Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 37, 5404-5406 [2013-01431]
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5404
Federal Register / Vol. 78, No. 17 / Friday, January 25, 2013 / Proposed Rules
Gulf of Mexico (FMP; formerly the Draft
Generic Amendment to Gulf of Mexico
Fishery Management Plans for Offshore
Aquaculture) on September 2, 2004. A
notice of availability for the draft
programmatic environmental impact
statement (PEIS) was published on
September 12, 2008. On June 26, 2009,
a notice of availability was published
for the final PEIS.
This supplemental NOI is intended to
inform the public of NMFS and the
Council’s decision to consider new
information from the Deepwater
Horizon (DWH) MC252 blowout. This
information is needed in order to
consider potential changes to the
environment linked to the DWH
blowout and determine if and how such
changes may affect the actions and
alternatives analyzed in the FMP.
Comments are being solicited on the
range of issues related to the DWH
blowout to be addressed in the SFPEIS.
DATES: Written comments on the range
of issues to be addressed in the SFPEIS
will be accepted until February 25,
2013.
ADDRESSES: You may submit comments
on the supplemental NOI identified by
NOAA–NMFS–2008–0233 by any of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal: https://
www.regulations.gov. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20080233, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Jess Beck, Southeast Regional Office,
NMFS, 263 13th Avenue South, St.
Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
Electronic copies of the FMP, which
includes a final programmatic
environmental impact statement
VerDate Mar<15>2010
17:46 Jan 24, 2013
Jkt 229001
(FPEIS), an initial regulatory flexibility
analysis (IRFA), and a regulatory impact
review (RIR) may be obtained from the
Southeast Regional Office Web site at
https://sero.nmfs.noaa.gov/sf/
AquacultureHomepage.htm or may be
downloaded from the Council’s Web
site at https://gulfcouncil.org/
fishery_management_plans/
aquaculture_management.php.
FOR FURTHER INFORMATION CONTACT: Jess
Beck, 727–824–5301, email:
Jess.Beck@noaa.gov.
SUPPLEMENTARY INFORMATION:
Aquaculture in the Gulf 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 MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
Background
Worldwide demand for protein is
increasing and fisheries production will
not likely be adequate to supply the
world demand for fisheries products
without supplementation through
aquaculture. In the United States,
approximately 84 percent of all seafood
consumed is currently imported from
other countries, creating an annual trade
deficit of over 9 billion dollars. It is
estimated by 2025, two million more
metric tons of seafood will be needed
over and above what is consumed today.
Commercial wild-capture fishery
production has remained stable or
declined in recent decades, due to
overfishing and increasingly stringent
management restrictions.
Aquaculture is one method to meet
current and future demands for seafood.
Prior to the FMP, there was no process
for accommodating commercial-scale
offshore aquaculture in Federal waters
of the Gulf of Mexico (Gulf), other than
live rock aquaculture which is
authorized under Amendments 2 and 3
to the Fishery Management Plan for
Coral and Coral Reefs of the Gulf. NMFS
may issue an exempted fishing permit
(EFP) to conduct offshore aquaculture in
Federal waters; however, an EFP is of
limited duration and is not intended for
commercial production of fish and
shellfish. The Council developed the
FMP under the authority of the
Magnuson-Stevens Act to authorize the
development of commercial aquaculture
operations in Federal waters of the Gulf.
The FMP was initiated to provide a
comprehensive framework for
authorizing and regulating offshore
aquaculture activities. The FMP also
establishes a programmatic approach for
evaluating the potential impacts of
PO 00000
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Fmt 4702
Sfmt 4702
proposed aquaculture operations in the
Gulf.
A NOI for the FMP was published on
September 2, 2004 (69 FR 53682). A
notice of availability for the draft PEIS
was published on September 12, 2008
(73 FR 53001). On June 26, 2009, a
notice of availability was published for
the final PEIS (74 FR 30569). The FMP
entered into effect by operation of law
on September 3, 2009.
On April 20, 2010, an explosion
occurred on the DWH MC252 oil rig,
resulting in the release of an estimated
4.9 million bbl (779 million L) of oil
into the Gulf. In addition, 1.84 million
gal (6.96 million L) of Corexit 9500A
dispersant were applied as part of the
effort to constrain the spill. The well
was successfully capped in a
coordinated effort on July 15, 2010.
