Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 51, 11937-11939 [2020-04091]
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11937
Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Proposed Rules
TABLE 1—PROPOSED ACTION ON LOUISIANA INFRASTRUCTURE SIP SUBMITTALS FOR THE 2015 OZONE NAAQS UNDER
CAA SECTION 110(a)(2)(A)–(M)—Continued
Element
2015 O3
(D)(i)(II): Prohibit emissions to other states which will (3) interfere with PSD requirements .................................................................
(D)(i)(II): Prohibit emissions to other states which will (4) interfere with visibility protection ..................................................................
(D)(ii): Interstate Pollution Abatement and International Air Pollution ....................................................................................................
(E)(i): Adequate resources ......................................................................................................................................................................
(E)(ii): State boards .................................................................................................................................................................................
(E)(iii): Necessary assurances with respect to local agencies ................................................................................................................
(F): Stationary source monitoring system ...............................................................................................................................................
(G): Emergency power ............................................................................................................................................................................
(H): Future SIP revisions .........................................................................................................................................................................
(I): Nonattainment area plan or plan revisions under part D ..................................................................................................................
(J)(i): Consultation with government officials ..........................................................................................................................................
(J)(ii): Public notification ..........................................................................................................................................................................
(J)(iii): PSD ..............................................................................................................................................................................................
(J)(iv): Visibility protection ........................................................................................................................................................................
(K): Air quality modeling and data ...........................................................................................................................................................
(L): Permitting fees ..................................................................................................................................................................................
(M): Consultation and participation by affected local entities .................................................................................................................
A
NA
A
A
A
A
A
A
A
+
A
A
A
+
A
A
A
Key to Table:
A—Approve;
+—Not germane to infrastructure SIPs
NA—No action. EPA will take future action in a separate rulemaking action.
Based upon our review of these
infrastructure SIP submissions and
relevant statutory and regulatory
authorities and provisions referenced in
the State’s submissions or referenced in
the Louisiana SIP, the EPA finds that
Louisiana has the infrastructure in place
to address required elements of CAA
sections 110(a)(2)(A)–(C), (D)(i)(II) subelement 3, (D)(ii)–(H), and (J)–(M) to
ensure that the 2015 ozone NAAQS is
implemented throughout the State of
Louisiana.
jbell on DSKJLSW7X2PROD with PROPOSALS
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve SIP submissions
that comply with provisions of the Act
and applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, the EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
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of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
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impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Ozone, Incorporation
by reference, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 24, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020–04065 Filed 2–27–20; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BJ20
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Amendment 51
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for comments.
AGENCY:
The Gulf of Mexico (Gulf)
Fishery Management Council (Council)
has submitted Amendment 51 to the
Fishery Management Plan for the Reef
SUMMARY:
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Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Proposed Rules
Fish Resources of the Gulf of Mexico
(FMP) for review, approval, and
implementation by NMFS. If approved
by the Secretary of Commerce
(Secretary), Amendment 51 would
establish and modify status
determination criteria and harvest levels
for the gray snapper stock. The purposes
of Amendment 51 are to end overfishing
of gray snapper and achieve optimum
yield (OY) for the stock.
DATES: Written comments must be
received by April 28, 2020.
ADDRESSES: You may submit comments
on Amendment 51 identified by
‘‘NOAA–NMFS–2019–0116’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190116, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit all written comments
to Peter Hood, NMFS Southeast
Regional Office, 263 13th Avenue
South, St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of Amendment 51,
which includes an environmental
assessment, a fishery impact statement,
a Regulatory Flexibility Act analysis,
and a regulatory impact review, may be
obtained from www.regulations.gov or
the Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
amendment-51-establish-gray-snapperstatus-determination-criteria-andmodify-annual-catch.
FOR FURTHER INFORMATION CONTACT:
Peter Hood, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
peter.hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires each
regional fishery management council to
submit any FMP or amendment to
NMFS for review and approval, partial
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approval, or disapproval. The
Magnuson-Stevens Act also requires
that NMFS, upon receiving an FMP or
amendment, publish an announcement
in the Federal Register notifying the
public that the FMP or amendment is
available for review and comment.
