Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Gray Snapper Management Measures, 73238-73240 [2020-24933]
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Federal Register / Vol. 85, No. 222 / Tuesday, November 17, 2020 / Rules and Regulations
PART 92—MIGRATORY BIRD
SUBSISTENCE HARVEST IN ALASKA
1. The authority citation for part 92
continues to read as follows:
■
Authority: 16 U.S.C. 703–712.
2. Amend § 92.31 by:
a. Revising paragraph (b)(2);
b. Adding a heading for paragraph (e);
c. Revising the first sentence of
paragraph (e) introductory text and
adding a sentence following the first
sentence;
■ d. Revising the introductory text of
paragraph (g)(1), paragraph (g)(1)(iii),
and introductory text of paragraph
(g)(2); and
■ e. Redesignating paragraphs (g)(4) and
(5) as paragraphs (g)(5) and (6) and
adding a new paragraph (g)(4).
The revisions and additions read as
follows:
■
■
■
■
§ 92.31
Region-specific regulations.
*
*
*
*
*
(b) * * *
(2) Closure: 30-day closure dates to be
announced by the Service’s Alaska
Regional Director or his designee, after
consultation with field biologists and
the Association of Village Council
President’s Waterfowl Conservation
Committee. This 30-day period will
occur between May 15 and August 15 of
each year. A press release announcing
the actual closure dates will be
forwarded to regional newspapers and
radio and television stations.
*
*
*
*
*
(e) Kodiak Archipelago region. The
Kodiak Island Roaded Area is open to
the harvesting of migratory birds and
their eggs by registration permit only as
administered by the Alaska Department
of Fish and Game, Division of
Subsistence, in cooperation with the
Sun’aq Tribe of Kodiak. No hunting or
egg gathering for Arctic terns, Aleutian
terns, mew gulls, and emperor geese is
allowed for the Kodiak Island Roaded
Area Registration Permit Hunt. * * *
(g) * * *
(1) Southern Unit (Southwestern
North Slope regional boundary
northeast to Icy Cape, and everything
west of longitude line 161°55′ W and
south of latitude line 69°45′ N to the
west bank of the Sagavanirktok River
and south along the west bank to the
North Slope regional boundary, then
west to the beginning):
*
*
*
*
*
(iii) Special Black Brant Hunting
Season: June 20–July 5. The open area
consists of the coastline from the mean
high-water line outward to the North
Slope regional boundary to include
open water and barrier islands from
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southern Kasegaluk Lagoon from
latitude line 69°16′ N to the north and
east to longitude line 158°30′ W.
(2) Northern Unit (From Icy Cape,
everything east of longitude line 161°55′
W and north of latitude line 69°45′ N to
the west bank of Sagavanirktok River
and north to 71°):
*
*
*
*
*
(4) Annual 30-day closure periods in
the Southern, Northern, and Eastern
Units of the North Slope Region may
differ from fixed dates (see unit-specific
closure dates in paragraphs (g)(1)
through (3) of this section) if
environmental and biological conditions
warrant such a change. After
consultation with Service field
biologists, the North Slope Borough
(NSB) Department of Wildlife
Management, and the NSB Fish and
Game Management Committee, the
Service’s Alaska Regional Director or
his/her designee may announce closure
dates that differ from those fixed dates.
*
*
*
*
*
George Wallace,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2020–24195 Filed 11–16–20; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 201103–0289]
RIN 0648–BJ20
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Gray
Snapper Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
implement management measures
described in Amendment 51 to the
Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico
(Gulf)(FMP), as prepared by the Gulf of
Mexico Fishery Management Council
(Council)(Amendment 51). This final
rule revises the harvest levels for the
gray snapper stock. In addition,
Amendment 51 establishes and modifies
status determination criteria for the
stock. The purposes of Amendment 51
and this final rule are to end overfishing
SUMMARY:
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of gray snapper and achieve optimum
yield (OY).
DATES: This final rule is effective
December 17, 2020.
