Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Resources of the Gulf of Mexico; Commercial Trip Limit for Gray Triggerfish, 29048-29050 [2023-08992]
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Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Proposed Rules
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 230424–0111]
RIN 0648–BM13
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Resources of the Gulf of Mexico;
Commercial Trip Limit for Gray
Triggerfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in a
framework action under the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP)
as prepared by the Gulf of Mexico
Fishery Management Council (Council).
If implemented for gray triggerfish in
the Gulf of Mexico (Gulf), this proposed
rule would increase the commercial trip
limit from 16 fish to 25 fish. The
purpose of this action is to increase the
gray triggerfish commercial trip limit to
allow commercial fishermen the
opportunity to harvest the commercial
annual catch target (ACT).
DATES: Written comments must be
received by June 5, 2023.
ADDRESSES: You may submit comments
on the proposed rule identified by
‘‘NOAA–NMFS–2023–0044’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov and enter ‘‘NOAA–
NMFS–2023–0044’’ in the Search box.
Click the ‘‘Comment’’ 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 and address,
confidential business information, or
otherwise sensitive information
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SUMMARY:
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submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments—enter
‘‘N/A’’ in required fields if you wish to
remain anonymous.
An electronic copy of the
environmental assessment (EA)
supporting this proposed rule may be
obtained from the Southeast Regional
Office website at https://
www.fisheries.noaa.gov/action/
modification-gray-triggerfishcommercial-trip-limits. The EA includes
a regulatory impact review and a
Regulatory Flexibility Act (RFA)
analysis.
FOR FURTHER INFORMATION CONTACT:
Peter Hood, NMFS Southeast Regional
Office, telephone: 727–824–5305, or
email: peter.hood@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Council manage the Gulf reef fish
fishery, which includes gray triggerfish,
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).
Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing and
achieve, on a continuing basis, the
optimum yield 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.
All weights in this proposed rule are
given in round weight unless indicated
otherwise.
Gray triggerfish are managed under
the FMP, and are harvested by
commercial and recreational fishermen
in the Gulf. The stock was determined
to be undergoing overfishing according
to the results of the 2006 Southeast
Data, Assessment, and Review (SEDAR)
9 stock assessment. Based on the criteria
selected by the Council in Amendment
30A to the FMP, the gray triggerfish
stock was also considered overfished.
Therefore, NMFS implemented a gray
triggerfish rebuilding plan through
Amendment 30A, as well as annual
catch limits (ACLs), ACTs, and
accountability measures (73 FR 38139,
July 3, 2008). Amendment 30A also
established the current allocation of the
stock ACL as 21 percent for the
commercial sector and 79 percent for
the recreational sector. The 2011 SEDAR
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Fmt 4702
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9 Update Assessment found that gray
triggerfish were still overfished and
undergoing overfishing. NMFS
published a final temporary rule (77 FR
28308, May 14, 2012) that reduced the
commercial and recreational ACLs and
ACTs to end overfishing while the
Council developed Amendment 37 to
the FMP. Amendment 37 established a
plan to rebuild the stock in 5 years and
the implementing final rule reduced the
ACLs and ACTs for gray triggerfish (78
FR 27084, May 9, 2013). Amendment 37
also established the first commercial
trip limit of 12 fish to reduce
commercial landings. The commercial
trip limit is the amount of the applicable
species that may be possessed on the
vessel, or landed, purchased, or sold
from a vessel per day (50 CFR 622.43).
The Council decided to establish the
commercial trip limit in numbers of fish
instead of weight based on
recommendations made by the
Council’s Law Enforcement Advisory
Panel, who advised it would be difficult
to enforce a low poundage limit of fish
per trip, e.g., if a commercial trip limit
was set at less than 75 lb (34 kg).
In 2017, the Council developed
Amendment 46 to the FMP in response
to the 2015 SEDAR 43 stock assessment.
