[Federal Register Volume 63, Number 85 (Monday, May 4, 1998)]
[Proposed Rules]
[Pages 24522-24523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11777]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 121197E]
RIN 0648-AJ16


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Resubmission of Disapproved 
and Revised Measure in Amendment 11

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of agency decision.

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SUMMARY: NMFS announces the disapproval of a revised, previously 
disapproved measure submitted by the Gulf of Mexico Fishery Management 
Council (Council) and originally contained in Amendment 11 to the 
Fishery Management Plan for the Reef Fish Resources of the Gulf of 
Mexico (FMP). The measure would have redefined optimum yield (OY) for 
that FMP.

ADDRESSES: Requests for copies of the documents supporting the 
disapproval decision should be mailed to the Southeast Regional Office, 
NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702.

FOR FURTHER INFORMATION CONTACT: Robert Sadler, 813-570-5305.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit any fishery management plan or 
amendment to NMFS for review and approval, disapproval, or partial 
approval. The Magnuson-Stevens Act also requires that NMFS, upon 
receiving an amendment, immediately publish a document in the Federal 
Register stating that the amendment is available for public review and 
comment.
    On December 31, 1997, NMFS published a notice of availability (NOA) 
of a revised, previously disapproved measure originally in Amendment 
11, and requested comments (62 FR 68246). The revised definition would 
have

[[Page 24523]]

initially set OY for each reef fish stock managed under the FMP at a 
yield level that would result in at least a 30-percent spawning 
potential ratio (SPR) for that stock. This measure would have allowed 
the Council to propose setting OY for these species based on a more 
conservative (higher) SPR level if the Reef Fish Stock Assessment Panel 
indicates that appropriate biological information supports such action. 
Additional background, the Council's rationale for the revised measure 
in the amendment, and NMFS' concerns about inconsistency with national 
standards 1 and 2 of the Magnuson-Stevens Act are contained in the NOA.
    On April 3, 1998, after considering the public comment received on 
the revised measure, NMFS disapproved the revised measure based on 
concerns expressed in the NOA and summarized here.

Comments and Responses

    One public comment on the revised measure was received.
    Comment: A recreational fishing association opposed an OY 
definition of 40-percent SPR for reef fish because it would be 
inconsistent with the Magnuson-Stevens Act and not based on the best 
available scientific information. The commenter did not provide any 
rationale in support of this position or address the concerns raised by 
NMFS.
    Response: NMFS disagrees with this comment because the best 
available scientific information indicates that for some species an OY 
definition based on a 40-percent SPR would be necessary to prevent 
overfishing. As a result, such a definition would be necessary for the 
FMP to be consistent with the Magnuson-Stevens Act. NMFS' reasons for 
disapproving the revised OY definition further explain why NMFS 
disagrees with this public comment.

NMFS' Reasons for Disapproving the Revised Measure

    Comments from the Southeast Fisheries Science Center (SEFSC) 
indicate that OY should be defined at a more biologically conservative 
level than 30-percent SPR for species for which biological information 
is presently unavailable and for those species that may be especially 
vulnerable to overfishing because they change sex and are believed to 
be less resilient as they mature. The SEFSC recommended that OY be 
defined as a fishing mortality rate that allows a 40-percent SPR for 
these 15 species: red porgy (removed from the FMP under Amendment 15 to 
provide for management by Florida), rock hind, speckled hind, 
yellowedge grouper, red hind, jewfish, red grouper, misty grouper, 
warsaw grouper, snowy grouper, Nassau grouper, yellowmouth grouper, 
gag, scamp, and yellowfin grouper. Jewfish and Nassau grouper are 
overfished species.
    The SEFSC concluded that the 30-percent OY is inappropriate for the 
15 listed species. Specifically, an OY definition based on a 30-percent 
SPR does not address the fact that some species change sex from female 
to male, which reduces egg production and is believed to make the 
population less resilient to fishing and environmental factors that 
reduce reproductive success. Use of a 30-percent SPR to define OY for 
such species not only would fail to incorporate the best available 
scientific information for the sex-changing species, but also would put 
them at risk of overfishing.
    For the species listed above for which biological information is 
currently unavailable, the definition of OY based on a 30-percent SPR 
is inconsistent with NMFS' policy of employing a precautionary approach 
to fishery management. An OY definition based on a 40-percent SPR for 
species for which biological information is presently unavailable is 
more appropriate than one based on a 30-percent SPR, because an OY 
based on 30-percent SPR could produce a fishing mortality rate that 
exceeds maximum sustainable yield (MSY) and result in overfishing. It 
has been shown over a wide range of stock-recruitment parameter 
combinations that an OY based on a 40-percent SPR has a relatively low 
risk of producing a fishing mortality rate that would exceed MSY and 
result in overfishing. The Magnuson-Stevens Act requires that OY be no 
higher than MSY. For these reasons, NMFS has determined that approval 
of the resubmitted measure would risk overfishing of these species.
    Public comments on the SEFSC's concerns were specifically invited 
in the NOA. The public comment did not address the SEFSC's concerns or 
provide a basis for approval of the revised measure. Following 
consideration of this comment and all other available information, NMFS 
found that the OY definition is inconsistent with national standards 1 
and 2. This finding formed the basis for the final agency decision to 
disapprove the OY definition as part of Amendment 11.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: April 28, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-11777 Filed 5-1-98; 8:45 am]
BILLING CODE 3510-22-F