Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 51, 34460-34465 [2023-11366]
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Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules
This action is the result of an airspace
review caused by the decommissioning
of the Rush City NDB which provided
navigation information for the
instrument procedures at this airport.
Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore: (1) is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as
the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated, will
not have a significant economic impact
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Environmental Review
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
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Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11G,
Airspace Designations and Reporting
Points, dated August 19, 2022, and
effective September 15, 2022, is
amended as follows:
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AGL MN E5 Rush City, MN [Amended]
Rush City Regional Airport, TX
(Lat 45°41′50″ N, long 092°57′08″ W)
That airspace extending upward from 700
feet above the surface within a 6.4-mile
radius of Rush City Regional Airport.
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Issued in Fort Worth, Texas, on May 22,
2023.
Martin A. Skinner,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2023–11351 Filed 5–26–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 230523–0137]
RIN 0648–BM03
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
List of Subjects in 14 CFR Part 71
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Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic
Region; Amendment 51
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
§ 71.1
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
NMFS proposes regulations to
implement Amendment 51 to the
Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (FMP), as prepared and
submitted by the South Atlantic Fishery
Management Council (Council). For
snowy grouper, this proposed rule
would revise the sector annual catch
limits (ACLs), commercial seasonal
quotas, recreational fishing season, and
recreational accountability measures
(AMs). In addition, Amendment 51
would revise the acceptable biological
catch (ABC), annual optimum yield
(OY), and sector allocations of the total
ACL. The purpose of this proposed rule
and Amendment 51 is to end
overfishing of snowy grouper, rebuild
the stock, and achieve OY while
minimizing, to the extent practicable,
adverse social and economic effects.
DATES: Written comments must be
received by June 29, 2023.
ADDRESSES: You may submit comments
on the proposed rule, identified by
SUMMARY:
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‘‘NOAA–NMFS–2023–0026,’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
‘‘NOAA–NMFS–2023–0026’’ in the
Search box. Click the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit all written comments
to Rick DeVictor, NMFS Southeast
Regional Office, 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),
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.
An electronic copy of Amendment 51,
which includes a fishery impact
statement and a regulatory impact
review, may be obtained from the
Southeast Regional Office website at
https://www.fisheries.noaa.gov/node/
151366.
Rick
DeVictor, telephone: 727–824–5305, or
email: rick.devictor@noaa.gov.
SUPPLEMENTARY INFORMATION: The South
Atlantic snapper-grouper fishery
includes snowy grouper and is managed
under the FMP. The FMP was prepared
by the Council and is implemented by
NMFS through regulations at 50 CFR
part 622 under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
FOR FURTHER INFORMATION CONTACT:
Background
The Magnuson-Stevens Act requires
that NMFS and the regional fishery
management councils prevent
overfishing and achieve, on a
continuing basis, the OY from federally
managed fish stocks. These mandates
are intended to ensure that 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. To further this goal, the
Magnuson-Stevens Act requires fishery
managers to minimize bycatch and
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bycatch mortality to the extent
practicable.
All weights described in this
proposed rule are in gutted weight.
In 2004, a stock assessment for snowy
grouper was completed through the
Southeast Data, Assessment, and
Review (SEDAR) process (SEDAR 4),
and it was determined that the stock
was subject to overfishing and
overfished. As a result of that stock
status, Amendment 13C to the FMP
established management measures to
end overfishing (71 FR 55096,
September 21, 2006) and Amendment
15A to the FMP established a rebuilding
plan for snowy grouper (73 FR 14942,
March 20, 2008). The rebuilding plan
year started in 2006 with a target time
to rebuild snowy grouper of 34 years.
The snowy grouper stock was
assessed again in 2013 through SEDAR
36 and was determined to not be
undergoing overfishing, although the
stock was overfished but rebuilding. In
response to the assessment and a
subsequent ABC recommendation by
the Council’s Scientific and Statistical
Committee (SSC), the Council and
NMFS implemented management
actions through the final rule for
Regulatory Amendment 20 to the FMP
(80 FR 43033, July 21, 2015). Regulatory
Amendment 20 and its implementing
final rule modified the ACL by setting
it equal to the ABC and OY, increased
the commercial trip limit to 200 lb (91
kg), and modified the recreational
fishing season from the calendar year to
May through August.
The most recent SEDAR stock
assessment for South Atlantic snowy
grouper (SEDAR 36 Update) was
completed in 2021 and included data
through 2018. The assessment used
revised estimates for recreational catch
from the Marine Recreational
Information Program (MRIP) based on
the Fishing Effort Survey (FES). In 2018,
the MRIP fully transitioned its
estimation of recreational effort to the
mail-based FES. Previous estimates of
recreational catch for snowy grouper
were made using MRIP’s Coastal
Household Telephone Survey (CHTS)
phone call-based methodology. As
explained in Amendment 51, total
recreational fishing effort estimates
generated from the MRIP FES are
different than those from the MRIP
CHTS and earlier survey methods. This
difference in estimates is because MRIP
FES is designed to more accurately
measure fishing activity, not because
there was a sudden change in fishing
effort. The MRIP FES is considered a
more reliable estimate of recreational
effort by the Council’s SSC, the Council,
and NMFS, and more robust compared
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to the MRIP CHTS method. The SSC
reviewed the SEDAR 36 Update and
found that the assessment was
conducted using the best scientific
information available, and was adequate
for determining stock status and
supporting fishing level
recommendations. The findings of the
assessment indicated that the South
Atlantic snowy grouper stock remains
overfished and is undergoing
overfishing.
Following a notification from NMFS
to a fishery management council that a
stock is undergoing overfishing and is
overfished, the Magnuson-Stevens Act
requires the fishery management
council to develop an FMP amendment
with actions that immediately end
overfishing and rebuild the affected
stock. In a letter dated June 10, 2021,
NMFS notified the Council that the
snowy grouper stock is overfished and
undergoing overfishing but continues to
rebuild, and the Council subsequently
developed Amendment 51 in response
to the results of SEDAR 36 Update.
In addition to the proposed revisions
to the sector ACLs and seasonal
commercial quotas, the Council
determined that further modifications to
snowy grouper management measures
are needed to help constrain
recreational harvest to the proposed
fishing levels in Amendment 51. The
proposed rule would reduce the length
of the recreational fishing season and
would also adjust the recreational AMs
to ensure they are effective at keeping
recreational landings from exceeding
the proposed recreational ACL and
correct for ACL overages if they occur.
The Council decided not to revise the
current commercial trip limit or AMs,
finding that those measures sufficiently
ensured that the commercial harvest of
snowy grouper is constrained to the
ACL.
The Council determined that the
actions in Amendment 51 would end
overfishing of South Atlantic snowy
grouper, rebuild the stock, and achieve
OY while minimizing, to the extent
practicable, adverse social and
economic effects.
Management Measures Contained in
This Proposed Rule
This proposed rule would revise the
total and sector ACLs, seasonal
commercial quotas, recreational fishing
season, and the recreational AMs for
snowy grouper in the South Atlantic
exclusive economic zone (EEZ).
Total ACLs
As implemented through the final
rule for Regulatory Amendment 20, the
current total ACL and annual OY for
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snowy grouper are equal to the current
ABC of 185,464 lb (84,125 kg). In
Amendment 51, the Council would
revise the ABC, and set the ABC, ACL,
and annual OY equal to each other.
The proposed rule would revise the
total ACL and annual OY equal to the
recommended ABC of 119,654 lb
(54,274 kg) for 2023; 121,272 lb (55,008
kg) for 2024; 122,889 lb (55,741 kg) for
2025; and 122,889 lb (55,741 kg), for
2026 and subsequent fishing years.
Amendment 51 would set a total ACL
for snowy grouper in 2023, 2024, 2025,
and in 2026, with the 2026 ACL in place
for the subsequent fishing years.
However, the ACL value for 2025 is
identical to the ACL value for 2026.