The assessment indicated the gray
triggerfish stock was not experiencing
overfishing, but was not rebuilt and
remained overfished. Amendment 46
specified a new rebuilding timeline, and
revised ACLs and ACTs. Commercial
landings per trip were analyzed to
determine the impact of changing the
trip limit because the commercial sector
was often harvesting gray triggerfish
below its ACT since the implementation
of the 12-fish commercial trip limit. The
analyses supported an increase of the
commercial trip limit to 16 fish to
provide a better opportunity for the
commercial sector to catch its ACT
while the gray triggerfish stock
continued to rebuild (82 FR 59523,
December 15, 2017).
In 2017, the Council also developed
Amendment 44 to the FMP.
Amendment 44 reduced the overfished
thresholds for gray triggerfish and six
other reef fish species to reduce the
likelihood that stock status changes
between overfished and not overfished
would occur frequently as a result of
scientific uncertainty or natural
fluctuations in biomass levels (82 FR
61487, December 28, 2017). Although
this action resulted in the determination
that gray triggerfish was no longer
overfished, the rebuilding plan
remained in place because the
rebuilding target, which is the biomass
that produces maximum sustainable
yield, had not been achieved.
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05MYP1
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Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Proposed Rules
In 2020, the Council’s Scientific and
Statistical Committee (SSC) reviewed an
interim analysis of the gray triggerfish
stock conducted by the NMFS Southeast
Fisheries Science Center. The analysis
suggested an increasing biomass trend
of the gray triggerfish stock that could
support a greater harvest. The Council’s
SSC determined the interim analysis
was suitable for providing sufficient
catch advice to update the acceptable
biological catch (ABC), and the SSC
recommended an increase in the ABC.
As a result, the Council increased the
ACLs and ACTs consistent with the
ABC increase through a framework
action under the FMP. The final rule,
implemented on July 29, 2021,
increased the commercial ACL for gray
triggerfish from 64,100 lb (29,075 kg) to
95,949 lb (43,522 kg) and the
commercial ACT increased from 60,900
lb (27,624 kg) to 88,273 lb (40,040 kg)
based on the current sector allocations
(86 FR 34159, June 29, 2021).
Since implementation of the 16-fish
trip limit in 2018, commercial landings
have been below the commercial ACL
and ACT, with the exception of in 2018
when 100.9 percent of the ACL was
landed. Additionally, since the most
recent ACL and ACT increase in 2021,
commercial landings in 2021 and
preliminary 2022 commercial landings
were 45 and 47 percent, respectively, of
the sector’s ACL, and 49 and 51 percent,
respectively, of the sector’s ACT.
During public testimony at meetings
of the Council and the Council’s Reef
Fish Advisory Panel, commercial
industry stakeholders indicated that the
16-fish trip limit is still limiting
commercial landings and gray
triggerfish are only landed incidentally
when targeting other species. As a
result, the commercial industry
stakeholders requested the Council
increase the trip limit to reduce discards
when encountering gray triggerfish and
allow for increased harvest of these fish
to make it worthwhile to retain them
when they are encountered. Analyses of
alternatives increasing the trip limit to
20, 25, and 30 fish indicated that
increasing the trip limit is not expected
to result in an early closure of the
commercial harvest of gray triggerfish.
The Council selected the 25-fish
commercial trip limit based on the
advice of its Reef Fish Advisory Panel,
which advocated for a conservative
approach that allows for an increased
trip limit but reduces the likelihood of
an in-season closure that may occur
with a higher trip limit.
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Management Measure Contained in
This Proposed Rule
If implemented, this proposed rule
would increase the Gulf gray triggerfish
commercial trip limit from 16 fish to 25
fish. Although this trip limit increase is
projected to increase annual landings of
gray triggerfish by 33 percent,
projections developed for the framework
action indicate the commercial season
would stay open through each fishing
year with the exception of the existing
seasonal closure from June 1 through
July 31.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the framework action, the FMP,
other provisions of the MagnusonStevens Act, and other applicable law,
subject to further consideration after
public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
Pursuant to section 605(b) of the RFA,
the Chief Counsel for Regulation of the
Department of Commerce has certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
The factual basis for this determination
follows.