ADDRESSES: 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
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: NMFS and
the Council manage the Gulf reef fish
fishery, which includes gray snapper,
under the FMP. The Council prepared
the FMP and NMFS implements the
FMP through regulations at 50 CFR part
622 under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
On February 28, 2020, NMFS
published a notice of availability for
Amendment 51 and requested public
comment (85 FR 11937). NMFS
approved Amendment 51 on May 18,
2020. On July 6, 2020, NMFS published
a proposed rule for Amendment 51 and
requested public comment (85 FR
40181). The proposed rule and
Amendment 51 outline the rationale for
the actions contained in this final rule.
A summary of the management
measures described in Amendment 51
and implemented by this final rule is
described below.
Unless otherwise noted, all weights in
this proposed rule are in round weight.
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 of
the stock ACL between the commercial
and recreational sectors. 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;
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Federal Register / Vol. 85, No. 222 / Tuesday, November 17, 2020 / Rules and Regulations
December 29, 2011) and the stock ACL
of 2.42 million lb (1.1 million kg) was
not exceeded between 2012 and 2019.
However, landings in 2014 and 2016 did
exceed the new ACLs being
implemented through this final rule.
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). The Council’s
Scientific and Statistical Committee
(SSC) reviewed SEDAR 51 and accepted
the assessment as the best scientific
information available. The SSC
determined that the stock is undergoing
overfishing as of 2015, which was the
last year of data included in the
assessment, because the fishing
mortality rate (F) exceeded the current
maximum fishing mortality threshold
(MFMT). The SSC was not able to
determine whether the stock is
overfished, because the maximum
sustainable yield (MSY) and minimum
stock size threshold (MSST) for gray
snapper were not specified in the FMP
at that time.
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. The Council
selected the yield when fishing at
F26%SPR for an MSY proxy to balance
protection of the gray snapper stock
with an increase in social and economic
benefits for fishers targeting the species
that is expected to result from allowing
more harvest. The SSC recognized that
this proxy is scientifically acceptable
and this proxy is consistent with the
MSY proxy for Gulf red snapper.
As a result of the increasing
uncertainty with long-range projections,
the SSC only provided overfishing limit
(OFL) and acceptable biological catch
(ABC) recommendations for the gray
snapper stock through 2021. From
SEDAR 51, the OFLs associated with the
MSY proxy selected by the Council are
2.58 million lb (1.17 million kg) for
2020, and 2.57 million lb (1.17 million
kg) for 2021, and the ABCs
recommended by the SSC are 2.51
million lb (1.14 million kg) for 2020 and
subsequent years.
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Management Measure Contained in
This Final Rule
This final rule revises the ACL for the
Gulf gray snapper stock, and removes
the ACT.
Annual Catch Limits and Annual Catch
Target
The current ACL for gray snapper is
2.42 million lb (1.1 million kg) and was
established based on average landings
from 1999 through 2008. The current
ACT is set 14 percent below the ACL,
at 2.08 million lb.
To determine the new ACLs, the
Council used its ACL/ACT control rule
to determine whether to apply a buffer
to the ABC recommendations to account
for management uncertainty. The results
indicated that an 11 percent buffer is
appropriate. When applied to the 2020–
2021 ABC recommendations, the
resulting gray snapper stock ACLs in
this final rule are 2.24 million lb (1.02
million kg) for the 2020 fishing year,
and 2.23 million lb (1.01 million kg) for
2021, and subsequent years. The
Council decided to remove the ACT for
gray snapper because it has not been
used for management since its
implementation in 2012.
Management Measures Contained in
Amendment 51 But Not Codified in
This Final Rule
Amendment 51 modifies the OFL and
ABC for the gray snapper stock as
previously explained. Amendment 51
also modifies the MFMT and specifies
the MSY, MSST, and OY for the stock.
NMFS uses the MSST and MFMT to
determine whether a stock is overfished
or undergoing overfishing, respectively.
If the stock biomass falls below the
MSST, 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.
