[Federal Register Volume 73, Number 68 (Tuesday, April 8, 2008)]
[Proposed Rules]
[Pages 19040-19046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7379]
[[Page 19040]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 070718369-7771-01]
RIN 0648-AV34
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Amendment 30A
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues this proposed rule that would implement Amendment
30A to the Fishery Management Plan for the Reef Fish Resources of the
Gulf of Mexico (FMP) prepared by the Gulf of Mexico Fishery Management
Council (Council). This proposed rule would establish accountability
measures for the commercial and recreational fisheries for greater
amberjack and gray triggerfish, establish commercial quotas for greater
amberjack and gray triggerfish, establish a recreational quota for
greater amberjack and recreational catch limits for gray triggerfish,
increase the commercial and recreational minimum size limit for gray
triggerfish, increase the recreational minimum size limit for greater
amberjack, and reduce the greater amberjack bag limit to zero for
captain and crew of a vessel operating as a charter vessel or headboat.
In addition, Amendment 30A would establish management targets and
thresholds for gray triggerfish consistent with the requirements of the
Sustainable Fisheries Act. This proposed rule is intended to end
overfishing of greater amberjack and gray triggerfish and to rebuild
these stocks to sustainable levels.
DATES: Written comments must be received on or before May 23, 2008.
ADDRESSES: You may submit comments on the proposed rule by any of the
following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Peter Hood, Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL 33701.
Fax: 727-824-5308; Attention: Peter Hood.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments. Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Copies of Amendment 30A, which include a supplemental environmental
impact statement (SEIS), an initial regulatory flexibility analysis
(IRFA), and a regulatory impact review (RIR) may be obtained from the
Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue,
Suite 1100, Tampa, FL 33607; telephone 813-348-1630; fax 813-348-1711;
e-mail gulfcouncil@gulfcouncil.org; or may be downloaded from the
Council's website at http://www.gulfcouncil.org/.
FOR FURTHER INFORMATION CONTACT: Peter Hood, telephone 727-824-5305;
fax 727-824-5308; e-mail peter.hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the FMP. The FMP was prepared by the Council and is
implemented through regulations at 50 CFR part 622 under the authority
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act).
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the optimum yield (OY) 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. To further this goal, the Magnuson-
Stevens Act requires fishery managers to specify their strategy to
rebuild overfished stocks to a sustainable level within a certain time
frame, and to minimize bycatch and bycatch mortality to the extent
practicable. The reauthorized Magnuson-Stevens Act as amended through
January 12, 2007, requires the councils to establish annual catch
limits (ACLs) for each stock or stock complex and accountability
measures (AMs) to ensure these ACLs are not exceeded. This proposed
rule addresses these requirements for greater amberjack and gray
triggerfish.
Status of Stocks
Greater amberjack have been under a rebuilding plan since 2003.
However, a new stock assessment completed in 2006 concluded that the
stock is not recovering as projected. It remains overfished and NMFS
recently determined that overfishing is recurring. This proposed rule
is necessary to end overfishing and adjust allowable catch levels and
other management measures to bring the greater amberjack rebuilding
plan back on course for stock recovery within the original 10-year time
frame.
Gray triggerfish were determined to be undergoing overfishing based
on the results of a 2006 stock assessment. If approved, status
determination criteria proposed in Amendment 30A would result in the
gray triggerfish stock being considered overfished, requiring a
rebuilding plan to be implemented. Therefore, this proposed rule is
necessary to set quotas and management measures to end overfishing and
rebuild the gray triggerfish stock.
Reductions Required to End Overfishing and Rebuild Stocks
Actions in the proposed rule are designed to reduce the total
landings (commercial and recreational combined) of greater amberjack by
32 percent and gray triggerfish by at least 60 percent to end
overfishing and allow the stocks to recover to a biomass level capable
of producing maximum sustainable yield (BMSY) within each
species' respective rebuilding schedule. These landings reductions
would reduce fishing mortality (F) to levels associated with harvesting
OY under equilibrium conditions (FOY). This equates to a 50-
percent reduction in F for greater amberjack and 54-percent reduction
for gray triggerfish. In addition, Amendment 30A proposes management
thresholds and targets for gray triggerfish that comply with the
Sustainable Fisheries Act.
Allocations
Amendment 30A would establish an allocation of total allowable
catch (TAC) for the greater amberjack fishery of 73 percent for the
recreational sector and 27 percent for the commercial sector. This
allocation is estimated to increase the recreational share of TAC by 5
percent compared to the recreational/commercial ratio for 2000-2004.
For the gray triggerfish fishery, Amendment
[[Page 19041]]
30A proposes reducing commercial and recreational landings
proportionally; therefore, there would be no change relative to the
2000-2004 ratio of landings (i.e., 79 percent recreational and 21
percent commercial).
