Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 49, 44244-44249 [2023-14267]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Proposed Rules]
[Pages 44244-44249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14267]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 230629-0159]
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: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 49 to the 
Fishery Management Plan for the Snapper-Grouper Fishery of the South 
Atlantic Region (FMP), as prepared and submitted by the South Atlantic 
Fishery Management Council (Council). For greater amberjack, this 
proposed rule would revise the sector annual catch limits (ACLs), the 
commercial minimum size limit, the commercial seasonal trip limits, and 
the April spawning season closure. In addition, Amendment 49 would 
revise the overfishing limit (OFL), acceptable biological catch (ABC), 
annual optimum yield (OY), and sector allocations of the total ACL, as 
well as remove the recreational annual catch targets (ACTs) for species 
in the FMP. The purpose of this proposed rule and 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 by August 11, 2023.

ADDRESSES: You may submit comments on the proposed rule, 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 https://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 all written comments to Mary Vara, NMFS 
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 
33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments--enter 
``N/A'' in the required fields if you wish to remain anonymous.
    An electronic copy of Amendment 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 South Atlantic snapper-grouper fishery 
includes greater amberjack and is managed under the FMP. The FMP was 
prepared by the Council and is implemented by NMFS through regulations 
at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).

Background

    The Magnuson-Stevens Act requires that NMFS and the regional 
fishery management councils prevent overfishing and achieve, on a 
continuing basis, the OY from federally managed fish stocks. These 
mandates are intended to ensure that fishery resources are managed for 
the greatest overall benefit to the Nation, particularly with respect 
to providing food production and recreational opportunities, and 
protecting marine ecosystems. To further this goal, the Magnuson-
Stevens Act requires fishery managers to minimize bycatch and 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 ACL 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

[[Page 44245]]

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 amberjack in 
the South Atlantic exclusive economic zone (EEZ). The proposed rule 
would reduce the commercial minimum size limit, increase the season 2 
(September 1 through the end of February) commercial trip limit, 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.

Management Measures Contained in This Proposed Rule

    This proposed rule would revise the sector annual ACLs, seasonal 
commercial quotas, commercial minimum size limit, commercial Season 2 
trip limit, and the April spawning closure for South Atlantic greater 
amberjack.

Total ACLs

    As implemented through the final rule for the Comprehensive ACL 
Amendment, the current total ACL and annual OY for greater amberjack 
are equal to the current ABC of 1,968,001 lb (892,670 kg) round weight. 
The current ABC includes recreational estimates from the MRFSS. In 
Amendment 49, the Council revised the ABC based on SEDAR 59 and the 
recommendation of their SSC.
    The fishing year for greater amberjack is March 1 through the end 
of February, requiring that ACL values are described as a combination 
of years. The proposed rule would revise the total ACL 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.
    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 snapper-grouper 
species 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 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. This proposed rule 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.
    This proposed rule 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

[[Page 44246]]

(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. The recreational ACLs in the proposed rule 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

    The final rule for 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).
    This proposed rule 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).
    This proposed rule 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 3 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.
    This proposed rule 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 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.

Management Measures in Amendment 49 Not Codified by This Proposed Rule

    In addition to the measures within this proposed rule, Amendment 49 
would revise the OFL for greater amberjack and set the total ACL and 
annual OY equal to the ABC. The amendment would also revise the sector 
allocations as described above. Additionally, the use of the 
recreational ACT would also be removed for species managed under the 
FMP.

OFL, ABC, and Annual OY

    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 2021, the Council's SSC recommended to the Council new OFL and 
ABC levels based on SEDAR 59 (2020). 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. The Council accepted the SSC's recommendations, and 
the Council's choice of new OFL and ABC values 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).

Recreational ACTs

    Recreational ACTs for the species in the FMP, were established 
through the Comprehensive ACL Amendment to account for uncertainty in 
recreational catch estimates. They are calculated using the formula: 
ACT = ACL * [(1 - PSE) OR 0.5, whichever is greater], where ACL is the 
recreational ACL and PSE is the average of percent standard errors for 
recreational harvest estimates from the 5 most recent years of data. 
Recreational ACTs are not codified in the regulations, and are not 
currently used for management purposes.