This supplemental NOI is intended to
inform the public of NMFS and the
Council’s decision to consider new
information from the DWH MC252
blowout. This information is needed in
order to consider potential changes to
the environment linked to the DWH
blowout and determine if and how such
changes may affect the actions and
alternatives analyzed in the FMP.
Comments are being solicited on the
range of issues related to the DWH
blowout to be addressed in the SFPEIS.
Availability of the draft SFPEIS will be
published at a later date in the Federal
Register.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 18, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–01562 Filed 1–24–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BC66
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Amendment 37
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for comments.
AGENCY:
The Gulf of Mexico Fishery
Management Council (Council) has
SUMMARY:
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sroberts on DSK5SPTVN1PROD with
Federal Register / Vol. 78, No. 17 / Friday, January 25, 2013 / Proposed Rules
submitted Amendment 37 to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP)
for review, approval, and
implementation by NMFS. Amendment
37 proposes to modify the gray
triggerfish rebuilding plan; revise the
commercial and recreational sector’s
annual catch limits (ACLs) and annual
catch targets (ACTs) for gray triggerfish;
revise the recreational sector
accountability measures (AMs) for gray
triggerfish; revise the gray triggerfish
recreational bag limit; establish a
commercial trip limit for gray
triggerfish; and establish a fixed closed
season for the gray triggerfish
commercial and recreational sectors.
The intent of Amendment 37 is to end
overfishing of gray triggerfish and help
achieve optimum yield (OY) for the gray
triggerfish resource in accordance with
the requirements of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
DATES: Written comments must be
received on or before March 26, 2013.
ADDRESSES: You may submit comments
on this document, identified by
‘‘NOAA–NMFS–2012–0199’’, by any of
the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20120199, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Rich Malinowski, Southeast Regional
Office, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
Electronic copies of the amendment
may be obtained from the Southeast
Regional Office Web site at https://
sero.nmfs.noaa.gov.
VerDate Mar<15>2010
17:46 Jan 24, 2013
Jkt 229001
Rich
Malinowski, Southeast Regional Office,
NMFS, telephone 727–824–5305; email:
rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Gulf of Mexico (Gulf)
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 Act. The MagnusonStevens Act also requires that NMFS,
upon receiving a plan or amendment,
publish an announcement in the
Federal Register notifying the public
that the plan or amendment is available
for review and comment. All gray
triggerfish weights discussed in this
proposed rule are in round weight.
FOR FURTHER INFORMATION CONTACT:
Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing and
achieve, on a continuing basis, the 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, to minimize bycatch and bycatch
mortality to the extent practicable, and
to establish AMs for a stock to ensure
ACLs are not exceeded. Amendment 37
addresses these issues for gray
triggerfish.
Status of the Gray Triggerfish Stock
The last Southeast Data, Assessment,
and Review (SEDAR) benchmark stock
assessment for gray triggerfish was
completed in 2006 (SEDAR 9). SEDAR
9 indicated that the gray triggerfish
stock was both overfished and possibly
undergoing overfishing. Subsequently,
Amendment 30A to the FMP established
a gray triggerfish rebuilding plan
beginning in the 2008 fishing year (73
FR 38139, July 3, 2008). In 2011, a
SEDAR update stock assessment for gray
triggerfish determined that the gray
triggerfish stock was still overfished and
was additionally undergoing
overfishing. The 2011 update
assessment indicated the 2008 gray
triggerfish rebuilding plan had not made
adequate progress toward ending
overfishing and rebuilding the stock.
NMFS informed the Council of this
determination in a letter dated March
13, 2012. NMFS also requested that the
Council work to end overfishing of gray
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5405
triggerfish immediately and to revise the
gray triggerfish stock rebuilding plan.
