Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 54, 39193-39201 [2023-12633]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Rules and Regulations]
[Pages 39193-39201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12633]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 230608-0145]
RIN 0648-BM00


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Amendment 54

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

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement management measures 
described in Amendment 54 to the Fishery Management Plan (FMP) for the 
Reef Fish Resources of the Gulf of Mexico (Gulf) (Amendment 54), as 
prepared by the Gulf of Mexico Fishery Management Council (Council). 
This final rule and Amendment 54 revise Gulf greater amberjack sector 
allocations and catch limits. The purposes of this final rule and 
Amendment 54 are to end overfishing of Gulf greater amberjack and to 
update catch limits to be consistent with the best scientific 
information available.

DATES: This final rule is effective July 17, 2023, except for the 
revisions for Sec. Sec.  622.39(a)(1)(v) and 622.41(a)(1)(iii), which 
are effective on June 15, 2023.

ADDRESSES: Electronic copies of Amendment 54, which includes an 
environmental assessment, a fishery impact statement, a Regulatory 
Flexibility Act (RFA) analysis, and a regulatory impact review, may be 
obtained from the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/amendment-54-modifications-greater-amberjack-catch-limits-sector-allocation-and-rebuilding.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, telephone: 727-824-
5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery, which includes greater amberjack, under the FMP. The 
Council prepared the FMP and NMFS implements the FMP through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
    On March 2, 2023, NMFS published a notice of availability for 
Amendment

[[Page 39194]]

54 and requested public comment (88 FR 13077). NMFS approved Amendment 
54 on May 26, 2023. On March 10, 2023, NMFS published a proposed rule 
for Amendment 54 and requested public comment (88 FR 14964). The 
proposed rule and Amendment 54 outline the rationale for the actions 
contained in this final rule. A summary of the management measures 
described in Amendment 54 and implemented by this final rule is 
described below.
    All weights in this final rule are in round weight unless otherwise 
noted.

Background

    Greater amberjack in the Gulf exclusive economic zone (EEZ) are 
managed as a single stock with commercial and recreational annual catch 
limits (ACLs) and annual catch targets (ACTs) (quotas). The allocation 
of the stock ACL between the commercial and recreational sectors is 27 
percent commercial and 73 percent recreational and was implemented 
through Amendment 30A to the FMP in 2008 (73 FR 38139, July 3, 2008). 
In Amendment 30A, the Council initially decided to establish sector 
allocations based on the long-term average landings from the 
recreational and commercial sectors from 1981 through 2004. However, 
during that amendment's development, the Council noted that the early 
years of the time series were primarily recreational landings (84 
percent of landings from 1981-1987) while the most recent years in the 
allocation time series (2001-2004) had increasing landings by the 
commercial sector (32 percent of landings from 2001-2004). Ultimately, 
the Council then agreed to an allocation that reassigned 2 percent of 
the commercial allocation to the recreational sector and established 
the current sector allocation.
    Greater amberjack has been under a rebuilding plan since 2003. This 
rebuilding plan was implemented with Secretarial Amendment 2 and was 
expected to rebuild the stock by 2010 (68 FR 39898, July 3, 2003). In 
2006, the Southeast Data, Assessment, and Review (SEDAR) 9 assessment 
showed that the greater amberjack stock was not recovering as 
previously projected. The stock continued to be overfished and was 
experiencing overfishing. The Council developed Amendment 30A to end 
overfishing and rebuild the stock by 2010, consistent with the time 
frame of the original rebuilding plan. In 2010, the SEDAR 9 Update was 
completed and indicated that the stock remained overfished and was 
continuing to experience overfishing. In response, the Council 
developed Amendment 35 to the FMP (77 FR 67574, December 13, 2012). The 
management measures implemented in Amendment 35 were expected to end 
overfishing; however, it could not be determined if the stock would 
meet its rebuilding schedule until a new benchmark assessment was 
completed. In 2014, the SEDAR 33 benchmark stock assessment was 
completed and showed that greater amberjack remained overfished, was 
experiencing overfishing as of 2012, and did not meet the rebuilding 
time established in Secretarial Amendment 2. In 2015, the Council 
developed a framework action that further reduced the sector ACLs and 
ACTs in an effort to end overfishing and rebuild the stock by the end 
of 2019 (80 FR 75432, December 2, 2015). In 2016, the SEDAR 33 Update 
assessment was completed and showed that greater amberjack was still 
overfished and undergoing overfishing as of 2015 and the stock would 
not be rebuilt by 2019 as previously projected. In 2017, NMFS notified 
the Council that the stock was not making adequate progress towards 
rebuilding and the Council developed a framework action to modify the 
rebuilding time and the catch levels. The framework action, which was 
implemented in 2018, reduced sector ACLs and ACTs in an effort to end 
overfishing and rebuild the stock by 2027 (82 FR 61485, December 28, 
2017).
    The SEDAR 70 assessment for Gulf greater amberjack was completed in 
November 2020, and indicated that the Gulf greater amberjack stock 
continued to be overfished and undergoing overfishing, but could 
rebuild by 2027 with reduced yields. NMFS informed the Council of these 
determinations in a letter dated April 7, 2021, and the Council began 
work on Amendment 54 to update the greater amberjack rebuilding plan.
    The SEDAR 70 assessment used updated recreational catch and effort 
data from the Marine Recreational Information Program (MRIP) Access 
Point Angler Intercept Survey (APAIS) and Fishing Effort Survey (FES). 
MRIP began incorporating a new survey design for APAIS in 2013 and 
replaced the Coastal Household Telephone Survey (CHTS) with FES in 
2018. Prior to the implementation of MRIP in 2008, recreational 
landings estimates were generated using the Marine Recreational 
Fisheries Statistics Survey (MRFSS). As explained in Amendment 54, 
total recreational fishing effort estimates generated from MRIP-FES are 
generally higher than both the MRFSS and MRIP-CHTS estimates. Although 
both MRIP-CHTS and MRIP-FES generate estimates measured in pounds of 
fish, these estimates are not directly comparable. To signify that the 
estimates use different scales, this rule uses the terms ``MRIP-CHTS 
units'' and ``MRIP-FES units'' to describe the recreational catch 
limits. To illustrate the difference in the survey estimates, the 
Southeast Fisheries Science Center (SEFSC) conducted an analysis to 
determine what the current greater amberjack stock ACL of 1,794,000 lb 
(813,745 kg) (MRIP-CHTS units) would be in MRIP-FES units. That 
analysis showed that greater amberjack stock ACL would be estimated at 
2,930,000 lb (1,329,026 kg) (MRIP-FES units). This difference in the 
stock ACL is because MRIP-FES is designed to more accurately measure 
fishing effort, not because there was a sudden increase in fishing 
effort.
    Based on the results of SEDAR 70, the Council's Scientific and 
Statistical Committee (SSC) recommended a decrease in the overfishing 
level (OFL) and acceptable biological catch (ABC) to end overfishing of 
greater amberjack and allow the stock to meet its current rebuilding 
time. Since these catch level recommendations assumed status quo sector 
allocations (27 percent commercial and 73 percent recreational), which 
were based in part on 1981-2004 landings estimates generated using data 
generated by MRFSS, the Council requested that the SEFSC provide 
alternative catch level projections based on sector allocation 
alternatives that used MRIP-FES data and several different time series: 
the same time series used in Amendment 30A (1981-2004); a time series 
that begins when commercial greater amberjack landings were identified 
by species and ends prior to the implementation of the current sector 
allocations, sector catch limits, and accountability measures (AMs) 
(1993-2007); and a time series that begins when commercial greater 
amberjack landings were identified by species and ends with the most 
recent data available at the time the alternatives were developed 
(1993-2019). The Council's SSC reviewed these alternative sector 
allocation analyses and affirmed its prior determination that SEDAR 70 
represented, and the projections produced by the assessment are, the 
best scientific information available.
    The commercial and recreational allocation percentages impact the 
catch level projections. As more of the stock ACL is allocated to the 
recreational sector, the proportion of recreational discards increases. 
The recreational discard mortality rate (10 percent) is assumed to be 
less than the commercial discard mortality rate (20 percent). However, 
the magnitude of recreational

