred alternative. This for Amendment 44 is to provide a public that the FMP or amendment is is consistent with the National Standard sufficient buffer between spawning available for review and comment. 1 guidelines and reduces the likelihood stock biomass at maximum sustainable Amendment 44 to the FMP was of a stock being declared overfished as yield (BMSY) and MSST to reduce the prepared by the Council and, if a result of scientific uncertainty or likelihood that stock status changes approved, would be incorporated into natural fluctuations in biomass levels. frequently between overfished and not the management of Gulf reef fish Setting the MSST at this level could overfished as a result of scientific through the FMP. result in a very restrictive rebuilding uncertainty or naturalfluctuations in plan if the biomass level of a stock biomass levels. Background drops below the MSST and NMFS DATES: Written comments on In 1999, the Council submitted the declares that the stock is overfished. Amendment 44 must be received by Generic Sustainable Fisheries Act However, the Council determined that November 24, 2017. Amendment to comply with status the requirements for overfishing limits, ADDRESSES: You may submit comments determination criteria (SDC) annual catch limits, and accountability asabaliauskas on DSKBBXCHB2PROD with NOTICES on Amendment 44 identified by requirements of the Sustainable measures, reduce the probability that ‘‘NOAA–NMFS–2017–0101’’ by either Fisheries Act of 1996. NMFS approved sustained overfishing would occur and of the following methods: most of the fishing mortality threshold cause a stock to fall below the MSST. • Electronic Submission: Submit all (MFMT) criteria, but disapproved all of The MSST proposed in Amendment electronic public comments via the the definitions for maximum sustainable 44 is used for at least some stocks Federal e-Rulemaking Portal. Go to yield (MSY), optimum yield (OY), and managed by three of the other regional www.regulations.gov/ MSST. The Council subsequently began fishery management councils (New #!docketDetail;D=NOAA-NMFS-2017- establishing these reference points and England, Mid-Atlantic, and North 0101, click the ‘‘Comment Now!’’ icon, SDC on a species-specific basis as stock Pacific). If this MSST definition is VerDate Sep<11>2014 19:45 Sep 22, 2017 Jkt 241001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\25SEN1.SGM 25SEN1

Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices 44583 approved, NMFS expects that the Gulf DEPARTMENT OF COMMERCE entry level longline fishery; (5) red snapper and gray triggerfish stocks establishes sideboard limits, which are would be reclassified as not overfished, National Oceanic and Atmospheric limits designed to prevent participants but rebuilding, because the biomass for Administration in the RP from increasing their these two stocks is currently estimated historical effort in other Gulf of Alaska Proposed Information Collection; groundfish fisheries; and (6) includes to be greater than 50 percent of BMSY. Comment Request; Alaska Rockfish The greater amberjack stock would monitoring and enforcement provisions. Program: Permits and Reports The Rockfish Program is authorized for remain classified as overfished. AGENCY: National Oceanic and until December 31, 2021. Procedural Aspects of Amendment 44 Atmospheric Administration (NOAA), II. Method of Collection The Council has submitted Commerce. ACTION: Notice. Forms are available on the NMFS Amendment 44 for Secretarial review, Alaska Region Web site at https:// approval, and implementation. NMFS’ SUMMARY: The Department of alaskafisheries.noaa.gov/fisheries/ decision to approve, partially approve, Commerce, as part of its continuing central-goa-rockfish-program. The or disapprove Amendment 44 will be effort to reduce paperwork and Application for Rockfish Cooperative based, in part, on consideration of respondent burden, invites the general Fishing Quota (CQ) must be submitted comments, recommendations, and public and other Federal agencies to by mail, hand delivery, or fax. The information received during the take this opportunity to comment on Application for Inter-Cooperative comment period on this notice of proposed and/or continuing information Transfer of Rockfish CQ, the Rockfish availability. After consideration of these collections, as required by the Vessel Check-in/Checkout Report, and factors, and consistency with the Paperwork Reduction Act of 1995. the Termination of Fishing Declaration Magnuson-Stevens Act and other DATES: Written comments must be must be submitted to NMFS online