As a way to more quickly implement
measures to end overfishing and rebuild
the stock, the Council requested and
NMFS implemented a temporary rule to
reduce the gray triggerfish commercial
and recreational ACLs and ACTs (77 FR
28308, May 14, 2012). The temporary
rule also established an in-season AM
for the gray triggerfish recreational
sector to be more consistent with the
commercial sector AMs and provide for
an additional level of protection to
ensure that the recreational ACL is not
exceeded and that the risk of overfishing
is reduced. These interim measures
were then extended through May 15,
2013, to ensure that the more permanent
measures being developed through
Amendment 37 could be implemented
without a lapse in these more protective
management measures (77 FR 67303,
November 9, 2012).
Actions Contained in Amendment 37
Amendment 37 proposes to modify
the gray triggerfish rebuilding plan,
revise the commercial and recreational
sector’s ACLs and ACTs for gray
triggerfish (the commercial ACT is
expressed as the commercial quota in
the regulatory text), revise the
recreational sector AMs for gray
triggerfish, revise the gray triggerfish
recreational bag limit, establish a
commercial trip limit for gray
triggerfish, and establish a fixed closed
season for the gray triggerfish
commercial and recreational sectors.
Modifications to the Gray Triggerfish
Rebuilding Plan
Amendment 37 would revise the
rebuilding plan for gray triggerfish. The
gray triggerfish stock is currently in the
5th year of a rebuilding plan that began
in 2008. Amendment 37 would modify
the rebuilding plan in response to the
results from the 2011 SEDAR 9 Update
and the Council’s subsequent Scientific
and Statistical Committee (SSC) review
and recommendations for the gray
triggerfish allowable biological catch
(ABC). The modified rebuilding plan
would be based on a constant fishing
mortality rate that does not exceed the
fishing mortality rate at OY.
ACLs and ACTs
Amendment 37 would revise the
ACLs for the gray triggerfish commercial
and recreational sectors. Amendment 37
would also revise the ACTs (commercial
ACT expressed as a quota in the
regulatory text) for both sectors.
The Council’s SSC reviewed the gray
triggerfish 2011 SEDAR 9 Update. The
SSC recommended that the ABC for gray
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5406
Federal Register / Vol. 78, No. 17 / Friday, January 25, 2013 / Proposed Rules
triggerfish for the 2012 and 2013 fishing
years be set at 305,300 lb (138,346 kg).
Based on this recommendation, the
commercial and recreational ACLs and
ACTs for the gray triggerfish need to be
updated.
In Amendment 30A to the FMP, the
Council established a 21 percent
commercial and 79 percent recreational
allocation of the gray triggerfish ABC
(73 FR 38139, July 3, 2008). These
allocations are used to set the
commercial and recreational sectorspecific ACLs. The ABC recommended
by the SSC is 305,300 lb (138,482 kg)
and the combined sector ACLs are equal
to the ABC. Based on the allocations
established in Amendment 30A to the
FMP, Amendment 37 would set a
reduced commercial ACL of 64,100 lb
(29,075 kg), and a reduced recreational
ACL of 241,200 lb (109,406 kg).
The Generic Annual Catch Limit
Amendment developed by the Council
and implemented by NMFS (76 FR
82044, December 29, 2011) established
a standardized procedure to set sectorspecific ACTs based on the ACLs. ACTs
are intended to account for management
uncertainty and provide a buffer that
better ensures a sector does not exceed
its designated ACL. The Council chose
to use this procedure, which resulted in
a 5 percent buffer between the
commercial ACL and ACT, and a 10
percent buffer between the recreational
ACL and ACT. Therefore, Amendment
37 would set the commercial ACT
(commercial quota) at 60,900 lb (27,624
kg), and the recreational ACT at 217,100
lb (98,475 kg). The proposed ACLs and
ACTs in Amendment 37 are the same as
those currently in place as implemented
through the temporary rule for gray
triggerfish (77 FR 28308, May 14, 2012).