[[Page 39195]]

discards is considerably greater than commercial discards because there 
are more recreational fishermen. Generally, a fish caught and released 
by a recreational fishermen has a greater likelihood of survival than a 
fish released by a commercial fishermen because of the differences in 
how and where the sectors fish. However, because of the greater numbers 
of greater amberjack that are released by the recreational sector 
versus the commercial sector, the total number of discards that die 
from the recreational fishing exceeds those attributed to commercial 
fishing. This results in additional mortality for the stock and a lower 
projected annual yield, which results in a reduced OFL, ABC, and stock 
ACL. However, this is not a result of any change in how the 
recreational sector prosecutes the fishery but occurs because MRIP-FES 
estimates higher levels of fishing effort, and consequently a greater 
number of fish being caught, which includes discards and the associated 
mortality of discarding fish.
    In Amendment 54, the Council recognized that maintaining the 
current sector allocation percentages would disproportionally impact on 
the recreational sector given the transition to MRIP-FES and that 
maintaining the current time series updated with MRIP-FES data would 
disproportionally impact the commercial sector by failing to account 
for the fact that commercial landings of greater amberjack prior to 
1993 may not have been properly identified. The Council decided to 
adjust the allocation in Amendment 54 using the 1993-2019 time series 
because this represents the longest time series during which commercial 
greater amberjack landings have been identified by species. This 
results in a shift of the commercial and recreational allocation from 
27 percent and 73 percent, respectively, to 20 percent and 80 percent, 
respectively.
    The catch levels recommended by the SSC would increase the 
allowable harvest each year through the end of the rebuilding plan in 
2027. However, the Council determined that because the greater 
amberjack stock has not rebuilt as expected under the current and 
previous rebuilding plans, a more cautious approach is necessary. 
Therefore, Amendment 54 and this proposed rule would adopt a constant 
catch strategy and modify the OFL and ABC to be 2,033,000 lb (922,153 
kg) and 505,000 lb (229,064 kg), respectively. The stock ACL would be 
equal to the ABC.

Management Measures Contained in This Final Rule

    This final rule revises the sector ACLs and ACTs for Gulf greater 
amberjack.

ACLs

    The current stock ACL for Gulf greater amberjack is equal to the 
ABC of 1,794,000 lb (813,745 kg), and the current sector ACLs for Gulf 
greater amberjack are 484,380 lb (219,711 kg) for the commercial sector 
and 1,309,620 lb (594,034 kg) for the recreational sector. These catch 
levels are based on the results of SEDAR 33 Update, which used data 
from MRIP-CHTS. As explained above, had the current stock ACL been 
derived using MRIP-FES data, it would have been 2,930,000 lb (1,329,026 
kg). Amendment 54 would reduce the stock ACL for Gulf greater amberjack 
to 505,000 lb (229,064 kg). Applying the allocation selected by the 
Council in Amendment 54 results in a revised commercial ACL of 101,000 
lb (45,813 kg) and a revised recreational ACL of 404,000 lb (183,251 
kg).

ACTs

    The Council applied its ACL/ACT Control Rule using landings data 
for 2013-2016 to set the current commercial and recreational sector 
buffers between the ACL and ACT. This results in reduction in the 
buffer between the commercial ACL and ACT from 13 percent to 7 percent. 
The buffer between the recreational ACL and ACT remains at 17 percent. 
Applying these buffers results in a revised commercial ACT of 93,930 lb 
(42,606 kg) and a revised recreational ACT of 335,320 lb (152,099 kg).

Management Measures in Amendment 54 Not Codified Through This Final 
Rule

OFL and ABC
    The current OFL and ABC for Gulf greater amberjack are 2,167,000 lb 
(982,935 kg) and 1,794,000 lb (813,745 kg), respectively, and are based 
on the Council's SSC's recommendations from the SEDAR 33 Update, which 
used recreational landings estimates from MRIP-CHTS. Amendment 54 uses 
a constant catch OFL and ABC based on SEDAR 70 and consistent with the 
SSC's recommendations. The revised OFL is 2,033,000 lb (922,153 kg) and 
the revised ABC is 505,000 lb (229,064 kg).
Sector Allocations
    The current sector allocation of the stock ACL (equal to the ABC) 
is 27 percent to the commercial sector and 73 percent to the 
recreational sector. Amendment 54 revises the Gulf greater amberjack 
allocation between the commercial and recreational sectors by using the 
average landings from 1993-2019 using MRIP-FES landings for this time 
series. This results in a new allocation of the Gulf greater amberjack 
stock ACL of 20 percent for the commercial sector and 80 percent for 
the recreational sector.