While NMFS is listing the ACL value for
2025 and 2026 in the SUPPLEMENTARY
INFORMATION section of this proposed
rule, in the proposed regulations section
NMFS will state the total (and sector)
ACLs for snowy grouper in 2025 and
subsequent fishing years without
repeating the same ACL value for 2026.
Sector Allocations and ACLs
The Council would revise the
commercial and recreational allocations
of the total ACL for snowy grouper in
Amendment 51. The current sector
ACLs for snowy grouper are based on
the commercial and recreational
allocations of the total ACL at 83
percent and 17 percent, respectively,
that were revised in Regulatory
Amendment 20. These allocations were
determined using average commercial
and recreational landings from 1986 to
2005, which included estimates of
recreational catch from the MRIP CHTS
method.
In Amendment 51, the Council would
determine allocations using the average
commercial and recreational landings
from 1986 to 2005, but include the
estimates of recreational catch during
those years using the MRIP FES method
from the SEDAR 36 Update. The
Council would specify new commercial
and recreational allocations of 87.55
percent and 12.45 percent, respectively,
which results in a shift of allocation of
4.55 percent from the recreational sector
to the commercial sector. The Council
reasoned that using average landings
from 1986 to 2005 was more appropriate
because it would exclude the more
recent years that had depth and area
closures that may have affected the
allocation calculations, and would
strike the most appropriate balance
between the needs of both sectors. The
Council acknowledged that because the
snowy grouper portion of the snappergrouper fishery operates primarily in
deeper water and is therefore more
difficult to access for recreational
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fishermen, when compared to snappergrouper species in shallower water and
closer to shore, the allocations between
sectors have historically and
consistently been much higher for the
commercial sector. The Council
considers this allocation to be fair and
equitable to fishery participants in both
the commercial and recreational sectors,
and would be carried out in such a
manner that no particular individual,
corporation, or other entity would
acquire an excessive share. The Council
determined that this allocation is also
reasonably calculated to promote
conservation and is a wise use of the
resource, since it would remain within
the boundaries of a total ACL that is
based upon an ABC recommendation
from their SSC that incorporates best
scientific information available. The
Council acknowledged that the
commercial sector would benefit with
additional allocation, but that the
economic shifts were relatively minor.
The commercial ACLs would be
104,757 lb (47,517 kg) for 2023; 106,174
lb (48,160 kg) for 2024; 107,589 lb
(48,802 kg) for 2025; and 107,589 lb
(48,802 kg) for 2026 and subsequent
years.
The recreational ACLs would be 1,668
fish for 2023; 1,691 fish for 2024; 1,713
fish for 2025; and 1,713 fish for 2026
and subsequent years.
The commercial quota for snowy
grouper is equivalent to the commercial
ACL. Regulatory Amendment 27 to the
FMP established two commercial
fishing seasons for snowy grouper and
divided the commercial quota between
the seasons (85 FR 4588, January 27,
2020). The Council allocated 70 percent
of the commercial quota to Season 1
from January through June, and 30
percent of the quota to Season 2 from
July through December. Any remaining
commercial quota from Season 1 is
added to the commercial quota in
Season 2, but any remaining quota from
Season 2 is not be carried forward into
the next fishing year. Amendment 51
and this proposed rule would not alter
the current commercial fishing seasons
or seasonal allocations of the
commercial ACL.
Under Amendment 51, the
commercial quotas in 2023 for Season 1
would be 73,330 lb (33,262 kg) and for
Season 2 would be 31,427 lb (14,255
kg); in 2024, Season 1 would be 74,322
lb (33,712 kg) and Season 2 would be
31,852 lb (14,448 kg); in 2025, Season 1
would be 75,312 lb (34,161 kg) and
Season 2 would be 32,277 lb (14,641
kg); and for 2026 and subsequent years,
Season 1 would be 75,312 lb (34,161 kg)
and Season 2 would be 32,277 lb
(14,641 kg).
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Recreational Fishing Season
Recreational harvest of snowy grouper
is currently allowed from May 1 through
August 31 each year. This proposed rule
would revise the recreational fishing
season for snowy grouper where harvest
would be allowed only from May 1
through June 30. The recreational sector
would be closed annually from January
1 through April 30, and from July 1
through December 31. During the
proposed seasonal closures, the
recreational bag and possession limits
for snowy grouper would be zero.
Shortening the time recreational fishing
is allowed would help to reduce the risk
that recreational harvest would exceed
the proposed reduction to its sector
ACL, while still allowing for retention
of snowy grouper when recreational
fishermen target co-occurring species,
such as blueline tilefish, in some areas.
Recreational AMs
The current recreational AMs were
established through Amendment 34 to
the FMP (81 FR 3731, January 22, 2016).
The AMs for snowy grouper include an
in-season closure for the remainder of
the fishing year if recreational landings
reach or are projected to reach the
recreational ACL, regardless of whether
the stock is overfished. The AMs also
include a post-season adjustment if
recreational landings exceed the
recreational ACL, and then during the
following fishing year recreational
landings will be monitored for a
persistence in increased landings. If the
total ACL for snowy grouper is exceeded
and the stock is overfished, the length
of the recreational fishing season and
the recreational ACL are reduced by the
amount of the recreational ACL overage.
This proposed rule would revise the
recreational AMs for snowy grouper.
Given the proposed 2-month fishing
season, the current in-season closure
and stock status-based post-season AM
would be removed. The proposed
recreational AM would be a post-season
AM that would be triggered in the
following fishing year if the recreational
ACL was exceeded in the previous year.
If recreational landings exceed the
recreational ACL, NMFS would reduce
the length of the recreational fishing
season in the following year by the
amount necessary to prevent the
recreational ACL from being exceeded.
However, the length of the recreational
season would not be reduced if NMFS
determines, using the best scientific
information available, that a reduction
is not necessary.
The Council’s intent in revising the
recreational AM is to avoid an in-season
closure of the recreational sector and
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extend maximum fishing opportunities
to the sector during the proposed 2month recreational season. The
proposed rule would remove the current
potential duplicate AM application of a
reduction in the recreational season
length and a payback of the recreational
ACL overage if the total ACL was
exceeded. Under the proposed measure,
the AM trigger would not be tied to the
total ACL, but only to the recreational
ACL. The proposed modification would
ensure that an ACL overage in the
recreational sector does not in turn
affect the catch levels for the
commercial sector. Any reduced
recreational season length as a result of
the AM being implemented would
apply to the recreational fishing season
in the year following a recreational ACL
overage.
Management Measures in Amendment
51 That Would Not Be Codified by This
Proposed Rule
In addition to the measures within
this proposed rule, Amendment 51
would revise the overfishing limit (OFL)
for snowy grouper and set the ACL
equal to the ABC. The amendment
would also revise the OY and the sector
allocations.
OFL, ABC, and Annual OY
The current ABC for snowy grouper
was approved in Regulatory
Amendment 20, based upon a stock
assessment (SEDAR 36) and
recommendations from the Council’s
SSC.
Based on the SEDAR 36 Update, the
Council’s SSC recommended to the
Council new OFL and ABC levels, with
the ABC reduced from the OFL. The
assessment and associated OFL and
ABC recommendations for snowy
grouper incorporated the revised
estimates for recreational catch and
effort from the MRIP FES. The SSC
determined that the new OFL and ABC
recommendations within Amendment
51 also represent the best scientific
information available.
The Council chose to specify OY for
snowy grouper on an annual basis and
set it equal to the ABC and total ACL,
in accordance with the guidance
provided in the Magnuson-Stevens Act
National Standard 1 Guidelines at 50
CFR 600.310(f)(4)(iv).
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with Amendment 51, the FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable law, subject to
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further consideration after public
comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
An initial regulatory flexibility
analysis (IRFA) was prepared, as
required by section 603 of the
Regulatory Flexibility Act (RFA; 5
U.S.C. 603). The IRFA describes the
economic impact this proposed rule, if
adopted, would have on small entities.