Measures Applicable to the Greater Amberjack Fishery
Rebuilding Plan
Amendment 30A would continue the 3-year stepped rebuilding plan
approach implemented through Secretarial Amendment 2 to the FMP. During
the rebuilding plan, directed TAC for each 3-year interval would be set
equal to the TAC for the first year of the interval as defined by the
constant FOY projection from the latest available stock
assessment, e.g. the 2006 assessment for 2008-2010. For 2008-2010, TAC
would be set at 1.9 million lb (863,636 kg). TAC would remain at that
level until revised via appropriate rulemaking. This rebuilding plan
approach has been projected to have a better than 50-percent chance of
rebuilding the stock to BMSY by the end of 2012.
Commercial Measures
Based on the TAC proposed in Amendment 30A, the proposed rule would
establish a commercial quota for greater amberjack of 503,000 lb
(228,157 kg) for each fishing year from 2008 through 2010. The
commercial quota would remain at that level until revised via
appropriate rulemaking. This quota would function as an ACL and
represents a 43-percent reduction in annual landings. The quota
reduction, in combination with the proposed recreational restrictions
and proposed accountability measures, would end overfishing and rebuild
biomass to BMSY by the end of 2010. The establishment of the
quota should also reduce discards in proportion to the overall
reduction in annual landings.
Recreational Measures
This proposed rule would establish a greater amberjack recreational
quota of 1,368,000 lb (620,514 kg). This quota would function as an
ACL. To help constrain the recreational harvest to this quota, the
proposed rule would increase the minimum size limit to 30 inches (76
cm) fork length (FL) and prohibit captain and crew of a vessel
operating as a charter vessel or headboat from retaining a bag limit of
greater amberjack. In combination, these restrictions are expected to
reduce recreational landings by 26 percent. Increasing the minimum size
limit to 30 inches (76 cm) FL from the current 28-inch (71-cm) limit
would allow more than 50 percent of all females to mature before being
landed. Although the proposed increase in the minimum size limit would
increase the proportion of discards, the proposed recreational measures
are expected to reduce the magnitude of dead discards because of the
large reduction in recreational landings. In conjunction with the
proposed commercial restrictions and the proposed accountability
measures, these measures would end overfishing, and rebuild biomass to
BMSY by the end of 2010.
Accountability Measures (AMs) for the Greater Amberjack Fishery
This proposed rule would establish AMs for the greater amberjack
fishery. These AMs are intended to ensure landings do not exceed the
TAC allowed by the rebuilding plan.
If commercial or recreational landings, as estimated by the
Southeast Fisheries Science Center, reach or are projected to reach the
respective commercial quota or recreational quota, the proposed rule
would authorize the Assistant Administrator Fisheries, NOAA, (AA) to
file a notification with the Office of the Federal Register to close
that sector of the fishery for the remainder of that fishing year. In
addition, if the in-season closure does not prevent commercial landings
from exceeding the quota, this proposed rule would authorize the AA to
file a notification with the Office of the Federal Register reducing
the commercial quota in the following year by the amount the quota was
exceeded in the previous year. If the in-season closure does not
prevent recreational landings from exceeding the quota, this proposed
rule would authorize the AA to file a notification with the Office of
the Federal Register to reduce the length of the following recreational
fishing season for the time necessary to recover the overage from the
previous year. Further, during that following year, if necessary, the
AA may file additional notification with the Office of the Federal
Register to readjust the reduced fishing season to ensure recreational
harvest achieves but does not exceed the intended harvest level.
Measures Applicable to the Gray Triggerfish Fishery
Rebuilding Plan
The Magnuson-Stevens Act specifies that no rebuilding plan shall
exceed 10 years unless either biological or environmental conditions
dictate otherwise. Because rebuilding projections indicate the gray
triggerfish stock can rebuild in less than 10 years, a rebuilding plan
not exceeding 10 years is required. In determining the rebuilding
timeframe, however, the Magnuson-Stevens Act also specifies that the
status and biology of the overfished population, as well as the needs
of fishing communities and interactions of the population with the
marine ecosystem be taken into account. After considering these factors
and requirements, the Council proposed a rebuilding plan based on
fishing at a rate that optimizes yield while allowing for the stock to
rebuild within 6 years. Under the proposed rebuilding plan, TAC would
be 500,000 lb (226,796 kg) for 2008, 580,000 lb (263,084 kg) for 2009,
and 660,000 lb (299,371 kg) for 2010. After 2010, TAC would remain at
the 2010 level until revised via appropriate rulemaking.