Comments and Reponses

    NMFS received 6 comments on the notice of availability for 
Amendment 54 and 13 comments on the proposed rule. In general, the 
comments supported the proposed measures to end overfishing and meet 
the rebuilding timeline for Gulf greater amberjack. However, some 
comments expressed concern about the change to MRIP-FES units and the 
increased percentage of the total ACL allocated to the recreational 
sector under the reduced catch limits. One comment stated that the 
Council is unconstitutional. Other comments stated the stock is fine 
and no catch limit reductions are needed. Some comments suggested 
changes to management measures that are outside the scope of the 
Amendment 54 and the proposed rule, such as modifying the recreational 
bag limit, implementing a recreational vessel limit, modifying the 
commercial size limit, or modifying fixed closed seasons; these 
comments are not addressed further.
    No changes were made to this final rule as a result of public 
comment.
    Specific comments related to Amendment 54 and the proposed rule are 
grouped by topic and summarized below, followed by NMFS' respective 
responses.
    Comment 1: The Council did not follow its Allocation Review Policy, 
which states that ``prior to each allocation review, the Council will 
determine the suite of ecological, biological, economic, and social 
factors consistent with the NMFS Allocation Review Policy to be 
included in the review.'' Instead the Council only reviewed a 
presentation that identified where in Amendment 54 an allocation review 
took place.
    Response: The Council did not follow its Allocation Review 
Guidelines in developing Amendment 54 because those guidelines were not 
applicable in this situation. As explained in the Allocation Review 
Guidelines, ``[i]n some instances, e.g., following a stock assessment, 
the Council may elect to skip a formal allocation review and directly 
proceed with the development of an FMP amendment. In these cases, these 
guidelines would not apply.'' That is what occurred with Amendment 54, 
which was developed in response to the

[[Page 39196]]

most recent stock assessment (SEDAR 70) that indicated that the greater 
amberjack stock was not making adequate progress towards rebuilding. 
Because that stock assessment also incorporated the updated MRIP-FES 
recreational landings estimates, the Council also used Amendment 54 to 
review the sector allocations to determine whether an adjustment to the 
allocation was appropriate.
    Comment 2: Amendment 54 is inconsistent with section 303(a)(15) of 
the Magnuson-Stevens Act because the OFL and ACLs include only landed 
fish, not both landed and discarded fish as required by the National 
Standard (NS) 1 (NS 1) Guidelines.
    Response: Section 303(a)(15) of the Magnuson-Stevens Act requires 
the FMP to include ACLs, at a level such that overfishing does not a 
occur, and AMs. The NS 1 Guidelines define catch as including both 
landed fish and dead discards (50 CFR 600.310(f)(3)(i)). However, the 
NS 1 Guidelines also state that the ABC, on which the ACLs are based, 
may be expressed in terms of landings as long as estimates of bycatch 
and any other fishing mortality not accounted for in the landings are 
incorporated into the determination of ABC. The OFL, ABC, and ACLs 
specified in Amendment 54 are derived from SEDAR 70, which accounts for 
dead discards (see Sections 2.3.2 and 3.1 at https://sedarweb.org/documents/sedar-70-gulf-of-mexico-greater-amberjack-final-stock-assessment-report/).
    Comment 3: The allocation adopted by the Council in Amendment 54 
increases the risk of overfishing because of the high level of dead 
discards from the recreational sector.
    Response: The allocation adopted by the Council in Amendment 54 
does not increase the risk of overfishing. The OFLs and ABCs 
recommended the SSC were derived from SEDAR 70, which accounts for dead 
discards by both sectors, and the risk of overfishing to the stock is 
the same under all of the allocation alternatives considered by the 
Council. The alternative OFLs (shown in the Action 1 Tables in 
Amendment 54 (pages 13-15)) are based on a 0.5 probability of 
overfishing (P*). A P* of 0.5 means that there is a 50 percent chance 
of overfishing at that level of harvest. The alternative ABCs in 
Amendment 54 are substantially below the OFL alternatives and 
correspond to a 50 percent chance of rebuilding by 2027. Further, while 
the total ACL is set equal to the ABC, there is a buffer between each 
sector's respective ACL and ACT.
    Comment 4: It is arbitrary to automatically reallocate from the 
commercial sector to the recreational sector based on the revised MRIP-
FES landing estimates. In addition, the adjusted historical 
recreational landings estimates are uncertain and reservations about 
the data should be resolved before they are used for allocation 
decisions.
    Response: The inclusion of the MRIP-FES landings estimates in SEDAR 
70 did not result in an automatic sector reallocation. However, this 
change in the recreational landings estimates did prompt the Council to 
review the current commercial and recreational allocation to determine 
whether it was still appropriate. The Council conducted this review in 
Amendment 54 and considered four allocation alternatives: maintaining 
the current percentages; maintaining the time series used to set the 
current allocation (1981-2004) updated with MRIP-FES landings 
estimates; updating the time series to start when commercial greater 
amberjack landings began to be identified to species level and end when 
the current allocation was implemented (1993-2007); and updating the 
time series to start when commercial greater amberjack landings began 
to be identified to species level and end with the most recent year of 
data available at the time Council work on this amendment began (1993-
2019). The Council determined, and NMFS agrees, that it is appropriate 
to update the sector allocations using the MRIP-FES adjusted data from 
1993-2019 because this represented the longest time series during which 
commercial greater amberjack landings have been identified to the 
species level.
    NS 2 requires that conservation and management measures be based 
upon the best scientific information available. NMFS has determined 
that Amendment 54 is consistent with NS 2 and that the MRIP-FES 
landings estimates represent the best scientific information available. 
This determination is supported by a February 2, 2023, memorandum from 
the SEFSC as well as the recommendations from the Council's SSC. The 
SEDAR 70 stock assessment incorporated landings data from the MRIP-FES 
survey, which is considered a better survey than the prior MRIP-CHTS 
survey (see https://www.fisheries.noaa.gov/recreational-fishing-data/effort-survey-improvements). In July 2020, the Council's SSC held a 
workshop on calibrating MRIP-FES and MRIP-CHTS (https://gulfcouncil.org/ssc/archive/; July 2020). The SSC examined the 
differences in methodology and outcomes between the fishing effort 
estimates produced by the different surveys. At that time, the SSC 
recommended that the Council wait for a stock assessment before 
adopting a different data unit for quota monitoring, which was done for 
the greater amberjack stock. As discussed in the Section 2.1 of 
Amendment 54 (page 15), the SSC accepted SEDAR 70 as the best 
scientific information available, specifically acknowledging that it 
utilizes MRIP-FES recreational landings estimates.
    Comment 5: Amendment 54 violates NS 4 because the revised sector 
allocation is not fair and equitable by forcing the commercial sector 
to subsidize dead discards in the recreational sector. The revised 
allocation also fails to promote conservation by allowing for an 
increase in recreational dead discards, reducing overall yield, and 
increasing the risk of overfishing.
    Response: National Standard 4 requires, in relevant part, that any 
allocation be fair and equitable, and reasonably calculated to promote 
conservation. NMFS has determined that Amendment 54 is consistent with 
NS 4. As explained in response to Comment 4, the Council considered 
four allocation alternatives and chose to update the allocation using 
the time series that uses the updated MRIP-FES recreational landings 
estimates, beginning when commercial greater amberjack landings began 
to be identified to species level and ending with the most recent year 
of data available at the time work on this amendment began (1993-2019). 
The Council determined, and NMFS agrees, that this results in an 
allocation that is fair and equitable because it accounts for both the 
transition to MRIP-FES and the fact that commercial landings of greater 
amberjack prior to 1993 may not have been properly identified to the 
species level.
    The commercial sector is not subsidizing dead discards from the 
recreational sector. Recreational fishing for greater amberjack (and 
many other reef fish species) typically involves higher levels of 
discards than for the commercial sector. The allocation implemented 
through this final rule does result in less total annual harvest by 
both sectors. However, the commercial and recreational sectors have 
different objectives, and operate differently to achieve those 
objectives. Participants in the commercial sector tend to seek to 
maximize harvest and efficiency while participants in the recreational 
sector tend to seek to maximize access and opportunities. These 
different goals and objectives impact fishing behavior, which