A description of this proposed rule,
why it is being considered, and the
objectives of this proposed rule are
contained in the SUMMARY and
SUPPLEMENTARY INFORMATION sections of
this proposed rule. The MagnusonStevens Act provides the statutory basis
for this proposed rule. No duplicative,
overlapping, or conflicting Federal rules
have been identified. In addition, no
new reporting, record-keeping, or other
compliance requirements are introduced
by this proposed rule.
This proposed rule, if implemented,
would increase the commercial trip
limit for gray triggerfish. The
commercial trip limit would apply to all
federally-permitted commercial vessels
that fish for or harvest gray triggerfish in
Federal waters of the Gulf. It would not
directly apply to federally-permitted
dealers. Any change in the supply of
gray triggerfish available for purchase by
dealers as a result of this proposed rule,
and associated economic effects, would
be an indirect effect of the proposed rule
and would therefore fall outside the
scope of the RFA.
During 2020, there were a total of 837
valid or renewable commercial permits
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29049
for Gulf reef fish. On average from 2017
through 2021, there were 261 federallypermitted commercial vessels with
reported landings of gray triggerfish in
the Gulf. The average annual vessellevel gross revenue from all species for
2017 through 2021 was $159,747 (2021
dollars) and gray triggerfish harvested in
the Gulf accounted for less than half a
percent of this revenue. For commercial
vessels that harvest gray triggerfish in
the Gulf, economic profits are estimated
to be $51,279, or approximately 32.1
percent of annual gross revenue, on
average. The maximum annual revenue
from all species reported by a single one
of the vessels that harvested gray
triggerfish from 2017 through 2021 was
approximately $2.8 million (2021
dollars).
For RFA purposes only, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily engaged in
commercial fishing (North American
Industry Classification System code
11411) is classified as a small business
if it is independently owned and
operated, is not dominant in its field of
operation (including its affiliates), and
has combined annual receipts not in
excess of $11 million for all its affiliated
operations worldwide. All of the
commercial fishing businesses directly
regulated by this proposed rule are
believed to be small entities based on
the NMFS size standard. No other small
entities that would be directly affected
by this rule have been identified.
This proposed rule would raise the
commercial trip limit for gray triggerfish
from 16 fish to 25 fish per vessel. NMFS
expects this change to increase
commercial gray triggerfish landings by
16,782 lb (7,612 kg) in gutted weight, or
33 percent relative to the status quo.
These additional landings would be
worth an estimated $38,246 (2021
dollars) in aggregate annual ex-vessel
revenue. Divided by the average number
of vessels with reported landings of gray
triggerfish from 2017 through 2021, this
translates to an annual increase of $147,
or approximately 0.1 percent of average
annual per vessel gross revenue.
Because gray triggerfish generates only a
fraction of total revenue for vessels that
land the species, NMFS assumes this
proposed rule would not materially
affect fishing effort or trip costs.
Therefore, this increase in ex-vessel
revenue would equate to an equivalent
increase in economic profits (0.3
percent of average annual economic
profits). Individual fishing businesses,
however, may experience varying levels
of economic effects, depending on their
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05MYP1
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Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Proposed Rules
fishing practices, operating
characteristics, and profit maximization
strategies.
In summary, the information provided
above supports a determination that this
proposed rule would not have a
significant economic impact on a
substantial number of small entities. As
a result, an initial regulatory flexibility
analysis is not required and none has
been prepared.
This proposed rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gray triggerfish,
Gulf of Mexico.
Dated: April 24, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS proposes to amend 50
CFR part 622 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 § 622.43, revise paragraph (b) to
read as follows:
■
§ 622.43
Commercial trip limits.
