Small Entity Compliance Guide

NOAA’s National Marine Fisheries Service (NOAA
Fisheries Service) published a final rule implementing
the approved regulatory actions to end overfishing and
rebuild greater amberjack and gray triggerfish in the
Gulf of Mexico. The rule becomes effective August 4,
2008.

The most recent assessments for these species indicate
reductions in harvest are needed to end overfishing and
allow the stocks to recover within each species’
respective rebuilding schedule. For 2008, the overall
harvest of greater amberjack needs to be reduced by 32
percent, and for gray triggerfish, reduced by at least 49
percent. To ensure these targets are met, the rule
includes annual catch limits (ACLs) and accountability
measures (AMs) for these species. These measures are
outlined in Amendment 30A to the Fishery Management
Plan (FMP) for the Reef Fish Resources of the Gulf of
Mexico (Amendment 30A) submitted by the Gulf of
Mexico Fishery Management Council. The final rule
was published in the Federal Register on July 3, 2008.

Elements of the Rule

For greater amberjack, the rule:
• Establishes ACLs and AMs that can use
inseason adjustments for the recreational and
commercial sectors.
• Increases the recreational minimum size limit to
30 inches fork length (FL).
• Sets the bag limit for captain(s) and crew of forhire
vessels at zero.
• Establishes a greater amberjack commercial
fishery quota of 0.503 million pounds (mp) and
a recreational fishery quota of 1.368 mp.

For gray triggerfish, the rule:
• Establishes ACLs and AMs that use average
annual landings for the recreational sector and
inseason adjustments for the commercial sector.
• Increases the gray triggerfish recreational and
commercial size limit to 14 inches FL.
• Establishes a gray triggerfish commercial quota
of 80,000 pounds for 2008, 93,000 pounds for
2009, and 106,000 pounds for 2010.

Accountability Measures and Annual Catch Limits
The rule addresses the Magnuson-Stevens Fishery
Conservation and Management Act requirements that
ACLs and AMs be in place by 2010 for stocks
undergoing overfishing. ACLs and AMs work together
as a system to ensure that overfishing will not occur.
The ACL must be set ‘‘at a level such that overfishing
does not occur in the fishery.’’ AMs are management
measures established with ACLs to end and prevent
overfishing.

Accountability measures for both species give the
NOAA Fisheries Service Assistant Administrator (AA)
the authority to shorten the fishing season for a sector
should landings go over the ACLs. For greater
amberjack, the AA has the authority to shorten the
season within the fishing year and in the following year
if ACLs are exceeded or are projected to be exceeded.

For gray triggerfish, the recreational AM provides the
AA the authority to shorten the fishing year in the
following year if the ACL is exceeded, while the
commercial AM gives the AA the authority to shorten
the fishing season within the fishing year and in the
following year if the commercial ACL is exceeded.
Gray triggerfish ACLs are defined as multi-year running
average landings, with exception of the first year which
would use only 2008 landings.

This bulletin provides only a summary of the
information about the rule. Discrepancies between this
bulletin and the rule as published in the Federal Register
will be resolved in favor of the Federal Register.
Copies of the final rule are available by contacting
NOAA Fisheries Service’s Southeast Regional Office at
263 13th Avenue South, St. Petersburg, Florida 33701.
The final rule can be obtained in electronic form from
the Federal Register Web site:
http://www.gpoaccess.gov/fr/index.html (use advanced
search for final rules using “AV34” as a keyword).