Commercial Measures
Consistent with the proposed rebuilding plan, this proposed rule
would establish a commercial gray triggerfish quota of 80,000 lb
(36,287 kg) for 2008, 93,000 lb (42,184 kg) for 2009, and 106,000 lb
(48,081 kg) for 2010. After 2010, the commercial quota would remain at
the 2010 level until revised via appropriate rulemaking. The quotas are
expected to reduce commercial landings by 61 percent, as necessary, to
end overfishing. To help constrain commercial gray triggerfish harvests
to the applicable quota, the proposed rule would increase the
commercial minimum size limit from 12 inches TL (30 cm TL) to 14 inches
FL (36 cm FL). Increasing the commercial minimum size limit would slow
the rate of harvest and may help minimize any seasonal closure that may
be implemented under the proposed accountability measures. Gray
triggerfish have a very low release mortality rate; therefore, most
undersized fish that are released survive to contribute to rebuilding
the stock. Increasing the commercial size limit would also increase the
spawning potential for this species.
Recreational Measures
Consistent with the proposed rebuilding program, the proposed rule
would establish ACLs for the recreational fishery, which would trigger
implementation of the AMs. The ACL would be 394,000 lb (178,715 kg) for
2008, 426,000 lb (193,230 kg) for 2009, and 457,000 lb (207,291 kg) for
2010 and subsequent fishing years, unless revised via subsequent
rulemaking. The proposed rule would also increase the recreational gray
triggerfish minimum size limit from 12 inches total length (TL) (30 cm
TL) to 14 inches FL (36 cm FL). Increasing the
[[Page 19042]]
minimum size limit is estimated to reduce recreational landings by 60
percent. Unlike nearly all other reef fish species managed by the
Council, gray triggerfish are hardy fish that have a very low release
mortality rate. Only approximately 1.5 percent of gray triggerfish die
after release. Also, because the number of eggs produced by a gray
triggerfish increases exponentially by size and age, the minimum size
limit increase would increase spawning potential.
Accountability Measures (AMs) for Gray Triggerfish
This proposed rule would establish AMs for the gray triggerfish
fishery. These AMs are intended to ensure landings do not exceed the
TAC allowed by the rebuilding plan.
For the commercial fishery, this proposed rule would establish
quotas and ACLs. The quota levels are less than the ACLs. The ACLs
would trigger implementation of the AMs. If commercial landings, as
estimated by the NMFS Southeast Fisheries Science Center, Science and
Research Director (SRD), reach or are projected to reach the applicable
quota, the AA would file a notification with the Office of the Federal
Register to close the commercial fishery for the remainder of the
fishing year. In addition, if despite such closure, commercial landings
exceed the applicable ACL, the AA will file a notification with the
Office of the Federal Register, at or near the beginning of the
following fishing year to reduce the quota for that following year by
the amount the prior-year ACL was exceeded. The applicable ACLs are
105,000 lb (47,627 kg) for 2008, 122,000 lb (55,338 kg) for 2009, and
138,000 lb (62,596 kg) for 2010 and subsequent fishing years.
For the recreational fishery, this proposed rule would establish
ACLs that would trigger implementation of the AMs. If recreational
landings, as estimated by the SRD, exceed the applicable ACL, the AA
will file a notification with the Office of the Federal Register
reducing the length of the following recreational fishing season by the
amount necessary to ensure recreational landings do not exceed the
recreational target TAC for that following fishing year. The
recreational ACLs are based on the yields under a constant fishing
mortality (i.e., FOY) rebuilding strategy that would allow
the stock to rebuild within approximately 6 years. During year 1 of the
rebuilding plan, the ACL is equal to the 2008 projected yield from the
constant fishing mortality rebuilding plan. The year 2 ACL (2009) would
be the average of the projected yields for the first 2 years of the
rebuilding plan (2008-2009). The 2010 (and thereafter) ACL would be a
3-year average of the projected yields for 2008-2010. The applicable
ACLs are 394,000 lb (178,715 kg) for 2008, 426,000 lb (193,230 kg) for
2009, and 457,000 lb (207,291 kg) for 2010 and subsequent fishing
years. The recreational target TACs are 356,000 lb (161,479 kg) for
2009 and 405,000 lb (183,705 kg) for 2010 and subsequent fishing years.
Recreational landings would be evaluated relative to the applicable ACL
as follows. For 2008, only 2008 recreational landings will be compared
to the ACL; in 2009, the average of 2008 and 2009 recreational landings
will be compared to the ACL; and in 2010 and subsequent fishing years,
the 3-year running average recreational landings will be compared to
the ACL. By averaging across multiple years, year-to-year fluctuations
in landings resulting from recruitment variability, regulatory
restrictions on other species, and prevailing economic conditions would
be diminished.
