Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 49, 40190-40192 [2023-13049]
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40190
Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Proposed Rules
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BL93
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic
Region; Amendment 49
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Announcement of availability of
fishery management plan amendment;
request for comments.
AGENCY:
The South Atlantic Fishery
Management Council (Council)
submitted Amendment 49 to the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP) for review, approval, and
implementation by NMFS. If approved
by the Secretary of Commerce,
Amendment 49 to the FMP would revise
the overfishing limit (OFL), acceptable
biological catch (ABC), annual optimum
yield (OY), sector allocations, the total
and sector annual catch limits (ACLs),
commercial minimum size limit, the
commercial seasonal trip limits, and the
April spawning season closure. In
addition, Amendment 49 would remove
the recreational annual catch targets
(ACTs) for species in the FMP. The
purpose of Amendment 49 is to ensure
catch limits are based on the best
scientific information available and to
ensure overfishing does not occur for
the South Atlantic greater amberjack
stock, while increasing social and
economic benefits.
DATES: Written comments must be
received on or before August 21, 2023.
ADDRESSES: You may submit comments
on Amendment 49, identified by
‘‘NOAA–NMFS–2023–0061’’, by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov and enter ‘‘NOAA–
NMFS–2023–0061’’ in the Search box.
Click the ‘‘Comment’’ icon, complete
the required fields, and enter or attach
your comments.
• Mail: Submit written comments to
Mary Vara, Southeast Regional Office,
NMFS, 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
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SUMMARY:
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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).
Electronic copies of Amendment 49,
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/
150641.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, telephone: 727–824–5305, or
email: mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires each
regional fishery management council to
submit any fishery management plan or
an amendment to such a plan to the
Secretary of Commerce (the Secretary)
for review and approval, partial
approval, or disapproval. The
Magnuson-Stevens Act also requires
that NMFS, upon receiving a fishery
management plan or an amendment to
such a plan, publish an announcement
in the Federal Register notifying the
public that the plan or amendment is
available for review and comment.
The Council prepared the FMP that is
being revised by Amendment 49. If
approved, Amendment 49 would be
implemented by NMFS through
regulations at 50 CFR part 622 under the
authority of the 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
bycatch mortality to the extent
practicable.
In 2008, a stock assessment for greater
amberjack was completed through the
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Sfmt 4702
Southeast Data, Assessment, and
Review (SEDAR) process (SEDAR 15),
and it was determined that the stock
was not overfished or undergoing
overfishing. As a result of that stock
status, the Comprehensive Amendment
to the FMP (77 FR 15915, March 16,
2012) established the current total ACL
and annual OY.
The most recent SEDAR stock
assessment for South Atlantic greater
amberjack (SEDAR 59) was completed
in 2020. The assessment 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 from the
Coastal Household Telephone Survey
(CHTS) to the mail-based FES. Estimates
of recreational catch for greater
amberjack included in the previous
assessment were made using the Marine
Recreational Fisheries Statistics Survey
(MRFSS) methodology. As explained in
Amendment 49, total recreational
fishing effort estimates generated from
MRIP FES are different than those from
the MRIP CHTS and MRFSS. 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 Scientific and
Statistical Committee (SSC), the
Council, and NMFS, and more robust
compared to the MRFSS method
previously used to estimate recreational
catches for greater amberjack. The SSC
reviewed SEDAR 59 (2020) 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 greater
amberjack stock is not overfished or
undergoing overfishing.
Updated catch and data changes
incorporated in the assessment provided
information to update the OFL, ABC,
annual OY, and ACLs. In response to
the results of SEDAR 59 (2020), the
Council subsequently developed
Amendment 49.
In addition to the proposed revisions
to the sector ACLs and seasonal
commercial quotas, the Council
determined that further modifications to
greater amberjack management
measures are needed to ensure that
overfishing does not occur, while
increasing social and economic benefits
through sustainable harvest of greater
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Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Proposed Rules
amberjack in the South Atlantic
exclusive economic zone (EEZ).
Amendment 49 would reduce the
commercial minimum size limit,
increase the seasonal commercial trip
limits, and revise the April spawning
closure for greater amberjack.