applicable laws, NMFS will publish a submitted on or before November 24, through eFISH on the NMFS Alaska notice of agency action in the Federal 2017. Region Web site at https:// Register announcing the Agency’s alaskafisheries.noaa.gov/webapps/efish/ ADDRESSES: Direct all written comments decision to approve, partially approve, login. to Jennifer Jessup, Departmental or disapprove Amendment 44. Because Paperwork Clearance Officer, III. Data none of the measures included in the Department of Commerce, Room 6616, OMB Control Number: 0648–0545. amendment involve regulatory changes, 14th and Constitution Avenue NW., Form Number(s): None. no proposed or final rule is required at Washington, DC 20230 (or via the Type of Review: Regular submission this time. If approved, the provisions of Internet at pracomments@doc.gov). (extension of a current information Amendment 44 would not be specified An electronic copy of the most recent collection). in regulations but would be considered supporting statement for this Affected Public: Business or other for- an amendment to the FMP. information collection is available from profit organizations; Individuals or http://www.cio.noaa.gov/itmanagement/ households. Consideration of Public Comments pdfs/0545ext15.pdf. Estimated Number of Respondents: 9. FOR FURTHER INFORMATION CONTACT: Estimated Time per Response: 2 hours Comments on Amendment 44 must be Requests for additional information or for Application for Rockfish Cooperative received by November 24, 2017. copies of the information collection Fishing Quota (CQ); 10 minutes for Comments received during the comment instrument and instructions should be Application for Inter-Cooperative period for this notice of availability will directed to Sally Bibb, (907) 586–7228 Transfer of Rockfish CQ; and 10 minutes be considered by NMFS in its decision or sally.bibb@noaa.gov. for Rockfish Vessel Check-in/Checkout to approve, partially approve, or Report with Termination of Fishing SUPPLEMENTARY INFORMATION: disapprove Amendment 44. Comments Declaration. received after the comment period will I. Abstract Estimated Total Annual Burden not be considered by NMFS in this This request is an extension of a Hours and Equivalent Labor Costs to the decision. All comments received by currently approved information Public: 34 hours and $1,300 per year NMFS during the comment period will collection. ($37 per hour). be addressed in the notice of agency The Central Gulf of Alaska Rockfish Estimated Total Annual Cost to action. Program (RP) was designed to enhance Public: $47 in recordkeeping/reporting resource conservation and improve costs for photocopying, faxing, and Authority: 16 U.S.C. 1801 et seq. economic efficiency in the rockfish postage for the annual Application for Dated: September 19, 2017. fisheries conducted in the Central Gulf Rockfish CQ. Samuel D. Rauch, III, of Alaska by establishing cooperatives that receive exclusive harvest privileges. IV. Request for Comments Deputy Assistant Administrator for Regulatory Programs, National Marine Through the RP, National Marine Comments are invited on: (a) Whether Fisheries Service. Fisheries Service (NMFS) (1) assigns the proposed collection of information [FR Doc. 2017–20396 Filed 9–22–17; 8:45 am] rockfish quota share (QS) and is necessary for the proper performance asabaliauskas on DSKBBXCHB2PROD with NOTICES BILLING CODE 3510–22–P cooperative quota to participants for of the functions of the agency, including rockfish primary and secondary species; whether the information shall have (2) allows a participant holding a practical utility; (b) the accuracy of the License Limitation Program (LLP) agency’s estimate of the burden license with rockfish QS to form a (including hours and cost) of the rockfish cooperative with other persons; proposed collection of information; (c) (3) allows holders of catcher/processor ways to enhance the quality, utility, and LLP licenses to opt-out of rockfish clarity of the information to be cooperatives each year; (4) includes an collected; and (d) ways to minimize the VerDate Sep<11>2014 19:45 Sep 22, 2017 Jkt 241001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\25SEN1.SGM 25SEN1


Document Created: 2018-10-24 14:42:03
Document Modified: 2018-10-24 14:42:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability; request for comments.
DatesWritten comments on Amendment 44 must be received by November 24, 2017.
ContactPeter Hood, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected]
FR Citation82 FR 44582 
RIN Number0648-XF53
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