Amendment 51 set the MSY proxy as
the yield when fishing at F26%SPR.
MFMT was changed from F30%SPR to
F26%SPR, and the MSST is 50 percent of
the biomass at MSY or the MSY proxy.
The OY is the yield when fishing at 90
percent of FMSY (or MSY proxy). As
noted previously, under the current
MFMT, overfishing was occurring as of
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73239
2015. Under the new MFMT of F26%SPR,
projections from SEDAR 51 suggest that
overfishing ended in 2017. Under the
new MSST, the stock is not overfished.
Comments and Responses
NMFS received 11 comments on the
notice of availability and 9 comments
on the proposed rule for Amendment
51. The majority of the comments
supported actions in the proposed rule
and Amendment 51. Some comments
supporting the action suggested that
additional management measures are
necessary to protect the stock, such as
reducing the recreational bag limit and
increasing the minimum size limit.
Comments specific to Amendment 51
and the proposed rule are grouped as
appropriate and summarized below,
each followed by the response.
Comment 1: Further restrictions are
needed to protect the gray snapper stock
beyond the actions in Amendment 51.
These include reducing the recreational
bag limit and increasing the stock
minimum size limit.
Response: NMFS disagrees that
additional management measures, such
as reduced bag limits and increased
minimum size limits, are needed at this
time to further protect the gray snapper
stock. The ACLs established through
this final rule are reduced from the
Council’s SSC ABC recommendation by
11 percent and are consistent with
achieving OY. As previously noted,
landings between 2012 and 2019 have
not exceeded the applicable ACL, but
landings in 2014 and 2016 were greater
than the ACLs being implemented
through this final rule. If the ACL is
exceeded, the AM for gray snapper
requires that NMFS monitor landings
the following year and close the
recreational and commercial sectors if
landings are projected to reach the ACL.
Further, the National Standard 1
Guidelines provide that, if catch
exceeds the ACL more than once in the
last 4 years, the system of ACLs and
AMs should be reevaluated, and
modified if necessary to improve its
performance and effectiveness. The
Council could also consider whether
additional management measures such
as revising the recreational bag limit and
the minimum size limits, are necessary.
Comment 2: Because Amendment 51
does not consider gray snapper bycatch
from the Gulf shrimp trawl fishery, the
basis for the proposed measures is
flawed.
Response: Gray snapper bycatch,
including that from the shrimp trawl
fishery, was examined in the SEDAR 51
stock assessment, which the Council’s
SSC accepted as the best scientific
information available. The members of
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Federal Register / Vol. 85, No. 222 / Tuesday, November 17, 2020 / Rules and Regulations
the SEDAR 51 data workshop concluded
that gray snapper bycatch estimates
from the shrimp fishery were
inconsequential. As a result, shrimp
trawl bycatch data were excluded from
the assessment model and were not
considered in Amendment 51.
Comment 3: No further regulations
related to the harvest of gray snapper are
necessary because the current
regulations are adequate to protect the
gray snapper stock.
Response: NMFS disagrees. The
Council’s SSC reviewed the results of
SEDAR 51, accepted the assessment as
the best scientific information available,
and recommended new OFLs and ABCs.
Consistent with National Standards 1
and 2, the Council took action to update
the gray snapper catch levels and
determined that it is appropriate to have
an 11 percent buffer between the ACL
and ABC to account for management
uncertainty and reduce the likelihood of
overfishing. This final rule does not
change any other regulations for gray
snapper fishing, such as the recreational
bag limit or the minimum size limit.
Comment 4: The reduction in the gray
snapper ACL is not fair and reasonable
because it favors the commercial sector.
Response: NMFS disagrees that the
gray snapper management measures
implemented through this final rule
favor the commercial sector over the
recreational sector. Gray snapper are
managed using a stock ACL that is not
allocated between the commercial and
recreational sectors. Thus, each sector
has an equal opportunity to harvest gray
snapper, and the recreational harvest of
gray snapper has been much greater
than the commercial harvest. The most
recent 5 years of landings data used in
Amendment 51 (2013–2017) indicate
that recreational landings were between
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1.836 and 2.203 million lb (0.833 and
0.999 million kg) while commercial
landings were between 0.136 and 0.200
million lb (0.062 and 0.091 million kg).