The Council prepared the FMP being
revised by Amendment 51, and, if
approved, Amendment 51 would be
implemented by NMFS through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Act.
Background
Gray snapper in the Gulf exclusive
economic zone (EEZ) are managed as a
single stock with a stock annual catch
limit (ACL), and a stock annual catch
target (ACT). There is no allocation
between the commercial and
recreational sectors. Gray snapper occur
in estuaries and shelf waters of the Gulf,
and are particularly abundant off south
and southwest Florida.
Generally, the fishing season is open
year-round, January 1 through December
31. However, accountability measures
(AMs) for gray snapper specify that if
commercial and recreational landings
exceed the stock ACL in a fishing year,
then during the following fishing year if
the stock ACL is reached or is projected
to be reached, the commercial and
recreational sectors will be closed for
the remainder of the fishing year. The
gray snapper ACL and AMs were
implemented in 2012 (76 FR 82044;
December 29, 2011) and the stock ACL
of 2.42 million lb (1.1 million kg), round
weight, was not exceeded between 2012
and 2018. A preliminary review of the
most recent landings data suggest the
ACL will also not be exceeded in 2019.
However, landings in 2014 and 2016 did
exceed the ACLs proposed in
Amendment 51. Unless stated
otherwise, all weights in this notice are
described in round weight.
In 2018, the stock status of gray
snapper was evaluated for the first time
through a Southeast Data, Assessment,
and Review benchmark stock
assessment (SEDAR 51). SEDAR 51 was
completed and reviewed by the
Council’s Scientific and Statistical
Committee (SSC) in May 2018. The SSC
accepted the gray snapper assessment as
the best scientific information available
and determined that the stock is
experiencing overfishing as of 2015
because the fishing mortality rate (F) in
2015 was greater than the maximum
fishing mortality threshold (MFMT).
However, the SSC was not able to
determine if the stock is overfished
because the maximum sustainable yield
(MSY) and minimum stock size
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Fmt 4702
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threshold (MSST) for gray snapper are
not specified in the FMP.
Actions Contained in Amendment 51
Amendment 51 includes actions to set
the MSY, MSST, OY, and modify the
MFMT, overfishing limit (OFL),
acceptable biological catch (ABC), ACL
and ACT for the gray snapper stock in
the Gulf. Amendment 51 also updates
the goals and objectives of the FMP.
Maximum Sustainable Yield
SEDAR 51 could not estimate the
actual MSY with the best scientific
information available. Therefore, the
Council considered alternatives for an
MSY proxy that uses the spawning
potential ratio (SPR). The SPR is the
ratio of the average number of eggs per
fish over its lifetime when the stock is
fished compared to the same value
when the stock is not fished. The SPR
assumes that a certain amount of fish
must survive and spawn in order to
replenish the stock. Analyses of stocks
with various life histories suggest that,
in general, MSY is most commonly
associated with the yield when fishing
at an F that corresponds to an SPR
between 30 and 40 percent.
After reviewing the SEDAR 51
assessment, the SSC recommended that
the MSY proxy be set at the yield when
fishing at an F corresponding to 30
percent SPR (F30%SPR), which is
consistent with the current MFMT
definition. However, the Council noted
that the Gulf red snapper proxy is set at
the yield when fishing at an F
corresponding to 26 percent SPR
(F30%SPR), which allows for a larger yield
at a given stock size. After further
analyses and review, the SSC
determined that the yield when fishing
at F30%SPR is scientifically acceptable as
a proxy for MSY, but maintained its
previous recommendation of the more
risk-averse MSY proxy using the yield
when fishing at F30%SPR because of the
uncertainty in the SEDAR 51
assessment.
The Council selected the yield when
fishing at F30%SPR for the MSY proxy.
This proxy is consistent with the MSY
proxy used for red snapper, which has
a similar life history to gray snapper.
The Council selected this proxy to
balance protection of the gray snapper
stock with the increase in social and
economic benefits for fishers targeting
the species that is expected to result
from allowing more harvest.
