82_FR_61735 82 FR 61487 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 44

82 FR 61487 - 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 248 (December 28, 2017)

Page Range61487-61489
FR Document2017-28058

NMFS announces the approval of Amendment 44 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) as submitted by the Gulf of Mexico (Gulf) Fishery Management Council (Council). Amendment 44 revises minimum stock size thresholds (MSST) for seven stocks in the Gulf of Mexico (Gulf) reef fish fishery management unit. The MSST is 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 natural fluctuations in biomass levels.

Federal Register, Volume 82 Issue 248 (Thursday, December 28, 2017)
[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Rules and Regulations]
[Pages 61487-61489]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28058]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

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: Notification of Agency decision.

-----------------------------------------------------------------------

SUMMARY: NMFS announces the approval of Amendment 44 to the Fishery 
Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) 
as submitted by the Gulf of Mexico (Gulf) Fishery Management Council 
(Council). Amendment 44 revises minimum stock size thresholds (MSST) 
for seven stocks in the Gulf of Mexico (Gulf) reef fish fishery

[[Page 61488]]

management unit. The MSST is 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 natural fluctuations in biomass levels.

DATES: The amendment was approved December 21, 2017.

ADDRESSES: Electronic copies of Amendment 44 may be obtained from 
www.regulations.gov or the Southeast Regional Office website 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: 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) 
(16 U.S.C 1801 et seq.). Amendment 44 was prepared by the Council and 
will be incorporated into the management of Gulf reef fish through the 
FMP.
    On September 25, 2017, NMFS published a notice of availability 
(NOA) for Amendment 44 and requested public comment (82 FR 44582).
    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 because their 
stock size is below MSST and are under rebuilding plans. The other four 
stocks are not considered overfished (gag, red grouper, vermilion 
snapper, and hogfish) because their stock size is above MSST.
    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 (NS1) 
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 (OFLs), annual catch limits (ACLs), and 
accountability measures (AMs), reduce the probability that sustained 
overfishing would occur and cause a stock to fall below the MSST.
    NMFS expects that with the approval of Amendment 44, the Gulf red 
snapper and gray triggerfish stocks will 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 will remain classified as overfished.

Procedural Aspects of Amendment 44

    Because none of the measures included in the amendment involve 
regulatory changes, no proposed or final rule was prepared. The 
provisions of Amendment 44 are not specified in regulations but are 
considered an amendment to the FMP.

Comments and Responses

    NMFS received 23 comments on the NOA. Twelve comments were in favor 
of approving the amendment and four were in opposition. Other comments 
received were not relevant to Amendment 44, expressing frustration with 
fishing regulations and their implementation in general. Comments 
specific to the action in Amendment 44 and NMFS' responses to those 
comments are summarized below.
    Comment 1: NMFS should disapprove Amendment 44 for several reasons. 
First, the current MSST definitions appear to be working well and are 
not likely to cause stocks from being unnecessarily declared overfished 
due to natural variability in fish populations. Second, reducing the 
MSST to 0.5 * BMSY will allow these stocks to be further 
depleted before they are declared overfished, which will increase the 
economic severity of rebuilding and put the stocks at a greater risk of 
collapse. Third, there is too much uncertainty in the stock assessments 
to lower the MSST and continue to ensure the protection of these 
stocks.
    Response: NMFS disagrees that Amendment 44 should be disapproved. 
Amendment 44 revises the MSST for seven stocks from either 0.75 * 
BMSY (hogfish) or (1-M) * BMSY (the other six 
species) to 0.5 * BMSY. The National Standard 1 Guidelines 
allow the Council to consider a variety of factors is determining the 
appropriate MSST (50 CFR 622.310(e)(2)(ii)(B)). In Amendment 44, the 
Council considered natural variability in fish populations, the time it 
would take a stock to recover from various MSST levels, and the risk of 
stock biomass declining below the MSST due to overfishing. The 
Southeast Fisheries Science Center (SEFSC) evaluated the likelihood of 
stock biomass falling below the MSST due to natural fluctuations. This 
evaluation, which is included in Appendix C of Amendment 44, found that 
when recruitment and natural mortality estimates are varied, stock 
biomass levels declining below MSST at the (1-M) * B BMSY 
level for reasons other than overfishing ranged from 5 to 30 percent 
depending on a species' life history characteristics. This likelihood 
of a stock declining below MSST increases as the as natural mortality 
rate decreases. Therefore, the Council determined, and NMFS agrees, 
that there is concern that some stocks with

