Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Resources of the Gulf of Mexico; Commercial Trip Limit for Gray Triggerfish, 50063-50065 [2023-16229]
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Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 / Rules and Regulations
fire, or an explosion, in the immediate
vicinity of the pipeline.
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(c) The requirements of this section
do not apply to gathering lines.
■ 15. Amend § 195.418 by revising
paragraph (b)(3) and adding paragraph
(d) to read as follows:
§ 195.418 Valves: Onshore valve shut-off
for rupture mitigation.
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(b) * * *
(3) Laterals. Laterals extending from
shut-off segments that contribute less
than 5 percent of the total shut-off
segment volume may have RMVs or
alternative equivalent technologies that
meet the actuation requirements of this
section at locations other than mainline
receipt/delivery points, as long as all of
these laterals contributing hazardous
liquid or carbon dioxide volumes to the
shut-off segment do not contribute more
than 5 percent of the total shut-off
segment volume, based upon maximum
flow volume at the operating pressure.
A check valve may be used as an
alternative equivalent technology where
it is positioned to stop flow into the
lateral. Check valves used as an
alternative equivalent technology in
accordance with this paragraph (b)(3)
are not subject to § 195.419 but must be
inspected, operated, and remediated in
accordance with § 195.420, including
for closure and leakage, to ensure
operational reliability. An operator
using such a valve as an alternative
equivalent technology must submit a
request to PHMSA in accordance with
§ 195.18.
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(d) Exception. The requirements of
this section do not apply to gathering
lines.
■ 16. Amend § 195.419 by adding
paragraph (h) to read as follows:
§ 195.419
Valve capabilities.
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*
(h) Exception. The requirements of
this section do not apply to gathering
lines.
■ 17. Amend § 195.420 by revising
paragraph (b) and adding paragraph (h)
to read as follows:
§ 195.420
Valve maintenance.
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(b) Each operator must, at least twice
each calendar year, but at intervals not
exceeding 71⁄2 months, inspect each
mainline valve to determine that it is
functioning properly. Each rupturemitigation valve (RMV), as defined in
§ 195.2 and not contained in a gathering
line, or alternative equivalent
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technology that is installed under
§ 195.258(c) or § 195.418, must also be
partially operated. Operators are not
required to close the valve fully during
the inspection; a minimum 25 percent
valve closure is sufficient to
demonstrate compliance, unless the
operator has operational information
that requires an additional closure
percentage for maintaining reliability.
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(h) The requirements of paragraphs
(d) through (g) of this section do not
apply to gathering lines.
18. Amend § 195.452 by revising
paragraph (i)(4) introductory text and
adding paragraph (i)(4)(iv) to read as
follows:
■
§ 195.452 Pipeline integrity management in
high consequence areas.
*
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(i) * * *
(4) Emergency Flow Restricting
Devices (EFRD). If an operator
determines that an EFRD is needed on
a pipeline segment that is located in, or
which could affect, a high-consequence
area (HCA) in the event of a hazardous
liquid pipeline release, an operator must
install the EFRD. In making this
determination, an operator must, at
least, evaluate the following factors—the
swiftness of leak detection and pipeline
shutdown capabilities, the type of
commodity carried, the rate of potential
leakage, the volume that can be
released, topography or pipeline profile,
the potential for ignition, proximity to
power sources, location of nearest
response personnel, specific terrain
within the HCA or between the pipeline
segment and the HCA it could affect,
and benefits expected by reducing the
spill size. An RMV installed under this
paragraph (i)(4) must meet all of the
other applicable requirements in this
part, provided that the requirement of
this sentence does not apply to
gathering lines.
*
*
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*
*
(iv) The requirements of paragraphs
(i)(4)(i) through (iii) of this section do
not apply to gathering lines.
*
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Issued in Washington, DC, on July 21,
2023, under authority delegated in 49 CFR
1.97.
Tristan H. Brown,
Deputy Administrator.
[FR Doc. 2023–15904 Filed 7–31–23; 8:45 am]
BILLING CODE 4910–60–P
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50063
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 230726–0175]
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: Final rule.