[[Page 39197]]

generally results in more discards by the recreational sector. The 
Council and NMFS must consider and account for these differences when 
determining whether an allocation fairly and equitably allocates 
fishing privileges and provides the greatest overall benefit to the 
Nation with respect to both food production and recreational 
opportunities. Further, the reduction that results from the shift in 
allocation is relatively minor. Using the new allocation results in an 
ABC/stock ACL of 505,000 lb (229,064 kg) while using the previous 
allocation would have resulted in an ABC/stock ACL of 521,000 lb 
(236,322 kg). The large reduction in the total allowable harvest in 
Amendment 54 is not a result of the shift in allocation but the result 
of SEDAR 70 and the determination that the stock is not making adequate 
progress towards rebuilding.
    With respect to promoting conservation, the NS 4 Guidelines state 
that a conservation and management measure ``may promote conservation 
(in the sense of wise use) by optimizing the yield in terms of size, 
value, market mix, price, or economic or social benefit of the 
product.'' The revised allocation promotes wise use by considering both 
the biological impacts to the greater amberjack stock, and the economic 
and social impacts to fishery participants. The allocation and 
associated catch limits are consistent with the result of SEDAR 70 and 
the SSC's recommendations, and are expected to allow the stock to 
rebuild by 2027. As explained previously, the revised allocation 
results in a relatively minor reduction of the total yield while 
maintaining the historical balance between recreational access and 
commercial harvest. And, as explained in response to Comment 3, the 
risk of overfishing is the same for all of the allocation alternatives. 
To further reduce the risk, the seasons for the commercial and 
recreational sectors are determined based on the ACT, which is reduced 
from each sector's ACL. For the recreational sector, the Council 
retained the buffer between the ACL and ACT of 17 percent to better 
account for the uncertainty in monitoring recreational landings. 
Further, if recreational landings exceed the recreational ACL, the 
recreational ACL and ACT are reduced the following year by the amount 
of the recreational ACL overage. The Council also selected a constant 
catch reduced catch limit to be more conservative and increase the 
chances of meeting rebuilding.
    With respect to dead discards, SEDAR 70 assumes that dead discards 
from the recreational sector increase as the allocation to that sector 
increases, but does not take into account that fishermen are able to 
specifically target greater amberjack and a catch and release fishery 
is already occurring in the recreational sector. Thus, discards are not 
expected to substantially increase, even under the reduced catch 
limits.
    Comment 6: Amendment 54 violates NS 9 because the revised 
allocation would increase bycatch and dead discards from the 
recreational sector.
    Response: NS 9 requires that conservation and management measures, 
``to the extent practicable: (1) minimize bycatch; and (2) to the 
extent bycatch cannot be avoided, minimize the mortality of such 
bycatch.'' Conservation and management measures must also be consistent 
with the other national standards. As the National Standard Guidelines 
explain, several factors should be considered when determining 
consistency with NS 9. These factors include population effects for the 
bycatch species; changes in the economic, social, or cultural value of 
fishing activities, and non-consumptive uses of fishery resources; 
changes in the distribution of benefits and costs; and social effects 
(50 CFR 600.305(d)(3)). As explained in response to Comment 3, the 
impacts to the greater amberjack stock are similar under all of the 
allocation alternatives considered by the Council because the 
alternative OFLs are based on a fixed level of fishing mortality. When 
the inputs into the stock assessment model include more recreational 
harvest than previously assumed, this leads to lower OFL and ABC 
estimates at equilibrium. Therefore, the new allocation allows for less 
total harvest than the current allocation. However, the difference 
between the reduced ABCs under all of the action alternatives is 
minimal, and a substantial reduction in the total ACL is required under 
any of the allocation alternatives. In addition, the new allocation 
addresses the updated recreational landings estimates using MRIP-FES 
and issues with commercial reporting prior to 1993, as well as to 
incorporate landings data from more recent years. Given the numerous 
factors that the Council must consider in selecting the appropriate 
allocation, Amendment 54 does minimize bycatch and bycatch mortality to 
the extent practicable.
    Comment 7: The greater amberjack stock seems healthy and, 
therefore, the actions in Amendment 54 are not needed.
    Response: The first stock assessment of greater amberjack was 
completed in 2000 and indicated that the stock was overfished and 
undergoing fishing. The greater amberjack stock was then put under a 
rebuilding plan with Secretarial Amendment 2 in 2003 and has been in 
one ever since. Since the initial stock assessment, several more 
assessments have shown that greater amberjack continues to undergo 
overfishing and is not rebuilding as projected. SEDAR 70 was completed 
in October 2020, and used a terminal year of 2018. SEDAR 70 updated 
recreational catch and effort data from MRIP-APAIS and CHTS to FES, 
which collectively estimated larger catch and effort data than 
previously calculated for the recreational sector. The assessment 
concluded that greater amberjack in the Gulf was overfished and 
experiencing overfishing and has been overfished and undergoing 
overfishing almost continuously since 1980. It also indicated that a 
significant reduction in harvest is necessary to rebuild by the stock 
by 2027, the rebuilding time established by the Council in 2017. For 
the purposes of OFL and ABC, these projections recommended by the SSC 
form the basis for the allocation alternatives in Amendment 54. 
Amendment 54 is based on the best scientific information available that 
was in place at the time of its development. The Council began work on 
this amendment in January 2021, and took final action to submit the 
amendment for review and implementation during its October 2022 
meeting.
    Comment 8: The reduction in the total ACL will have extreme adverse 
economic effects on the commercial sector and associated businesses. 
These adverse economic effects to the commercial sector and associated 
businesses will be amplified by the change in the sector allocation.
    Response: The economic analysis in Amendment 54 indicates that the 
reduction in the total ACL and change in the sector allocation will 
have adverse economic effects on the commercial sector. However, in 
combination with the action to reduce the buffer between the commercial 
ACL and ACT, the estimated reduction in economic profits to commercial 
harvesting businesses is only 1.6 percent because greater amberjack 
only accounts for about 1.7 percent of commercial fishing vessels' 
average annual revenue. Given that economic profits are approximately 
38 percent of these vessels' annual average gross revenue, this 
reduction would not be considered extreme. In comparison, the estimated 
reduction in economic profits to for-hire fishing businesses as a 
result of the actions in Amendment 54 is much larger at more than 13 
percent.