Amendment 49 would also make
changes to the FMP by removing
recreational ACTs from the FMP to
make administrative efforts more
efficient, since the Council has not used,
and does not anticipate using,
recreational ACTs for management.
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Actions Contained in Amendment 49
For South Atlantic greater amberjack,
Amendment 49 would revise the OFL,
ABC, annual OY, total ACL, sector
allocations, and sector ACLs.
Amendment 49 would also revise the
commercial minimum size limit,
commercial seasonal trip limits, and the
April spawning closure. In addition,
Amendment 49 would remove the
recreational ACTs for snapper-grouper
species in the FMP.
OFL, ABC, Annual OY, and Total ACL
As implemented through the
Comprehensive ACL Amendment, the
current OFL for greater amberjack is
2,005,000 lb (909,453 kg), round weight.
The current total ACL and annual OY
are equal to the ABC of 1,968,001 lb
(892,670 kg), round weight. All of these
current values include recreational
landings for greater amberjack tracked
using MRFSS estimation methods, and
the Council’s choice of these values was
based on the recommendations of their
SSC from the SEDAR 15 stock
assessment (2008).
In April 2021, the Council’s SSC
reviewed the latest stock assessment
SEDAR 59 (2020) and recommended
new OFL and ABC levels based on the
assessment. As discussed above, SEDAR
59 and the associated OFL and ABC
recommendations for greater amberjack
incorporated the revised estimates for
recreational catch and effort from the
MRIP FES. MRIP replaced MRFSS in
2013 and replaced the CHTS with FES
in 2018. MRIP also incorporated a new
survey design for the Access Point
Angler Intercept Survey in 2013. As
explained in Amendment 49, total
recreational fishing effort estimates
generated from MRIP FES are generally
higher than both the MRFSS and MRIP
CHTS estimates. This difference in
estimates is because MRIP FES is
designed to more accurately measure
fishing activity, not because there was a
sudden increase in fishing effort. The
MRIP FES is considered a more reliable
estimate of recreational effort by the
Council’s SSC, the Council, and NMFS,
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and more robust compared to the
MRFSS method previously used to
estimate recreational catches for greater
amberjack. The new OFL and ABC
recommendations within Amendment
49 also represent the best scientific
information available as determined by
the Council’s SSC and NMFS. The
Council chose to specify OY for greater
amberjack 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).
The fishing year for greater amberjack
is March 1 through the end of February;
therefore, OFL, ABC, OY and total ACL
values are described as a combination of
years. Amendment 49 would revise the
OFL to be 3,283,000 lb (1,489,144 kg),
round weight, for 2023–2024; 2,839,000
lb (1,287,749 kg), round weight, for
2024–2025; 2,719,000 lb (1,233,317 kg),
round weight, for 2025–2026; and
2,691,000 lb (1,220,617 kg), round
weight, for 2026–2027 and subsequent
years.
Amendment 49 would revise the total
ACL and annual OY equal to the
recommended ABC of 3,233,000 lb
(1,466,464), round weight, for 2023–
2024; 2,818,000 lb (1,278,223 kg), round
weight, for 2024–2025; 2,699,000 lb
(1,224,246), round weight, for 2025–
2026; and 2,669,000 lb (1,210,638),
round weight, for 2026–2027 and
subsequent fishing years.
Sector Allocations and ACLs
Amendment 49 would revise the
commercial and recreational allocations
of the total ACL for greater amberjack.
The current sector ACLs for greater
amberjack are based on the current
commercial and recreational allocations
of the total ACL at 40.66 percent and
59.34 percent, respectively. The current
allocations were established by applying
the formula of sector ACL = ((mean
landings 2006–2008)*0.5) + ((mean
landings 1986–2008)*0.5) to the
landings dataset that were used in the
Comprehensive ACL Amendment (77
FR 15916, March 16, 2012).