[[Page 61489]]

low natural mortality rates could be determined to be overfished 
because of natural variations in the population and the small buffers 
between MSST and BMSY.
    The SEFSC also analyzed how long it would take stocks with various 
life history characteristics to recover from various MSST levels. This 
analysis is included in Appendix D of Amendment 44 and found that for 
all species analyzed (including red snapper and gray triggerfish), 
recovery would occur in the absence of fishing mortality in 10 years or 
less under any of the MSST levels, including the MSST of 0.5 * 
BMSY. The Council understood that specifying an MSST of 0.5 
* BMSY could result in the need for a restrictive rebuilding 
plan if a stock was determined to be overfished. However, the Council 
determined, and NMFS agrees, that the risk of sustained overfishing 
causing a stock to become overfished is minimal given the requirement 
to prevent overfishing and use of OFLs, ACLs, and AMs, to achieve this 
objective.
    With respect to stock assessments, there is a level of uncertainty 
in the data used. However, consistent with National Standard 2, these 
assessments use the best scientific information available to provide 
information on stock status. In addition, for the reasons stated above, 
the Council determined that the revised MSSTs, when used in combination 
with OFLs, ACLs, and AMs, will continue to provide the appropriate 
level of protection for these stocks. Thus, it is not appropriate to 
disapprove Amendment 44 based on uncertainty in the stock assessments.
    Comment 2: This action to revise the MSST will result in a decrease 
in the allowable catch for these stocks.
    Response: Revising the MSST will not directly affect catch levels 
for the seven stocks in Amendment 44. The MSST is the threshold used to 
determine whether a stock is overfished. If the stock biomass falls 
below MSST, the stock is considered to be overfished and a rebuilding 
plan is required. Therefore, the MSST may indirectly affect catch 
levels for a stock if harvest needs to be restricted for some period of 
time so the stock can recover. However, of the seven stocks included in 
Amendment 44, four are not overfished (gag, red grouper, vermilion 
snapper, and hogfish) and that determination will not change with the 
revision to the MSSTs for these stocks. The remaining three stocks (red 
snapper, gray triggerfish, and greater amberjack) are currently 
classified as overfished but, with the approval of Amendment 44, NMFS 
expects that red snapper and gray triggerfish stocks will be 
reclassified as not overfished. However, they will still be subject to 
their respective rebuilding plans until BMSY is reached. The 
greater amberjack stock would continue to be classified as overfished 
until that stock's biomass exceeds the MSST of 0.5 * BMSY.
    Comment 3: NMFS must revisit the previous rulemaking that 
implemented the quota overage adjustment (payback) for the red snapper 
recreational sector to correct an error in the regulations that links 
the recreational payback to ``overfished'' status as opposed to 
``rebuilding status.''
    Response: NMFS disagrees that it is necessary to revisit the 
rulemaking that implemented the red snapper recreational AMs (80 FR 
14328, March 19, 2015). The reference to overfished status in the red 
snapper recreational AM in 50 CFR 622.41(q)(2)(ii) was not an error. 
This provision was added to the regulations through a framework action 
in 2015. Although the framework action referred to ``rebuilding,'' the 
codified text for the framework that was reviewed and deemed necessary 
by the Council linked the quota payback provision to overfished status, 
which was consistent with the other payback provisions for Gulf-managed 
species that were already in effect prior to that time, such as those 
for gray triggerfish (50 CFR 622.41(b)(2)(ii)), gag (50 CFR 
622.41(d)(2)(iii)), and red grouper (50 CFR 622.41(e)(2)(iii)).
    Although the approval of Amendment 44 may result in the red snapper 
stock no longer being classified as overfished because the biomass for 
this stock is currently estimated to be greater than 50 percent of 
BMSY, the stock continues to be subject to the rebuilding 
plan established in Amendment 27 to the FMP (73 FR 5117, January 29, 
2008). NMFS is required to review the rebuilding progress at routine 
intervals and notify the Council if there has been inadequate progress 
toward rebuilding. If notified, the Council would be required to take 
action consistent with the rebuilding plan requirements in section 
305(e) of the Magnuson-Stevens Act.
    In addition, NMFS and the Council have reduced the likelihood of 
the red snapper recreational ACL being exceeded by the use of 
recreational annual catch targets (ACTs) to set the Federal charter 
vessel/headboat (for-hire) and the private angling component 
recreational season lengths. However, if an overage of the recreational 
ACL does occur more than once in the last 4 years, the National 
Standard 1 Guidelines advise the Council to reevaluate the system of 
ACLs and AMs, and if necessary, modify the system to improve its 
performance and effectiveness (50 CFR 600.310(e)(7)). If the ACL is 
exceeded to such an extent that overfishing occurs, the Guidelines 
state that the Secretary of Commerce will immediately notify the 
Council and the Council should evaluate the cause of overfishing, 
address the issue that caused overfishing, and reevaluate the ACLs and 
AMs to make sure they are adequate (50 CFR 600.310(j)). All of these 
safeguards will help ensure that the ACLs and AMs continue to function 
effectively to prevent overfishing and rebuild the stock consistent 
with the established rebuilding plan.