A description of the action, why it is
being considered, and the legal basis for
this action are contained in the SUMMARY
and SUPPLEMENTARY INFORMATION
sections of the preamble. A summary of
the analysis follows. A copy of this
analysis is available from NMFS (see
ADDRESSES).
This proposed rule, if implemented,
would: (1) revise the snowy grouper
total ACL, (2) revise the snowy grouper
sector ACLs, (3) modify the snowy
grouper recreational season, and (4)
revise the recreational AMs for snowy
grouper. The proposed changes to the
ACL, as well as the sector allocations,
would apply to all federally-permitted
commercial vessels, federally-permitted
charter vessels and headboats (for-hire
vessels), and recreational anglers that
fish for or harvest snowy grouper in
Federal waters of the South Atlantic.
The proposed changes to the
recreational season and AMs would
only apply to federally permitted
owners and operators of for-hire vessels
and recreational anglers. This proposed
rule would not directly apply to
federally-permitted dealers. Any change
in the supply of snowy grouper
available for purchase by dealers as a
result of this proposed rule, and
associated economic effects, would be
an indirect effect of this rule and would
therefore fall outside the scope of the
RFA.
Although all components of this
proposed rule would apply to for-hire
vessels, they would not be expected to
have any direct effects on these entities.
For-hire vessels sell fishing services to
recreational anglers. The proposed
changes to the snowy grouper
management measures would not
directly alter the services sold by these
vessels. Any change in demand for these
fishing services, and associated
economic effects, as a result of this
proposed rule would be a consequence
of a change in anglers’ behavior,
secondary to any direct effect on anglers
and, therefore, an indirect effect of this
proposed rule. Based on the historicallyminimal level of charter-mode target
effort for snowy grouper in the South
Atlantic, NMFS does not expect any
change in for-hire trip demand to result
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from this proposed rule; however,
should it occur, the associated indirect
effects would fall outside the scope of
the RFA. For-hire captains and crew are
allowed to retain snowy grouper under
the recreational bag limit; however, they
cannot sell these fish. As such, for-hire
captains and crew are only affected as
recreational anglers. The RFA does not
consider recreational anglers to be
entities, so they are also outside the
scope of this analysis (5 U.S.C. 603).
Small entities include small businesses,
small organizations, and small
governmental jurisdictions (5 U.S.C.
601(6) and 601(3)–(5)). Recreational
anglers are not businesses,
organizations, or governmental
jurisdictions. In summary, only the
impacts on commercial vessels will be
discussed.
As of August 26, 2021, there were 579
valid or renewable South Atlantic
snapper-grouper unlimited permits and
112 valid or renewable 225-lb (102-kg)
trip-limited snapper-grouper permits.
On average from 2015 through 2019,
there were 161 federally-permitted
commercial vessels with reported
landings of snowy grouper in the South
Atlantic. For the 161 commercially
permitted vessels, the average annual
vessel-level gross revenue from all
species for 2015 through 2019 was
$82,475 (2021 dollars) and snowy
grouper accounted for approximately
6.1 percent of this revenue. For
commercial vessels that harvest snowy
grouper in the South Atlantic, NMFS
estimates that economic profits are
$3,299 (2021 dollars) or approximately
4 percent of annual gross revenue, on
average. The maximum annual revenue
from all species reported by a single one
of the vessels that harvested snowy
grouper from 2015 through 2019 was
$638,709 (2021 dollars).
For RFA purposes only, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily engaged in
commercial fishing (North American
Industry Classification System code
11411) is classified as a small business
if it is independently owned and
operated, is not dominant in its field of
operation (including its affiliates), and
has combined annual receipts not in
excess of $11 million for all its affiliated
operations worldwide. All of the
commercial fishing businesses directly
regulated by this proposed rule are
believed to be small entities based on
the NMFS size standard. No other small
entities that would be directly affected
by this proposed rule have been
identified.
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34463
This proposed rule would revise the
total ACL for snowy grouper, based on
the most recent recommendation from
the Council’s SSC in response to the
SEDAR 36 Update. This catch limit
would reflect a shift in recreational
reporting units from the MRIP CHTS to
the MRIP FES. The total ACL would be
set equal to the ABC or 119,654 lb
(54,274 kg) in 2023, 121,272 lb (55,008
kg) in 2024, and 122,889 lb (55,742 kg)
in 2025 and subsequent years. Based on
the current sector allocation
percentages, the proposed changes to
the catch limits would represent a
decrease in the current commercial ACL
for snowy grouper of 54,622 lb (24,776
kg) in 2023, 53,279 lb (24,167 kg) in
2024, and 51,937 lb (23,558 kg) in 2025
and subsequent years. However, as
discussed below, this proposed rule
would also modify the percentage of the
total ACL that is allocated to the
commercial sector and therefore
economic effects to small entities are
quantified as part of that discussion.
Amendment 51 would increase the
commercial sector allocation from 83
percent of the total snowy grouper ACL
to 87.55 percent. This, in conjunction
with the proposed changes to the total
ACLs, would result in a commercial
ACL for snowy grouper of 104,757 lb
(47,517 kg) in 2023 (73,330 lb [33,262
kg] in Season 1 and 31,427 lb [14,255
kg] in Season 2); 106,174 lb (48,160 kg)
in 2024 (74,322 lb [33,712 kg] in Season
1 and 31,852 lb [14,448 kg] in Season 2);
and 107,589 lb (48,802 kg) in 2025 and
subsequent years (75,312 lb [34,161 kg]
in Season 1 and 32,277 lb [14,641 kg] in
Season 2). Relative to the status quo
commercial ACL of 153,935 lb (69,824
kg), this would be a decrease of 49,178
lb (22,307 kg) in 2023; 47,761 lb (21,664
kg) in 2024; and 46,346 lb (21,022 kg)
in 2025 and subsequent years. These
decreases in the commercial ACL would
be expected to result in corresponding
decreases in aggregate ex-vessel revenue
of $284,249 (2021 dollars) in 2023,
$276,059 in 2024, and $267,880 in 2025
and subsequent years. Divided by the
average number of vessels with reported
landings of snowy grouper from 2015
through 2019, this translates to an
annual loss in ex-vessel revenue that
ranges from $1,664 (2021 dollars) to
$1,766 per vessel, which is
approximately 2 percent of average
annual per vessel gross revenue. It is
noted that snowy grouper makes up a
relatively small portion of annual gross
revenue for vessels that land the species
(6.1 percent), and on trips where snowy
grouper are harvested, it comprises less
than a quarter of trip revenue, on
average (2015 to 2019). Therefore,
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NMFS assumes snowy grouper is
harvested as a secondary, if not
incidental, species on trips targeting
other species and that the proposed rule
would not materially affect fishing
behavior, effort, or operating costs. As a
result, the estimated reduction in
annual ex-vessel revenue due to less
snowy grouper available for harvest is
assumed to be a straight loss in annual
economic profits of $1,664 (2021
dollars) to $1,766 per vessel
(approximately 50 percent to 54 percent
of average annual economic profits).
Individual fishing businesses, however,
may experience varying levels of
economic effects, depending on their
fishing practices, operating
characteristics, and profit maximization
strategies.
The following discussion describes
the alternatives that were not selected as
preferred by the Council.
Three alternatives were considered for
the proposed action to set the ABC, total
ACL, and annual OY equal to 119,654
lb (54,274 kg) in 2023, 121,272 lb
(55,008 kg) in 2024, and 122,889 lb
(55,742 kg) in 2025 and subsequent
years. The first alternative to the
proposed action, the no action
alternative, would maintain the current
ABC, ACL, and annual OY of 185,464 lb
(84,125 kg). Therefore, it would not be
expected to change fishing practices or
commercial harvests of snowy grouper,
nor would it be expected to result in
economic effects. This alternative was
not selected by the Council because it
would not end overfishing and it would
be inconsistent with the SSC’s latest
catch limit recommendations and the
transition to MRIP FES, and therefore,
would not be based on the best
scientific information available.