AGENCY:
NMFS implements a
management measure through this final
rule as described in a framework action
under the Fishery Management Plan for
the Reef Fish Resources of the Gulf of
Mexico. This final rule increases the
commercial trip limit for gray triggerfish
in the Gulf of Mexico from 16 fish to 25
fish. The purpose of this action is to
increase the commercial trip limit to
allow commercial fishermen the
opportunity to harvest the commercial
annual catch target of gray triggerfish.
DATES: This final rule is effective on
September 11, 2023.
ADDRESSES: An electronic copy of the
framework document that contains an
environmental assessment and a
Regulatory Flexibility Act (RFA)
analysis, and provides the rationale for
this final rule, is available from the
Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
modification-gray-triggerfishcommercial-trip-limits. The proposed
rule for this action is available from the
same Southeast Regional Office website
or from www.regulations.gov by
searching ‘‘NOAA–NMFS–2023–0044.’’
FOR FURTHER INFORMATION CONTACT:
Peter Hood, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
peter.hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico Fishery Management Council
(Council) manages reef fish in Federal
waters of the Gulf of Mexico (Gulf)
under the Fishery Management Plan for
the Reef Fish Resources of the Gulf of
Mexico (Reef Fish FMP or FMP). The
Gulf Council prepared the Reef Fish
FMP, and NMFS implements the FMP
through regulations at 50 CFR part 622
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) (16 U.S.C. 1801 et seq.).
SUMMARY:
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Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 / Rules and Regulations
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On May 5, 2023, NMFS published a
proposed rule in the Federal Register
for the framework action and requested
public comment (88 FR 29048). The
proposed rule and the framework action
outline the rationale for the action
contained in this final rule. A summary
of the management measure described
in the framework action and
implemented by this final rule is
provided below.
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.
Gray triggerfish are managed under
the Reef Fish 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), annual catch targets
(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 for
gray triggerfish 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 gray
triggerfish 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
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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). All weights in this
final rule are given in round weight.
In 2017, the Council developed
Amendment 46 to the Reef Fish 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 Reef Fish 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.
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 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 Reef Fish FMP. The
final rule, implemented on July 29,
2021, increased the commercial ACL for
gray triggerfish from 64,100 lb (29,075
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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 2018
when landings reached 100.9 percent of
the ACL. 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 Final Rule
This final rule will increase the Gulf
gray triggerfish commercial trip limit
from 16 fish to 25 fish. Although
projections developed for the framework
action indicated that this trip limit
would increase annual commercial
landings of gray triggerfish by 33
percent, the same projections estimated
the commercial season would stay open
through each fishing year, with the
exception of the existing seasonal
closure from June 1 through July 31.
Comments and Responses
NMFS received comments from 13
individuals, fishing organizations, and a
seafood dealer on the proposed rule for
the framework action. Nine comments
were in support of the proposed rule,
three comments were opposed to the
proposed rule, and one comment that
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Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 / Rules and Regulations
neither supported or opposed the
proposed rule.
A summary of the public comments in
opposition to the action follows, along
with NMFS’ responses. NMFS made no
changes to the action based on public
comment.
Comment 1: The commenter
supported this action but also felt that
a commercial trip limit of 28 to 32 gray
triggerfish could also work and still not
result in a commercial ACL overage.
Response: The Council considered
alternatives to increase the commercial
trip limit to 30 and 40 gray triggerfish
during the development of the
framework action, and heard public
testimony that the trip limit should be
increased as high as 40 fish. However,
the Council was concerned that if the
commercial trip limit was increased too
much from the limit of 16 fish, more
commercial fishermen would begin to
harvest gray triggerfish. If enough
additional harvest occurred, the
commercial sector would be at an
increased risk of an early season
closure, which the Council wanted to
avoid. Therefore, the Council removed
the alternative for a 40-fish commercial
trip limit from the framework action and
selected a more conservative approach
as its preferred alternative for revising
the trip limit. The Council indicated
that an increase to a 25-fish trip limit
would allow more opportunity for the
commercial sector to harvest its ACT,
but not exceed its ACL, and maintain
the gray triggerfish stock rebuilding
timeline.