The revised greater amberjack sector
allocations in Amendment 49 would
result in commercial and recreational
allocations of 35.00 percent and 65.00
percent, respectively. After considering
various allocation alternatives, the
Council proposed allocations based on
their current allocation equation,
updated estimates of recreational
landings from the MRIP FES method,
and a consideration of economic and
social impacts to the commercial and
recreational sectors. The proposed
sector allocations are approximate
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midpoints between the current
allocations, and the allocations that
result from applying the current
allocation formula to a revised dataset
that is inclusive of MRIP–FES, which
results in commercial and recreational
allocations of the total ACL at 29.84
percent and 70.16 percent, respectively.
While the Council increased the
recreational allocation percentage to
account for the increase in recreational
catch estimates under the new MRIP
FES estimation method, the Council
chose to increase the recreational
allocation to 65.00 percent, instead of
70.16 percent, to account for potential
adverse economic and social impacts to
the commercial sector. Several recently
completed stock assessments for other
species in the FMP have indicated poor
stock status and necessitated reduced
harvest of these stocks, making greater
amberjack potentially more important to
the commercial sector. The proposed
greater amberjack sector allocation
percentages also approximate the
average annual total landings
percentages for each sector from 2010–
2019.
The Council determined that the
sector allocations in Amendment 49
would result in the most appropriate
balance between the needs of both
sectors to maximize harvest
opportunities. The Council considers
this revised allocation to be fair and
equitable to fishery participants in both
the commercial and recreational sectors.
The Council determined that this
allocation is also reasonably calculated
to promote conservation and is a wise
use of the resource, since it achieves OY
and is based upon an ABC
recommendation from their SSC that
incorporates the best scientific
information available. The Council
acknowledged that the recreational
sector would benefit with an increase to
their allocation, and that the
recreational sector management
measures and accountability measures
(AMs) are in place to prevent overages
of the recreational ACL.
The commercial quota for greater
amberjack is equivalent to the
commercial ACL. The final rule for
Regulatory Amendment 27 to the FMP
established two commercial fishing
seasons and divided the commercial
quota between the seasons to lengthen
the greater amberjack commercial
season and allow for a more equitable
distribution and price stability of the
greater amberjack resource throughout
the South Atlantic (85 FR 4588, January
27, 2020). Regulatory Amendment 27
allocated 60 percent of the commercial
quota to Season 1 from March through
August, and 40 percent of the quota to
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Season 2 from September through
February. Any remaining commercial
quota from Season 1 is added to the
commercial quota in Season 2. Any
remaining quota from Season 2 is not
carried forward into the next fishing
year. Amendment 49 would not alter the
current fishing seasons or seasonal
allocations of the commercial ACL.
Currently, the commercial ACL is
769,388 lb (348,989 kg), gutted weight.
The commercial Season 1 quota is
461,633 lb (209,393 kg), gutted weight.
The commercial Season 2 quota is
307,755 lb (139,595 kg), gutted weight.
Amendment 49 would revise the
commercial ACLs to be 1,088,029 lb
(493,522 kg), gutted weight, for 2023–
2024; 948,365 lb (430,171 kg), gutted
weight, for 2024–2025; 908,317 lb
(412,006 kg), gutted weight, for 2025–
2026; and 898,221 lb (407,426 kg),
gutted weight, for 2026–2027 and
subsequent fishing years.
The commercial Season 1 quotas
would be 652,817 lb (296,113 kg), gutted
weight, for 2023–2024; 569,019 lb
(258,103 kg), gutted weight, for 2024–
2025; 544,990 lb (247,203 kg), gutted
weight, for 2025–2026; and 538,933 lb
(244,456 kg), gutted weight, for 2026–
2027 and subsequent fishing years.
The commercial Season 2 quotas
would be 435,212 lb (197,409 kg), gutted
weight, for 2023–2024; 379,346 lb
(172,068 kg), gutted weight, for 2024–
2025; 363,327 lb (164,802 kg), gutted
weight, for 2025–2026; and 359,288 lb
(162,970 kg), gutted weight, for 2026–
2027 and subsequent fishing years.
The current recreational ACL is
1,167,837 lb (529,722 kg), round weight.
In Amendment 49,the recreational ACLs
would be 2,101,450 lb (953,202 kg),
round weight, for 2023–2024; 1,831,700
lb (830,845 kg), round weight, for 2024–
2025; 1,754,350 lb (795,760 kg), round
weight, for 2025–2026; and 1,734,850 lb
(786,915 kg), round weight, for 2026–
2027 and subsequent fishing years.