Classification
Pursuant to section 304(b)(3) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
FMP, other provisions of the MagnusonStevens Act, and other applicable law.
This rule has been determined to be
not significant for purposes of Executive
Order 12866. This final rule is not an
E.O. 13771 regulatory action because
this action is not significant under E.O.
12866.
The Magnuson-Stevens Act provides
the statutory basis for this final rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. In
addition, no new reporting or
recordkeeping compliance requirements
are introduced in this final rule. This
final rule contains no information
collection requirements under the
Paperwork Reduction Act of 1995.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this rule
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments from the public were
received regarding this certification. As
a result, a final regulatory flexibility
analysis was not required and none was
prepared.
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List of Subjects in 50 CFR Part 622
Annual catch limit, Fisheries, Fishing,
Gray snapper, Gulf, Reef fish.
Dated: November 3, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, 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 § 622.41, revise paragraph (l) to
read as follows:
■
§ 622.41 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(l) Gray snapper. If the sum of the
commercial and recreational landings,
as estimated by the SRD, exceeds the
stock ACL, then during the following
fishing year, if the sum of commercial
and recreational landings reaches or is
projected to reach the stock ACL, the
AA will file a notification with the
Office of the Federal Register to close
the commercial and recreational sectors
for the remainder of that fishing year.
The stock ACL for gray snapper, in
round weight, is 2.24 million lb (1.02
million kg) for the 2020 fishing year,
and 2.23 million lb (1.01 million kg) for
the 2021 and subsequent fishing years.
*
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*
[FR Doc. 2020–24933 Filed 11–16–20; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\17NOR1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 222 (Tuesday, November 17, 2020)]
[Rules and Regulations]
[Pages 73238-73240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24933]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 201103-0289]
RIN 0648-BJ20
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Gray Snapper Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues regulations to implement management measures
described in Amendment 51 to the Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico (Gulf)(FMP), as prepared by the
Gulf of Mexico Fishery Management Council (Council)(Amendment 51). This
final rule revises the harvest levels for the gray snapper stock. In
addition, Amendment 51 establishes and modifies status determination
criteria for the stock. The purposes of Amendment 51 and this final
rule are to end overfishing of gray snapper and achieve optimum yield
(OY).
DATES: This final rule is effective December 17, 2020.
ADDRESSES: 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 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: NMFS and the Council manage the Gulf reef
fish fishery, which includes gray snapper, under the FMP. The Council
prepared the FMP and NMFS implements the FMP through regulations at 50
CFR part 622 under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
On February 28, 2020, NMFS published a notice of availability for
Amendment 51 and requested public comment (85 FR 11937). NMFS approved
Amendment 51 on May 18, 2020. On July 6, 2020, NMFS published a
proposed rule for Amendment 51 and requested public comment (85 FR
40181). The proposed rule and Amendment 51 outline the rationale for
the actions contained in this final rule. A summary of the management
measures described in Amendment 51 and implemented by this final rule
is described below.
Unless otherwise noted, all weights in this proposed rule are in
round weight.
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 of the stock ACL
between the commercial and recreational sectors. 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;
[[Page 73239]]
December 29, 2011) and the stock ACL of 2.42 million lb (1.1 million
kg) was not exceeded between 2012 and 2019. However, landings in 2014
and 2016 did exceed the new ACLs being implemented through this final
rule.
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). The Council's Scientific and Statistical
Committee (SSC) reviewed SEDAR 51 and accepted the assessment as the
best scientific information available. The SSC determined that the
stock is undergoing overfishing as of 2015, which was the last year of
data included in the assessment, because the fishing mortality rate (F)
exceeded the current maximum fishing mortality threshold (MFMT). The
SSC was not able to determine whether the stock is overfished, because
the maximum sustainable yield (MSY) and minimum stock size threshold
(MSST) for gray snapper were not specified in the FMP at that time.