Status Determination Criteria
NMFS uses the MSST and MFMT to
determine if a stock is overfished or
undergoing overfishing, respectively. If
the stock biomass falls below the MSST,
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Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Proposed Rules
then the stock is considered overfished
and the Council would then need to
develop a rebuilding plan capable of
returning the stock to a level that allows
the stock to achieve MSY on a
continuing basis. In years when there is
a stock assessment, if fishing mortality
exceeds the MFMT, a stock is
considered to be undergoing overfishing
because this level of fishing mortality, if
continued, would reduce the stock
biomass to an overfished condition. In
years in which there is no assessment,
overfishing occurs if landings exceed
the OFL.
Currently, the MFMT is equal to
F30%SPR. Because the MSY proxy
selected in Amendment 51 is the yield
when fishing at F30%SPR, the Council
chose to modify the MFMT to be equal
to F30%SPR for consistency. Under this
definition, projections from SEDAR 51
suggest overfishing ended in 2017.
The MSST needs to be equal or less
than the biomass (B) capable of
producing MSY or MSY proxy (Bmsy (or
MSY proxy)). The closer the MSST value is
to Bmsy (or MSY proxy), the more likely a
stock could be declared overfished due
to year-to-year fluctuations in stock
biomass, resulting in an unneeded
rebuilding plan. However, if MSST is
set too low, then rebuilding the stock to
MSY levels could result in more
stringent management measures.
Consistent with other reef fish stocks
with a defined MSST (gag, red grouper,
red snapper, vermilion snapper, gray
triggerfish, greater amberjack, and
hogfish), the Council selected the MSST
for gray snapper as 0.50*BMSY(or MSY
proxy). The Council determined that
because the Magnuson-Stevens Act
requires ACLs and AMs to prevent
overfishing, and that any overfishing be
ended immediately, it is unlikely that
sustained overfishing would occur and
cause a stock to fall below the MSST.
Under this MSST, the result of SEDAR
51 indicate that the gray snapper stock
would not be overfished.
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Optimum Yield
The Council determined that the OY
should be the yield when fishing at 90
percent of FMSY (or MSY proxy). This value
would allow for more harvest over the
long term and likely have greater social
and economic benefits, although it
provides less protection to the stock
than other values considered (the yield
when fishing at 50 and 75 percent of
FMSY (or MSY proxy)). However, as noted
previously, the ACLs and AM control
yearly harvest and are designed to
prevent overfishing.
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Overfishing Limit, Acceptable Biological
Catch, Annual Catch Limit, and Annual
Catch Target
The current OFL, ABC, and ACL for
gray snapper were established in the
Generic ACL/AM Amendment using the
Council’s ABC control rule for stocks
that have not been assessed, but are
stable over time (76 FR 82044;
December 29, 2011). The OFL is equal
to 2.88 million lb (1.31 million kg),
which is the mean plus 2.0 standard
deviations of the annual landings from
1998 through 2008. The ABC is equal to
2.42 million lb (1.1 million kg), which
is the mean plus 1.0 standard deviation
of the annual landings from 1998
through 2008. The ACL is equal the
ABC, and the ACT is 14 percent less
than the ACL at 2.08 million lb (0.9
million kg).
Amendment 51 would modify the
OFL and ABC consistent with the
projections from SEDAR 51 for the MSY
proxy selected by the Council and the
SSC recommendations. The OFLs would
be 2.58 million lb (1.17 million kg) for
2020, and 2.57 million lb (1.166 million
kg) for 2021 and subsequent fishing
years. The ABCs would be 2.51 million
lb (1.14 million kg) for 2020 and
subsequent years. The Council then
used its ACL/ACT control rule to
determine that an 11 percent buffer
between the ABCs and ACLs was
appropriate to account for management
uncertainty. This results in Gulf gray
snapper stock ACLs that would be 2.24
million lb (1.02 million), round weight,
for the 2020 fishing year. In 2021, and
subsequent fishing years, the ACL
would be set at 2.23 million lb (1.01
million kg), round weight.
The gray snapper ACT is not currently
used for management purposes.
Therefore, the Council decided not to
set an ACT through Amendment 51.