[[Page 39198]]

Further, the reduction to the commercial ACT as a result of the actions 
in Amendment 54 is expected to reduce the amount of greater amberjack 
available for purchase by dealers and other businesses up the seafood 
supply chain. However, greater amberjack only accounts for about 1 
percent of seafood purchases by dealers who buy greater amberjack. 
Therefore, the adverse economic effects to dealers and other businesses 
as a result of the reduction in the commercial ACT are expected to be 
relatively small.
    Comment 9: The Council process under the Magnuson-Stevens Act 
violates the Appointments, Executive Vesting, and Take Care clauses of 
the U.S. Constitution and, as a result, this rulemaking is legally 
invalid. Council members are not properly appointed to their positions 
as officers of the United States. Because they make policy decisions 
for Federal fisheries management in their region, Council members are 
`principal' or at minimum `inferior' Federal officers. But because they 
are improperly appointed, unsupervised, and immune from removal, they 
hold office unlawfully and lack the Federal authority to issue 
Amendment 54.
    Response: The commenters misunderstand the function and authority 
of the Council, which is neither an ``unaccountable'' or ``illegally 
constituted'' body. The Magnuson-Stevens Act establishes the Council 
structure in order for state officials, fishermen, scientists, and 
other stakeholders to provide important expert input on fishery 
management. But the Council acts as an advisory body only: authority to 
issue Federal regulations to implement fishery management measures that 
impact fishermen is vested solely in the Secretary of Commerce. This 
final rule implements Amendment 54, which NMFS, through delegation of 
authority from the Secretary, has approved as consistent with the 
Magnuson-Stevens Act and other applicable law. Under section 304 of the 
Magnuson-Stevens Act, NMFS, acting through delegated authority from the 
Secretary, retains significant discretion to reject Council 
recommendations, including the proposed regulations that the Council 
submitted to NMFS to implement Amendment 54.
    In addition, Federal courts have held that fishery management 
councils are not considered Federal agencies for the purposes of the 
Administrative Procedure Act and that Council members are not Federal 
``officers'' under the U.S. Constitution as suggested by the 
commenters. Council members do not occupy continuing positions or 
exercise significant authority. As simply stated by one court, fishery 
management councils have ``no authority to do anything'' because final 
decision-making power rests with the Secretary. In light of this lack 
of Federal agency status and decision making authority, the council 
members are not Federal officers and need not be appointed in a 
specific way to be consistent with the U.S. Constitution. The 
commenters' view that council members act as Federal officers is 
inaccurate; although council members are engaged in important work that 
helps manage regional fisheries, it is the Secretary who exercises the 
authority of the Magnuson-Stevens Act by promulgating the regulations 
that affect the commenters.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with Amendment 54, the FMP, other provisions of the 
Magnuson-Stevens Act, the U.S. Constitution, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866. The Magnuson-Stevens Act provides 
the legal basis for this final rule. No duplicative, overlapping, or 
conflicting Federal rules have been identified.
    A final regulatory flexibility analysis (FRFA) was prepared. The 
FRFA incorporates the initial regulatory flexibility analysis (IRFA), a 
summary of the significant issues raised by the public comments in 
response to the IRFA, NMFS' responses to those comments, and a summary 
of the analyses completed to support the action. NMFS' response to one 
public comment regarding the IRFA and the Executive Order 12866 
analysis is in this SUPPLEMENTARY INFORMATION section of the preamble 
(see Comment #8 in the Comments and Responses). A copy of the full 
analysis is available from NMFS (see ADDRESSES). A summary of the FRFA 
follows.
    The objectives of this final rule are to end overfishing and 
rebuild the greater amberjack stock as required by the Magnuson-Stevens 
Act, and update existing greater amberjack catch limits and allocations 
to be consistent with the best scientific information available, FMP 
objectives, and contemporary data collection methods. All monetary 
estimates in the following analysis are in 2020 dollars.
    This final rule revises the sector allocations of the total ACL for 
Gulf greater amberjack from 73 percent for the recreational sector and 
27 percent for the commercial sector to 80 percent for the recreational 
sector and 20 percent for the commercial sector. The current OFL, ABC, 
and total ACL are 2.167 million lb (982,935 kg), 1.794 million lb 
(813,745 kg), and 1.794 million lb (813,745 kg), respectively. The 
recreational portion of these values are based on MRIP-CHTS data. This 
final rule changes the OFL and ABC to 2.033 million lb (922,153 kg) and 
505,000 lb (229,064 kg), respectively, consistent with the results of 
the most recent stock assessment and the recommendations of the 
Council's SSC, and set the total ACL equal to the ABC of 505,000 lb 
(229,064 kg). The recreational portion of these values are based on 
MRIP-FES data. Applying the new sector allocations changes the 
recreational ACL from 1,309,620 lb (594,033 kg) in MRIP-CHTS units to 
404,000 lb (183,251 kg) in MRIP-FES units and reduces the commercial 
ACL from 484,380 lb (219,675 kg) to 101,000 lb (45,812 kg). This final 
rule retains the current 17 percent buffer between the recreational ACL 
and ACT. As such, the recreational ACT is revised from 1,086,985 lb 
(493,048 kg) in MRIP-CHTS units to 335,320 lb (152,099 kg) in MRIP-FES 
units given the final reduction in the recreational ACL. This final 
rule also decreases the buffer between the commercial ACL and ACT from 
13 percent to 7 percent, and thereby reduces the commercial ACT from 
421,411 lb (191,148 kg) to 93,930 lb (42,606 kg) given the reduction in 
the commercial ACL. As a result, this final rule is expected to 
regulate commercial and charter vessel/headboat (for-hire) fishing 
businesses that harvest Gulf greater amberjack.
    A valid commercial Gulf reef fish vessel permit is required in 
order for commercial fishing vessels to legally harvest greater 
amberjack in the Gulf. At the end of 2020, 837 vessels possessed a 
valid commercial Gulf reef fish vessel permit. However, not all vessels 
with a commercial Gulf reef fish permit actually harvest greater 
amberjack in the Gulf. From 2016 through 2020, the average number of 
vessels that commercially harvested Gulf greater amberjack was 201. 
Ownership data regarding vessels that harvest Gulf greater amberjack is 
incomplete. Therefore, accurately determining affiliations between 
these particular vessels is not currently feasible. Because of the 
incomplete ownership data, for purposes of this analysis, NMFS assumes 
each of these vessels is independently owned by a single