The second alternative would set the
ACL and annual OY for snowy grouper
equal to 95 percent of the most recent
ABC recommendation from the SSC.
Under the second alternative, both the
ACL and annual OY would be set to
113,671 lb (51,560 kg) in 2023, 115,208
lb (52,257 kg) in 2024, and 116,745 lb
(52,955 kg) in 2025 and subsequent
years. Relative to the proposed total
ACLs and assuming no change to the
current sector allocations, this
alternative would reduce the
commercial ACL and annual OY by an
additional 5,983 lb (2,714 kg) in 2023,
6,064 lb (2,751 kg) in 2024, and 6,144
lb (2,787 kg) in 2025 and subsequent
years. These further reductions in the
ACL would result in an estimated
annual reduction in ex-vessel revenue
and economic profits that is $34,582
(2021 dollars) to $35,512 ($215 to $221
per vessel) greater than what is expected
under the proposed action. The Council
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did not select the second alternative
because they felt it would be less
effective at achieving the objectives of
the FMP and that the current monitoring
mechanisms in the South Atlantic,
coupled with the existing and proposed
management measures, would be
sufficient at preventing overages, thus
not requiring a buffer between the ABC
and ACL.
The third alternative would set the
ACL and annual OY for snowy grouper
equal to 90 percent of the most recent
ABC recommendation from the SSC.
Under the third alternative, both the
ACL and annual OY would be set to
107,689 lb (48,847 kg) in 2023, 109,145
lb (49,507 kg) 2024, and 110,600 lb
(50,167 kg) in 2025 and subsequent
years. Relative to the proposed total
ACLs and assuming no change to the
current sector allocations, this
alternative would reduce the
commercial ACL and annual OY by an
additional 11,965 lb (5,427 kg) in 2023,
12,127 lb (5,501 kg) in 2024, and 12,289
lb (5,574 kg) in 2025 and subsequent
years. These further reductions in the
ACL would result in an estimated
annual reduction in ex-vessel revenue
and economic profits that is $69,158
(2021 dollars) to $71,030 ($430 to $441
per vessel) greater than what is expected
under the proposed action. The Council
did not select the third alternative
because they felt it would be less
effective at achieving the objectives of
the FMP and that the current monitoring
mechanisms in the South Atlantic,
coupled with the existing and proposed
management measures, would be
sufficient at preventing overages, thus
not requiring a buffer between the ABC
and ACL.
Two alternatives were considered for
the proposed action to revise sector
allocations and ACLs for snowy
grouper. The first alternative to the
proposed action, the no action
alternative, would retain the current
commercial sector and recreational
sector allocations as 83 percent and 17
percent, respectively, of the revised total
ACL for snowy grouper. Based on the
proposed total ACL schedule of 119,654
lb (54,274 kg) in 2023, 121,272 lb
(55,008 kg) 2024, and 122,889 lb (55,742
kg) in 2025 and subsequent years, this
alternative would result in a commercial
ACL of 99,313 lb (45,048 kg) in 2023,
100,656 lb (45,657 kg) in 2024, and
101,998 lb (46,266 kg) in 2025 and
subsequent years. Compared to the
proposed commercial sector allocation
of 87.55 percent, this alternative would
result in a commercial ACL that is 5,444
lb (2,469 kg) lower in 2023, 5,518 lb
(2,503 kg) lower in 2024, and 5,591 lb
(2,536 kg) lower in 2025 and subsequent
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Fmt 4702
Sfmt 4702
years. This would translate to an
additional aggregate annual loss in exvessel revenue and economic profits of
$31,466 (2021 dollars) to $32,316 ($195
to $201 per vessel) relative to the
proposed action. The Council did not
select the first alternative because the
status quo sector allocation percentages
are based on average landings from 1986
through 2005 in MRIP CHTS units and
therefore do not reflect the intent or
results of the original allocation formula
when applied to the proposed ACL
based on MRIP FES units. The terms
‘‘MRIP CHTS units’’ and ‘‘MRIP FES
units’’ signify landings data that are in
different scales and are not directly
comparable.
The second alternative would allocate
73.36 percent of the revised total ACL
for snowy grouper to the commercial
sector and 26.64 percent of it to the
recreational sector. Based on the
proposed total ACL schedule, this
alternative would result in a commercial
ACL of 87,778 lb (39,815 kg) in 2023,
88,965 lb (40,354 kg) in 2024, and
90,151 lb (40,892 kg) in 2025 and
subsequent years. Compared to the
proposed commercial sector allocation
of 87.55 percent, this alternative would
result in a commercial ACL that is
16,979 lb (7,702 kg) lower in 2023,
17,209 lb (7,806 kg) lower in 2024, and
17,438 lb (7,910 kg) lower in 2025 and
subsequent years. This would translate
to an additional aggregate annual loss in
ex-vessel revenue and economic profits
of $98,139 (2021 dollars) to $100,792
($610 to $626 per vessel) relative to the
proposed action. The Council did not
select the second alternative because
they felt that the method used to
determine the current allocations
(average landings from 1986–2005) was
more appropriate than the allocations
formula adopted through the 2012
Comprehensive ACL Amendment to the
FMP for unassessed species (77 FR
15916, March 16, 2012). They also felt
that the second alternative would be
less effective at achieving the objectives
of the FMP and satisfying the needs of
the commercial sector, in particular.
No duplicative, overlapping, or
conflicting Federal rules have been
identified. In addition, no new
reporting, record-keeping, or other
compliance requirements are introduced
by this proposed rule. This proposed
rule contains no information collection
requirements under the Paperwork
Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing,
Recreational, Snowy grouper, South
Atlantic.
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Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules
Dated: May 23, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS proposes to amend 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 § 622.183, revise paragraph (b)(8)
to read as follows:
■
§ 622.183
Area and seasonal closures.
*
*
*
*
*
(b) * * *
(8) Snowy grouper recreational sector
closure. The recreational sector for
snowy grouper in the South Atlantic
EEZ is closed each year from January 1
through April 30, and July 1 through
December 31. During a recreational
closure, the bag and possession limits
for snowy grouper harvested in or from
the South Atlantic EEZ are zero.
*
*
*
*
*
■ 3. In § 622.190, revise paragraphs
(a)(1)(i) and (ii) to read as follows:
§ 622.190
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*
Quotas.
*
*
(a) * * *
(1) * * *
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*
*
16:33 May 26, 2023
Jkt 259001
(i) From January 1 through June 30
each year.
(A) 2023—73,330 lb (33,262 kg).
(B) 2024—74,322 lb (33,712 kg).
(C) 2025 and subsequent fishing
years—75,312 lb (34,161 kg).
(ii) From July 1 through December 31
each year.
(A) 2023—31,427 lb (14,255 kg).
(B) 2024—31,852 lb (14,448 kg).
(C) 2025 and subsequent fishing
years—32,277 lb (14,641 kg).
*
*
*
*
*
■ 4. In § 622.193, revise paragraph (b) to
read as follows:
§ 622.193 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(b) Snowy grouper—(1) Commercial
sector. (i) If commercial landings of
snowy grouper, as estimated by the
SRD, reach or are projected to reach the
commercial ACL that is equal to the
commercial quota specified in
§ 622.190(a)(1), the AA will file a
notification with the Office of the
Federal Register to close the commercial
sector for the remainder of the fishing
year. Applicable restrictions after a
commercial quota closure are specified
in § 622.190(c).
(ii) If commercial landings of snowy
grouper, as estimated by the SRD,
exceed the commercial ACL, and the
combined commercial and recreational
ACL specified in paragraph (b)(3) of this
section is exceeded, and snowy grouper
are overfished based on the most recent
Status of U.S. Fisheries Report to
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Fmt 4702
Sfmt 9990
34465
Congress, the AA will file a notification
with the Office of the Federal Register
to reduce the commercial ACL for that
following fishing year by the amount of
the commercial ACL overage in the
prior fishing year.