Proposed Rule for Amendment 51
A proposed rule to implement
Amendment 51 has been drafted. In
accordance with the Magnuson-Stevens
Act, NMFS is evaluating the proposed
rule for Amendment 51 to determine
whether it is consistent with the FMP,
the Magnuson-Stevens Act, and other
applicable law. If that determination is
affirmative, NMFS will publish the
proposed rule in the Federal Register
for public review and comment.
Consideration of Public Comments
The Council has submitted
Amendment 51 for Secretarial review,
approval, and implementation.
Comments on Amendment 51 must be
received by April 28, 2020. Comments
received during the respective comment
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Fmt 4702
Sfmt 4702
11939
periods, whether specifically directed to
Amendment 51 or the proposed rule,
will be considered by NMFS in its
decision to approve, partially approve,
or disapprove Amendment 51.
Comments received after the comment
periods will not be considered by NMFS
in this decision. All comments received
by NMFS on Amendment 51 or the
proposed rule during their respective
comment periods will be addressed in
the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 25, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–04091 Filed 2–27–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 200219–0059]
RIN 0648–BJ35
Fisheries of the Exclusive Economic
Zone Off Alaska; Modifying Seasonal
Allocations of Pollock and Pacific Cod
for Trawl Catcher Vessels in the
Central and Western Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS issues a proposed rule
to implement Amendment 109 to the
Fishery Management Plan for
Groundfish of the Gulf of Alaska (GOA
FMP) and to implement a regulatory
amendment to the regulations governing
pollock fishing in the Gulf of Alaska.
This proposed rule will reduce
operational and management
inefficiencies in the Central Gulf of
Alaska and Western Gulf of Alaska trawl
catcher vessel pollock and Pacific cod
fisheries by reducing regulatory time
gaps between the pollock seasons, and
changing Gulf of Alaska Pacific cod
seasonal apportionments to allow
greater harvest opportunities earlier in
the year. This action is intended to
promote the goals and objectives of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
GOA FMP, and other applicable laws.
DATES: Submit comments on or before
March 30, 2020.
SUMMARY:
E:\FR\FM\28FEP1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Proposed Rules]
[Pages 11937-11939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04091]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BJ20
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Amendment 51
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 (Gulf) Fishery Management Council (Council)
has submitted Amendment 51 to the Fishery Management Plan for the Reef
[[Page 11938]]
Fish Resources of the Gulf of Mexico (FMP) for review, approval, and
implementation by NMFS. If approved by the Secretary of Commerce
(Secretary), Amendment 51 would establish and modify status
determination criteria and harvest levels for the gray snapper stock.
The purposes of Amendment 51 are to end overfishing of gray snapper and
achieve optimum yield (OY) for the stock.
DATES: Written comments must be received by April 28, 2020.
ADDRESSES: You may submit comments on Amendment 51 identified by
``NOAA-NMFS-2019-0116'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0116, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit all written comments to Peter Hood, NMFS
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL
33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Electronic copies of Amendment 51, which includes an environmental
assessment, a fishery impact statement, a Regulatory Flexibility Act
analysis, and a regulatory impact review, may be obtained from
www.regulations.gov or the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/amendment-51-establish-gray-snapper-status-determination-criteria-and-modify-annual-catch.
FOR FURTHER INFORMATION CONTACT: Peter Hood, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any FMP or amendment to NMFS for
review and approval, partial approval, or disapproval. The Magnuson-
Stevens Act also requires that NMFS, upon receiving an FMP or
amendment, publish an announcement in the Federal Register notifying
the public that the FMP or amendment is available for review and
comment.
The Council prepared the FMP being revised by Amendment 51, and, if
approved, Amendment 51 would be implemented by NMFS through regulations
at 50 CFR part 622 under the authority of the Magnuson-Stevens Act.
Background
Gray snapper in the Gulf exclusive economic zone (EEZ) are managed
as a single stock with a stock annual catch limit (ACL), and a stock
annual catch target (ACT). There is no allocation between the
commercial and recreational sectors. Gray snapper occur in estuaries
and shelf waters of the Gulf, and are particularly abundant off south
and southwest Florida.