[[Page 39199]]

business, which NMFS expects to result in an overestimate of the actual 
number of businesses directly regulated by this final rule. Thus, NMFS 
assumes this final rule would regulate and directly affect 201 
commercial fishing businesses.
    Although the changes to the recreational ACL and ACT would apply to 
recreational anglers, the RFA does not consider recreational anglers to 
be entities. 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 and so they are outside 
the scope of this analysis (5 U.S.C. 603).
    A valid charter vessel/headboat Gulf reef fish vessel permit is 
required in order for for-hire vessels to legally harvest greater 
amberjack in the Gulf. NMFS does not possess complete ownership data 
regarding vessels that hold charter vessel/headboat Gulf reef fish 
vessel permits, and thus potentially harvest greater amberjack. 
Therefore, accurately determining affiliations between these vessels 
and the businesses that own them is not currently feasible. As a 
result, for purposes of this analysis, NMFS assumes each for-hire 
vessel is independently owned by a single business, which NMFS expects 
to result in an overestimate of the actual number of for-hire fishing 
businesses regulated by this final rule.
    This final rule is only expected to alter the fishing behavior of 
for-hire vessels that target greater amberjack in the Gulf (i.e., the 
behavior of for-hire vessels that incidentally harvest greater 
amberjack in the Gulf is not expected to change). Therefore, only for-
hire vessels that target greater amberjack in the Gulf are expected to 
be directly affected by this final rule. NMFS does not possess data 
indicating how many for-hire vessels actually harvest or target Gulf 
greater amberjack in a given year. However, in 2020, there were 1,289 
vessels with valid charter vessel/headboat Gulf reef fish vessel 
permits. Further, Gulf greater amberjack is primarily targeted in 
waters off the west coast of Florida. Of the 1,289 vessels with valid 
charter vessel/headboat Gulf reef fish vessel permits, 803 were 
homeported in Florida. Of these permitted vessels, 62 are primarily 
used for commercial fishing rather than for-hire fishing purposes and 
thus are not considered for-hire fishing businesses. In addition, 46 of 
these permitted vessels are considered headboats, which are considered 
for-hire fishing businesses. However, headboats take a relatively 
large, diverse set of anglers to harvest a diverse range of species on 
a trip, and therefore do not typically target a particular species. 
Therefore, NMFS assumes that no headboat trips would be canceled, and 
thus no headboats would be directly affected as a result of this final 
rule. However, charter vessels often target greater amberjack. Of the 
803 vessels with valid charter vessel/headboat Gulf reef fish vessel 
permits that are homeported in Florida, 695 vessels are charter 
vessels. A recent study reported that 76 percent of charter vessels 
with valid charter vessel/headboat permits in the Gulf were active in 
2017 (i.e., 24 percent were not fishing). A charter vessel would only 
be directly affected by this final rule if it is fishing. Given this 
information, the best estimate of the number of charter vessels that 
are likely to target Gulf greater amberjack in a given year is 528. 
Thus, this final rule is estimated to regulate and directly affect 528 
for-hire fishing businesses.
    For RFA purposes, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (50 CFR 200.2). A business primarily 
involved in the commercial fishing industry 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 its combined 
annual receipts (revenue) are not in excess of $11 million for all of 
its affiliated operations worldwide. From 2016 through 2020, the 
maximum annual gross revenue earned by a single commercial reef fish 
vessel during this time was about $1.73 million, while the average 
annual gross revenue for a vessel commercially harvesting Gulf greater 
amberjack was $190,612. Based on this information, all commercial 
fishing businesses regulated by this final rule are determined to be 
small entities for the purpose of this analysis.
    For other industries, the Small Business Administration has 
established size standards for all major industry sectors in the U.S., 
including for-hire businesses (North American Industry Classification 
System (NAICS) code 487210). A business primarily involved in for-hire 
fishing 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 annual receipts (revenue) not in excess of $12.5 
million for all its affiliated operations worldwide. NMFS does not have 
the necessary data to estimate the maximum annual gross revenue for all 
regulated charter vessels. However, the maximum annual gross revenue 
for a single headboat in the Gulf was about $1.38 million in 2017. On 
average, annual gross revenue for headboats in the Gulf is about three 
times greater than annual gross revenue for charter vessels. Based on 
this information, all for-hire fishing businesses regulated by this 
final rule are determined to be small businesses for the purpose of 
this analysis.
    NMFS expects this final rule to directly affect 201 of the 837 
vessels with commercial Gulf reef fish permits, or approximately 24 
percent of those commercial fishing businesses. Further, this final 
rule is expected to directly affect 528 of the 1,227 for-hire fishing 
businesses with valid charter vessel/headboat permits in the Gulf reef 
fish fishery, or approximately 43 percent of those for-hire fishing 
businesses. All regulated commercial and for-hire fishing businesses 
have been determined, for the purpose of this analysis, to be small 
entities. Based on this information, this final rule is expected to 
affect a substantial number of small businesses.
    For vessels that commercially harvest greater amberjack in the 
Gulf, currently available data indicates that economic profits are 
approximately 38 percent of annual average gross revenue. Given that 
their average annual gross revenue is $190,612, annual average economic 
profit per vessel is estimated to be approximately $72,433. The action 
to change the sector allocations and the total ACL would reduce the 
commercial ACL and thus also reduce the commercial ACT (commercial 
quota). The commercial quota, which is used to constrain harvest, will 
decrease from 421,411 lb (191,149 kg) to 87,870 lb (39,857 kg). 
However, average commercial landings of Gulf greater amberjack were 
429,113 lb (194,642 kg) from 2015-2019. Thus, the reduction in 
commercial landings is expected to be 341,243 lb (154,785 kg), or 
328,119 lb (148,832 kg), gutted weight. This reduction in commercial 
landings is not expected to increase the average ex-vessel price due to 
the relatively high number of substitute products (e.g., imports, other 
reef fish species landed in the Gulf and South Atlantic, etc.). Thus, 
assuming the average ex-vessel price of $1.92 per lb, gutted weight, 
from 2016-2020, annual gross revenue is expected to decrease by 
$629,988, and economic profit is expected to decrease by $239,395. On a 
per vessel basis, annual gross revenue and economic profit are expected 
to decrease by $3,134 and $1,191, respectively.
    Based on the most recent information available, average annual 
economic profits are approximately $27,000 per