The current commercial gray triggerfish
quota functions as the commercial ACT.
sroberts on DSK5SPTVN1PROD with
AMs
Amendment 37 proposes to modify
the gray triggerfish recreational sector
AMs. Currently, the AM for the
recreational sector is triggered if the
recreational ACL is exceeded and
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17:46 Jan 24, 2013
Jkt 229001
requires NMFS to reduce the length of
the following year’s fishing season by
the amount necessary to ensure that
recreational landings do not exceed the
recreational ACT during the following
year. Amendment 37 would replace this
AM with an in-season AM, in the form
of a recreational season closure that
would prohibit the recreational harvest
of gray triggerfish after the recreational
ACT is reached or projected to be
reached. This in-season AM would
provide an additional level of protection
to help ensure that the recreational ACL
is not exceeded and reduce the risk of
overfishing. Amendment 37 would also
add an overage adjustment that would
apply if the recreational sector ACL is
exceeded and gray triggerfish are
overfished. This post-season AM would
reduce the recreational ACL and ACT
for the following year by the amount of
the ACL overage in the prior fishing
year, unless the best scientific
information available determines that a
greater, lesser, or no overage adjustment
is necessary.
Commercial Trip Limit
Currently, there is no trip limit for the
commercial sector. Amendment 37
would establish a commercial trip limit
for gray triggerfish of 12 fish. This trip
limit would allow commercial reef fish
fisherman to harvest their incidental
catch of gray triggerfish. This trip limit
would be applicable until the
commercial ACT (commercial quota) is
reached or projected to be reached
during a fishing year and the
commercial sector is closed.
Seasonal Closure of the Commercial
and Recreational Sectors
Amendment 37 would establish a
seasonal closure of the gray triggerfish
commercial and recreational sectors in
the Gulf from June through July, each
year. This fixed seasonal closure would
occur during gray triggerfish peak
spawning season and during the period
with the highest percentage of
recreational landings.
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Fmt 4702
Sfmt 9990
Recreational Bag Limit
Gray triggerfish currently are part of
the 20-fish aggregate reef fish
recreational bag limit. As such, there is
currently no specific limit for
recreational gray triggerfish landings as
long as the total is 20 fish or less.
Amendment 37 would establish a 2-fish
gray triggerfish recreational bag limit
within the 20-fish aggregate reef fish bag
limit. This recreational bag limit would
be applicable until the recreational ACT
is reached or projected to be reached
during a fishing year and the
recreational sector is closed.
Proposed Rule for Amendment 37
A proposed rule that would
implement Amendment 37 has been
drafted. In accordance with the
Magnuson-Stevens Act, NMFS is
evaluating Amendment 37 to determine
whether it is consistent with the FMP,
the Magnuson-Stevens Act, and other
applicable law. If the determination is
affirmative, NMFS will publish the
proposed rule in the Federal Register
for public review and comment.
Consideration of Public Comments
The Council submitted Amendment
37 for Secretarial review, approval, and
implementation. NMFS’ decision to
approve, partially approve, or
disapprove Amendment 37 will be
based, in part, on consideration of
comments, recommendations, and
information received during the
comment period on this notice of
availability.
Public comments received by 5 p.m.
eastern time, on March 26, 2013, will be
considered by NMFS in the approval/
disapproval decision regarding
Amendment 37.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 17, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–01431 Filed 1–24–13; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\25JAP1.SGM
25JAP1
]]>Agencies
[Federal Register Volume 78, Number 17 (Friday, January 25, 2013)]
[Proposed Rules]
[Pages 5404-5406]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01431]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BC66
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Amendment 37
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Gulf of Mexico Fishery Management Council (Council) has
[[Page 5405]]
submitted Amendment 37 to the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP) for review, approval, and
implementation by NMFS. Amendment 37 proposes to modify the gray
triggerfish rebuilding plan; revise the commercial and recreational
sector's annual catch limits (ACLs) and annual catch targets (ACTs) for
gray triggerfish; revise the recreational sector accountability
measures (AMs) for gray triggerfish; revise the gray triggerfish
recreational bag limit; establish a commercial trip limit for gray
triggerfish; and establish a fixed closed season for the gray
triggerfish commercial and recreational sectors. The intent of
Amendment 37 is to end overfishing of gray triggerfish and help achieve
optimum yield (OY) for the gray triggerfish resource in accordance with
the requirements of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act).
DATES: Written comments must be received on or before March 26, 2013.
ADDRESSES: You may submit comments on this document, identified by
``NOAA-NMFS-2012-0199'', by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2012-0199, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Rich Malinowski,
Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg,
FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
Electronic copies of the amendment may be obtained from the
Southeast Regional Office Web site at https://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, Southeast Regional
Office, NMFS, telephone 727-824-5305; email: rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
(Gulf) 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 Act. The Magnuson-Stevens Act also
requires that NMFS, upon receiving a plan or amendment, publish an
announcement in the Federal Register notifying the public that the plan
or amendment is available for review and comment. All gray triggerfish
weights discussed in this proposed rule are in round weight.