Comment 2: Three commenters
expressed opposition to an increase in
the commercial ‘‘limit’’ or ‘‘commercial
harvest’’ because there is no proposed
increase for the recreational sector. One
commenter asked if an increase in the
commercial trip limit meant there
would also be an increase in the
recreational limit.
Response: This final rule is not
changing the commercial ACL or ACT
for gray triggerfish. This rule is only
increasing the maximum number of gray
triggerfish that commercial fishermen
can harvest per trip, because
commercial landings have been below
the established commercial catch limits
since 2019. Regarding the request for an
increase in the recreational limit, the
problem addressed in this framework
action and proposed rule occurs only in
the commercial sector, and the Council
did not address recreational
management of gray triggerfish in this
action. Therefore, any adjustment to
recreational management measures for
gray triggerfish is outside the scope of
this final rule.
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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
framework action, the Reef Fish FMP,
the Magnuson-Stevens Act, and other
applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Magnuson-Stevens Act provides
the legal basis for this rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. A
description of this final rule, why it is
being implemented, and the purpose of
this final rule are contained in the
SUMMARY and SUPPLEMENTARY
INFORMATION sections of this final rule.
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 action
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 were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
List of Subjects in 50 CFR Part 622
Fish, Fisheries, Gray triggerfish, Gulf
of Mexico.
Dated: July 26, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS amends 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.
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(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
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§ 622.39(b) for the limitations regarding
gray triggerfish after the commercial
quota is reached.
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[FR Doc. 2023–16229 Filed 7–31–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 220711–0151; RTID 0648–
XD202]
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Gulf of Maine Cod Trimester
Total Allowable Catch Area Closure for
the Common Pool Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; area closure.
AGENCY:
This action closes the Gulf of
Maine Cod Trimester Total Allowable
Catch Area to Northeast multispecies
common pool vessels fishing with trawl
gear, sink gillnet gear, and longline/
hook gear, through August 31, 2023. The
closure is required because the common
pool fishery is projected to have caught
over 90 percent of its Trimester 1 quota
for Gulf of Maine cod. This closure is
intended to prevent an overage of the
common pool’s quota for this stock.
DATES: This action is effective July 27,
2023, through August 31, 2023.
FOR FURTHER INFORMATION CONTACT:
Spencer Talmage, Fishery Policy
Analyst, (978) 281–9232.
SUPPLEMENTARY INFORMATION: Federal
regulations at § 648.82(n)(2)(ii) require
the Regional Administrator to close a
common pool Trimester Total
Allowable Catch (TAC) Area for a stock
when 90 percent of the Trimester TAC
is projected to be caught. The closure
applies to all common pool vessels
fishing with gear capable of catching
that stock, and remains in effect for the
remainder of the trimester. During the
closure, affected common pool vessels
may not fish for, harvest, possess, or
land regulated multispecies or ocean
pout in or from the Trimester TAC Area
for the stock.
The Trimester 1 TAC for Gulf of
Maine (GOM) cod is 9,480 lb (pounds)
(4.3 metric tons (mt)). Catch data
(including landings and discards)
indicate that the common pool fishery
caught 9,066 lb (4.1 mt) of GOM cod, or
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Rules and Regulations]
[Pages 50063-50065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16229]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230726-0175]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS implements a management measure through this final rule
as described in a framework action under the Fishery Management Plan
for the Reef Fish Resources of the Gulf of Mexico. This final rule
increases the commercial trip limit for gray triggerfish in the Gulf of
Mexico from 16 fish to 25 fish. The purpose of this action is to
increase the commercial trip limit to allow commercial fishermen the
opportunity to harvest the commercial annual catch target of gray
triggerfish.
DATES: This final rule is effective on September 11, 2023.
ADDRESSES: An electronic copy of the framework document that contains
an environmental assessment and a Regulatory Flexibility Act (RFA)
analysis, and provides the rationale for this final rule, is available
from the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/modification-gray-triggerfish-commercial-trip-limits. The proposed rule for this action is available from the
same Southeast Regional Office website or from www.regulations.gov by
searching ``NOAA-NMFS-2023-0044.''