Reference Points and Thresholds for Gray Triggerfish
The Magnuson-Stevens Act requires that each fishery management plan
define reference points in the form of MSY and OY, and specify
objective and measurable criteria for identifying when a fishery is
overfished (minimum stock size threshold, MSST) or undergoing
overfishing (maximum fishing mortality threshold, MFMT). Together,
these four parameters are intended to provide fishery managers with the
tools to measure fishery status and performance. MSY, MFMT, and OY were
previously specified for gray triggerfish. Amendment 30A would
establish and define MSST as (1-M)*BMSY, where M is the
natural mortality rate and B30%SPR is the proxy for
BMSY. To be consistent with NMFS' precautionary approach
guidance, Amendment 30A would also revise the current specification of
OY, 20 percent spawning potential ratio (SPR), to be the yield
corresponding to an F defined as FOY = 0.75*FMSY,
where F30%SPR is the proxy for FMSY.
Availability of Amendment 30A
Additional background and rationale for the measures discussed
above are contained in Amendment 30A. The availability of Amendment 30A
was announced in the Federal Register on March 31, 2008 (73 FR 16829).
Written comments on Amendment 30A must be received by May 30, 2008. All
comments received on Amendment 30A or on this proposed rule during
their respective comment periods will be addressed in the preamble to
the final rule.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with Amendment 30A, other provisions of the Magnuson-Stevens
Act, and other applicable law, subject to further consideration after
public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared a SEIS for this amendment. A notice of availability
for the draft SEIS was published on December 14, 2007 (72 FR 71138).
NMFS prepared an IRFA, as required by section 603 of the Regulatory
Flexibility Act, for this proposed rule. The IRFA describes the
economic impact this proposed rule, if adopted, would have on small
entities. A description of the action, why it is being considered, and
the objectives of, and legal basis for this action are contained at the
beginning of this section in the preamble and in the SUMMARY section of
the preamble. A copy of the full analysis is available from the Council
(see ADDRESSES). A summary of the IRFA follows.
The proposed rule would increase the recreational and commercial
minimum size limit for gray triggerfish to 14 inches (35.6 cm) FL,
increase the recreational minimum size limit for greater amberjack to
30 inches (76 cm) FL, reduce the greater amberjack bag limit for
captain and crew of for-hire vessels to zero, establish quotas for
greater amberjack and gray triggerfish, and establish accountability
measures for greater amberjack and gray triggerfish. The Magnuson-
Stevens Act provides the statutory basis for the proposed rule.
No duplicative, overlapping, or conflicting Federal rules have been
identified. This proposed rule would not alter existing reporting,
record-keeping, or other compliance requirements.
This proposed rule would be expected to directly affect vessels
that operate in the Gulf of Mexico commercial reef fish fishery and
for-hire reef fish fisheries, and reef fish dealers or processors. The
Small Business Administration (SBA) has established size criteria for
all major industry sectors in the U.S. including fish harvesters, for-
hire operations, fish processors, and fish dealers. A business involved
in fish harvesting is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its
[[Page 19043]]
affiliates), and has combined annual receipts not in excess of $4.0
million (NAICS code 114111, finfish fishing) for all affiliated
operations worldwide. For for-hire operations, the other qualifiers
apply and the annual receipts threshold is $6.5 million (NAICS code
713990, recreational industries). For seafood processor and dealers,
rather than a receipts threshold, the SBA uses an employee threshold of
500 or fewer persons on a full-time, part-time, temporary, or other
basis, at all affiliated operations for a seafood processor and 100 or
fewer persons for a seafood dealer.
Due to incomplete 2006 and 2007 data at the time the assessments
were conducted, 2005 fishing data were used to evaluate the expected
economic impacts of the proposed actions. A commercial reef fish permit
is required to operate in the Gulf of Mexico commercial reef fish
fishery, and a moratorium on the issuance of new permits has been in
effect since 1992. On July 1, 2005, 1,209 commercial reef fish permits
were either active (not expired; 1,118 permits) or expired but eligible
for renewal (91 permits), and this is assumed to comprise the universe
of commercial harvest operations in the fishery. However, 1,285 vessels
reported reef fish landings in 2005, including vessels that transferred
permits during the year. While all commercial reef fish permitted
vessels can harvest greater amberjack or gray triggerfish, only 519
vessels landed greater amberjack and 477 vessels landed gray
triggerfish in 2005.
The annual average gross revenue and net income per vessel for
vessels in the greater amberjack or gray triggerfish fishery is
unknown. For all vessels in the commercial reef fish fishery, the
average annual gross and net revenue, respectively, for vertical line
vessels is estimated to range from approximately $24,100 (2005 dollars;
$6,800 net income) to $110,100 ($28,500 net income), while the values
for bottom longline vessels are approximately $87,600 (2005 dollars;
$15,000 net income) to $117,000 ($25,500 net income). Some fleet
behavior is known to exist in the commercial reef fish fishery, but the
extent of such is unknown, though the maximum number of permits
reported to be owned by the same entity is six. Additional permits in
this and other fisheries (and associated revenues) may be linked
through affiliation rules but these links cannot be made using existing
data. Nevertheless, based on the average annual gross revenue
information for all commercial reef fish vessels, NMFS determines, for
the purpose of this analysis, that all commercial reef fish entities
potentially affected by this proposed rule are small business entities.