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

    Dated: December 21, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2017-28058 Filed 12-27-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                               Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Rules and Regulations                                            61487

                                              NMFS expects the Council to review a                        The Chief Counsel for Regulation of                   (C) For fishing year 2020 and
                                              draft of this framework action at its                    the Department of Commerce certified                  subsequent years—421,411 lb (191,149
                                              January 2018 meeting.                                    to the Chief Counsel for Advocacy of the              kg), round weight.
                                                 Comment 4: The greater amberjack                      Small Business Administration (SBA)                   *       *    *     *      *
                                              stock is healthy and therefore not in                    during the proposed rule stage that this                 (2) * * *
                                              need of rebuilding efforts.                              rule, if adopted, would not have a                       (ii) Recreational quota for greater
                                                 Response: NMFS disagrees. The most                    significant economic impact on a                      amberjack. The recreational quota for
                                              recent Gulf greater amberjack                            substantial number of small entities.                 greater amberjack, in round weight, is
                                              population assessment, completed in                      The factual basis for this determination              716,173 lb (324,851 kg), for 2018,
                                              2016, indicated greater amberjack are                    was published in the proposed rule and                902,185 lb (409,224 kg), for 2019,
                                              experiencing overfishing and are                         is not repeated here. No comments from                1,086,985 lb (493,048 kg), for 2020 and
                                              overfished. The current rebuilding plan                  the public or the SBA’s Chief Counsel                 subsequent fishing years.
                                              time period ends in 2019, but new                        for Advocacy were received regarding                  *       *    *     *      *
                                              scientific information indicates the                     the certification, and NMFS has not                   ■ 4. In § 622.41, revise paragraphs
                                              stock will not be rebuilt by that time.                  received any new information that                     (a)(1)(iii) and (a)(2)(iii) to read as
                                              Therefore, consistent with the                           would affect its determination. As a                  follows:
                                              framework action approved by the                         result, a final regulatory flexibility
                                              Council, this final rule establishes a new               analysis is not required and none has                 § 622.41 Annual catch limits (ACLs),
                                              rebuilding time period ending in 2027                    been prepared.                                        annual catch targets (ACTs), and
                                              and revises the harvest limits as                                                                              accountability measures (AMs).
                                                                                                       List of Subjects in 50 CFR Part 622
                                              necessary to end overfishing and rebuild                                                                          (a) * * *
                                              the stock.                                                 Commercial, Fisheries, Fishing,                        (1) * * *
                                                                                                       Greater amberjack, Gulf, Recreational,                   (iii) The commercial ACL for greater
                                              Actions Contained in the Framework                       Reef fish.                                            amberjack, in round weight, is 319,140
                                              Action Not Codified Through This Final                                                                         lb (144,759 kg), for 2018, 402,030 lb
                                                                                                         Dated: December 22, 2017.
                                              Rule                                                                                                           (182,358 kg), for 2019, and 484,380 lb
                                                                                                       Samuel D. Rauch III,
                                                 In addition to the measures in this                                                                         (219,711 kg), for 2020 and subsequent
                                                                                                       Deputy Assistant Administrator for
                                              final rule, the framework action revises                 Regulatory Programs, National Marine
                                                                                                                                                             fishing years.
                                              the greater amberjack ABC and                            Fisheries Service.                                       (2) * * *
                                              overfishing limits (OFLs) based upon                                                                              (iii) The recreational ACL for greater
