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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations
Councils Scientific and Statistical Committee SSC in October 2015
SEDAR 43. SEDAR 43 indicated that the gray triggerfish stock was not experiencing overfishing but remained overfished and would not be rebuilt by the end of 2017 as previously projected.
As a result of SEDAR 43, the Councils SSC made recommendations for an increased overfishing limit OFL based on a fixed maximum fishing mortality threshold, which is independent of rebuilding, and ABCs based on an 8, 9, or 10-year rebuilding timeline. Because of the stock not rebuilding as anticipated, the Council decided not to change the ABC, sector ACLs, and sector ACTs set by Amendment 37 but to change the rebuilding timeline to rebuild the stock by 2025. Amendment 46 implicitly adopted the SSCs recommendations for an increased OFL
by including alternatives with an ABC
that was higher than the status quo OFL.
Amendment 44 to the FMP, implemented in 2017 82 FR 61488;
December 28, 2017, updated the stock status to not overfished but did not revise the sector ACLs or ACTs.
Between 2012 and 2019, the commercial sector has exceeded its ACL
of 64,100 lb 29,075 kg, two times, in both 2012 and 2018. During that same timeframe, the recreational sector has exceeded its ACL of 241,200 lb 109,406
kg, five times, in 2012, 2013, 2016, 2018, and 2019.
At its September 2020 meeting, the Councils SSC accepted a 2020 gray triggerfish interim analysis conducted by the NMFS Southeast Fisheries Science Center SEFSC. Unlike full SEDAR stock assessments, interim analyses are designed to occur between regular SEDAR assessments to determine trends in stock condition and project future catch advice. While interim analyses take less time to complete, they cannot be used to determine if a stock is making progress towards rebuilding. Based on the interim analysis, abundance trends of the Gulf gray triggerfish stock suggest an increase in biomass that could support a greater harvest. The Councils SSC
determined the interim analysis was suitable for providing ABC catch advice through 2023. From the interim analysis, the Councils SSC
recommended the gray triggerfish stock ABC be increased to 456,900 lb 207,246
kg, for 2021 and subsequent fishing years, with the request that another interim analysis be completed in 2023.
The Councils SSC previously recommended an increased OFL
1,220,000 lb 553,383 kg that was implicitly adopted by Amendment 46

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and was not examined by this interim analysis.
In January 2021, the Council took final action on this framework action, consistent with the most recent interim analysis for gray triggerfish, and recommendations from the Councils SSC, the SEFSC, and the Councils Reef Fish Advisory Panel Reef Fish AP to increase the commercial and recreational catch limits for Gulf gray triggerfish, in order to achieve OY
consistent with the requirements of the Magnuson-Stevens Act.
Management Measures Contained in This Final Rule This final rule revises the commercial and recreational ACLs and ACTs consistent with the interim analysis and the Councils SSC, SEFSC, and the Councils Reef Fish AP
recommendations.
Commercial ACL and ACT
This final rule increases the Gulf gray triggerfish commercial ACL from 64,100
lb 29,075 kg, to 95,949 lb 43,522 kg, for the 2021, and subsequent fishing years based on the current ACL sector allocation of 21 percent commercial. To determine the ACT, the Council used its ACL/ACT control rule to determine the buffer to be applied to the commercial ACL to account for updated information. Application of the control rule indicated that an 8 percent buffer is appropriate between the commercial ACL and ACT. This is an increase from the current buffer of 5 percent. Using a more recent time series, the control rule yielded a larger buffer as a result of the number of times sector landings exceeded the commercial ACL, current stock status the stock is rebuilding, and the precision of landings data. The 8 percent buffer applied to the commercial ACL, revises the commercial ACT commercial quota from 60,900 lb 27,624 kg to 88,273 lb 40,040 kg, for the 2021, and subsequent fishing years. The increased buffer between the commercial ACL and ACT is expected to reduce the risk of the commercial sector exceeding its ACL and to reduce the likelihood of overfishing the gray triggerfish stock.
NMFS notes that the commercial sector has never exceeded the commercial ACL
that is being implemented by this rule.
Recreational ACL and ACT
This final rule increases the Gulf gray triggerfish recreational ACL from 241,200 lb 109,406 kg to 360,951 lb 163,725 kg, for the 2021 and subsequent fishing years based on the ACL recreational sector allocation of 79
percent. To determine the new
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recreational ACT, the ACL/ACT control rule was applied to determine the buffer between the ACL and ACT using updated information. The control rule yielded a 24 percent buffer, an increase from the current 10 percent buffer. The buffer increased because of past ACL
overages, current stock status the stock is rebuilding, the application of a more recent time series, and the precision of landings data. When the 24 percent buffer is applied to the new recreational ACL, the ACT is increased from 217,100
lb 98,475 kg to 274,323 lb 124,431 kg, for the 2021 and subsequent fishing years.
NMFS notes that recreational landings in the 2013, 2016, and 2018 fishing years have exceeded the recreational ACL implemented in this rule. The increased buffers between the recreational ACL and ACT are expected to reduce the risk of the recreational sector exceeding its ACL, and to reduce the likelihood of overfishing the gray triggerfish stock.
Measure in the Framework Action But Not Codified in This Final Rule In addition to the other measures contained in this final rule, the framework action also revises the Gulf gray triggerfish stock ABC. As a result of the gray triggerfish interim analysis, and the recommendation of the Councils SSC, the framework action increases the Gulf gray triggerfish stock ABC from 305,300 lb 138,482 kg, to 456,900 lb 207,246 kg. The stock ACL
remains equal to the stock ABC. A
buffer between the stock ABC and ACL
was not recommended by the Councils Reef Fish AP so as to retain the Councils current management approach for gray triggerfish, which is to set the stock ACL equal to the ABC. In addition, the increased ABC is 37.5
percent of the OFL 1,220,000 lb 553,383 kg. This large difference between the ABC and OFL reduces the risk of overfishing of the gray triggerfish stock.
Comments and Responses NMFS received a total of 13
comments on the proposed rule for the framework action. Most comments supported the measures for Gulf gray triggerfish in the proposed rule and framework action. Some comments suggested changes to gray triggerfish management measures that were outside the scope of the proposed rule and framework action, such as increasing the recreational season length, increasing the recreational bag limit, increasing the commercial trip limit, reducing the minimum size limits, or gleaning bycatch within the gray
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