An estimated 1,692 vessels are permitted to operate in the Gulf of
Mexico reef fish for-hire fishery. It is unknown how many of these
vessels operate as headboats or charterboats, a distinction which is
based on pricing behavior, and individual vessels may operate as both
types of operations at different times. However, 76 vessels participate
in the Federal headboat logbook program. Several entities own multiple
for-hire permits, with at least one entity owning as many as 12
permits.
The average charterboat is estimated to generate approximately
$77,000 (2005 dollars) in annual revenues, while the comparable figure
for an average headboat is approximately $404,000 (2005 dollars). Based
on the average annual gross revenue information for these vessels, NMFS
determines, for the purpose of this analysis, that all for-hire
entities potentially affected by this proposed rule are small business
entities.
An estimated 227 dealers are permitted to buy and sell Gulf of
Mexico reef fish species. Based on vessel logbook records for 2005, 192
of these dealers actively bought and sold greater amberjack, while 177
bought and sold gray triggerfish. All reef fish processors would be
included in this total since a processor must be a dealer. Dealers
often hold multiple types of permits and operate in both Federal and
state fisheries. It is unknown what percentage of any of the average
dealer's business comes from either greater amberjack or gray
triggerfish.
Average employment information per reef fish dealer is unknown.
Although dealers and processors are not synonymous entities, total
employment for reef fish processors in the Southeast is estimated at
approximately 700 individuals, both part and full time. While all
processors must be dealers, a dealer need not be a processor. Further,
processing is a much more labor-intensive exercise than dealing.
Therefore, given the employment estimate for the processing sector and
the total number of dealers operating in the reef fish fishery, NMFS
determines that the average number of employees per dealer and
processor does not surpass the SBA employment benchmark and, NMFS
determines, for the purpose of this analysis, that all dealers
potentially affected by this rule are small entities.
This proposed action would reduce greater amberjack harvests by 26
percent in the recreational sector and 43 percent in the commercial
sector, and gray triggerfish harvests by 60 percent and 61 percent for
the recreational and commercial sectors, respectively. Although the
expected harvest reductions are large, the subsequent impact on vessel
profits will depend on the importance of these species to vessel
revenues. In the commercial reef fish fishery, only 120 vessels landed
more than 1,000 lb (454 kg) of greater amberjack in 2005 and only 31
vessels landed more than 10,000 lb (4,536 kg) of greater amberjack. For
gray triggerfish, 44 vessels landed more than 1,000 lb (454 kg), and no
vessels landed more than 10,000 lb (4,536 kg). Thus, 399 vessels, or
approximately 77 percent of the fleet, landed less than 1,000 lb (454
kg) of greater amberjack, while 433 vessels, or approximately 91
percent of the fleet landed less than 1,000 lb (454 kg) of gray
triggerfish. This suggests that relatively few vessels in the
commercial reef fish fishery are dependent on greater amberjack, and
even fewer would be expected to be dependent on gray triggerfish.
The proposed greater amberjack actions are projected to result in a
reduction of approximately $1.3 million in net revenues to commercial
reef fish vessels over the 2008-2012 rebuilding period, or
approximately $260,000 per year. This annual loss equates to an average
of approximately $500 to $2,200 per vessel if distributed across all
vessels landing greater amberjack (519) or just vessels landing greater
than 1,000 lb (454 kg) (120). The proposed gray triggerfish actions are
projected to result in a reduction of approximately $716,000 in net
income during the 2008-2012 rebuilding period, or $145,200 per year.
This annual loss equates to approximately $300 per vessel if
distributed among all vessels landing gray triggerfish (477) or $3,300
if distributed across only those vessels landing more than 1,000 lb
(454 kg) of gray triggerfish (44).
While for-hire vessels do not derive revenues from greater
amberjack or gray triggerfish sales, most vessels target these species
at some time during the year. Assuming angler demand declines in
response to the proposed restrictions for these species, revenue and
profit reductions can be projected. As a result of the proposed greater
amberjack actions, the for-hire sector is projected to experience a
loss in net income of approximately $763,000 per year, while the
proposed gray triggerfish actions are projected to result in a loss of
approximately $514,000 per year. If these losses were distributed
equally across all vessels in the fishery, the
[[Page 19044]]
resulting loss per vessel would be less than $800 per vessel. Some
vessels are likely more dependent on these species than other vessels
due to where they fish and client preferences and, thus, may be more
severely impacted by the proposed measures.