                                                                                                         For the reasons set out in the
                                              the results of the SEDAR 33 Update and                                                                         amberjack, in round weight, is 862,860
                                                                                                       preamble, 50 CFR part 622 is amended
                                              the Council’s SSC recommendations.                                                                             lb (391,387 kg), for 2018, 1,086,970 lb
                                                                                                       as follows:
                                              The current greater amberjack ABC is                                                                           (493,041 kg), for 2019, and 1,309,620
                                              1,720,000 lb (780,179 kg), and the OFL                   PART 622—FISHERIES OF THE                             (594,034 kg), for 2020 and subsequent
                                              is 3,420,000 lb (1,551,286 kg), which                    CARIBBEAN, GULF OF MEXICO, AND                        fishing years.
                                              were established in the final rule                       SOUTH ATLANTIC                                        *       *    *     *    *
                                              implementing the 2015 framework                                                                                [FR Doc. 2017–28047 Filed 12–27–17; 8:45 am]
                                              action (80 FR 75432; December 2, 2015).                  ■ 1. The authority citation for part 622              BILLING CODE 3510–22–P
                                              This framework action revises the ABC                    continues to read as follows:
                                              and OFL for 3 years, beginning in 2018.                      Authority: 16 U.S.C. 1801 et seq.
                                              The ABC, which is equal to the stock                                                                           DEPARTMENT OF COMMERCE
                                                                                                       ■ 2. In § 622.34, revise paragraph (c) to
                                              ACL, is set at 1,182,000 lb (536,146 kg)                 read as follows:                                      National Oceanic and Atmospheric
                                              for 2018, 1,489,000 lb (675,399 kg) for
                                                                                                                                                             Administration
                                              2019, and 1,794,000 lb (813,744 kg) for                  § 622.34 Seasonal and area closures
                                              2020 and subsequent years. The OFL is                    designed to protect Gulf reef fish.
                                                                                                                                                             50 CFR Part 622
                                              set at 1,500,000 lb (680,388 kg) for 2018,               *      *    *      *      *
                                              1,836,000 lb (832,795 kg) for 2019, and                     (c) Seasonal closure of the                        RIN 0648–XF539
                                              2,167,000 lb (982,934 kg) for 2020 and                   recreational sector for greater
                                              subsequent years.                                        amberjack. The recreational sector for                Fisheries of the Caribbean, Gulf of
                                                                                                       greater amberjack in or from the Gulf                 Mexico, and South Atlantic; Reef Fish
                                              Classification                                                                                                 Fishery of the Gulf of Mexico;
                                                                                                       EEZ is closed from January 1 through
                                                 The Regional Administrator for the                    June 30, each year. During the closure,               Amendment 44
                                              NMFS Southeast Region has determined                     the bag and possession limits for greater             AGENCY:  National Marine Fisheries
                                              that this final rule is consistent with the              amberjack in or from the Gulf EEZ are                 Service (NMFS), National Oceanic and
                                              framework action, the FMP, the                           zero.                                                 Atmospheric Administration (NOAA),
                                              Magnuson-Stevens Act, and other                          *      *    *      *      *                           Commerce.
                                              applicable law.                                          ■ 3. In § 622.39, revise paragraphs                   ACTION: Notification of Agency decision.
                                                 This final rule has been determined to                (a)(1)(v) and (a)(2)(ii) to read as follows:
                                              be not significant for purposes of                                                                             SUMMARY:  NMFS announces the
                                              Executive Order 12866.                                   § 622.39    Quotas.                                   approval of Amendment 44 to the
                                                 The Magnuson-Stevens Act provides                     *     *     *    *     *                              Fishery Management Plan for the Reef
sradovich on DSK3GMQ082PROD with RULES