*
*
*
*
*
(b) Gray triggerfish—25 fish. The
commercial trip limit applies until the
commercial quota specified in
§ 622.39(a)(1)(vi) is reached, which is
equal to the commercial ACT. See
§ 622.39(b) for the limitations regarding
gray triggerfish after the commercial
quota is reached.
*
*
*
*
*
[FR Doc. 2023–08992 Filed 5–4–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
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50 CFR Part 635
[Docket No. 230419–0106]
RIN 0648–BI10
Atlantic Highly Migratory Species;
Spatial Fisheries Management
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments; public hearings.
This proposed rule would
implement Draft Amendment 15 to the
2006 Consolidated Atlantic Highly
Migratory Species (HMS) Fishery
Management Plan (FMP) (Amendment
15). NMFS is proposing changes to
Atlantic HMS fishery management
measures regarding four commercial
longline spatial management areas and
the administration and funding of the
HMS pelagic longline electronic
monitoring (EM) program. Specifically,
NMFS proposes to modify the timing
and boundaries of the Mid-Atlantic
shark, Charleston Bump, East Florida
Coast, and DeSoto Canyon closed areas
to create low- and/or high-bycatch risk
areas. Lastly, NMFS proposes to
implement a cost allocation program to
transition electronic monitoring
sampling costs to the industry, while
NMFS remains responsible for
administrative costs. These proposed
changes would directly impact bottom
and pelagic longline fishermen who
hold Atlantic HMS fishing permits, and
HMS commercial fishermen who use
other gear types and HMS recreational
fishermen may also be indirectly
impacted given the proposed changes to
the existing closed areas.
DATES: Written comments must be
received by September 15, 2023. NMFS
will hold five public hearings via
conference calls and webinars on
Amendment 15 from June 15 through
August 22, 2023. For specific dates and
times, see the SUPPLEMENTARY
INFORMATION section of this document.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2019–0035, by electronic
submission. Submit all electronic public
comments via the Federal e-Rulemaking
Portal. Go to https://
www.regulations.gov/ and enter
‘‘NOAA-NMFS-2019-0035’’ in the
Search box. Click the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Comments sent by any other method,
to any other address or individual, or
received after the close 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
SUMMARY:
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Fmt 4702
Sfmt 4702
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Written comments
regarding the burden-hour estimates or
other aspects of the collection-ofinformation requirements contained in
this proposed rule may also be
submitted via www.reginfo.gov/public/
do/PRAMain. Find this particular
information collection by selecting
‘‘Currently under Review—Open for
Public Comments’’ or by using the
search function.
NMFS will hold three in-person
public hearings and two virtual public
hearings via conference call and
webinar on this proposed rule and Draft
Amendment 15. NMFS will hold public
hearings in Jupiter, FL; Houma, LA; and
Manteo, NC. For specific locations, see
the SUPPLEMENTARY INFORMATION section
of this document.
Copies of the supporting documents—
including Draft Amendment 15, which
includes the draft environmental impact
statement (DEIS), Regulatory Impact
Review (RIR), Initial Regulatory
Flexibility Analysis (IRFA); the Issues
and Options for Research and Data
Collection in Closed and Gear Restricted
Areas in Support of Spatial Fisheries;
the peer-reviewed journal article
regarding the predictive modeling
program used in support of this
rulemaking; and the 2006 Consolidated
HMS FMP and amendments are
available from the HMS website at
https://www.fisheries.noaa.gov/topic/
atlantic-highly-migratory-species or by
contacting Steve Durkee or Larry Redd,
Jr., at the email addresses and telephone
number below.
FOR FURTHER INFORMATION CONTACT:
Steve Durkee (steve.durkee@noaa.gov),
Larry Redd, Jr. (larry.redd@noaa.gov),
Randy Blankinship (randy.blankinship@
noaa.gov), or Karyl Brewster-Geisz
(karyl.brewster-geisz@noaa.gov) at 301–
427–8503.