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the 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, to minimize bycatch
and bycatch mortality to the extent practicable, and to establish AMs
for a stock to ensure ACLs are not exceeded. Amendment 37 addresses
these issues for gray triggerfish.
Status of the Gray Triggerfish Stock
The last Southeast Data, Assessment, and Review (SEDAR) benchmark
stock assessment for gray triggerfish was completed in 2006 (SEDAR 9).
SEDAR 9 indicated that the gray triggerfish stock was both overfished
and possibly undergoing overfishing. Subsequently, Amendment 30A to the
FMP established a gray triggerfish rebuilding plan beginning in the
2008 fishing year (73 FR 38139, July 3, 2008). In 2011, a SEDAR update
stock assessment for gray triggerfish determined that the gray
triggerfish stock was still overfished and was additionally undergoing
overfishing. The 2011 update assessment indicated the 2008 gray
triggerfish rebuilding plan had not made adequate progress toward
ending overfishing and rebuilding the stock. NMFS informed the Council
of this determination in a letter dated March 13, 2012. NMFS also
requested that the Council work to end overfishing of gray triggerfish
immediately and to revise the gray triggerfish stock rebuilding plan.
As a way to more quickly implement measures to end overfishing and
rebuild the stock, the Council requested and NMFS implemented a
temporary rule to reduce the gray triggerfish commercial and
recreational ACLs and ACTs (77 FR 28308, May 14, 2012). The temporary
rule also established an in-season AM for the gray triggerfish
recreational sector to be more consistent with the commercial sector
AMs and provide for an additional level of protection to ensure that
the recreational ACL is not exceeded and that the risk of overfishing
is reduced. These interim measures were then extended through May 15,
2013, to ensure that the more permanent measures being developed
through Amendment 37 could be implemented without a lapse in these more
protective management measures (77 FR 67303, November 9, 2012).
Actions Contained in Amendment 37
Amendment 37 proposes to modify the gray triggerfish rebuilding
plan, revise the commercial and recreational sector's ACLs and ACTs for
gray triggerfish (the commercial ACT is expressed as the commercial
quota in the regulatory text), revise the recreational sector AMs for
gray triggerfish, revise the gray triggerfish recreational bag limit,
establish a commercial trip limit for gray triggerfish, and establish a
fixed closed season for the gray triggerfish commercial and
recreational sectors.
Modifications to the Gray Triggerfish Rebuilding Plan
Amendment 37 would revise the rebuilding plan for gray triggerfish.
The gray triggerfish stock is currently in the 5th year of a rebuilding
plan that began in 2008. Amendment 37 would modify the rebuilding plan
in response to the results from the 2011 SEDAR 9 Update and the
Council's subsequent Scientific and Statistical Committee (SSC) review
and recommendations for the gray triggerfish allowable biological catch
(ABC). The modified rebuilding plan would be based on a constant
fishing mortality rate that does not exceed the fishing mortality rate
at OY.
ACLs and ACTs
Amendment 37 would revise the ACLs for the gray triggerfish
commercial and recreational sectors. Amendment 37 would also revise the
ACTs (commercial ACT expressed as a quota in the regulatory text) for
both sectors.
The Council's SSC reviewed the gray triggerfish 2011 SEDAR 9
Update. The SSC recommended that the ABC for gray
[[Page 5406]]
triggerfish for the 2012 and 2013 fishing years be set at 305,300 lb
(138,346 kg). Based on this recommendation, the commercial and
recreational ACLs and ACTs for the gray triggerfish need to be updated.
In Amendment 30A to the FMP, the Council established a 21 percent
commercial and 79 percent recreational allocation of the gray
triggerfish ABC (73 FR 38139, July 3, 2008). These allocations are used
to set the commercial and recreational sector-specific ACLs. The ABC
recommended by the SSC is 305,300 lb (138,482 kg) and the combined
sector ACLs are equal to the ABC. Based on the allocations established
in Amendment 30A to the FMP, Amendment 37 would set a reduced
commercial ACL of 64,100 lb (29,075 kg), and a reduced recreational ACL
of 241,200 lb (109,406 kg).