                                              the statutory basis for this final rule. No                (a) * * *                                           Fish Resources of the Gulf of Mexico
                                              duplicative, overlapping, or conflicting                   (1) * * *                                           (FMP) as submitted by the Gulf of
                                              Federal rules have been identified. In                     (v) Greater amberjack—(A) For fishing               Mexico (Gulf) Fishery Management
                                              addition, no new reporting, record-                      year 2018—277,651 lb (125,940.38 kg),                 Council (Council). Amendment 44
                                              keeping, or other compliance                             round weight.                                         revises minimum stock size thresholds
                                              requirements are introduced by this                        (B) For fishing year 2019—349,766 lb                (MSST) for seven stocks in the Gulf of
                                              final rule.                                              (158,651 kg), round weight.                           Mexico (Gulf) reef fish fishery


                                         VerDate Sep<11>2014    16:07 Dec 27, 2017   Jkt 244001   PO 00000   Frm 00045   Fmt 4700   Sfmt 4700   E:\FR\FM\28DER1.SGM   28DER1


                                              61488            Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Rules and Regulations

                                              management unit. The MSST is revised                     stock size is below MSST and are under                rule was prepared. The provisions of
                                              for the gag, red grouper, red snapper,                   rebuilding plans. The other four stocks               Amendment 44 are not specified in
                                              vermilion snapper, gray triggerfish,                     are not considered overfished (gag, red               regulations but are considered an
                                              greater amberjack, and hogfish stocks.                   grouper, vermilion snapper, and                       amendment to the FMP.
                                              The need for Amendment 44 is to                          hogfish) because their stock size is
                                                                                                                                                             Comments and Responses
                                              provide a sufficient buffer between                      above MSST.
                                              spawning stock biomass at maximum                           For most of the assessed federally                    NMFS received 23 comments on the
                                              sustainable yield (BMSY) and MSST to                     managed reef fish stocks in the Gulf                  NOA. Twelve comments were in favor
                                              reduce the likelihood that stock status                  with defined MSSTs, the overfished                    of approving the amendment and four
                                              changes frequently between overfished                    status, when applied, has been                        were in opposition. Other comments
                                              and not overfished as a result of                        evaluated using the formula: (1–M) *                  received were not relevant to
                                              scientific uncertainty or natural                        BMSY (M is the natural mortality rate                 Amendment 44, expressing frustration
                                              fluctuations in biomass levels.                          and B is a measure of stock biomass).                 with fishing regulations and their
                                              DATES: The amendment was approved                        For some stocks that have a very low                  implementation in general. Comments
                                              December 21, 2017.                                       natural mortality rate, the formula (1–M)             specific to the action in Amendment 44
                                              ADDRESSES: Electronic copies of                          * BMSY results in an MSST that is very                and NMFS’ responses to those
                                              Amendment 44 may be obtained from                        close to the BMSY. For example, red                   comments are summarized below.
                                                                                                       snapper is a moderately long-lived fish                  Comment 1: NMFS should disapprove
                                              www.regulations.gov or the Southeast
                                                                                                       that has a natural mortality rate of about            Amendment 44 for several reasons.
                                              Regional Office website at http://
                                                                                                       0.1. The above formula results in an                  First, the current MSST definitions
                                              sero.nmfs.noaa.gov. Amendment 44                                                                               appear to be working well and are not
                                              includes an environmental assessment                     MSST of 90 percent of BMSY. In such
                                                                                                       situations it can be difficult to                     likely to cause stocks from being
                                              and a fishery impact statement.                                                                                unnecessarily declared overfished due
                                                                                                       determine if a stock is actually less than
                                              FOR FURTHER INFORMATION CONTACT:                                                                               to natural variability in fish
                                                                                                       MSST due to the imprecision and
                                              Peter Hood, NMFS Southeast Regional                                                                            populations. Second, reducing the
                                                                                                       accuracy of the data used in stock
                                              Office, telephone: 727–824–5305, or                      assessments. In addition, natural                     MSST to 0.5 * BMSY will allow these
                                              email: peter.hood@noaa.gov.                              fluctuations in stock biomass levels                  stocks to be further depleted before they
                                              SUPPLEMENTARY INFORMATION: NMFS and                      around the BMSY level may temporarily                 are declared overfished, which will