SUPPLEMENTARY INFORMATION:
Background
Atlantic HMS fisheries are managed
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) and the Atlantic Tunas Convention
Act (ATCA). The 2006 Consolidated
HMS FMP and its amendments are
implemented by regulations at 50 CFR
part 635. A brief summary of the
background of Draft Amendment 15 and
this proposed rule is provided below.
Additional information regarding spatial
management can be found in Draft
Amendment 15 itself, the 2006
Consolidated HMS FMP and its
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]]>Agencies
[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Proposed Rules]
[Pages 29048-29050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08992]
[[Page 29048]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230424-0111]
RIN 0648-BM13
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Resources of the Gulf of Mexico; Commercial Trip Limit for
Gray Triggerfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement management measures described in a
framework action under the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP) as prepared by the Gulf of Mexico
Fishery Management Council (Council). If implemented for gray
triggerfish in the Gulf of Mexico (Gulf), this proposed rule would
increase the commercial trip limit from 16 fish to 25 fish. The purpose
of this action is to increase the gray triggerfish commercial trip
limit to allow commercial fishermen the opportunity to harvest the
commercial annual catch target (ACT).
DATES: Written comments must be received by June 5, 2023.
ADDRESSES: You may submit comments on the proposed rule identified by
``NOAA-NMFS-2023-0044'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov
and enter ``NOAA-NMFS-2023-0044'' in the Search box. Click the
``Comment'' 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 and 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 required fields if you wish to remain anonymous.
An electronic copy of the environmental assessment (EA) supporting
this proposed rule may be obtained from the Southeast Regional Office
website at https://www.fisheries.noaa.gov/action/modification-gray-triggerfish-commercial-trip-limits. The EA includes a regulatory impact
review and a Regulatory Flexibility Act (RFA) analysis.
FOR FURTHER INFORMATION CONTACT: Peter Hood, NMFS Southeast Regional
Office, telephone: 727-824-5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef
fish fishery, which includes gray triggerfish, 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).
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the optimum yield 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.
All weights in this proposed rule are given in round weight unless
indicated otherwise.
Gray triggerfish are managed under the FMP, and are harvested by
commercial and recreational fishermen in the Gulf. The stock was
determined to be undergoing overfishing according to the results of the
2006 Southeast Data, Assessment, and Review (SEDAR) 9 stock assessment.
Based on the criteria selected by the Council in Amendment 30A to the
FMP, the gray triggerfish stock was also considered overfished.
Therefore, NMFS implemented a gray triggerfish rebuilding plan through
Amendment 30A, as well as annual catch limits (ACLs), ACTs, and
accountability measures (73 FR 38139, July 3, 2008). Amendment 30A also
established the current allocation of the stock ACL as 21 percent for
the commercial sector and 79 percent for the recreational sector. The
2011 SEDAR 9 Update Assessment found that gray triggerfish were still
overfished and undergoing overfishing. NMFS published a final temporary
rule (77 FR 28308, May 14, 2012) that reduced the commercial and
recreational ACLs and ACTs to end overfishing while the Council
developed Amendment 37 to the FMP. Amendment 37 established a plan to
rebuild the stock in 5 years and the implementing final rule reduced
the ACLs and ACTs for gray triggerfish (78 FR 27084, May 9, 2013).
Amendment 37 also established the first commercial trip limit of 12
fish to reduce commercial landings. The commercial trip limit is the
amount of the applicable species that may be possessed on the vessel,
or landed, purchased, or sold from a vessel per day (50 CFR 622.43).
The Council decided to establish the commercial trip limit in numbers
of fish instead of weight based on recommendations made by the
Council's Law Enforcement Advisory Panel, who advised it would be
difficult to enforce a low poundage limit of fish per trip, e.g., if a
commercial trip limit was set at less than 75 lb (34 kg).