[[Page 39200]]

charter vessel. The action to change the sector allocations and the 
total ACL revises the recreational ACL and thus also revises the 
recreational ACT, which is used to constrain harvest. The change to the 
recreational ACT is expected to change the length of the recreational 
fishing season. The recreational ACT reduction is expected to reduce 
the recreational season length from 123 days to 20 days. From 2018 
through 2021, the average number of trips targeting Gulf greater 
amberjack by charter vessels was 14,379. The expected number of target 
trips under the projected season length of 20 days is 1,221 trips, and 
thus target trips are expected to decline by 13,158 trips. Net Cash 
Flow per Angler Trip (CFpA) is the best available estimate of profit 
per angler trip by charter vessels. CFpA on charter vessels is 
estimated to be $143 per angler trip. Thus, the estimated reduction in 
charter vessel profits from this action is expected to be about $1.882 
million, or $3,564 per for-hire fishing business. Thus, economic 
profits are expected to be reduced by more than 13 percent on average 
per for-hire fishing business.
    The action to reduce the buffer between the commercial ACL and ACT 
from 13 percent to 7 percent will increase the commercial ACT by 6,060 
lb (2,749 kg), or 5,827 lb (2,643 kg), gutted weight, relative to what 
it would be under the action to decrease the commercial ACL. Given the 
significant reduction in the commercial ACL relative to recent average 
commercial landings, these additional pounds are expected to be 
harvested. The expected increase in commercial landings is expected to 
increase average annual gross revenue by $11,188 and thus economic 
profit by $4,251. On a per vessel basis, annual gross revenue and 
economic profit are expected to increase by $56 and $21, respectively.
    Based on the action to reduce the commercial catch limits and the 
reduction in the buffer between the commercial ACL and ACT, the total 
reductions in gross revenue and economic profits for commercial fishing 
businesses from this rule are expected to be $618,800 and $235,144, 
respectively. On a per vessel basis, the total reductions in annual 
gross revenue and economic profit are expected to be $3,079 and $1,170, 
respectively. Thus, economic profits are expected to be reduced by 
approximately 1.6 percent on average per commercial fishing business.
    Five alternatives, including the status quo, were considered for 
the action to revise the sector allocations, OFL, ABC, total ACL, and 
sector ACLs for greater amberjack in the Gulf. The first alternative, 
the status quo, would have retained the current allocation of the total 
ACL between the recreational and commercial sectors at 73 percent and 
27 percent, respectively. It also would have maintained the OFL, ABC, 
total ACL, recreational ACL, and commercial ACL at 2.167 million lb 
(982,935 kg), 1.794 million lb (813,745 kg), 1.794 million lb (813,745 
kg), 1,309,620 lb (594,033 kg), and 484,380 lb (219,675 kg), 
respectively. This alternative was not selected as it would not be 
based on the best scientific information available and therefore is 
inconsistent with National Standard 2 of the Magnuson-Stevens Act. 
Further, this alternative is inconsistent with the SSC's OFL and ABC 
recommendations.
    The second alternative would have maintained the allocation of the 
total ACL at 73 percent recreational and 27 percent commercial. This 
alternative would have also revised the OFL and ABC as recommended by 
the SSC based on this sector allocation and the most recent stock 
assessment, set the total ACL equal to the ABC, and increased the OFL, 
ABC, total ACL, and sector ACLs each year through 2027. This 
alternative would be based on the best scientific information available 
and is consistent with the SSC's OFL and ABC recommendations. However, 
this alternative was not selected by the Council because it is partly 
based on MRFSS data, which significantly underestimates historical 
landings and effort in the recreational sector and thus does not 
accurately reflect the importance of Gulf greater amberjack to the 
recreational sector during the time period used as the basis for the 
status quo allocation (i.e., 1981-2004).
    The third alternative would have revised the allocation of the 
total ACL to 84 percent recreational and 16 percent commercial based on 
landings from the same timeframe as the status quo allocation (i.e., 
1981-2004), but using recreational landings based on MRIP-FES data. 
This alternative would have also revised the OFL and ABC as recommended 
by the SSC based on this sector allocation and the most recent stock 
assessment, set the total ACL equal to the ABC, and increased the OFL, 
ABC, total ACL, and sector ACLs each year through 2027. The Council 
recognized that the greater amberjack stock is overfished and has not 
rebuilt as expected under the current and previous rebuilding plans. 
This alternative was not selected by the Council because the allocation 
is based on years during which commercial landings of greater amberjack 
were not identified at the species level. In addition, the catch limits 
increased over time and the Council determined that a more cautious 
approach was warranted with respect to establishing future catch 
levels.
    The fourth alternative would have revised the allocation of the 
total ACL to 78 percent recreational and 22 percent commercial based on 
MRIP-FES average landings during the years 1993 through 2007. This 
alternative would have also revised the OFL and ABC as recommended by 
the SSC based on this sector allocation and the most recent stock 
assessment, set the total stock ACL equal to the ABC, and increased the 
OFL, ABC, total ACL, and sector ACLs each year through 2027. The 
Council recognized that the greater amberjack stock is overfished and 
has not rebuilt as expected under the current and previous rebuilding 
plans. This alternative was not selected by the Council because the 
allocation does not include the more recent years, which reflect 
current participation. In addition, the catch limits would increase 
over time and the Council determined that a more cautious approach was 
warranted with respect to establishing future catch levels.
    The fifth alternative would have revised the allocation of the 
total ACL to 80 percent recreational and 20 percent commercial based on 
MRIP-FES average recreational landings during the years 1993 through 
2019. This alternative would have also revised the OFL and ABC as 
recommended by the SSC based on this sector allocation and the most 
recent stock assessment, set the total stock ACL equal to the ABC, and 
increased the OFL, ABC, total ACL, and sector ACLs each year through 
2027. The Council did not select this alternative because the greater 
amberjack stock is overfished and has not rebuilt as expected under the 
current and previous rebuilding plans. Therefore, the Council 
determined that a more cautious approach was warranted with respect to 
establishing future catch levels.
    Two alternatives, including the status quo, were considered for the 
action to decrease the buffer between the commercial ACL and ACT from 
13 percent to 7 percent. The first alternative, the status quo, would 
have retained the current 13 percent buffer. This alternative was not 
selected by the Council because it is based on commercial landings data 
from 2013-2016 and more recent commercial landings data are available 
and considered to be more representative of current commercial fishing 
practices.
    The second alternative would have reduced the buffer between the