Commercial Minimum Size Limit
Amendment 4 to the FMP (56 FR
56016, October 31, 1991) implemented
the current minimum size limit for the
commercial sector of 36 inches (91.4
cm) fork length (FL).
Amendment 49 would reduce the
commercial minimum size limit to 34
inches (86.4 cm), FL. Consideration of a
reduced commercial minimum size
limit was recommended during public
scoping (April 2021) and from the
Council’s Snapper-Grouper Advisory
Panel (AP) at their April 2021 meeting.
For similar reasons as those provided
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through public and AP comments, the
Council determined that reducing the
minimum size limit would reduce
regulatory discards, reduce the risk of
shark depredation, and more align with
the greater commercial desirability for
smaller fish. Additionally, the Council
decided that a reduction to 34 inches
(86.4 cm), FL, is not likely to jeopardize
the current positive stock status, given
other management constraints on the
commercial sector such as in-season
AMs, trip limits, and split season
quotas.
Seasonal Commercial Trip Limits
The final rule for Regulatory
Amendment 27 revised the commercial
trip limit for greater amberjack to the
current limits of 1,200 lb (544 kg) during
Season 1, and 1,000 lb (454 kg) during
Season 2 (in round or gutted weight).
Amendment 49 would increase the
Season 2 trip limit for greater amberjack
to 1,200 lb (544 kg). After hearing a
recommendation for this change from
the Snapper-Grouper AP, the Council
selected this option to have more
regulatory consistency by having the
same commercial trip limit throughout
the year. Additionally, the Council
acknowledged that the analyses
considered in Amendment 49 indicate
that under the 1,200 lb (544 kg) trip
limit, the commercial sector is not
expected to experience a closure in
Season 2. The Council decided that
having the same trip limit throughout
the fishing year would best meet the
purpose of revising the commercial trip
limit to increase efficiency of
commercial fishing for greater
amberjack, while minimizing adverse
social and economic effects.
April Spawning Closure
The peak spawning month for greater
amberjack is during April and spawning
aggregations are vulnerable to fishing
effort during that time of the year. Due
to the concerns of high catch rates of
greater amberjack in spawning
aggregations, the final rule for
Amendment 4 to the FMP (56 FR 56016,
October 31, 1991) implemented a
spawning season closure for the
commercial harvest of greater amberjack
during April, in which commercial
fishermen were restricted to a three fish
per person per day limit (the same as
the recreational bag limit at the time).
To further enhance the protection to
spawning greater amberjack, the final
rule for Amendment 9 to the FMP
revised those commercial possession
limits and sale/purchase restrictions (64
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FR 3624, February 24, 1999). Currently
during April each year, for both the
commercial and recreational sectors, no
person may sell or purchase a greater
amberjack harvested from the South
Atlantic EEZ and the harvest and
possession limit is one per person per
day or one per person per trip,
whichever is more restrictive.
Amendment 49 would revise the
April spawning closure restrictions for
both the commercial and recreational
sectors from April 1 through April 30,
and not allow any person to fish for,
harvest, or possess a greater amberjack
from the South Atlantic EEZ and the
harvest and possession limits would be
zero. The sale or purchase of greater
amberjack would also continue to be
prohibited in April. The Council
determined that additional protections
were needed for greater amberjack
during this portion of their peak
spawning period (April-May), and that
both sectors should fully participate in
this effort by not allowing either sector
to harvest greater amberjack.
Proposed Rule for Amendment 49
A proposed rule to implement
Amendment 49 has been drafted. In
accordance with the Magnuson-Stevens
Act, NMFS is evaluating the proposed
rule for Amendment 49 to determine
whether it is consistent with the FMP,
the Magnuson-Stevens Act, and other
applicable law. If that determination is
affirmative, NMFS will publish the
proposed rule in the Federal Register
for public review and comment.
Consideration of Public Comments
The Council has submitted
Amendment 49 for Secretarial review,
approval, and implementation.