In 2017, the Council developed Amendment 46 to the FMP in response
to the 2015 SEDAR 43 stock assessment. The assessment indicated the
gray triggerfish stock was not experiencing overfishing, but was not
rebuilt and remained overfished. Amendment 46 specified a new
rebuilding timeline, and revised ACLs and ACTs. Commercial landings per
trip were analyzed to determine the impact of changing the trip limit
because the commercial sector was often harvesting gray triggerfish
below its ACT since the implementation of the 12-fish commercial trip
limit. The analyses supported an increase of the commercial trip limit
to 16 fish to provide a better opportunity for the commercial sector to
catch its ACT while the gray triggerfish stock continued to rebuild (82
FR 59523, December 15, 2017).
In 2017, the Council also developed Amendment 44 to the FMP.
Amendment 44 reduced the overfished thresholds for gray triggerfish and
six other reef fish species to reduce the likelihood that stock status
changes between overfished and not overfished would occur frequently as
a result of scientific uncertainty or natural fluctuations in biomass
levels (82 FR 61487, December 28, 2017). Although this action resulted
in the determination that gray triggerfish was no longer overfished,
the rebuilding plan remained in place because the rebuilding target,
which is the biomass that produces maximum sustainable yield, had not
been achieved.
[[Page 29049]]
In 2020, the Council's Scientific and Statistical Committee (SSC)
reviewed an interim analysis of the gray triggerfish stock conducted by
the NMFS Southeast Fisheries Science Center. The analysis suggested an
increasing biomass trend of the gray triggerfish stock that could
support a greater harvest. The Council's SSC determined the interim
analysis was suitable for providing sufficient catch advice to update
the acceptable biological catch (ABC), and the SSC recommended an
increase in the ABC. As a result, the Council increased the ACLs and
ACTs consistent with the ABC increase through a framework action under
the FMP. The final rule, implemented on July 29, 2021, increased the
commercial ACL for gray triggerfish from 64,100 lb (29,075 kg) to
95,949 lb (43,522 kg) and the commercial ACT increased from 60,900 lb
(27,624 kg) to 88,273 lb (40,040 kg) based on the current sector
allocations (86 FR 34159, June 29, 2021).
Since implementation of the 16-fish trip limit in 2018, commercial
landings have been below the commercial ACL and ACT, with the exception
of in 2018 when 100.9 percent of the ACL was landed. Additionally,
since the most recent ACL and ACT increase in 2021, commercial landings
in 2021 and preliminary 2022 commercial landings were 45 and 47
percent, respectively, of the sector's ACL, and 49 and 51 percent,
respectively, of the sector's ACT.
During public testimony at meetings of the Council and the
Council's Reef Fish Advisory Panel, commercial industry stakeholders
indicated that the 16-fish trip limit is still limiting commercial
landings and gray triggerfish are only landed incidentally when
targeting other species. As a result, the commercial industry
stakeholders requested the Council increase the trip limit to reduce
discards when encountering gray triggerfish and allow for increased
harvest of these fish to make it worthwhile to retain them when they
are encountered. Analyses of alternatives increasing the trip limit to
20, 25, and 30 fish indicated that increasing the trip limit is not
expected to result in an early closure of the commercial harvest of
gray triggerfish. The Council selected the 25-fish commercial trip
limit based on the advice of its Reef Fish Advisory Panel, which
advocated for a conservative approach that allows for an increased trip
limit but reduces the likelihood of an in-season closure that may occur
with a higher trip limit.
Management Measure Contained in This Proposed Rule
If implemented, this proposed rule would increase the Gulf gray
triggerfish commercial trip limit from 16 fish to 25 fish. Although
this trip limit increase is projected to increase annual landings of
gray triggerfish by 33 percent, projections developed for the framework
action indicate the commercial season would stay open through each
fishing year with the exception of the existing seasonal closure from
June 1 through July 31.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the framework action, the FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Pursuant to section 605(b) of the RFA, the Chief Counsel for
Regulation of the Department of Commerce has certified to the Chief
Counsel for Advocacy of the Small Business Administration that this
proposed rule, if adopted, would not have a significant economic impact
on a substantial number of small entities. The factual basis for this
determination follows.
