[Federal Register: January 8, 2004 (Volume 69, Number 5)]
[Proposed Rules]
[Page 1278-1279]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja04-7]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[I.D. 122303G]
RIN 0648-AP95
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Rebuilding Plan for Red
Grouper in the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of a Secretarial amendment; request for
comments.
-----------------------------------------------------------------------
SUMMARY: NMFS, acting through the Gulf of Mexico Fishery Management
Council (Council), has prepared Secretarial Amendment 1 to the Reef
Fish Fishery Management Plan (Secretarial Amendment 1) that would
establish a 10-year stock rebuilding plan for red grouper in the Gulf
of Mexico. Secretarial Amendment 1 would also establish biological
reference points and stock status determination criteria for red
grouper consistent with the requirements of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act). In
addition, Secretarial Amendment 1 would establish measures designed to
protect other shallow-water grouper, deep-water grouper, and tilefishes
from any potential shifts in fishing mortality that might occur as a
result of the red grouper rebuilding plan. The intended effect of
Secretarial Amendment 1 is to end overfishing and rebuild the red
grouper resource consistent with the requirements of the Magnuson-
Stevens Act.
DATES: Comments must be received no later than 4:30 p.m., eastern time,
on March 8, 2004.
ADDRESSES: Written comments on Secretarial Amendment 1 must be sent to
Phil Steele, Southeast Regional Office, NMFS, 9721 Executive Center
Drive N., St. Petersburg, FL 33702. Comments may also be sent via fax
to 727-570-5583. Comments will not be accepted if submitted via e-mail
or Internet.
Copies of Secretarial Amendment 1, which includes an environmental
assessment, an initial regulatory flexibility analysis, and a
regulatory impact review are available from NMFS at the address above.
FOR FURTHER INFORMATION CONTACT: Phil Steele, telephone: 727-570-5305,
fax: 727-570-5583, e-mail: Phil.Steele@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef fish fishery in the exclusive
economic zone of the Gulf of Mexico is managed under the Fishery
Management Plan for the Reef Fish Resources of the Gulf of Mexico
(FMP). The FMP was prepared by the Council and is implemented under the
authority of the Magnuson-Stevens Act by regulations at 50 CFR part
622.
Background
In October 2000, NMFS declared that the Gulf stock of red grouper
had been overfished and was undergoing overfishing. This determination
was based on the results of a 1999 red grouper stock assessment and
subsequent analysis by the NMFS Southeast Fisheries Science Center and
the Council's Reef Fish Stock Assessment Panel. Subsequently, a 2002
stock assessment found that, although overfishing is still occurring,
the stock is in an improved condition and is no longer overfished.
However, the stock has not yet reached the biomass level that is
capable of producing MSY on a continuing basis (BMSY).
Therefore, measures to end overfishing and a rebuilding plan to restore
the stock to the BMSY level in 10 years or less are still
necessary.
Provisions of Secretarial Amendment 1
Secretarial Amendment 1 proposes to establish a 10-year red grouper
rebuilding plan, structured in 3-year intervals, that would end
overfishing
[[Page 1279]]
and rebuild the stock to MSY. The rebuilding plan seeks to achieve a
9.4-percent reduction in the recreational and commercial harvest of red
grouper, relative to the average landings for 1999-2001, during the
first 3 years of the 10-year rebuilding plan. Measures to accomplish
this reduction equitably for the commercial and recreational sectors of
the fishery include (1) establishing a red grouper commercial quota of
5.31 million lb (2.38 million kg), gutted weight; (2) establishing a 2-
fish red grouper recreational bag limit (within the aggregate 5-fish
grouper bag limit); and (3) including a provision that would close the
entire shallow-water grouper commercial fishery when either the red
grouper quota or the shallow-water grouper quota is reached. The
appropriate measures for the subsequent 3-year intervals, consistent
with the overall provisions of the rebuilding plan, would be determined
based on the latest stock assessments available at that time.
Secretarial Amendment 1 also includes measures designed to protect
other shallow-water grouper, deep-water grouper, and tilefishes from
any potential shift in fishing mortality that might result from
implementation of the red grouper rebuilding plan. These measures
include (1) a reduction of the shallow-water grouper commercial quota
from 9.35 million lb (4.24 million kg) to 8.80 million lb (4.0 million
kg), gutted weight; (2) a reduction of the deep-water grouper
commercial quota from 1.35 million lb (0.61 million kg) to 1.02 million
lb (0.46 million kg), dressed weight; and (3) establishment of a
commercial quota of 0.44 million lb (0.20 million kg), gutted weight,
for all tilefishes in the management unit, combined.
In addition, Secretarial Amendment 1 would establish biological
reference points and stock status determination criteria for red
grouper (i.e., maximum sustainable yield (MSY), optimum yield (OY),
maximum fishing mortality threshold (MFMT), and minimum stock size
threshold (MSST)), consistent with the requirements of the Magnuson-
Stevens Act.
NMFS has submitted Secretarial Amendment 1 for agency review,
approval, and implementation. NMFS is also evaluating the proposed rule
that would implement Secretarial Amendment 1 to determine whether it is
consistent with the amendment, the Magnuson-Stevens Act, and any other
applicable law. If that determination is affirmative, NMFS will publish
the proposed rule in the Federal Register for public review and
comment.
NMFS' decision regarding approval of Secretarial Amendment 1 will
be based on consideration of comments received on this notice of
availability by 4:30 p.m., eastern time, on March 8, 2004. All comments
received by NMFS on the amendment or the proposed rule during the
respective comment periods will be addressed in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 2, 2004.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 04-379 Filed 1-7-04; 8:45 am]
BILLING CODE 3510-22-S