(2) Recreational sector. (i) The
recreational ACL for snowy grouper is
1,668 fish for 2023; 1,691 fish for 2024;
and 1,713 fish for 2025 and subsequent
fishing years.
(ii) If recreational landings for snowy
grouper exceed the recreational ACL
specified in paragraph (b)(2)(i) of this
section, then during the following
fishing year NMFS will reduce the
length of the recreational fishing season
by the amount necessary to prevent
recreational landings from exceeding
the recreational ACL in the following
fishing year. NMFS will use the best
scientific information available to
determine if reducing the length of the
recreational fishing season is necessary.
When the recreational sector for snowy
grouper is closed as a result of NMFS
reducing the length of the recreational
fishing season, the bag and possession
limits for snowy grouper harvested in or
from the South Atlantic EEZ are zero.
(3) Total ACL. The combined
commercial and recreational ACL for
snowy grouper in gutted weight is
119,654 lb (54,274 kg) for 2023; 121,272
lb (55,008 kg) for 2024; and 122,889 lb
(55,741 kg) for 2025 and subsequent
fishing years.
*
*
*
*
*
[FR Doc. 2023–11366 Filed 5–26–23; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 88, Number 103 (Tuesday, May 30, 2023)]
[Proposed Rules]
[Pages 34460-34465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11366]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230523-0137]
RIN 0648-BM03
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 51
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations to implement Amendment 51 to the
Fishery Management Plan for the Snapper-Grouper Fishery of the South
Atlantic Region (FMP), as prepared and submitted by the South Atlantic
Fishery Management Council (Council). For snowy grouper, this proposed
rule would revise the sector annual catch limits (ACLs), commercial
seasonal quotas, recreational fishing season, and recreational
accountability measures (AMs). In addition, Amendment 51 would revise
the acceptable biological catch (ABC), annual optimum yield (OY), and
sector allocations of the total ACL. The purpose of this proposed rule
and Amendment 51 is to end overfishing of snowy grouper, rebuild the
stock, and achieve OY while minimizing, to the extent practicable,
adverse social and economic effects.
DATES: Written comments must be received by June 29, 2023.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2023-0026,'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2023-0026'' in the Search
box. Click the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
Mail: Submit all written comments to Rick DeVictor, NMFS
Southeast Regional Office, 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), 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.
An electronic copy of Amendment 51, which includes a fishery impact
statement and a regulatory impact review, may be obtained from the
Southeast Regional Office website at https://www.fisheries.noaa.gov/node/151366.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, telephone: 727-824-
5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: The South Atlantic snapper-grouper fishery
includes snowy grouper and is managed under the FMP. The FMP was
prepared by the Council and is implemented by NMFS through regulations
at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
Background
The Magnuson-Stevens Act requires that NMFS and the regional
fishery management councils prevent overfishing and achieve, on a
continuing basis, the OY from federally managed fish stocks. These
mandates are intended to ensure that 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. To further this goal, the Magnuson-
Stevens Act requires fishery managers to minimize bycatch and
[[Page 34461]]
bycatch mortality to the extent practicable.
All weights described in this proposed rule are in gutted weight.
In 2004, a stock assessment for snowy grouper was completed through
the Southeast Data, Assessment, and Review (SEDAR) process (SEDAR 4),
and it was determined that the stock was subject to overfishing and
overfished. As a result of that stock status, Amendment 13C to the FMP
established management measures to end overfishing (71 FR 55096,
September 21, 2006) and Amendment 15A to the FMP established a
rebuilding plan for snowy grouper (73 FR 14942, March 20, 2008). The
rebuilding plan year started in 2006 with a target time to rebuild
snowy grouper of 34 years.
The snowy grouper stock was assessed again in 2013 through SEDAR 36
and was determined to not be undergoing overfishing, although the stock
was overfished but rebuilding. In response to the assessment and a
subsequent ABC recommendation by the Council's Scientific and
Statistical Committee (SSC), the Council and NMFS implemented
management actions through the final rule for Regulatory Amendment 20
to the FMP (80 FR 43033, July 21, 2015). Regulatory Amendment 20 and
its implementing final rule modified the ACL by setting it equal to the
ABC and OY, increased the commercial trip limit to 200 lb (91 kg), and
modified the recreational fishing season from the calendar year to May
through August.
The most recent SEDAR stock assessment for South Atlantic snowy
grouper (SEDAR 36 Update) was completed in 2021 and included data
through 2018. The assessment used revised estimates for recreational
catch from the Marine Recreational Information Program (MRIP) based on
the Fishing Effort Survey (FES). In 2018, the MRIP fully transitioned
its estimation of recreational effort to the mail-based FES. Previous
estimates of recreational catch for snowy grouper were made using
MRIP's Coastal Household Telephone Survey (CHTS) phone call-based
methodology. As explained in Amendment 51, total recreational fishing
effort estimates generated from the MRIP FES are different than those
from the MRIP CHTS and earlier survey methods. This difference in
estimates is because MRIP FES is designed to more accurately measure
fishing activity, not because there was a sudden change in fishing
effort. The MRIP FES is considered a more reliable estimate of
recreational effort by the Council's SSC, the Council, and NMFS, and
more robust compared to the MRIP CHTS method. The SSC reviewed the
SEDAR 36 Update and found that the assessment was conducted using the
best scientific information available, and was adequate for determining
stock status and supporting fishing level recommendations. The findings
of the assessment indicated that the South Atlantic snowy grouper stock
remains overfished and is undergoing overfishing.
Following a notification from NMFS to a fishery management council
that a stock is undergoing overfishing and is overfished, the Magnuson-
Stevens Act requires the fishery management council to develop an FMP
amendment with actions that immediately end overfishing and rebuild the
affected stock. In a letter dated June 10, 2021, NMFS notified the
Council that the snowy grouper stock is overfished and undergoing
overfishing but continues to rebuild, and the Council subsequently
developed Amendment 51 in response to the results of SEDAR 36 Update.
In addition to the proposed revisions to the sector ACLs and
seasonal commercial quotas, the Council determined that further
modifications to snowy grouper management measures are needed to help
constrain recreational harvest to the proposed fishing levels in
Amendment 51. The proposed rule would reduce the length of the
recreational fishing season and would also adjust the recreational AMs
to ensure they are effective at keeping recreational landings from
exceeding the proposed recreational ACL and correct for ACL overages if
they occur. The Council decided not to revise the current commercial
trip limit or AMs, finding that those measures sufficiently ensured
that the commercial harvest of snowy grouper is constrained to the ACL.
The Council determined that the actions in Amendment 51 would end
overfishing of South Atlantic snowy grouper, rebuild the stock, and
achieve OY while minimizing, to the extent practicable, adverse social
and economic effects.
Management Measures Contained in This Proposed Rule
This proposed rule would revise the total and sector ACLs, seasonal
commercial quotas, recreational fishing season, and the recreational
AMs for snowy grouper in the South Atlantic exclusive economic zone
(EEZ).
Total ACLs
As implemented through the final rule for Regulatory Amendment 20,
the current total ACL and annual OY for snowy grouper are equal to the
current ABC of 185,464 lb (84,125 kg). In Amendment 51, the Council
would revise the ABC, and set the ABC, ACL, and annual OY equal to each
other.
The proposed rule would revise the total ACL and annual OY equal to
the recommended ABC of 119,654 lb (54,274 kg) for 2023; 121,272 lb
(55,008 kg) for 2024; 122,889 lb (55,741 kg) for 2025; and 122,889 lb
(55,741 kg), for 2026 and subsequent fishing years.
Amendment 51 would set a total ACL for snowy grouper in 2023, 2024,
2025, and in 2026, with the 2026 ACL in place for the subsequent
fishing years. However, the ACL value for 2025 is identical to the ACL
value for 2026. While NMFS is listing the ACL value for 2025 and 2026
in the SUPPLEMENTARY INFORMATION section of this proposed rule, in the
proposed regulations section NMFS will state the total (and sector)
ACLs for snowy grouper in 2025 and subsequent fishing years without
repeating the same ACL value for 2026.