Three alternatives, including the status quo, were considered for
the action to modify the greater amberjack rebuilding plan. The
proposed action, the status quo, would maintain the current stepped
rebuilding plan, but would update the plan with data from the 2006
stock assessment. The first alternative to the proposed action would
use the same yield projections as the proposed action, but would
increase the TAC annually instead of stepped increases. The second
alternative to the proposed action would also increase the TAC
annually, but would limit the total harvest over the 5 years of the
plan to equal that under the proposed action. These alternatives were
not selected as the proposed action because the Council believed the
step increases would allow greater stability to the fishery while still
allowing harvest to progressively increase.
Three alternatives, including the status quo, were considered for
the action to specify accountability measures for greater amberjack.
The proposed action would implement corrective action based on single-
year fishery harvest totals. Because the greater amberjack fishery is
nearer the end of the rebuilding plan, the single-year approach
provides the greatest probability of ending overfishing and rebuilding
the stock. The first alternative to the proposed greater amberjack
accountability measures, the status quo, would not specify
accountability measures and would not satisfy the requirements of the
Magnuson-Stevens Act. The second alternative to the proposed greater
amberjack accountability would trigger accountability actions on the
single year projections for the 2008 fishing season, but trigger
accountability measures through multi-year analyses thereafter. This
alternative was not selected as the proposed action because multi-year
assessment and corrective action would be expected to delay stock
rebuilding, resulting in slower realization of benefits from a rebuilt
stock.
Five alternatives, including the status quo, were considered for
the action to establish management measures for the greater amberjack
recreational fishery. The first alternative to the proposed suite of
management measures, the status quo, would not alter current management
measures and would not result in sufficient harvest reduction to
satisfy the rebuilding plan. This alternative would not, therefore,
achieve the Council's objective. The second alternative to the proposed
action would impose a higher size limit and thus would result in more
adverse economic impacts. The third alternative to the proposed action
would impose a 2-month seasonal closure. Because a closure would result
in trip cancellations, this alternative would result in more adverse
economic impacts than the proposed action which would simply restrict
the catch but otherwise allow the fishery to remain open. The last
alternative to the proposed action would impose both a seasonal closure
and higher size limit, and thus would result in even more adverse
economic impacts.
Five alternatives, including the status quo, were considered for
the action to establish management measures for the greater amberjack
commercial fishery. The first alternative to the proposed suite of
management measures, the status quo, would not alter current management
measures and would not result in sufficient harvest reduction to
satisfy the rebuilding plan. This alternative would not, therefore,
achieve the Council's objective. The second alternative to the proposed
action would impose a trip limit. Although this alternative would
achieve the same reduction as the proposed action, it would tend to
impose a more restrictive limit on fishing operations and eventually
result in more adverse economic impacts. The third alternative to the
proposed action would impose an even lower trip limit and has been
estimated to result in more adverse economic impacts than the proposed
action. The last alternative to the proposed action would add a 3-month
seasonal closure to the existing 3-month closure. Although this would
achieve about the same harvest reduction as the proposed action,
fishermen have already indicated they lost a good part of their market
to the existing 3-month closure so adding 3 more months to the existing
closed months would only exacerbate the situations fishermen would
face.
Three alternatives, including sub-options and the status quo, were
considered for the action to define stock benchmarks for gray
triggerfish. The first alternative to the proposed action, the status
quo, would maintain current definitions of OY and MFMT, but would not
set an overfished threshold (MSST), which is a required component of a
fishery management plan. This alternative would not, therefore, achieve
the Council's objective. The second alternative to the proposed
benchmarks would establish a less conservative MSST, i.e.,
0.5*BMSY versus the proposed 0.73*BMSY,
increasing the risk of not maintaining a healthy resource relative to
the proposed action.
Three alternatives, including the status quo, were considered for
the action to establish a gray triggerfish rebuilding plan. The first
alternative to the proposed rebuilding plan, the status quo, would not
establish a gray triggerfish rebuilding plan and would not achieve the
Council's objective. The second alternative to the proposed rebuilding
plan would establish a stepped plan rather the constant F rebuilding
plan under the proposed action. The stepped rebuilding plan would
increase TAC in 3-year stepped intervals with TAC in each interval set
equal to the first year of the corresponding TAC in the constant
FOY. This alternative is projected to result in greater
adverse short-term economic impacts than the proposed action.