[[Page 44247]]

However, because the recreational ACT is derived from the recreational 
ACL, the recreational ACT values have continued to be updated in the 
FMP when ACLs are changed.
    This proposed rule would remove recreational ACTs for species 
managed under the FMP, from both individual species and complexes. 
Removing recreational ACTs from the FMP would make administrative 
efforts by the Council more efficient, since the Council has not 
actively used the ACTs, and does not anticipate using them for 
management in the FMP.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with Amendment 49, the FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA), 
the Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The factual basis for this determination follows.
    A description of this proposed rule, why it is being considered, 
and the objectives of this proposed rule are contained in the SUMMARY 
and SUPPLEMENTARY INFORMATION sections of this proposed rule. The 
Magnuson-Stevens Act provides the statutory basis for this proposed 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. In addition, no new reporting, record-keeping, or 
other compliance requirements are introduced by this proposed rule.
    For greater amberjack, this proposed rule, if implemented, would 
(1) increase the total ACL, (2) increase the sector ACLs, (3) reduce 
the commercial minimum size limit, (4) increase the Season 2 commercial 
trip limit, and (5) revise the April spawning season closure. This 
proposed rule would also remove reference to ACTs within the FMP at 50 
CFR 622.193. The proposed changes to the ACL, the sector ACLs, and the 
spawning closure would apply to all federally-permitted commercial 
vessels, federally-permitted charter vessels and headboats (for-hire 
vessels), and recreational anglers that fish for or harvest greater 
amberjack in Federal waters of the South Atlantic. The proposed changes 
to the commercial minimum size limit and commercial trip limits would 
only apply to commercial vessels. This proposed rule would not directly 
apply to federally-permitted dealers. Any change in the supply of 
greater amberjack available for purchase by dealers as a result of this 
proposed rule, and associated economic effects, would be an indirect 
effect of the proposed rule and would therefore fall outside the scope 
of the RFA.
    Although several components of this proposed rule would apply to 
for-hire vessels, they would not be expected to have any direct effects 
on these entities. For-hire vessels sell fishing services to 
recreational anglers. The proposed changes to the greater amberjack 
management measures would not directly alter the services sold by these 
vessels. Any change in demand for these fishing services, and 
associated economic effects, as a result of this proposed rule would be 
a consequence of a change in anglers' behavior, secondary to any direct 
effect on anglers and, therefore, an indirect effect of this proposed 
rule. Because the effects on for-hire vessels would be indirect, they 
fall outside the scope of the RFA. Furthermore, for-hire captains and 
crew are allowed to retain greater amberjack under the recreational bag 
limit; however, they cannot sell these fish. As such, for-hire captains 
and crew are only affected as recreational anglers. The RFA does not 
consider recreational anglers to be small entities, so they are also 
outside the scope of this analysis (5 U.S.C. 603). Small entities 
include small businesses, small organizations, and small governmental 
jurisdictions (5 U.S.C. 601(6) and 601(3)-(5)). Recreational anglers 
are not businesses, organizations, or governmental jurisdictions. In 
summary, only the impacts on commercial vessels will be discussed.
    As of August 26, 2021, there were 579 valid or renewable South 
Atlantic snapper-grouper unlimited permits and 112 valid or renewable 
225-lb (102.1 kg) trip-limited permits. On average from 2015 through 
2019, there were 242 federally-permitted commercial vessels with 
reported landings of greater amberjack in the South Atlantic. Their 
average annual vessel-level gross revenue from all species for 2015 
through 2019 was $68,449 (2020 dollars) and greater amberjack accounted 
for approximately 7 percent of this revenue. For commercial vessels 
that harvest greater amberjack in the South Atlantic, NMFS estimates 
that economic profits are $2,738 (2020 dollars) or approximately 4 
percent of annual gross revenue, on average. The maximum annual revenue 
from all species reported by a single one of the vessels that harvested 
greater amberjack from 2015 through 2019 was approximately $632,000 
(2020 dollars).
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (North American Industry Classification 
System code 11411) is classified as a small business if it is 
independently owned and operated, is not dominant in its field of 
operation (including its affiliates), and has combined annual receipts 
not in excess of $11 million for all of its affiliated operations 
worldwide. All of the commercial fishing businesses directly regulated 
by this proposed rule are believed to be small entities based on the 
NMFS size standard. No other small entities that would be directly 
affected by this proposed rule have been identified.
    This proposed rule would revise the total ACL for greater 
amberjack, based on the Council accepting their SSC's recommendations 
in response to the SEDAR 59 stock assessment. This catch limit would 
reflect a shift in recreational reporting units from the MRFSS, which 
was used in the previous stock assessment (SEDAR 15), to the MRIP FES. 
The proposed total ACL would be set equal to the ABC or 3,233,000 lb 
(1,466,464 kg), round weight, in the 2023-2024 fishing year, 2,818,000 
lb (1,278,223 kg), round weight, in the 2024-2025 fishing year, 
2,699,000 lb (1,224,246 kg), round weight, in the 2025-2026 fishing 
year, and 2,669,000 lb (1,210,638 kg), round weight, in the 2026-2027 
and subsequent fishing years. Based on the current sector allocation 
percentages of 40.66 percent commercial and 59.34 percent recreational, 
the proposed total ACLs would represent an increase in the allocated 
commercial ACL for greater amberjack of 514,374 lb (233,316 kg), round 
weight, in the 2023-2024 fishing year, 345,635 lb (156,777 kg), round 
weight, in the 2024-2025 fishing year, 297,250 lb (134,830 kg), round 
weight, in the 2025-2026 fishing year, and 285,052 lb (129,297 kg), 
round weight, in the 2026-2027 and subsequent fishing years. However, 
as discussed below, this proposed rule would also modify the percentage 
of the total ACL that is allocated to the commercial sector and 
therefore economic effects to small entities are quantified as part of 
that discussion.