Sector Allocations and ACLs
The Council would revise the commercial and recreational
allocations of the total ACL for snowy grouper in Amendment 51. The
current sector ACLs for snowy grouper are based on the commercial and
recreational allocations of the total ACL at 83 percent and 17 percent,
respectively, that were revised in Regulatory Amendment 20. These
allocations were determined using average commercial and recreational
landings from 1986 to 2005, which included estimates of recreational
catch from the MRIP CHTS method.
In Amendment 51, the Council would determine allocations using the
average commercial and recreational landings from 1986 to 2005, but
include the estimates of recreational catch during those years using
the MRIP FES method from the SEDAR 36 Update. The Council would specify
new commercial and recreational allocations of 87.55 percent and 12.45
percent, respectively, which results in a shift of allocation of 4.55
percent from the recreational sector to the commercial sector. The
Council reasoned that using average landings from 1986 to 2005 was more
appropriate because it would exclude the more recent years that had
depth and area closures that may have affected the allocation
calculations, and would strike the most appropriate balance between the
needs of both sectors. The Council acknowledged that because the snowy
grouper portion of the snapper-grouper fishery operates primarily in
deeper water and is therefore more difficult to access for recreational
[[Page 34462]]
fishermen, when compared to snapper-grouper species in shallower water
and closer to shore, the allocations between sectors have historically
and consistently been much higher for the commercial sector. The
Council considers this allocation to be fair and equitable to fishery
participants in both the commercial and recreational sectors, and would
be carried out in such a manner that no particular individual,
corporation, or other entity would acquire an excessive share. The
Council determined that this allocation is also reasonably calculated
to promote conservation and is a wise use of the resource, since it
would remain within the boundaries of a total ACL that is based upon an
ABC recommendation from their SSC that incorporates best scientific
information available. The Council acknowledged that the commercial
sector would benefit with additional allocation, but that the economic
shifts were relatively minor.
The commercial ACLs would be 104,757 lb (47,517 kg) for 2023;
106,174 lb (48,160 kg) for 2024; 107,589 lb (48,802 kg) for 2025; and
107,589 lb (48,802 kg) for 2026 and subsequent years.
The recreational ACLs would be 1,668 fish for 2023; 1,691 fish for
2024; 1,713 fish for 2025; and 1,713 fish for 2026 and subsequent
years.
The commercial quota for snowy grouper is equivalent to the
commercial ACL. Regulatory Amendment 27 to the FMP established two
commercial fishing seasons for snowy grouper and divided the commercial
quota between the seasons (85 FR 4588, January 27, 2020). The Council
allocated 70 percent of the commercial quota to Season 1 from January
through June, and 30 percent of the quota to Season 2 from July through
December. Any remaining commercial quota from Season 1 is added to the
commercial quota in Season 2, but any remaining quota from Season 2 is
not be carried forward into the next fishing year. Amendment 51 and
this proposed rule would not alter the current commercial fishing
seasons or seasonal allocations of the commercial ACL.
Under Amendment 51, the commercial quotas in 2023 for Season 1
would be 73,330 lb (33,262 kg) and for Season 2 would be 31,427 lb
(14,255 kg); in 2024, Season 1 would be 74,322 lb (33,712 kg) and
Season 2 would be 31,852 lb (14,448 kg); in 2025, Season 1 would be
75,312 lb (34,161 kg) and Season 2 would be 32,277 lb (14,641 kg); and
for 2026 and subsequent years, Season 1 would be 75,312 lb (34,161 kg)
and Season 2 would be 32,277 lb (14,641 kg).
Recreational Fishing Season
Recreational harvest of snowy grouper is currently allowed from May
1 through August 31 each year. This proposed rule would revise the
recreational fishing season for snowy grouper where harvest would be
allowed only from May 1 through June 30. The recreational sector would
be closed annually from January 1 through April 30, and from July 1
through December 31. During the proposed seasonal closures, the
recreational bag and possession limits for snowy grouper would be zero.
Shortening the time recreational fishing is allowed would help to
reduce the risk that recreational harvest would exceed the proposed
reduction to its sector ACL, while still allowing for retention of
snowy grouper when recreational fishermen target co-occurring species,
such as blueline tilefish, in some areas.
Recreational AMs
The current recreational AMs were established through Amendment 34
to the FMP (81 FR 3731, January 22, 2016). The AMs for snowy grouper
include an in-season closure for the remainder of the fishing year if
recreational landings reach or are projected to reach the recreational
ACL, regardless of whether the stock is overfished. The AMs also
include a post-season adjustment if recreational landings exceed the
recreational ACL, and then during the following fishing year
recreational landings will be monitored for a persistence in increased
landings. If the total ACL for snowy grouper is exceeded and the stock
is overfished, the length of the recreational fishing season and the
recreational ACL are reduced by the amount of the recreational ACL
overage.
This proposed rule would revise the recreational AMs for snowy
grouper. Given the proposed 2-month fishing season, the current in-
season closure and stock status-based post-season AM would be removed.
The proposed recreational AM would be a post-season AM that would be
triggered in the following fishing year if the recreational ACL was
exceeded in the previous year. If recreational landings exceed the
recreational ACL, NMFS would reduce the length of the recreational
fishing season in the following year by the amount necessary to prevent
the recreational ACL from being exceeded. However, the length of the
recreational season would not be reduced if NMFS determines, using the
best scientific information available, that a reduction is not
necessary.
The Council's intent in revising the recreational AM is to avoid an
in-season closure of the recreational sector and extend maximum fishing
opportunities to the sector during the proposed 2-month recreational
season. The proposed rule would remove the current potential duplicate
AM application of a reduction in the recreational season length and a
payback of the recreational ACL overage if the total ACL was exceeded.
Under the proposed measure, the AM trigger would not be tied to the
total ACL, but only to the recreational ACL. The proposed modification
would ensure that an ACL overage in the recreational sector does not in
turn affect the catch levels for the commercial sector. Any reduced
recreational season length as a result of the AM being implemented
would apply to the recreational fishing season in the year following a
recreational ACL overage.
Management Measures in Amendment 51 That Would Not Be Codified by This
Proposed Rule
In addition to the measures within this proposed rule, Amendment 51
would revise the overfishing limit (OFL) for snowy grouper and set the
ACL equal to the ABC. The amendment would also revise the OY and the
sector allocations.
OFL, ABC, and Annual OY
The current ABC for snowy grouper was approved in Regulatory
Amendment 20, based upon a stock assessment (SEDAR 36) and
recommendations from the Council's SSC.
Based on the SEDAR 36 Update, the Council's SSC recommended to the
Council new OFL and ABC levels, with the ABC reduced from the OFL. The
assessment and associated OFL and ABC recommendations for snowy grouper
incorporated the revised estimates for recreational catch and effort
from the MRIP FES. The SSC determined that the new OFL and ABC
recommendations within Amendment 51 also represent the best scientific
information available.
The Council chose to specify OY for snowy grouper on an annual
basis and set it equal to the ABC and total ACL, in accordance with the
guidance provided in the Magnuson-Stevens Act National Standard 1
Guidelines at 50 CFR 600.310(f)(4)(iv).
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with Amendment 51, the FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to
[[Page 34463]]
further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act (RFA; 5
U.S.C. 603). The IRFA describes the economic impact this proposed rule,
if adopted, would have on small entities. A description of the action,
why it is being considered, and the legal basis for this action are
contained in the SUMMARY and SUPPLEMENTARY INFORMATION sections of the
preamble. A summary of the analysis follows. A copy of this analysis is
available from NMFS (see ADDRESSES).