[[Page 39201]]

commercial ACL and ACT from 13 percent to 7 percent, but would have 
also reduced the recreational buffer from 17 percent to 13 percent, 
based on landings data from 2017-2020. This alternative was not 
selected by the Council because landings in 2020 were likely affected 
by the COVID-19 pandemic, as reflected by the lack of closures that are 
common in this fishery, and thus are likely not representative of 
typical recreational fishing practices.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, NMFS prepared a fishery bulletin, which also 
serves as a small entity compliance guide. Copies of this final rule 
are available from the Southeast Regional Office, and the guide, i.e., 
fishery bulletin, will be sent to all known industry contacts in the 
Gulf reef fish fishery and be posted at: https://www.fisheries.noaa.gov/tags/small-entity-compliance-guide?title=&field_species_vocab_target_id=&field_region_vocab_target_id%5B1000001121%5D=1000001121&sort_by=created. The guide and this final 
rule will be available upon request.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.
    NMFS finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day 
delay in the effective date for changes to the commercial quota and ACL 
specified in 50 CFR 622.39(a)(1)(v) and 622.41(a)(1)(iii). The most 
recent landings estimates indicate that commercial harvest of greater 
amberjack for this fishing year has reached the revised commercial 
quota and ACL implement in this final rule. The commercial AMs require 
NMFS to prohibit harvest of greater amberjack when commercial landings 
reach or are projected to reach the commercial ACT (quota) and if 
commercial landings exceed the commercial ACL, then during the 
following fishing year, both the commercial quota and the commercial 
ACL must be reduced by the amount of any commercial ACL overage. 
Commercial harvest of greater amberjack is prohibited during March, 
April, and May each year under 50 CFR 622.36(a), reopening on June 1. 
NMFS is unable to prohibit further commercial harvest under the AMs 
unless the reduced quota in this final rule is effective. If harvest 
continues during the 2023 fishing year, it is likely to result in a 
significant overage of the new commercial ACL, which would require NMFS 
to reduce the commercial quota for the 2024 fishing year. If the 
overage exceeds the reduced quota in this final rule, no commercial 
harvest of greater amberjack would be permitted in 2024. Therefore, it 
is necessary to have the revised commercial catch levels in this final 
rule effective upon publication. This will allow NMFS to implement the 
required AM based on the revised quota and provide commercial harvest 
opportunities in 2024 by limiting any required reduction in the 2024 
quota. A waiver of the 30-day delay in effectiveness for the 
recreational quota and ACL specified in 50 CFR 622.39(a)(2)(ii) and 
622.41(a)(2)(iii) is not necessary because recreational harvest is 
prohibited until August 1, as a result of an annual seasonal closure.

List of Subjects in 50 CFR Part 622

    Annual catch limits, Commercial, Fisheries, Fishing, Greater 
amberjack, Gulf of Mexico, Recreational.

    Dated: June 8, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, NMFS amends 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. Effective June 15, 2023, in Sec.  622.39, revise paragraph (a)(1)(v) 
to read as follows:


Sec.  622.39  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (v) Greater amberjack--93,930 lb (42,606 kg), round weight.
* * * * *

0
3. Effective July 17, 2023, Sec.  622.39 is further amended by revising 
paragraph (a)(2)(ii) to read as follows:


Sec.  622.39  Quotas.

* * * * *
    (a) * * *
    (2) * * *
    (ii) Recreational quota for greater amberjack. The recreational 
quota for greater amberjack is 335,320 lb (152,099 kg), round weight.
* * * * *

0
4. Effective June 15, 2023, in Sec.  622.41, revise paragraph 
(a)(1)(iii) to read as follows:


Sec.  622.41  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

    (a) * * *
    (1) * * *
    (iii) The commercial ACL for greater amberjack, in round weight, is 
101,000 lb (45,813 kg).
* * * * *

0
5. Effective July 17, 2023, Sec.  622.41 if further amended by revising 
paragraph (a)(2)(iii) to read as follows:


Sec.  622.41  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

    (a) * * *
    (2) * * *
    (iii) The recreational ACL for greater amberjack, in round weight, 
is 404,000 lb (183,251 kg).
* * * * *
[FR Doc. 2023-12633 Filed 6-14-23; 8:45 am]
BILLING CODE 3510-22-P