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. The Council selected the
yield when fishing at F26SPR for an MSY
proxy to balance protection of the gray snapper stock with an increase
in social and economic benefits for fishers targeting the species that
is expected to result from allowing more harvest. The SSC recognized
that this proxy is scientifically acceptable and this proxy is
consistent with the MSY proxy for Gulf red snapper.
As a result of the increasing uncertainty with long-range
projections, the SSC only provided overfishing limit (OFL) and
acceptable biological catch (ABC) recommendations for the gray snapper
stock through 2021. From SEDAR 51, the OFLs associated with the MSY
proxy selected by the Council are 2.58 million lb (1.17 million kg) for
2020, and 2.57 million lb (1.17 million kg) for 2021, and the ABCs
recommended by the SSC are 2.51 million lb (1.14 million kg) for 2020
and subsequent years.
Management Measure Contained in This Final Rule
This final rule revises the ACL for the Gulf gray snapper stock,
and removes the ACT.
Annual Catch Limits and Annual Catch Target
The current ACL for gray snapper is 2.42 million lb (1.1 million
kg) and was established based on average landings from 1999 through
2008. The current ACT is set 14 percent below the ACL, at 2.08 million
lb.
To determine the new ACLs, the Council used its ACL/ACT control
rule to determine whether to apply a buffer to the ABC recommendations
to account for management uncertainty. The results indicated that an 11
percent buffer is appropriate. When applied to the 2020-2021 ABC
recommendations, the resulting gray snapper stock ACLs in this final
rule are 2.24 million lb (1.02 million kg) for the 2020 fishing year,
and 2.23 million lb (1.01 million kg) for 2021, and subsequent years.
The Council decided to remove the ACT for gray snapper because it has
not been used for management since its implementation in 2012.
Management Measures Contained in Amendment 51 But Not Codified in This
Final Rule
Amendment 51 modifies the OFL and ABC for the gray snapper stock as
previously explained. Amendment 51 also modifies the MFMT and specifies
the MSY, MSST, and OY for the stock. NMFS uses the MSST and MFMT to
determine whether a stock is overfished or undergoing overfishing,
respectively. If the stock biomass falls below the MSST, 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.
Amendment 51 set the MSY proxy as the yield when fishing at
F26SPR. MFMT was changed from
F30SPR to
F26SPR, and the MSST is 50 percent of the
biomass at MSY or the MSY proxy. The OY is the yield when fishing at 90
percent of FMSY (or MSY proxy). As noted previously, under
the current MFMT, overfishing was occurring as of 2015. Under the new
MFMT of F26SPR, projections from SEDAR 51
suggest that overfishing ended in 2017. Under the new MSST, the stock
is not overfished.
Comments and Responses
NMFS received 11 comments on the notice of availability and 9
comments on the proposed rule for Amendment 51. The majority of the
comments supported actions in the proposed rule and Amendment 51. Some
comments supporting the action suggested that additional management
measures are necessary to protect the stock, such as reducing the
recreational bag limit and increasing the minimum size limit.
Comments specific to Amendment 51 and the proposed rule are grouped
as appropriate and summarized below, each followed by the response.
Comment 1: Further restrictions are needed to protect the gray
snapper stock beyond the actions in Amendment 51. These include
reducing the recreational bag limit and increasing the stock minimum
size limit.
Response: NMFS disagrees that additional management measures, such
as reduced bag limits and increased minimum size limits, are needed at
this time to further protect the gray snapper stock. The ACLs
established through this final rule are reduced from the Council's SSC
ABC recommendation by 11 percent and are consistent with achieving OY.