Five alternatives were considered for the action to specify
accountability measures for gray triggerfish. The proposed action would
impose accountability measures for the recreational sector, with the
period of evaluation increasing from a 1-year to a 2-year to a 3-year
running average of landings as the rebuilding plan progresses. For the
commercial sector, the proposed action would evaluate landings on an
annual basis. The first alternative to the proposed gray triggerfish
accountability measures, the status quo, would not specify
accountability measures and would not satisfy the requirements of the
Magnuson-Stevens Act. The second and third alternatives to the proposed
accountability measures would require corrective action only if the
combined harvests of both the commercial and recreational sectors
exceed the overall target levels, differing by the type of corrective
action, allowing either a range of management harvest reduction tools,
such as trip, bag, season, or minimum size adjustments, or limiting the
corrective action to season length (closure). These alternatives were
not chosen as the proposed action because they would not preserve the
balance of sector allocations and would not achieve the enhanced stock
recovery benefits of the proposed action. The fourth alternative to the
proposed accountability measures would impose the same sector-specific
and period-of-assessment requirements of the proposed action, but would
result in a delay of corrective action because such action could only
be imposed via temporary rulemaking as authorized by section 305(c) of
the Magnuson-Stevens Act as opposed to the more timely
[[Page 19045]]
publication of a notification in the Federal Register under the
proposed action. This delay would be expected to increase the severity
of corrective action, thereby imposing greater adverse economic impacts
relative to the proposed action.
Two alternatives, including the status quo, were considered for the
action on regional gray triggerfish management. The proposed action is
the status quo, which would not establish different gray triggerfish
management measures for the eastern and western Gulf. The proposed
action would manage gray triggerfish as a unit throughout the Gulf EEZ.
The only other alternative to the proposed action would divide the
management area for gray triggerfish into two regions, namely, east and
west of the Mississippi river, and limit all proposed gray triggerfish
restrictive measures to the region east of the Mississippi river. This
alternative would be inconsistent with the identification of the
species as a single stock throughout the Gulf of Mexico and would not
rebuild the resource uniformly through its range and, thus, would not
achieve the Council's objective.
Four alternatives, including the status quo, were considered for
the action to establish management measures for the recreational gray
triggerfish fishery. The first alternative to the proposed suite of
management measures, the status quo, would not alter current management
measures and would not result in sufficient harvest reduction to
satisfy the rebuilding plan. The second alternative to the proposed
action would establish a bag limit and raise the size limit for gray
triggerfish while the third alternative to the proposed action would
impose an even lower bag limit but retain the size limit for gray
triggerfish. These additional two alternatives would not achieve the
necessary harvest reductions for the recreational sector and would not,
therefore, achieve the Council's objective.
Six alternatives, including the status quo, were considered for the
action to establish management measures for the commercial gray
triggerfish fishery. The first alternative to the proposed suite of
management measures, the status quo, would not alter current management
measures and would not result in sufficient harvest reduction to
satisfy the rebuilding plan. The other four alternatives to the
proposed action would: (1) establish a very low trip limit; (2)
increase the size limit; (3) increase the size limit and impose a trip
limit; and, (4) slightly increase the size limit and impose a lower
trip limit. These other four alternatives are projected to result in
greater harvest reductions than are required to satisfy the rebuilding
plan. Also, these alternatives were not selected as the proposed action
because specifying a quota in addition to the minimum size limit, as
would occur under the proposed action, was expected to provide greater
control over total harvest and better ensure that rebuilding plan goals
are realized.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: April 2, 2008.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
1. The authority citation for part 622 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 622.2, the definitions of ``accountability measures''
and ``annual catch limit'' are added in alphabetical order to read as
follows:
Sec. 622.2 Definitions and acronyms.
* * * * *
Accountability measure means a management control implemented such
that overfishing is prevented, where possible, and mitigated if it
occurs.
* * * * *
Annual catch limit (ACL) means the level of catch that serves as
the basis for invoking accountability measures.
* * * * *
3. In Sec. 622.37, paragraphs (d)(3)(i) and (d)(3)(iv) are revised
to read as follows:
Sec. 622.37 Size limits.
* * * * *
(d) * * *
(3) * * *
(i) Gray triggerfish--14 inches (35.6 cm), fork length.
* * * * *
(iv) Greater amberjack--30 inches (76 cm), fork length, for a fish
taken by a person subject to the bag limit specified in Sec.
622.39(b)(1)(i) and 36 inches (91.4 cm), fork length, for a fish taken
by a person not subject to the bag limit.
* * * * *
4. In Sec. 622.39, paragraph (b)(1)(i) is revised to read as
follows:
Sec. 622.39 Bag and possession limits.
* * * * *
(b) * * *
(1) * * *
(i) Greater amberjack--1. However, no greater amberjack may be
retained by the captain or crew of a vessel operating as a charter
vessel or headboat. The bag limit for such captain and crew is zero.