Comments on Amendment 49 must be
received by August 21, 2023. Comments
received during the respective comment
periods, whether specifically directed to
Amendment 49 or the proposed rule,
will be considered by NMFS in the
decision to approve, partially approve,
or disapprove, Amendment 49. All
comments received by NMFS on the
amendment or the proposed rule during
their respective comment periods will
be addressed in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 13, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–13049 Filed 6–16–23; 11:15 am]
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Proposed Rules]
[Pages 40190-40192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13049]
[[Page 40190]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BL93
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 49
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Announcement of availability of fishery management plan
amendment; request for comments.
-----------------------------------------------------------------------
SUMMARY: The South Atlantic Fishery Management Council (Council)
submitted Amendment 49 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP) for review,
approval, and implementation by NMFS. If approved by the Secretary of
Commerce, Amendment 49 to the FMP would revise the overfishing limit
(OFL), acceptable biological catch (ABC), annual optimum yield (OY),
sector allocations, the total and sector annual catch limits (ACLs),
commercial minimum size limit, the commercial seasonal trip limits, and
the April spawning season closure. In addition, Amendment 49 would
remove the recreational annual catch targets (ACTs) for species in the
FMP. The purpose of Amendment 49 is to ensure catch limits are based on
the best scientific information available and to ensure overfishing
does not occur for the South Atlantic greater amberjack stock, while
increasing social and economic benefits.
DATES: Written comments must be received on or before August 21, 2023.
ADDRESSES: You may submit comments on Amendment 49, identified by
``NOAA-NMFS-2023-0061'', by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov
and enter ``NOAA-NMFS-2023-0061'' in the Search box. Click the
``Comment'' icon, complete the required fields, and enter or attach
your comments.
Mail: Submit written comments to Mary Vara, Southeast
Regional Office, NMFS, 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).
Electronic copies of Amendment 49, 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/150641.
FOR FURTHER INFORMATION CONTACT: Mary Vara, telephone: 727-824-5305, or
email: [email protected].
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any fishery management plan or an
amendment to such a plan to the Secretary of Commerce (the Secretary)
for review and approval, partial approval, or disapproval. The
Magnuson-Stevens Act also requires that NMFS, upon receiving a fishery
management plan or an amendment to such a plan, publish an announcement
in the Federal Register notifying the public that the plan or amendment
is available for review and comment.
The Council prepared the FMP that is being revised by Amendment 49.
If approved, Amendment 49 would be implemented by NMFS through
regulations at 50 CFR part 622 under the authority of the 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 bycatch
mortality to the extent practicable.
In 2008, a stock assessment for greater amberjack was completed
through the Southeast Data, Assessment, and Review (SEDAR) process
(SEDAR 15), and it was determined that the stock was not overfished or
undergoing overfishing. As a result of that stock status, the
Comprehensive Amendment to the FMP (77 FR 15915, March 16, 2012)
established the current total ACL and annual OY.
The most recent SEDAR stock assessment for South Atlantic greater
amberjack (SEDAR 59) was completed in 2020. The assessment 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 from the
Coastal Household Telephone Survey (CHTS) to the mail-based FES.
Estimates of recreational catch for greater amberjack included in the
previous assessment were made using the Marine Recreational Fisheries
Statistics Survey (MRFSS) methodology. As explained in Amendment 49,
total recreational fishing effort estimates generated from MRIP FES are
different than those from the MRIP CHTS and MRFSS. 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 Scientific and Statistical
Committee (SSC), the Council, and NMFS, and more robust compared to the
MRFSS method previously used to estimate recreational catches for
greater amberjack. The SSC reviewed SEDAR 59 (2020) 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 greater amberjack stock is not overfished or
undergoing overfishing.
Updated catch and data changes incorporated in the assessment
provided information to update the OFL, ABC, annual OY, and ACLs. In
response to the results of SEDAR 59 (2020), the Council subsequently
developed Amendment 49.
In addition to the proposed revisions to the sector ACLs and
seasonal commercial quotas, the Council determined that further
modifications to greater amberjack management measures are needed to
ensure that overfishing does not occur, while increasing social and
economic benefits through sustainable harvest of greater
[[Page 40191]]
amberjack in the South Atlantic exclusive economic zone (EEZ).