Generally, the fishing season is open year-round, January 1 through
December 31. However, accountability measures (AMs) for gray snapper
specify that if commercial and recreational landings exceed the stock
ACL in a fishing year, then during the following fishing year if the
stock ACL is reached or is projected to be reached, the commercial and
recreational sectors will be closed for the remainder of the fishing
year. The gray snapper ACL and AMs were implemented in 2012 (76 FR
82044; December 29, 2011) and the stock ACL of 2.42 million lb (1.1
million kg), round weight, was not exceeded between 2012 and 2018. A
preliminary review of the most recent landings data suggest the ACL
will also not be exceeded in 2019. However, landings in 2014 and 2016
did exceed the ACLs proposed in Amendment 51. Unless stated otherwise,
all weights in this notice are described in round weight.
In 2018, the stock status of gray snapper was evaluated for the
first time through a Southeast Data, Assessment, and Review benchmark
stock assessment (SEDAR 51). SEDAR 51 was completed and reviewed by the
Council's Scientific and Statistical Committee (SSC) in May 2018. The
SSC accepted the gray snapper assessment as the best scientific
information available and determined that the stock is experiencing
overfishing as of 2015 because the fishing mortality rate (F) in 2015
was greater than the maximum fishing mortality threshold (MFMT).
However, the SSC was not able to determine if the stock is overfished
because the maximum sustainable yield (MSY) and minimum stock size
threshold (MSST) for gray snapper are not specified in the FMP.
Actions Contained in Amendment 51
Amendment 51 includes actions to set the MSY, MSST, OY, and modify
the MFMT, overfishing limit (OFL), acceptable biological catch (ABC),
ACL and ACT for the gray snapper stock in the Gulf. Amendment 51 also
updates the goals and objectives of the FMP.
Maximum Sustainable Yield
SEDAR 51 could not estimate the actual MSY with the best scientific
information available. Therefore, the Council considered alternatives
for an MSY proxy that uses the spawning potential ratio (SPR). The SPR
is the ratio of the average number of eggs per fish over its lifetime
when the stock is fished compared to the same value when the stock is
not fished. The SPR assumes that a certain amount of fish must survive
and spawn in order to replenish the stock. Analyses of stocks with
various life histories suggest that, in general, MSY is most commonly
associated with the yield when fishing at an F that corresponds to an
SPR between 30 and 40 percent.
After reviewing the SEDAR 51 assessment, the SSC recommended that
the MSY proxy be set at the yield when fishing at an F corresponding to
30 percent SPR (F30SPR), which is
consistent with the current MFMT definition. However, the Council noted
that the Gulf red snapper proxy is set at the yield when fishing at an
F corresponding to 26 percent SPR
(F30SPR), which allows for a larger yield
at a given stock size. After further analyses and review, the SSC
determined that the yield when fishing at
F30SPR is scientifically acceptable as a
proxy for MSY, but maintained its previous recommendation of the more
risk-averse MSY proxy using the yield when fishing at
F30SPR because of the uncertainty in the
SEDAR 51 assessment.
The Council selected the yield when fishing at
F30SPR for the MSY proxy. This proxy is
consistent with the MSY proxy used for red snapper, which has a similar
life history to gray snapper. The Council selected this proxy to
balance protection of the gray snapper stock with the increase in
social and economic benefits for fishers targeting the species that is
expected to result from allowing more harvest.
Status Determination Criteria
NMFS uses the MSST and MFMT to determine if a stock is overfished
or undergoing overfishing, respectively. If the stock biomass falls
below the MSST,
[[Page 11939]]
then the stock is considered overfished and the Council would then need
to develop a rebuilding plan capable of returning the stock to a level
that allows the stock to achieve MSY on a continuing basis. In years
when there is a stock assessment, if fishing mortality exceeds the
MFMT, a stock is considered to be undergoing overfishing because this
level of fishing mortality, if continued, would reduce the stock
biomass to an overfished condition. In years in which there is no
assessment, overfishing occurs if landings exceed the OFL.
Currently, the MFMT is equal to
F30SPR. Because the MSY proxy selected in
Amendment 51 is the yield when fishing at
F30SPR, the Council chose to modify the
MFMT to be equal to F30SPR for
consistency. Under this definition, projections from SEDAR 51 suggest
overfishing ended in 2017.