                                              the Council manage the Gulf reef fish                    reduce the stock biomass to be less than              increase the economic severity of
                                              fishery, which includes gray triggerfish,                MSST. Setting a greater buffer between                rebuilding and put the stocks at a
                                              under the FMP. The Council prepared                      BMSY and MSST can reduce the risk of                  greater risk of collapse. Third, there is
                                              the FMP and NMFS implements the                          mistakenly declaring a stock overfished.              too much uncertainty in the stock
                                              FMP through regulations at 50 CFR part                      In Amendment 44, the Council                       assessments to lower the MSST and
                                              622 under the authority of the                           evaluated MSSTs ranging from 0.85 *                   continue to ensure the protection of
                                              Magnuson-Stevens Fishery                                 BMSY (or proxy) to 0.50 * BMSY (or                    these stocks.
                                              Conservation and Management Act                          proxy), and selected 0.50 * BMSY (or                     Response: NMFS disagrees that
                                              (Magnuson-Stevens Act) (16 U.S.C 1801                    proxy) as its preferred alternative. This             Amendment 44 should be disapproved.
                                              et seq.). Amendment 44 was prepared                      is consistent with the National Standard              Amendment 44 revises the MSST for
                                              by the Council and will be incorporated                  1 (NS1) guidelines and reduces the                    seven stocks from either 0.75 * BMSY
                                              into the management of Gulf reef fish                    likelihood of a stock being declared                  (hogfish) or (1–M) * BMSY (the other six
                                              through the FMP.                                         overfished as a result of scientific                  species) to 0.5 * BMSY. The National
                                                 On September 25, 2017, NMFS                           uncertainty or natural fluctuations in                Standard 1 Guidelines allow the
                                              published a notice of availability (NOA)                 biomass levels. Setting the MSST at this              Council to consider a variety of factors
                                              for Amendment 44 and requested public                    level could result in a very restrictive              is determining the appropriate MSST
                                              comment (82 FR 44582).                                   rebuilding plan if the biomass level of               (50 CFR 622.310(e)(2)(ii)(B)). In
                                                 In 1999, the Council submitted the                    a stock drops below the MSST and                      Amendment 44, the Council considered
                                              Generic Sustainable Fisheries Act                        NMFS declares that the stock is                       natural variability in fish populations,
                                              Amendment to comply with status                          overfished. However, the Council                      the time it would take a stock to recover
                                              determination criteria (SDC)                             determined that the requirements for                  from various MSST levels, and the risk
                                              requirements of the Sustainable                          overfishing limits (OFLs), annual catch               of stock biomass declining below the
                                              Fisheries Act of 1996. NMFS approved                     limits (ACLs), and accountability                     MSST due to overfishing. The Southeast
                                              most of the fishing mortality threshold                  measures (AMs), reduce the probability                Fisheries Science Center (SEFSC)
                                              (MFMT) criteria, but disapproved all of                  that sustained overfishing would occur                evaluated the likelihood of stock
                                              the definitions for maximum sustainable                  and cause a stock to fall below the                   biomass falling below the MSST due to
                                              yield (MSY), optimum yield (OY), and                     MSST.                                                 natural fluctuations. This evaluation,
                                              MSST. The Council subsequently began                        NMFS expects that with the approval                which is included in Appendix C of
                                              establishing these reference points and                  of Amendment 44, the Gulf red snapper                 Amendment 44, found that when
                                              SDC on a species-specific basis as stock                 and gray triggerfish stocks will be                   recruitment and natural mortality
                                              assessments were later conducted, and                    reclassified as not overfished, but                   estimates are varied, stock biomass
                                              is currently preparing a plan                            rebuilding, because the biomass for                   levels declining below MSST at the
                                              amendment to address all of the                          these two stocks is currently estimated               (1–M) * B BMSY level for reasons other
                                              unassessed reef fish stocks. Amendment                   to be greater than 50 percent of BMSY.                than overfishing ranged from 5 to 30
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                                              44 focuses on those assessed stocks with                 The greater amberjack stock will remain               percent depending on a species’ life
                                              MSSTs, which are gag, red grouper, red                   classified as overfished.                             history characteristics. This likelihood
                                              snapper, vermilion snapper, gray                                                                               of a stock declining below MSST
                                              triggerfish, greater amberjack, and                      Procedural Aspects of Amendment 44                    increases as the as natural mortality rate
                                              hogfish. Red snapper, gray triggerfish,                    Because none of the measures                        decreases. Therefore, the Council
                                              and greater amberjack are currently                      included in the amendment involve                     determined, and NMFS agrees, that
                                              considered overfished because their                      regulatory changes, no proposed or final              there is concern that some stocks with