[[Page 44248]]

    This proposed rule would decrease the commercial sector allocation 
from 40.66 percent of the total greater amberjack ACL to 35 percent. 
This, in conjunction with the proposed changes to the ACL, would result 
in a commercial ACL for greater amberjack of 1,088,029 lb (493,522 kg), 
gutted weight, in the 2023-2024 fishing year, 948,365 lb (430,171 kg), 
gutted weight, in the 2024-2025 fishing year, 908,317 lb (412,006 kg), 
gutted weight, in the 2025-2026 fishing year, and 898,221 lb (407,426 
kg), gutted weight, in the 2026-2027 and subsequent fishing years. The 
commercial ACL in each fishing year would continue to be allocated 60 
percent to Season 1 (March-August) and 40 percent to Season 2 
(September-February) with any unharvested quota from Season 1 being 
carried over to Season 2. Relative to the status quo commercial ACL of 
769,388 lb (348,989 kg), gutted weight, the proposed commercial ACLs 
would result in an increase in the commercial catch limit of 318,641 lb 
(144,533 kg), gutted weight, in the 2023-2024 fishing year, 178,977 lb 
(81,183 kg), gutted weight, in the 2024-2025 fishing year, 138,929 lb 
(63,017 kg), gutted weight, in the 2025-2026 fishing year, and 128,833 
lb (58,438 kg), gutted weight, in the 2026-2027 and subsequent fishing 
years. If these increases in the ACL are fully harvested each year, 
they would result in an estimated increase in aggregate ex-vessel 
revenue of $570,367 (2020 dollars) in the 2023-2024 fishing year, 
$320,370 in the 2024-2025 fishing year, $248,683 in the 2025-2026 
fishing year, and $230,611 in the 2026-2027 and subsequent fishing 
years. These benefits are changing over time and the time value of 
money concept suggests money earned sooner is more valuable than money 
earned later because of its earning potential. Therefore, when 
calculating an average annual effect, it is important to discount the 
future stream of benefits back to present time to account for an 
assumed rate of return on capital. The average annual net present value 
(NPV) of the potential increases in ex-vessel revenue from this 
proposed rule over a 5-year timeframe, using discount rates of 3 
percent and 7 percent, would be approximately $306,000 (2020 dollars) 
and $290,000, respectively. Divided by the average annual number of 
commercial vessels that harvested greater amberjack during 2015 through 
2019, the average annual NPV of changes in ex-vessel revenue would be 
$1,266 or $1,199 per vessel per year (approximately 1.8 percent of 
average annual per vessel gross revenue). The estimated average annual 
increase in economic profits per vessel would be approximately $50 
(2020 dollars). NMFS notes, however, that based on recent 5-year 
average commercial greater amberjack landings (2015-2016 through 2019-
2020 fishing years), which are less than the existing ACL, these 
benefits might not materialize unless commercial effort targeting 
greater amberjack increases. Also, individual vessels may experience 
varying levels of economic effects, depending on their fishing 
practices, operating characteristics, and profit maximization 
strategies.
    This proposed rule would also decrease the commercial minimum size 
limit from 36 inches (91.4 cm), FL, to 34 inches (86.4 cm), FL. In 
general, a lower minimum size limit would be expected to increase 
overall greater amberjack harvest in the short-term and increase 
economic benefits received from such harvest. Due to a lack of 
sufficient data related to the size of discarded fish, these economic 
benefits cannot be quantified. NMFS does, however, expect that the 
proposed minimum size limit would facilitate greater utilization of the 
proposed commercial ACLs, thereby helping to realize the economic 
benefits described earlier.
    In addition, this proposed rule would increase the September 1 
through the end of February (Season 2) commercial trip limit for 
greater amberjack from 1,000 lb (454 kg) to 1,200 lb (544 kg)(in round 
or gutted weight). The March 1 through August 31 (Season 1) commercial 
trip limit, which currently is 1,200 lb (544 kg), would not change. The 
proposed increase of 200 lb (91 kg) to the Season 2 commercial trip 
limit would be expected to increase aggregate annual landings by 45,980 
lb (20,856 kg), gutted weight, worth an estimated $82,304 (2020 
dollars) in aggregate ex-vessel revenue (approximately $340 per vessel) 
and $3,292 in economic profits (approximately $14 per vessel). These 
expected increases in landings, ex-vessel revenue, and economic profits 
would not be additive to the overall potential economic effects 
described for the changes to the commercial ACL above, but rather they 
represent short-term expectations based on current conditions and 
recent landings history.
    Finally, this proposed rule would revise the April spawning season 
closure for greater amberjack such that during April of each year, no 
person may sell, purchase, harvest, or possess a greater amberjack from 
the South Atlantic EEZ and the harvest and possession limits are zero. 
This closure would apply to both the commercial and recreational 
sectors. Because the current April spawning season closure already 
prohibits the sale or purchase of greater amberjack harvested from the 
South Atlantic EEZ, this proposed change would only affect recreational 
anglers (including any commercial vessel operators or crew that harvest 
greater amberjack under the possession limit during the existing 
spawning season closure). Again, recreational anglers are outside the 
scope of the RFA.
    In summary, the information provided above supports a determination 
that this proposed rule would not have a significant economic impact on 
a substantial number of small entities. As a result, an initial 
regulatory flexibility analysis is not required and none has been 
prepared.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Greater amberjack, Recreational, 
South Atlantic.