The MSST needs to be equal or less than the biomass (B) capable of
producing MSY or MSY proxy (Bmsy (or MSY proxy)). The closer
the MSST value is to Bmsy (or MSY proxy), the more likely a
stock could be declared overfished due to year-to-year fluctuations in
stock biomass, resulting in an unneeded rebuilding plan. However, if
MSST is set too low, then rebuilding the stock to MSY levels could
result in more stringent management measures. Consistent with other
reef fish stocks with a defined MSST (gag, red grouper, red snapper,
vermilion snapper, gray triggerfish, greater amberjack, and hogfish),
the Council selected the MSST for gray snapper as
0.50*BMSY(or MSY proxy). The Council determined
that because the Magnuson-Stevens Act requires ACLs and AMs to prevent
overfishing, and that any overfishing be ended immediately, it is
unlikely that sustained overfishing would occur and cause a stock to
fall below the MSST. Under this MSST, the result of SEDAR 51 indicate
that the gray snapper stock would not be overfished.
Optimum Yield
The Council determined that the OY should be the yield when fishing
at 90 percent of FMSY (or MSY proxy). This value
would allow for more harvest over the long term and likely have greater
social and economic benefits, although it provides less protection to
the stock than other values considered (the yield when fishing at 50
and 75 percent of FMSY (or MSY proxy)). However,
as noted previously, the ACLs and AM control yearly harvest and are
designed to prevent overfishing.
Overfishing Limit, Acceptable Biological Catch, Annual Catch Limit, and
Annual Catch Target
The current OFL, ABC, and ACL for gray snapper were established in
the Generic ACL/AM Amendment using the Council's ABC control rule for
stocks that have not been assessed, but are stable over time (76 FR
82044; December 29, 2011). The OFL is equal to 2.88 million lb (1.31
million kg), which is the mean plus 2.0 standard deviations of the
annual landings from 1998 through 2008. The ABC is equal to 2.42
million lb (1.1 million kg), which is the mean plus 1.0 standard
deviation of the annual landings from 1998 through 2008. The ACL is
equal the ABC, and the ACT is 14 percent less than the ACL at 2.08
million lb (0.9 million kg).
Amendment 51 would modify the OFL and ABC consistent with the
projections from SEDAR 51 for the MSY proxy selected by the Council and
the SSC recommendations. The OFLs would be 2.58 million lb (1.17
million kg) for 2020, and 2.57 million lb (1.166 million kg) for 2021
and subsequent fishing years. The ABCs would be 2.51 million lb (1.14
million kg) for 2020 and subsequent years. The Council then used its
ACL/ACT control rule to determine that an 11 percent buffer between the
ABCs and ACLs was appropriate to account for management uncertainty.
This results in Gulf gray snapper stock ACLs that would be 2.24 million
lb (1.02 million), round weight, for the 2020 fishing year. In 2021,
and subsequent fishing years, the ACL would be set at 2.23 million lb
(1.01 million kg), round weight.
The gray snapper ACT is not currently used for management purposes.
Therefore, the Council decided not to set an ACT through Amendment 51.
Proposed Rule for Amendment 51
A proposed rule to implement Amendment 51 has been drafted. In
accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule for Amendment 51 to determine whether it is consistent
with the FMP, the Magnuson-Stevens Act, and other applicable law. If
that determination is affirmative, NMFS will publish the proposed rule
in the Federal Register for public review and comment.
Consideration of Public Comments
The Council has submitted Amendment 51 for Secretarial review,
approval, and implementation. Comments on Amendment 51 must be received
by April 28, 2020. Comments received during the respective comment
periods, whether specifically directed to Amendment 51 or the proposed
rule, will be considered by NMFS in its decision to approve, partially
approve, or disapprove Amendment 51. Comments received after the
comment periods will not be considered by NMFS in this decision. All
comments received by NMFS on Amendment 51 or the proposed rule during
their respective comment periods will be addressed in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 25, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-04091 Filed 2-27-20; 8:45 am]
BILLING CODE 3510-22-P