A description of this proposed rule, why it is being considered,
and the objectives of this proposed rule are contained in the SUMMARY
and SUPPLEMENTARY INFORMATION sections of this proposed rule. The
Magnuson-Stevens Act provides the statutory basis for this proposed
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified. In addition, no new reporting, record-keeping, or
other compliance requirements are introduced by this proposed rule.
This proposed rule, if implemented, would increase the commercial
trip limit for gray triggerfish. The commercial trip limit would apply
to all federally-permitted commercial vessels that fish for or harvest
gray triggerfish in Federal waters of the Gulf. It would not directly
apply to federally-permitted dealers. Any change in the supply of gray
triggerfish available for purchase by dealers as a result of this
proposed rule, and associated economic effects, would be an indirect
effect of the proposed rule and would therefore fall outside the scope
of the RFA.
During 2020, there were a total of 837 valid or renewable
commercial permits for Gulf reef fish. On average from 2017 through
2021, there were 261 federally-permitted commercial vessels with
reported landings of gray triggerfish in the Gulf. The average annual
vessel-level gross revenue from all species for 2017 through 2021 was
$159,747 (2021 dollars) and gray triggerfish harvested in the Gulf
accounted for less than half a percent of this revenue. For commercial
vessels that harvest gray triggerfish in the Gulf, economic profits are
estimated to be $51,279, or approximately 32.1 percent of annual gross
revenue, on average. The maximum annual revenue from all species
reported by a single one of the vessels that harvested gray triggerfish
from 2017 through 2021 was approximately $2.8 million (2021 dollars).
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (North American Industry Classification
System code 11411) is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has combined annual receipts
not in excess of $11 million for all its affiliated operations
worldwide. All of the commercial fishing businesses directly regulated
by this proposed rule are believed to be small entities based on the
NMFS size standard. No other small entities that would be directly
affected by this rule have been identified.
This proposed rule would raise the commercial trip limit for gray
triggerfish from 16 fish to 25 fish per vessel. NMFS expects this
change to increase commercial gray triggerfish landings by 16,782 lb
(7,612 kg) in gutted weight, or 33 percent relative to the status quo.
These additional landings would be worth an estimated $38,246 (2021
dollars) in aggregate annual ex-vessel revenue. Divided by the average
number of vessels with reported landings of gray triggerfish from 2017
through 2021, this translates to an annual increase of $147, or
approximately 0.1 percent of average annual per vessel gross revenue.
Because gray triggerfish generates only a fraction of total revenue for
vessels that land the species, NMFS assumes this proposed rule would
not materially affect fishing effort or trip costs. Therefore, this
increase in ex-vessel revenue would equate to an equivalent increase in
economic profits (0.3 percent of average annual economic profits).
Individual fishing businesses, however, may experience varying levels
of economic effects, depending on their
[[Page 29050]]
fishing practices, operating characteristics, and profit maximization
strategies.
In summary, the information provided above supports a determination
that this proposed rule would not have a significant economic impact on
a substantial number of small entities. As a result, an initial
regulatory flexibility analysis is not required and none has been
prepared.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gray triggerfish, Gulf of Mexico.
Dated: April 24, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 622 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. 622.43, revise paragraph (b) to read as follows:
Sec. 622.43 Commercial trip limits.
* * * * *
(b) Gray triggerfish--25 fish. The commercial trip limit applies
until the commercial quota specified in Sec. 622.39(a)(1)(vi) is
reached, which is equal to the commercial ACT. See Sec. 622.39(b) for
the limitations regarding gray triggerfish after the commercial quota
is reached.
* * * * *
[FR Doc. 2023-08992 Filed 5-4-23; 8:45 am]
BILLING CODE 3510-22-P