This proposed rule, if implemented, would: (1) revise the snowy
grouper total ACL, (2) revise the snowy grouper sector ACLs, (3) modify
the snowy grouper recreational season, and (4) revise the recreational
AMs for snowy grouper. The proposed changes to the ACL, as well as the
sector allocations, would apply to all federally-permitted commercial
vessels, federally-permitted charter vessels and headboats (for-hire
vessels), and recreational anglers that fish for or harvest snowy
grouper in Federal waters of the South Atlantic. The proposed changes
to the recreational season and AMs would only apply to federally
permitted owners and operators of for-hire vessels and recreational
anglers. This proposed rule would not directly apply to federally-
permitted dealers. Any change in the supply of snowy grouper available
for purchase by dealers as a result of this proposed rule, and
associated economic effects, would be an indirect effect of this rule
and would therefore fall outside the scope of the RFA.
Although all components of this proposed rule would apply to for-
hire vessels, they would not be expected to have any direct effects on
these entities. For-hire vessels sell fishing services to recreational
anglers. The proposed changes to the snowy grouper management measures
would not directly alter the services sold by these vessels. Any change
in demand for these fishing services, and associated economic effects,
as a result of this proposed rule would be a consequence of a change in
anglers' behavior, secondary to any direct effect on anglers and,
therefore, an indirect effect of this proposed rule. Based on the
historically-minimal level of charter-mode target effort for snowy
grouper in the South Atlantic, NMFS does not expect any change in for-
hire trip demand to result from this proposed rule; however, should it
occur, the associated indirect effects would fall outside the scope of
the RFA. For-hire captains and crew are allowed to retain snowy grouper
under the recreational bag limit; however, they cannot sell these fish.
As such, for-hire captains and crew are only affected as recreational
anglers. The RFA does not consider recreational anglers to be entities,
so they are also outside the scope of this analysis (5 U.S.C. 603).
Small entities include small businesses, small organizations, and small
governmental jurisdictions (5 U.S.C. 601(6) and 601(3)-(5)).
Recreational anglers are not businesses, organizations, or governmental
jurisdictions. In summary, only the impacts on commercial vessels will
be discussed.
As of August 26, 2021, there were 579 valid or renewable South
Atlantic snapper-grouper unlimited permits and 112 valid or renewable
225-lb (102-kg) trip-limited snapper-grouper permits. On average from
2015 through 2019, there were 161 federally-permitted commercial
vessels with reported landings of snowy grouper in the South Atlantic.
For the 161 commercially permitted vessels, the average annual vessel-
level gross revenue from all species for 2015 through 2019 was $82,475
(2021 dollars) and snowy grouper accounted for approximately 6.1
percent of this revenue. For commercial vessels that harvest snowy
grouper in the South Atlantic, NMFS estimates that economic profits are
$3,299 (2021 dollars) or approximately 4 percent of annual gross
revenue, on average. The maximum annual revenue from all species
reported by a single one of the vessels that harvested snowy grouper
from 2015 through 2019 was $638,709 (2021 dollars).
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (North American Industry Classification
System code 11411) is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has combined annual receipts
not in excess of $11 million for all its affiliated operations
worldwide. All of the commercial fishing businesses directly regulated
by this proposed rule are believed to be small entities based on the
NMFS size standard. No other small entities that would be directly
affected by this proposed rule have been identified.
This proposed rule would revise the total ACL for snowy grouper,
based on the most recent recommendation from the Council's SSC in
response to the SEDAR 36 Update. This catch limit would reflect a shift
in recreational reporting units from the MRIP CHTS to the MRIP FES. The
total ACL would be set equal to the ABC or 119,654 lb (54,274 kg) in
2023, 121,272 lb (55,008 kg) in 2024, and 122,889 lb (55,742 kg) in
2025 and subsequent years. Based on the current sector allocation
percentages, the proposed changes to the catch limits would represent a
decrease in the current commercial ACL for snowy grouper of 54,622 lb
(24,776 kg) in 2023, 53,279 lb (24,167 kg) in 2024, and 51,937 lb
(23,558 kg) in 2025 and subsequent years. However, as discussed below,
this proposed rule would also modify the percentage of the total ACL
that is allocated to the commercial sector and therefore economic
effects to small entities are quantified as part of that discussion.
Amendment 51 would increase the commercial sector allocation from
83 percent of the total snowy grouper ACL to 87.55 percent. This, in
conjunction with the proposed changes to the total ACLs, would result
in a commercial ACL for snowy grouper of 104,757 lb (47,517 kg) in 2023
(73,330 lb [33,262 kg] in Season 1 and 31,427 lb [14,255 kg] in Season
2); 106,174 lb (48,160 kg) in 2024 (74,322 lb [33,712 kg] in Season 1
and 31,852 lb [14,448 kg] in Season 2); and 107,589 lb (48,802 kg) in
2025 and subsequent years (75,312 lb [34,161 kg] in Season 1 and 32,277
lb [14,641 kg] in Season 2). Relative to the status quo commercial ACL
of 153,935 lb (69,824 kg), this would be a decrease of 49,178 lb
(22,307 kg) in 2023; 47,761 lb (21,664 kg) in 2024; and 46,346 lb
(21,022 kg) in 2025 and subsequent years. These decreases in the
commercial ACL would be expected to result in corresponding decreases
in aggregate ex-vessel revenue of $284,249 (2021 dollars) in 2023,
$276,059 in 2024, and $267,880 in 2025 and subsequent years. Divided by
the average number of vessels with reported landings of snowy grouper
from 2015 through 2019, this translates to an annual loss in ex-vessel
revenue that ranges from $1,664 (2021 dollars) to $1,766 per vessel,
which is approximately 2 percent of average annual per vessel gross
revenue. It is noted that snowy grouper makes up a relatively small
portion of annual gross revenue for vessels that land the species (6.1
percent), and on trips where snowy grouper are harvested, it comprises
less than a quarter of trip revenue, on average (2015 to 2019).
Therefore,
[[Page 34464]]
NMFS assumes snowy grouper is harvested as a secondary, if not
incidental, species on trips targeting other species and that the
proposed rule would not materially affect fishing behavior, effort, or
operating costs. As a result, the estimated reduction in annual ex-
vessel revenue due to less snowy grouper available for harvest is
assumed to be a straight loss in annual economic profits of $1,664
(2021 dollars) to $1,766 per vessel (approximately 50 percent to 54
percent of average annual economic profits). Individual fishing
businesses, however, may experience varying levels of economic effects,
depending on their fishing practices, operating characteristics, and
profit maximization strategies.
The following discussion describes the alternatives that were not
selected as preferred by the Council.
Three alternatives were considered for the proposed action to set
the ABC, total ACL, and annual OY equal to 119,654 lb (54,274 kg) in
2023, 121,272 lb (55,008 kg) in 2024, and 122,889 lb (55,742 kg) in
2025 and subsequent years. The first alternative to the proposed
action, the no action alternative, would maintain the current ABC, ACL,
and annual OY of 185,464 lb (84,125 kg). Therefore, it would not be
expected to change fishing practices or commercial harvests of snowy
grouper, nor would it be expected to result in economic effects. This
alternative was not selected by the Council because it would not end
overfishing and it would be inconsistent with the SSC's latest catch
limit recommendations and the transition to MRIP FES, and therefore,
would not be based on the best scientific information available.
The second alternative would set the ACL and annual OY for snowy
grouper equal to 95 percent of the most recent ABC recommendation from
the SSC. Under the second alternative, both the ACL and annual OY would
be set to 113,671 lb (51,560 kg) in 2023, 115,208 lb (52,257 kg) in
2024, and 116,745 lb (52,955 kg) in 2025 and subsequent years. Relative
to the proposed total ACLs and assuming no change to the current sector
allocations, this alternative would reduce the commercial ACL and
annual OY by an additional 5,983 lb (2,714 kg) in 2023, 6,064 lb (2,751
kg) in 2024, and 6,144 lb (2,787 kg) in 2025 and subsequent years.