Amendment 49 would reduce the commercial minimum size limit, increase
the seasonal commercial trip limits, and revise the April spawning
closure for greater amberjack. Amendment 49 would also make changes to
the FMP by removing recreational ACTs from the FMP to make
administrative efforts more efficient, since the Council has not used,
and does not anticipate using, recreational ACTs for management.
Actions Contained in Amendment 49
For South Atlantic greater amberjack, Amendment 49 would revise the
OFL, ABC, annual OY, total ACL, sector allocations, and sector ACLs.
Amendment 49 would also revise the commercial minimum size limit,
commercial seasonal trip limits, and the April spawning closure. In
addition, Amendment 49 would remove the recreational ACTs for snapper-
grouper species in the FMP.
OFL, ABC, Annual OY, and Total ACL
As implemented through the Comprehensive ACL Amendment, the current
OFL for greater amberjack is 2,005,000 lb (909,453 kg), round weight.
The current total ACL and annual OY are equal to the ABC of 1,968,001
lb (892,670 kg), round weight. All of these current values include
recreational landings for greater amberjack tracked using MRFSS
estimation methods, and the Council's choice of these values was based
on the recommendations of their SSC from the SEDAR 15 stock assessment
(2008).
In April 2021, the Council's SSC reviewed the latest stock
assessment SEDAR 59 (2020) and recommended new OFL and ABC levels based
on the assessment. As discussed above, SEDAR 59 and the associated OFL
and ABC recommendations for greater amberjack incorporated the revised
estimates for recreational catch and effort from the MRIP FES. MRIP
replaced MRFSS in 2013 and replaced the CHTS with FES in 2018. MRIP
also incorporated a new survey design for the Access Point Angler
Intercept Survey in 2013. As explained in Amendment 49, total
recreational fishing effort estimates generated from MRIP FES are
generally higher than both the MRFSS and MRIP CHTS estimates. This
difference in estimates is because MRIP FES is designed to more
accurately measure fishing activity, not because there was a sudden
increase 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 MRFSS method previously used to
estimate recreational catches for greater amberjack. The new OFL and
ABC recommendations within Amendment 49 also represent the best
scientific information available as determined by the Council's SSC and
NMFS. The Council chose to specify OY for greater amberjack 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).
The fishing year for greater amberjack is March 1 through the end
of February; therefore, OFL, ABC, OY and total ACL values are described
as a combination of years. Amendment 49 would revise the OFL to be
3,283,000 lb (1,489,144 kg), round weight, for 2023-2024; 2,839,000 lb
(1,287,749 kg), round weight, for 2024-2025; 2,719,000 lb (1,233,317
kg), round weight, for 2025-2026; and 2,691,000 lb (1,220,617 kg),
round weight, for 2026-2027 and subsequent years.
Amendment 49 would revise the total ACL and annual OY equal to the
recommended ABC of 3,233,000 lb (1,466,464), round weight, for 2023-
2024; 2,818,000 lb (1,278,223 kg), round weight, for 2024-2025;
2,699,000 lb (1,224,246), round weight, for 2025-2026; and 2,669,000 lb
(1,210,638), round weight, for 2026-2027 and subsequent fishing years.
Sector Allocations and ACLs
Amendment 49 would revise the commercial and recreational
allocations of the total ACL for greater amberjack. The current sector
ACLs for greater amberjack are based on the current commercial and
recreational allocations of the total ACL at 40.66 percent and 59.34
percent, respectively. The current allocations were established by
applying the formula of sector ACL = ((mean landings 2006-2008)*0.5) +
((mean landings 1986-2008)*0.5) to the landings dataset that were used
in the Comprehensive ACL Amendment (77 FR 15916, March 16, 2012).