FOR FURTHER INFORMATION CONTACT: Peter Hood, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The Gulf of Mexico Fishery Management
Council (Council) manages reef fish in Federal waters of the Gulf of
Mexico (Gulf) under the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (Reef Fish FMP or FMP). The Gulf
Council prepared the Reef Fish 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)
(16 U.S.C. 1801 et seq.).
[[Page 50064]]
On May 5, 2023, NMFS published a proposed rule in the Federal
Register for the framework action and requested public comment (88 FR
29048). The proposed rule and the framework action outline the
rationale for the action contained in this final rule. A summary of the
management measure described in the framework action and implemented by
this final rule is provided below.
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.
Gray triggerfish are managed under the Reef Fish 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), annual catch targets (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 for gray triggerfish 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
gray triggerfish 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). All weights
in this final rule are given in round weight.
In 2017, the Council developed Amendment 46 to the Reef Fish 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 Reef Fish
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.
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 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 Reef Fish 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 2018 when landings reached 100.9 percent of the ACL. 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 Final Rule
This final rule will increase the Gulf gray triggerfish commercial
trip limit from 16 fish to 25 fish. Although projections developed for
the framework action indicated that this trip limit would increase
annual commercial landings of gray triggerfish by 33 percent, the same
projections estimated the commercial season would stay open through
each fishing year, with the exception of the existing seasonal closure
from June 1 through July 31.
Comments and Responses
NMFS received comments from 13 individuals, fishing organizations,
and a seafood dealer on the proposed rule for the framework action.
Nine comments were in support of the proposed rule, three comments were
opposed to the proposed rule, and one comment that
[[Page 50065]]
neither supported or opposed the proposed rule.
A summary of the public comments in opposition to the action
follows, along with NMFS' responses. NMFS made no changes to the action
based on public comment.
Comment 1: The commenter supported this action but also felt that a
commercial trip limit of 28 to 32 gray triggerfish could also work and
still not result in a commercial ACL overage.
Response: The Council considered alternatives to increase the
commercial trip limit to 30 and 40 gray triggerfish during the
development of the framework action, and heard public testimony that
the trip limit should be increased as high as 40 fish. However, the
Council was concerned that if the commercial trip limit was increased
too much from the limit of 16 fish, more commercial fishermen would
begin to harvest gray triggerfish. If enough additional harvest
occurred, the commercial sector would be at an increased risk of an
early season closure, which the Council wanted to avoid. Therefore, the
Council removed the alternative for a 40-fish commercial trip limit
from the framework action and selected a more conservative approach as
its preferred alternative for revising the trip limit. The Council
indicated that an increase to a 25-fish trip limit would allow more
opportunity for the commercial sector to harvest its ACT, but not
exceed its ACL, and maintain the gray triggerfish stock rebuilding
timeline.
Comment 2: Three commenters expressed opposition to an increase in
the commercial ``limit'' or ``commercial harvest'' because there is no
proposed increase for the recreational sector. One commenter asked if
an increase in the commercial trip limit meant there would also be an
increase in the recreational limit.
Response: This final rule is not changing the commercial ACL or ACT
for gray triggerfish. This rule is only increasing the maximum number
of gray triggerfish that commercial fishermen can harvest per trip,
because commercial landings have been below the established commercial
catch limits since 2019. Regarding the request for an increase in the
recreational limit, the problem addressed in this framework action and
proposed rule occurs only in the commercial sector, and the Council did
not address recreational management of gray triggerfish in this action.
Therefore, any adjustment to recreational management measures for gray
triggerfish is outside the scope of this final rule.
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 framework action, the Reef Fish FMP, the Magnuson-
Stevens Act, and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the legal basis for this rule. No
duplicative, overlapping, or conflicting Federal rules have been
identified. A description of this final rule, why it is being
implemented, and the purpose of this final rule are contained in the
SUMMARY and SUPPLEMENTARY INFORMATION sections of this final rule.
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 action 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 were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Fish, Fisheries, Gray triggerfish, Gulf of Mexico.
Dated: July 26, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 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. 2023-16229 Filed 7-31-23; 8:45 am]
BILLING CODE 3510-22-P