These further reductions in the ACL would result in an estimated annual
reduction in ex-vessel revenue and economic profits that is $34,582
(2021 dollars) to $35,512 ($215 to $221 per vessel) greater than what
is expected under the proposed action. The Council did not select the
second alternative because they felt it would be less effective at
achieving the objectives of the FMP and that the current monitoring
mechanisms in the South Atlantic, coupled with the existing and
proposed management measures, would be sufficient at preventing
overages, thus not requiring a buffer between the ABC and ACL.
The third alternative would set the ACL and annual OY for snowy
grouper equal to 90 percent of the most recent ABC recommendation from
the SSC. Under the third alternative, both the ACL and annual OY would
be set to 107,689 lb (48,847 kg) in 2023, 109,145 lb (49,507 kg) 2024,
and 110,600 lb (50,167 kg) in 2025 and subsequent years. Relative to
the proposed total ACLs and assuming no change to the current sector
allocations, this alternative would reduce the commercial ACL and
annual OY by an additional 11,965 lb (5,427 kg) in 2023, 12,127 lb
(5,501 kg) in 2024, and 12,289 lb (5,574 kg) in 2025 and subsequent
years. These further reductions in the ACL would result in an estimated
annual reduction in ex-vessel revenue and economic profits that is
$69,158 (2021 dollars) to $71,030 ($430 to $441 per vessel) greater
than what is expected under the proposed action. The Council did not
select the third alternative because they felt it would be less
effective at achieving the objectives of the FMP and that the current
monitoring mechanisms in the South Atlantic, coupled with the existing
and proposed management measures, would be sufficient at preventing
overages, thus not requiring a buffer between the ABC and ACL.
Two alternatives were considered for the proposed action to revise
sector allocations and ACLs for snowy grouper. The first alternative to
the proposed action, the no action alternative, would retain the
current commercial sector and recreational sector allocations as 83
percent and 17 percent, respectively, of the revised total ACL for
snowy grouper. Based on the proposed total ACL schedule of 119,654 lb
(54,274 kg) in 2023, 121,272 lb (55,008 kg) 2024, and 122,889 lb
(55,742 kg) in 2025 and subsequent years, this alternative would result
in a commercial ACL of 99,313 lb (45,048 kg) in 2023, 100,656 lb
(45,657 kg) in 2024, and 101,998 lb (46,266 kg) in 2025 and subsequent
years. Compared to the proposed commercial sector allocation of 87.55
percent, this alternative would result in a commercial ACL that is
5,444 lb (2,469 kg) lower in 2023, 5,518 lb (2,503 kg) lower in 2024,
and 5,591 lb (2,536 kg) lower in 2025 and subsequent years. This would
translate to an additional aggregate annual loss in ex-vessel revenue
and economic profits of $31,466 (2021 dollars) to $32,316 ($195 to $201
per vessel) relative to the proposed action. The Council did not select
the first alternative because the status quo sector allocation
percentages are based on average landings from 1986 through 2005 in
MRIP CHTS units and therefore do not reflect the intent or results of
the original allocation formula when applied to the proposed ACL based
on MRIP FES units. The terms ``MRIP CHTS units'' and ``MRIP FES units''
signify landings data that are in different scales and are not directly
comparable.
The second alternative would allocate 73.36 percent of the revised
total ACL for snowy grouper to the commercial sector and 26.64 percent
of it to the recreational sector. Based on the proposed total ACL
schedule, this alternative would result in a commercial ACL of 87,778
lb (39,815 kg) in 2023, 88,965 lb (40,354 kg) in 2024, and 90,151 lb
(40,892 kg) in 2025 and subsequent years. Compared to the proposed
commercial sector allocation of 87.55 percent, this alternative would
result in a commercial ACL that is 16,979 lb (7,702 kg) lower in 2023,
17,209 lb (7,806 kg) lower in 2024, and 17,438 lb (7,910 kg) lower in
2025 and subsequent years. This would translate to an additional
aggregate annual loss in ex-vessel revenue and economic profits of
$98,139 (2021 dollars) to $100,792 ($610 to $626 per vessel) relative
to the proposed action. The Council did not select the second
alternative because they felt that the method used to determine the
current allocations (average landings from 1986-2005) was more
appropriate than the allocations formula adopted through the 2012
Comprehensive ACL Amendment to the FMP for unassessed species (77 FR
15916, March 16, 2012). They also felt that the second alternative
would be less effective at achieving the objectives of the FMP and
satisfying the needs of the commercial sector, in particular.
No duplicative, overlapping, or conflicting Federal rules have been
identified. In addition, no new reporting, record-keeping, or other
compliance requirements are introduced by this proposed rule. This
proposed rule contains no information collection requirements under the
Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Recreational, Snowy grouper, South
Atlantic.
[[Page 34465]]
Dated: May 23, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 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. 622.183, revise paragraph (b)(8) to read as follows:
Sec. 622.183 Area and seasonal closures.
* * * * *
(b) * * *
(8) Snowy grouper recreational sector closure. The recreational
sector for snowy grouper in the South Atlantic EEZ is closed each year
from January 1 through April 30, and July 1 through December 31. During
a recreational closure, the bag and possession limits for snowy grouper
harvested in or from the South Atlantic EEZ are zero.
* * * * *
0
3. In Sec. 622.190, revise paragraphs (a)(1)(i) and (ii) to read as
follows:
Sec. 622.190 Quotas.
* * * * *
(a) * * *
(1) * * *
(i) From January 1 through June 30 each year.
(A) 2023--73,330 lb (33,262 kg).
(B) 2024--74,322 lb (33,712 kg).
(C) 2025 and subsequent fishing years--75,312 lb (34,161 kg).
(ii) From July 1 through December 31 each year.
(A) 2023--31,427 lb (14,255 kg).
(B) 2024--31,852 lb (14,448 kg).
(C) 2025 and subsequent fishing years--32,277 lb (14,641 kg).
* * * * *
0
4. In Sec. 622.193, revise paragraph (b) to read as follows:
Sec. 622.193 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(b) Snowy grouper--(1) Commercial sector. (i) If commercial
landings of snowy grouper, as estimated by the SRD, reach or are
projected to reach the commercial ACL that is equal to the commercial
quota specified in Sec. 622.190(a)(1), the AA will file a notification
with the Office of the Federal Register to close the commercial sector
for the remainder of the fishing year. Applicable restrictions after a
commercial quota closure are specified in Sec. 622.190(c).
(ii) If commercial landings of snowy grouper, as estimated by the
SRD, exceed the commercial ACL, and the combined commercial and
recreational ACL specified in paragraph (b)(3) of this section is
exceeded, and snowy grouper are overfished based on the most recent
Status of U.S. Fisheries Report to Congress, the AA will file a
notification with the Office of the Federal Register to reduce the
commercial ACL for that following fishing year by the amount of the
commercial ACL overage in the prior fishing year.
(2) Recreational sector. (i) The recreational ACL for snowy grouper
is 1,668 fish for 2023; 1,691 fish for 2024; and 1,713 fish for 2025
and subsequent fishing years.
(ii) If recreational landings for snowy grouper exceed the
recreational ACL specified in paragraph (b)(2)(i) of this section, then
during the following fishing year NMFS will reduce the length of the
recreational fishing season by the amount necessary to prevent
recreational landings from exceeding the recreational ACL in the
following fishing year. NMFS will use the best scientific information
available to determine if reducing the length of the recreational
fishing season is necessary. When the recreational sector for snowy
grouper is closed as a result of NMFS reducing the length of the
recreational fishing season, the bag and possession limits for snowy
grouper harvested in or from the South Atlantic EEZ are zero.
(3) Total ACL. The combined commercial and recreational ACL for
snowy grouper in gutted weight is 119,654 lb (54,274 kg) for 2023;
121,272 lb (55,008 kg) for 2024; and 122,889 lb (55,741 kg) for 2025
and subsequent fishing years.
* * * * *
[FR Doc. 2023-11366 Filed 5-26-23; 8:45 am]
BILLING CODE 3510-22-P