    Dated: June 29, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 622 as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.

0
2. In Sec.  622.183, add paragraph (b)(10) to read as follows:


Sec.  622.183  Area and seasonal closures.

* * * * *
    (b) * * *
    (10) Greater amberjack spawning season closure. From April 1 
through April 30, each year, no person may fish for, harvest, or 
possess in or from the South Atlantic EEZ any greater amberjack. For a 
person on board a vessel for which a valid Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, these prohibitions against fishing, harvesting, or 
possessing apply in the South Atlantic, i.e., in state or Federal 
waters. Such greater amberjack are also subject to the prohibition on 
sale or purchase, as specified in Sec.  622.192(g).


Sec.  622.184  [Removed and Reserved]

0
3. Remove and reserve Sec.  622.184.

[[Page 44249]]

0
4. In Sec.  622.185, revise paragraph (c)(5) to read as follows:


Sec.  622.185  Size limits.

* * * * *
    (c) * * *
    (5) Greater amberjack--28 inches (71.1 cm), fork length, for a fish 
taken by a person subject to the bag limit specified in Sec.  
622.187(b)(1) and 34 inches (86.4 cm), fork length, for a fish taken by 
a person not subject to the bag limit.
* * * * *
0
5. In Sec.  622.190, revise paragraph (a)(3) to read as follows:


Sec.  622.190  Quotas.

* * * * *
    (a) * * *
    (3) Greater amberjack--(i) For the period of March 1 through August 
31 each year.
    (A) For the 2023-2024 fishing year, 652,817 lb (296,113 kg).
    (B) For the 2024-2025 fishing year, 569,019 lb (258,103 kg).
    (C) For the 2025-2026 fishing year, 544,990 lb (247,203 kg).
    (D) For the 2026-2027 and subsequent fishing years, 538,933 lb 
(244,456 kg).
    (ii) For the period of September 1 through the end of February each 
year.
    (A) For the 2023-2024 fishing year, 435,212 lb (197,409 kg).
    (B) For the 2024-2025 fishing year, 379,346 lb (172,068 kg).
    (C) For the 2025-2026 fishing year, 363,327 lb (164,802 kg).
    (D) For the 2026-2027 and subsequent fishing years, 359,288 lb 
(162,970 kg).
* * * * *
0
6. In Sec.  622.191, revise paragraph (a)(5) to read as follows:


Sec.  622.191  Commercial trip limits.