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                                                               Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Rules and Regulations                                            61489

                                              low natural mortality rates could be                     be reclassified as not overfished.                    improve its performance and
                                              determined to be overfished because of                   However, they will still be subject to                effectiveness (50 CFR 600.310(e)(7)). If
                                              natural variations in the population and                 their respective rebuilding plans until               the ACL is exceeded to such an extent
                                              the small buffers between MSST and                       BMSY is reached. The greater amberjack                that overfishing occurs, the Guidelines
                                              BMSY.                                                    stock would continue to be classified as              state that the Secretary of Commerce
                                                 The SEFSC also analyzed how long it                   overfished until that stock’s biomass                 will immediately notify the Council and
                                              would take stocks with various life                      exceeds the MSST of 0.5 * BMSY.                       the Council should evaluate the cause of
                                              history characteristics to recover from                     Comment 3: NMFS must revisit the                   overfishing, address the issue that
                                              various MSST levels. This analysis is                    previous rulemaking that implemented                  caused overfishing, and reevaluate the
                                              included in Appendix D of Amendment                      the quota overage adjustment (payback)                ACLs and AMs to make sure they are
                                              44 and found that for all species                        for the red snapper recreational sector to            adequate (50 CFR 600.310(j)). All of
                                              analyzed (including red snapper and                      correct an error in the regulations that              these safeguards will help ensure that
                                              gray triggerfish), recovery would occur                  links the recreational payback to                     the ACLs and AMs continue to function
                                              in the absence of fishing mortality in 10                ‘‘overfished’’ status as opposed to                   effectively to prevent overfishing and
                                              years or less under any of the MSST                      ‘‘rebuilding status.’’                                rebuild the stock consistent with the
                                              levels, including the MSST of 0.5 *                         Response: NMFS disagrees that it is                established rebuilding plan.
                                              BMSY. The Council understood that                        necessary to revisit the rulemaking that
                                                                                                                                                               Authority: 16 U.S.C. 1801 et seq.
                                              specifying an MSST of 0.5 * BMSY could                   implemented the red snapper
                                              result in the need for a restrictive                     recreational AMs (80 FR 14328, March                    Dated: December 21, 2017.
                                              rebuilding plan if a stock was                           19, 2015). The reference to overfished                Samuel D. Rauch, III,
                                              determined to be overfished. However,                    status in the red snapper recreational                Deputy Assistant Administrator for
                                              the Council determined, and NMFS                         AM in 50 CFR 622.41(q)(2)(ii) was not                 Regulatory Programs, National Marine
                                              agrees, that the risk of sustained                       an error. This provision was added to                 Fisheries Service.
                                              overfishing causing a stock to become                    the regulations through a framework                   [FR Doc. 2017–28058 Filed 12–27–17; 8:45 am]
                                              overfished is minimal given the                          action in 2015. Although the framework                BILLING CODE 3510–22–P
                                              requirement to prevent overfishing and                   action referred to ‘‘rebuilding,’’ the
                                              use of OFLs, ACLs, and AMs, to achieve                   codified text for the framework that was
                                              this objective.                                          reviewed and deemed necessary by the                  DEPARTMENT OF COMMERCE
                                                 With respect to stock assessments,                    Council linked the quota payback
                                              there is a level of uncertainty in the data              provision to overfished status, which                 National Oceanic and Atmospheric
                                              used. However, consistent with National                  was consistent with the other payback                 Administration
                                              Standard 2, these assessments use the                    provisions for Gulf-managed species
                                              best scientific information available to                 that were already in effect prior to that             50 CFR Part 635
                                              provide information on stock status. In                  time, such as those for gray triggerfish              [Docket No. 170823804–7999–02]
                                              addition, for the reasons stated above,                  (50 CFR 622.41(b)(2)(ii)), gag (50 CFR
                                              the Council determined that the revised                  622.41(d)(2)(iii)), and red grouper (50               RIN 0648–BH17
