NMFS proposes regulations to implement management measures described in a regulatory amendment to 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, this rule would (1) establish a closure date for the 2013 recreational sector for gag harvest based on the projected annual catch target (ACT), and (2) reduce the geographic extent of the recreational shallow-water grouper (SWG) fixed seasonal closure, which are in place to prevent overfishing of gag, and to reduce fishing pressure on other SWG species. The reduction in the geographic extent of the closure still would provide some spawning season protection for several SWG species, but provides a better opportunity for the recreational sector to achieve optimum yield (OY) from the stocks in the SWG complex in the Gulf of Mexico (Gulf). This proposed rule is intended to help achieve OY for the Gulf gag and other SWG resources and prevent overfishing from the stocks in the SWG complex.
Written comments must be received on or before March 25, 2013.
ADDRESSES: You may submit comments on this document, identified by ``NOAA-NMFS-2013-0012'', by any of the following methods:
Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0012, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Peter Hood, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
Electronic copies of the regulatory amendment, which includes an
environmental assessment, regulatory impact review, and Regulatory
Flexibility Act analysis, may be obtained from the Southeast Regional
Office Web Site at http://sero.nmfs.noaa.gov/sf/GrouperSnapperandReefFish.htm.
FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office,
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, OY from federally managed fish stocks. The reauthorized
Magnuson-Stevens Act, as amended through January 12, 2007, requires the councils to establish
annual catch limits (ACLs) for each stock/stock complex and
accountability measures (AMs) to ensure these ACLs are not exceeded.
This proposed rule addresses these requirements by (1) establishing a
closure date for the recreational sector for gag harvest based on when
the ACT is projected to be reached, rather than closing on October 31,
2013, under current regulations; and (2) modifying the geographic
extent of the recreational SWG fixed seasonal closure, from February 1
through March 31, each year, to permit recreational SWG fishing within
Federal waters shoreward of the 20-fathom boundary during the closure.
In the Gulf, SWG means gag, red grouper, black grouper, scamp,
yellowfin grouper, and yellowmouth grouper.
Recreational Gag Fishing Season
Gulf gag is overfished and the stock is currently in a rebuilding
plan. The 10-year rebuilding plan was implemented through Amendment 32
to the FMP (77 FR 6988, February 20, 2012). Pursuant to the rebuilding
plan, in 2013, the recreational ACL is scheduled to increase from 1.232
million lb (0.559 million kg) to 1.495 million lb (0.678 million kg),
gutted weight, and the ACT is scheduled to increase from 1.031 million
lb (0.468 million kg) in 2012 to 1.287 million lb (0.584 million kg),
gutted weight. Preliminary estimates indicate the recreational sector
landings did not exceed the 2012 ACL of 1.232 million lb (0.559 million
kg), gutted weight, which would allow the ACL and ACT to be increased
in 2013, in accordance with the rebuilding plan.
The 2012 recreational gag fishing season was July 1 through October
31. To set a 2013 recreational gag fishing season, the Council
evaluated seasons beginning at different times. Fishermen had expressed
interest in being able to fish for gag during other times of the year
to accommodate regional and seasonal differences in gag fishing. As a
result, several alternatives were developed to either move the start of
the recreational gag fishing season to a different time, or to split
the season into two or three sub-seasons. However, moving the season to
times when there is greater demand for gag fishing would reduce the
total number of days available to fish. Therefore, to provide
additional fishing days, the Council added an option to reduce the bag
limit from 2 to 1 fish during the recreational gag fishing season.
After evaluating alternatives, the Council selected a recreational
gag fishing season beginning on July 1, 2013, and closing when the ACT
is projected to be reached, rather than closing on October 31, 2013,
which is the current regulation. The Council also decided to maintain
the 2-fish bag limit during the recreational gag fishing season rather
than reduce the bag limit to 1 fish because the number of projected
additional fishing days to the 2013 season was small (less than 2
weeks). If implemented, each year, NMFS would project when the ACT is
expected to be reached, and publish the date for the closure of the
recreational sector for gag harvest in the Federal Register. Given a
2013 ACT of 1.287 million lb (0.584 million kg), gutted weight, and
assuming compatible state regulations, preliminary NMFS projections
indicate the recreational gag fishing season would remain open until
sometime between November 11 and December 3, 2013. A 2013 closure date
for the recreational sector for gag harvest would be set in the final
rule. This would allow landings data for the recreational sector,
through the end of the 2012 recreational gag fishing season (October
31), to be used for projecting the 2013 season length.
The final closure date for the 2013 season may be earlier or later
than closure dates described above because it is contingent on catches
reported in 2012 and state consistency with regulations existing in
2013. For example, in 2012, four Gulf coast counties in Florida had
recreational gag fishing seasons in state waters that were inconsistent
with the 2012 Federal season. All other Gulf coast counties were
consistent with the season for Federal waters. If Florida chooses to
repeat these seasons in 2013, then the effect of any inconsistent
seasons on gag harvest would need to be factored into projections of
how long the Federal season can be open based on the ACT. Furthermore,
accountability measures, specified at 50 CFR part 622.49(a)(4)(ii),
state that if landings reach, or are projected to reach, the ACL for
that fishing year, NMFS will close the recreational sector for gag
harvest for the remainder of the fishing year. Therefore, NMFS could
close the recreational sector for gag harvest prior to reaching the
final closure date (including the current closure date of October 31,
as provided in 50 CFR 622.34(v)), if landings reach, or are projected
to reach the ACL for that fishing year.
Recreational SWG Fixed Seasonal Closure
The current recreational SWG fixed seasonal closure, from February
1 through March 31, each year, was part of a suite of recreational
measures implemented through Amendment 30B to the FMP (72 FR 17603,
April 16, 2009) designed to achieve target harvest levels for both red
grouper and gag, and to end overfishing of gag. Part of the rationale
for selecting the recreational SWG fixed seasonal closure, from
February 1 through March 31, each year, was to protect spawning of SWG
species, and in particular gag, which spawn primarily along the 40-
fathom break in the eastern Gulf. Because the current and proposed
recreational gag fishing season opens July 1, well after peak gag
spawning in February and March, gag spawning is protected by both the
closure of the recreational sector for gag harvest and the current
recreational SWG fixed seasonal closure. The recreational SWG fixed
seasonal closure, from February 1 through March 31, also covers the
spawning periods of some of the other SWG species and thus provides a
biological benefit to these species. Like gag, spawning for many of
these SWG species occurs in offshore rather than near-shore waters;
thus the modified geographic extent of the recreational SWG fixed
seasonal closure proposed in this rule may continue to provide some
protection for these SWG species with spawning periods during the
proposed closure. In addition, red, black, and other SWG are managed
with ACLs and AMs to prevent overfishing from occurring.
The Council evaluated several alternatives to the recreational SWG
fixed seasonal closure, including shortening, shifting, and repealing
the closure. To continue protections for gag and other SWG spawning,
the Council preferred to modify the geographic extent of the February 1
through March 31 recreational SWG fixed seasonal closure, to only apply
to Federal waters seaward of the 20-fathom boundary. If implemented,
this modification would continue to provide protection for spawning gag
as well as for other SWG species that spawn in waters deeper than 20
fathoms in February and March. The coordinates of the boundary would
follow the 20-fathom reef fish bottom longline boundary from the
Florida Keys north and west to Cape San Blas, as specified in Table 1
of Appendix B to 50 CFR Part 622. Because the longline boundary moves
out to 50 fathoms west of Cape San Blas, new 20-fathom boundary
coordinates would be established through this rule for waters off Cape
San Blas to the U.S. and Mexico border.