* * * * *
    (a) * * *
    (5) Until the applicable commercial quota specified in Sec.  
622.190(a)(3) is reached--1,200 lb (544 kg). See Sec.  622.190(c)(1) 
for the limitations regarding greater amberjack after the applicable 
commercial quota is reached.
* * * * *
0
7. In Sec.  622.193, revise the section heading and paragraph (k) to 
read as follows:


Sec.  622.193  Annual catch limits (ACLs) and accountability measures 
(AMs).

* * * * *
    (k) Greater amberjack--
    (1) Commercial sector.
    (i) If commercial landings for greater amberjack, as estimated by 
the SRD, reach or are projected to reach the applicable commercial ACL 
(commercial quota) specified in Sec.  622.190(a)(3), the AA will file a 
notification with the Office of the Federal Register to close the 
commercial sector for that portion of the fishing year applicable to 
the respective quota. Applicable restrictions after a commercial quota 
closure are specified in Sec.  622.190(c).
    (ii) If commercial landings for greater amberjack, as estimated by 
the SRD, exceed the commercial ACL, and the combined commercial and 
recreational ACL as specified in paragraph (k)(3) of this section is 
exceeded during the same fishing year, and the species is overfished 
based on the most recent Status of U.S. Fisheries Report to Congress, 
the AA will file a notification with the Office of the Federal Register 
to reduce the commercial ACL in the following fishing year by the 
amount of the commercial ACL overage in the prior fishing year. The 
total commercial ACL is 1,088,029 lb (493,522 kg), gutted weight, for 
the 2023-2024 fishing year; 948,365 lb (430,171 kg), gutted weight, for 
the 2024-2025 fishing year; 908,317 lb (412,006 kg), gutted weight, for 
the 2025-2026 fishing year; and 898,221 lb (407,426 kg), gutted weight, 
for the 2026-2027 and subsequent fishing years.
    (2) Recreational sector.
    (i) If recreational landings for greater amberjack, as estimated by 
the SRD, reach or are projected to reach the recreational ACL, the AA 
will file a notification with the Office of the Federal Register to 
close the recreational sector for the remainder of the fishing year 
regardless if the stock is overfished, unless NMFS determines that no 
closure is necessary based on the best scientific information 
available. On and after the effective date of such a notification, the 
bag and possession limits for greater amberjack in or from the South 
Atlantic EEZ are zero. The recreational ACL is 2,101,450 lb (953,202 
kg), round weight, for the 2023-2024 fishing year; 1,831,700 lb 
(830,845 kg), round weight, for the 2024-2025 fishing year; 1,754,350 
lb (795,760 kg), round weight, for the 2025-2026 fishing year; and 
1,734,850 lb (786,915 kg), round weight, for the 2026-2027 and 
subsequent fishing years.
    (ii) If recreational landings for greater amberjack, as estimated 
by the SRD, exceed the recreational ACL, then during the following 
fishing year recreational landings will be monitored for a persistence 
in increased landings, and if necessary, the AA will file a 
notification with the Office of the Federal Register to reduce the 
length of the recreational fishing season and recreational ACL by the 
amount of the recreational ACL overage, if the species is overfished 
based on the most recent Status of U.S. Fisheries Report to Congress, 
and if the combined commercial and recreational ACL specified in 
paragraph (k)(3) of this section, is exceeded during the same fishing 
year. The AA will use the best scientific information available to 
determine if reducing the length of the recreational season and 
recreational ACL is necessary. When the recreational sector is closed 
as a result of NMFS reducing the length of the recreational fishing 
season and ACL, the bag and possession limits for greater amberjack in 
or from the South Atlantic EEZ are zero.
    (3) Combined commercial and recreational ACLs. The combined 
commercial and recreational ACL for greater amberjack is 3,233,000 lb 
(1,466,464 kg), round weight, for the 2023-2024 fishing year; 2,818,000 
lb (1,278,223 kg), round weight, for the 2024-2025 fishing year; 
2,699,000 lb (1,224,246 kg), round weight, for the 2025-2026 fishing 
year; and 2,669,000 lb (1,210,638 kg), round weight, for the 2026-2027 
and subsequent fishing years.
* * * * *
[FR Doc. 2023-14267 Filed 7-11-23; 8:45 am]
BILLING CODE 3510-22-P