                                              MSSTs, when used in combination with                     CFR 622.41(e)(2)(iii)).                               Atlantic Highly Migratory Species;
                                              OFLs, ACLs, and AMs, will continue to                       Although the approval of Amendment
                                                                                                                                                             Individual Bluefin Quota Program;
                                              provide the appropriate level of                         44 may result in the red snapper stock
                                                                                                                                                             Accountability for Bluefin Tuna Catch
                                              protection for these stocks. Thus, it is                 no longer being classified as overfished
                                              not appropriate to disapprove                            because the biomass for this stock is                 AGENCY:  National Marine Fisheries
                                              Amendment 44 based on uncertainty in                     currently estimated to be greater than 50             Service (NMFS), National Oceanic and
                                              the stock assessments.                                   percent of BMSY, the stock continues to               Atmospheric Administration (NOAA),
                                                 Comment 2: This action to revise the                  be subject to the rebuilding plan                     Commerce.
                                              MSST will result in a decrease in the                    established in Amendment 27 to the                    ACTION: Final rule.
                                              allowable catch for these stocks.                        FMP (73 FR 5117, January 29, 2008).
                                                 Response: Revising the MSST will not                  NMFS is required to review the                        SUMMARY:    NMFS modifies the Atlantic
                                              directly affect catch levels for the seven               rebuilding progress at routine intervals              highly migratory species (HMS)
                                              stocks in Amendment 44. The MSST is                      and notify the Council if there has been              regulations to require vessels in the
                                              the threshold used to determine                          inadequate progress toward rebuilding.                pelagic longline fishery to account for
                                              whether a stock is overfished. If the                    If notified, the Council would be                     bycatch of bluefin tuna (bluefin) using
                                              stock biomass falls below MSST, the                      required to take action consistent with               Individual Bluefin Quota (IBQ) on a
                                              stock is considered to be overfished and                 the rebuilding plan requirements in                   quarterly basis instead of on a trip-level
                                              a rebuilding plan is required. Therefore,                section 305(e) of the Magnuson-Stevens                basis. Previously, vessel owners had to
                                              the MSST may indirectly affect catch                     Act.                                                  account for quota debt or IBQ balances
                                              levels for a stock if harvest needs to be                   In addition, NMFS and the Council                  less than the minimum required before
                                              restricted for some period of time so the                have reduced the likelihood of the red                commencing any fishing trip with
                                              stock can recover. However, of the seven                 snapper recreational ACL being                        pelagic longline gear. With this
                                              stocks included in Amendment 44, four                    exceeded by the use of recreational                   rulemaking, vessels may fish during a
                                              are not overfished (gag, red grouper,                    annual catch targets (ACTs) to set the                given calendar quarter if they have an
                                              vermilion snapper, and hogfish) and                      Federal charter vessel/headboat (for-                 IBQ balance below the minimum
                                              that determination will not change with                  hire) and the private angling component               amount required to depart on a fishing
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                                              the revision to the MSSTs for these                      recreational season lengths. However, if              trip or with quota debt incurred by
                                              stocks. The remaining three stocks (red                  an overage of the recreational ACL does               exceeding their IBQ balance; however,
                                              snapper, gray triggerfish, and greater                   occur more than once in the last 4 years,             vessels are required to reconcile quota
                                              amberjack) are currently classified as                   the National Standard 1 Guidelines                    debt and satisfy the minimum IBQ
                                              overfished but, with the approval of                     advise the Council to reevaluate the                  requirement prior to departing on their
                                              Amendment 44, NMFS expects that red                      system of ACLs and AMs, and if                        first pelagic longline fishing trip in each
                                              snapper and gray triggerfish stocks will                 necessary, modify the system to                       calendar quarter. The action optimizes


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Document Created: 2017-12-28 00:43:36
Document Modified: 2017-12-28 00:43:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotification of Agency decision.
DatesThe amendment was approved December 21, 2017.
ContactPeter Hood, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected]
FR Citation82 FR 61487 
RIN Number0648-XF53

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