The revised greater amberjack sector allocations in Amendment 49
would result in commercial and recreational allocations of 35.00
percent and 65.00 percent, respectively. After considering various
allocation alternatives, the Council proposed allocations based on
their current allocation equation, updated estimates of recreational
landings from the MRIP FES method, and a consideration of economic and
social impacts to the commercial and recreational sectors. The proposed
sector allocations are approximate midpoints between the current
allocations, and the allocations that result from applying the current
allocation formula to a revised dataset that is inclusive of MRIP-FES,
which results in commercial and recreational allocations of the total
ACL at 29.84 percent and 70.16 percent, respectively. While the Council
increased the recreational allocation percentage to account for the
increase in recreational catch estimates under the new MRIP FES
estimation method, the Council chose to increase the recreational
allocation to 65.00 percent, instead of 70.16 percent, to account for
potential adverse economic and social impacts to the commercial sector.
Several recently completed stock assessments for other species in the
FMP have indicated poor stock status and necessitated reduced harvest
of these stocks, making greater amberjack potentially more important to
the commercial sector. The proposed greater amberjack sector allocation
percentages also approximate the average annual total landings
percentages for each sector from 2010-2019.
The Council determined that the sector allocations in Amendment 49
would result in the most appropriate balance between the needs of both
sectors to maximize harvest opportunities. The Council considers this
revised allocation to be fair and equitable to fishery participants in
both the commercial and recreational sectors. The Council determined
that this allocation is also reasonably calculated to promote
conservation and is a wise use of the resource, since it achieves OY
and is based upon an ABC recommendation from their SSC that
incorporates the best scientific information available. The Council
acknowledged that the recreational sector would benefit with an
increase to their allocation, and that the recreational sector
management measures and accountability measures (AMs) are in place to
prevent overages of the recreational ACL.
The commercial quota for greater amberjack is equivalent to the
commercial ACL. The final rule for Regulatory Amendment 27 to the FMP
established two commercial fishing seasons and divided the commercial
quota between the seasons to lengthen the greater amberjack commercial
season and allow for a more equitable distribution and price stability
of the greater amberjack resource throughout the South Atlantic (85 FR
4588, January 27, 2020). Regulatory Amendment 27 allocated 60 percent
of the commercial quota to Season 1 from March through August, and 40
percent of the quota to
[[Page 40192]]
Season 2 from September through February. Any remaining commercial
quota from Season 1 is added to the commercial quota in Season 2. Any
remaining quota from Season 2 is not carried forward into the next
fishing year. Amendment 49 would not alter the current fishing seasons
or seasonal allocations of the commercial ACL.
Currently, the commercial ACL is 769,388 lb (348,989 kg), gutted
weight. The commercial Season 1 quota is 461,633 lb (209,393 kg),
gutted weight. The commercial Season 2 quota is 307,755 lb (139,595
kg), gutted weight.
Amendment 49 would revise the commercial ACLs to be 1,088,029 lb
(493,522 kg), gutted weight, for 2023-2024; 948,365 lb (430,171 kg),
gutted weight, for 2024-2025; 908,317 lb (412,006 kg), gutted weight,
for 2025-2026; and 898,221 lb (407,426 kg), gutted weight, for 2026-
2027 and subsequent fishing years.
The commercial Season 1 quotas would be 652,817 lb (296,113 kg),
gutted weight, for 2023-2024; 569,019 lb (258,103 kg), gutted weight,
for 2024-2025; 544,990 lb (247,203 kg), gutted weight, for 2025-2026;
and 538,933 lb (244,456 kg), gutted weight, for 2026-2027 and
subsequent fishing years.
The commercial Season 2 quotas would be 435,212 lb (197,409 kg),
gutted weight, for 2023-2024; 379,346 lb (172,068 kg), gutted weight,
for 2024-2025; 363,327 lb (164,802 kg), gutted weight, for 2025-2026;
and 359,288 lb (162,970 kg), gutted weight, for 2026-2027 and
subsequent fishing years.
The current recreational ACL is 1,167,837 lb (529,722 kg), round
weight. In Amendment 49,the recreational ACLs would be 2,101,450 lb
(953,202 kg), round weight, for 2023-2024; 1,831,700 lb (830,845 kg),
round weight, for 2024-2025; 1,754,350 lb (795,760 kg), round weight,
for 2025-2026; and 1,734,850 lb (786,915 kg), round weight, for 2026-
2027 and subsequent fishing years.