The Generic Annual Catch Limit Amendment developed by the Council
and implemented by NMFS (76 FR 82044, December 29, 2011) established a
standardized procedure to set sector-specific ACTs based on the ACLs.
ACTs are intended to account for management uncertainty and provide a
buffer that better ensures a sector does not exceed its designated ACL.
The Council chose to use this procedure, which resulted in a 5 percent
buffer between the commercial ACL and ACT, and a 10 percent buffer
between the recreational ACL and ACT. Therefore, Amendment 37 would set
the commercial ACT (commercial quota) at 60,900 lb (27,624 kg), and the
recreational ACT at 217,100 lb (98,475 kg). The proposed ACLs and ACTs
in Amendment 37 are the same as those currently in place as implemented
through the temporary rule for gray triggerfish (77 FR 28308, May 14,
2012). The current commercial gray triggerfish quota functions as the
commercial ACT.
AMs
Amendment 37 proposes to modify the gray triggerfish recreational
sector AMs. Currently, the AM for the recreational sector is triggered
if the recreational ACL is exceeded and requires NMFS to reduce the
length of the following year's fishing season by the amount necessary
to ensure that recreational landings do not exceed the recreational ACT
during the following year. Amendment 37 would replace this AM with an
in-season AM, in the form of a recreational season closure that would
prohibit the recreational harvest of gray triggerfish after the
recreational ACT is reached or projected to be reached. This in-season
AM would provide an additional level of protection to help ensure that
the recreational ACL is not exceeded and reduce the risk of
overfishing. Amendment 37 would also add an overage adjustment that
would apply if the recreational sector ACL is exceeded and gray
triggerfish are overfished. This post-season AM would reduce the
recreational ACL and ACT for the following year by the amount of the
ACL overage in the prior fishing year, unless the best scientific
information available determines that a greater, lesser, or no overage
adjustment is necessary.
Commercial Trip Limit
Currently, there is no trip limit for the commercial sector.
Amendment 37 would establish a commercial trip limit for gray
triggerfish of 12 fish. This trip limit would allow commercial reef
fish fisherman to harvest their incidental catch of gray triggerfish.
This trip limit would be applicable until the commercial ACT
(commercial quota) is reached or projected to be reached during a
fishing year and the commercial sector is closed.
Seasonal Closure of the Commercial and Recreational Sectors
Amendment 37 would establish a seasonal closure of the gray
triggerfish commercial and recreational sectors in the Gulf from June
through July, each year. This fixed seasonal closure would occur during
gray triggerfish peak spawning season and during the period with the
highest percentage of recreational landings.
Recreational Bag Limit
Gray triggerfish currently are part of the 20-fish aggregate reef
fish recreational bag limit. As such, there is currently no specific
limit for recreational gray triggerfish landings as long as the total
is 20 fish or less. Amendment 37 would establish a 2-fish gray
triggerfish recreational bag limit within the 20-fish aggregate reef
fish bag limit. This recreational bag limit would be applicable until
the recreational ACT is reached or projected to be reached during a
fishing year and the recreational sector is closed.
Proposed Rule for Amendment 37
A proposed rule that would implement Amendment 37 has been drafted.
In accordance with the Magnuson-Stevens Act, NMFS is evaluating
Amendment 37 to determine whether it is consistent with the FMP, the
Magnuson-Stevens Act, and other applicable law. If the determination is
affirmative, NMFS will publish the proposed rule in the Federal
Register for public review and comment.
Consideration of Public Comments
The Council submitted Amendment 37 for Secretarial review,
approval, and implementation. NMFS' decision to approve, partially
approve, or disapprove Amendment 37 will be based, in part, on
consideration of comments, recommendations, and information received
during the comment period on this notice of availability.
Public comments received by 5 p.m. eastern time, on March 26, 2013,
will be considered by NMFS in the approval/disapproval decision
regarding Amendment 37.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 17, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-01431 Filed 1-24-13; 8:45 am]
BILLING CODE 3510-22-P