As previously noted, landings between 2012 and 2019 have not exceeded
the applicable ACL, but landings in 2014 and 2016 were greater than the
ACLs being implemented through this final rule. If the ACL is exceeded,
the AM for gray snapper requires that NMFS monitor landings the
following year and close the recreational and commercial sectors if
landings are projected to reach the ACL. Further, the National Standard
1 Guidelines provide that, if catch exceeds the ACL more than once in
the last 4 years, the system of ACLs and AMs should be reevaluated, and
modified if necessary to improve its performance and effectiveness. The
Council could also consider whether additional management measures such
as revising the recreational bag limit and the minimum size limits, are
necessary.
Comment 2: Because Amendment 51 does not consider gray snapper
bycatch from the Gulf shrimp trawl fishery, the basis for the proposed
measures is flawed.
Response: Gray snapper bycatch, including that from the shrimp
trawl fishery, was examined in the SEDAR 51 stock assessment, which the
Council's SSC accepted as the best scientific information available.
The members of
[[Page 73240]]
the SEDAR 51 data workshop concluded that gray snapper bycatch
estimates from the shrimp fishery were inconsequential. As a result,
shrimp trawl bycatch data were excluded from the assessment model and
were not considered in Amendment 51.
Comment 3: No further regulations related to the harvest of gray
snapper are necessary because the current regulations are adequate to
protect the gray snapper stock.
Response: NMFS disagrees. The Council's SSC reviewed the results of
SEDAR 51, accepted the assessment as the best scientific information
available, and recommended new OFLs and ABCs. Consistent with National
Standards 1 and 2, the Council took action to update the gray snapper
catch levels and determined that it is appropriate to have an 11
percent buffer between the ACL and ABC to account for management
uncertainty and reduce the likelihood of overfishing. This final rule
does not change any other regulations for gray snapper fishing, such as
the recreational bag limit or the minimum size limit.
Comment 4: The reduction in the gray snapper ACL is not fair and
reasonable because it favors the commercial sector.
Response: NMFS disagrees that the gray snapper management measures
implemented through this final rule favor the commercial sector over
the recreational sector. Gray snapper are managed using a stock ACL
that is not allocated between the commercial and recreational sectors.
Thus, each sector has an equal opportunity to harvest gray snapper, and
the recreational harvest of gray snapper has been much greater than the
commercial harvest. The most recent 5 years of landings data used in
Amendment 51 (2013-2017) indicate that recreational landings were
between 1.836 and 2.203 million lb (0.833 and 0.999 million kg) while
commercial landings were between 0.136 and 0.200 million lb (0.062 and
0.091 million kg).
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with the FMP, other provisions of the Magnuson-Stevens Act,
and other applicable law.
This rule has been determined to be not significant for purposes of
Executive Order 12866. This final rule is not an E.O. 13771 regulatory
action because this action is not significant under E.O. 12866.
The Magnuson-Stevens Act provides the statutory basis for this
final rule. No duplicative, overlapping, or conflicting Federal rules
have been identified. In addition, no new reporting or recordkeeping
compliance requirements are introduced in this final rule. This final
rule contains no information collection requirements under the
Paperwork Reduction Act of 1995.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this rule would not
have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments from the public
were received regarding this certification. As a result, a final
regulatory flexibility analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 622
Annual catch limit, Fisheries, Fishing, Gray snapper, Gulf, Reef
fish.
Dated: November 3, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.41, revise paragraph (l) to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(l) Gray snapper. If the sum of the commercial and recreational
landings, as estimated by the SRD, exceeds the stock ACL, then during
the following fishing year, if the sum of commercial and recreational
landings reaches or is projected to reach the stock ACL, the AA will
file a notification with the Office of the Federal Register to close
the commercial and recreational sectors for the remainder of that
fishing year. The stock ACL for gray snapper, in round weight, is 2.24
million lb (1.02 million kg) for the 2020 fishing year, and 2.23
million lb (1.01 million kg) for the 2021 and subsequent fishing years.
* * * * *
[FR Doc. 2020-24933 Filed 11-16-20; 8:45 am]
BILLING CODE 3510-22-P