Commercial Minimum Size Limit
Amendment 4 to the FMP (56 FR 56016, October 31, 1991) implemented
the current minimum size limit for the commercial sector of 36 inches
(91.4 cm) fork length (FL).
Amendment 49 would reduce the commercial minimum size limit to 34
inches (86.4 cm), FL. Consideration of a reduced commercial minimum
size limit was recommended during public scoping (April 2021) and from
the Council's Snapper-Grouper Advisory Panel (AP) at their April 2021
meeting. For similar reasons as those provided through public and AP
comments, the Council determined that reducing the minimum size limit
would reduce regulatory discards, reduce the risk of shark depredation,
and more align with the greater commercial desirability for smaller
fish. Additionally, the Council decided that a reduction to 34 inches
(86.4 cm), FL, is not likely to jeopardize the current positive stock
status, given other management constraints on the commercial sector
such as in-season AMs, trip limits, and split season quotas.
Seasonal Commercial Trip Limits
The final rule for Regulatory Amendment 27 revised the commercial
trip limit for greater amberjack to the current limits of 1,200 lb (544
kg) during Season 1, and 1,000 lb (454 kg) during Season 2 (in round or
gutted weight).
Amendment 49 would increase the Season 2 trip limit for greater
amberjack to 1,200 lb (544 kg). After hearing a recommendation for this
change from the Snapper-Grouper AP, the Council selected this option to
have more regulatory consistency by having the same commercial trip
limit throughout the year. Additionally, the Council acknowledged that
the analyses considered in Amendment 49 indicate that under the 1,200
lb (544 kg) trip limit, the commercial sector is not expected to
experience a closure in Season 2. The Council decided that having the
same trip limit throughout the fishing year would best meet the purpose
of revising the commercial trip limit to increase efficiency of
commercial fishing for greater amberjack, while minimizing adverse
social and economic effects.
April Spawning Closure
The peak spawning month for greater amberjack is during April and
spawning aggregations are vulnerable to fishing effort during that time
of the year. Due to the concerns of high catch rates of greater
amberjack in spawning aggregations, the final rule for Amendment 4 to
the FMP (56 FR 56016, October 31, 1991) implemented a spawning season
closure for the commercial harvest of greater amberjack during April,
in which commercial fishermen were restricted to a three fish per
person per day limit (the same as the recreational bag limit at the
time). To further enhance the protection to spawning greater amberjack,
the final rule for Amendment 9 to the FMP revised those commercial
possession limits and sale/purchase restrictions (64 FR 3624, February
24, 1999). Currently during April each year, for both the commercial
and recreational sectors, no person may sell or purchase a greater
amberjack harvested from the South Atlantic EEZ and the harvest and
possession limit is one per person per day or one per person per trip,
whichever is more restrictive.
Amendment 49 would revise the April spawning closure restrictions
for both the commercial and recreational sectors from April 1 through
April 30, and not allow any person to fish for, harvest, or possess a
greater amberjack from the South Atlantic EEZ and the harvest and
possession limits would be zero. The sale or purchase of greater
amberjack would also continue to be prohibited in April. The Council
determined that additional protections were needed for greater
amberjack during this portion of their peak spawning period (April-
May), and that both sectors should fully participate in this effort by
not allowing either sector to harvest greater amberjack.
Proposed Rule for Amendment 49
A proposed rule to implement Amendment 49 has been drafted. In
accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule for Amendment 49 to determine whether it is consistent
with the FMP, the Magnuson-Stevens Act, and other applicable law. If
that determination is affirmative, NMFS will publish the proposed rule
in the Federal Register for public review and comment.
Consideration of Public Comments
The Council has submitted Amendment 49 for Secretarial review,
approval, and implementation. Comments on Amendment 49 must be received
by August 21, 2023. Comments received during the respective comment
periods, whether specifically directed to Amendment 49 or the proposed
rule, will be considered by NMFS in the decision to approve, partially
approve, or disapprove, Amendment 49. All comments received by NMFS on
the amendment or the proposed rule during their respective comment
periods will be addressed in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 13, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-13049 Filed 6-16-23; 11:15 am]
BILLING CODE 3510-22-P