* * * * *
5. In Sec. 622.42, paragraphs (a)(1)(v) and (a)(1)(vi) are added,
and paragraph (a)(2) is revised to read as follows:
Sec. 622.42 Quotas.
* * * * *
(a) * * *
(1) * * *
(v) Greater amberjack--503,000 lb (228,157 kg), round weight.
(vi) Gray triggerfish--(A) For fishing year 2008--80,000 lb (36,287
kg), round weight.
(B) For fishing year 2009--93,000 lb (42,184 kg), round weight.
(C) For fishing year 2010 and subsequent fishing years --106,000 lb
(48,081 kg), round weight.
(2) Recreational quotas. The following quotas apply to persons who
fish for Gulf reef fish other than under commercial vessel permits for
Gulf reef fish and the applicable commercial quotas specified in
paragraph (a)(1) of this section.
(i) Recreational quota for red snapper. The recreational quota for
red snapper is 2.45 million lb (1.11 million kg), round weight.
(ii) Recreational quota for greater amberjack. The recreational
quota for greater amberjack is 1,368,000 lb (620,514 kg), round weight.
* * * * *
6. In Sec. 622.43, paragraph (a)(1)(iii) is added to read as
follows:
Sec. 622.43 Closures.
(a) * * *
(1) * * *
(iii) Recreational quota for greater amberjack. The bag and
possession limit for greater amberjack in or from the Gulf EEZ is zero.
* * * * *
7. Section 622.49 is added to subpart C to read as follows:
Sec. 622.49 Accountability measures.
(a) Gulf reef fish--(1) Greater amberjack--(i) Commercial fishery.
If commercial landings, as estimated by the SRD, reach or are projected
to reach the applicable quota specified in Sec. 622.42(a)(1)(v), the
Assistant Administrator for Fisheries, NOAA, (AA) will file a
notification with the Office of the Federal Register to close the
commercial fishery for the remainder of the fishing year. In addition,
if despite such closure,
[[Page 19046]]
commercial landings exceed the quota, the AA will file a notification
with the Office of the Federal Register, at or near the beginning of
the following fishing year to reduce the quota for that following year
by the amount of the overage in the prior fishing year.
(ii) Recreational fishery. If recreational landings, as estimated
by the SRD, reach or are projected to reach the applicable recreational
quota specified in Sec. 622.42(a)(2)(ii), the AA will file a
notification with the Office of the Federal Register, to close the
recreational fishery for the remainder of the fishing year. In
addition, if despite such closure, recreational landings exceed the
quota, the AA will file a notification with the Office of the Federal
Register, at or near the beginning of the following fishing year, to
reduce the length of the recreational fishing season for the following
fishing year by the amount necessary to recover the overage from the
prior fishing year. Further, during that following year, if necessary,
the AA may file additional notification with the Office of the Federal
Register to readjust the reduced fishing season to ensure recreational
harvest achieves but does not exceed the intended harvest level.
(2) Gray triggerfish--(i) Commercial fishery. If commercial
landings, as estimated by the SRD, reach or are projected to reach the
applicable quota specified in Sec. 622.42(a)(1)(vi), the AA will file
a notification with the Office of the Federal Register to close the
commercial fishery for the remainder of the fishing year. In addition,
if despite such closure, commercial landings exceed the applicable
annual catch limit (ACL), the AA will file a notification with the
Office of the Federal Register, at or near the beginning of the
following fishing year, to reduce the quota for that following year by
the amount the prior-year ACL was exceeded. The applicable ACLs are
105,000 lb (47,627 kg) for 2008, 122,000 lb (55,338 kg) for 2009, and
138,000 lb (62,596 kg) for 2010 and subsequent fishing years.
(ii) Recreational fishery. If recreational landings, as estimated
by the SRD, exceed the applicable ACL, the AA will file a notification
with the Office of the Federal Register reducing the length of the
following recreational fishing season by the amount necessary to ensure
recreational landings do not exceed the recreational target total
allowable catch for that following fishing year. The applicable ACLs
are 394,000 lb (178,715 kg) for 2008, 426,000 lb (193,230 kg) for 2009,
and 457,000 lb (207,291 kg) for 2010 and subsequent fishing years. The
recreational target total allowable catches are 356,000 lb (161,479 kg)
for 2009 and 405,000 lb (183,705 kg) for 2010 and subsequent fishing
years. Recreational landings will be evaluated relative to the
applicable ACL as follows. For 2008, only 2008 recreational landings
will be compared to the ACL; in 2009, the average of 2008 and 2009
recreational landings will be compared to the ACL; and in 2010 and
subsequent fishing years, the 3-year running average recreational
landings will be compared to the ACL.
(b) [Reserved]
[FR Doc. E8-7379 Filed 4-7-08; 8:45 am]
BILLING CODE 3510-22-S