Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Amendment 53, 44764-44774 [2023-14620]
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Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Proposed Rules
(ii) Has submitted preliminary data
supporting this statement; and
(iii) Has provided all required
information requested by the Secretary.
(6) The Secretary shall provide
written communication of the decision
to modify or decline to modify the
performance standards, and the period
for which any modified standards shall
apply, after receipt of appropriate
written communication from the chief
executive officer.
(i) If approved, a temporary
modification in a performance
requirement will expire on the last day
of the Federal fiscal year for which it
was approved.
(ii) Adverse findings of data reliability
audits of the state’s performance data
under 45 CFR 305.60 as reported during
the period in which the performance
requirement modification is approved
will not result in a financial penalty
pursuant to the state’s request as
specified in paragraph (f)(2) of this
section.
(iii) Unless the state receives a written
approval of its performance requirement
modification request, the performance
requirements under section 452(g) of the
Act (42 U.S.C. 652(g)) and 45 CFR
305.40(a)(1), under 45 CFR 305.40(a)(2),
and under 45 CFR 305.40(a)(3) remain
in effect.
(iv) If the request for a performance
requirement modification is denied, the
denial is not subject to administrative
appeal.
[FR Doc. 2023–14658 Filed 7–12–23; 8:45 am]
BILLING CODE 4184–41–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 230706–0161]
RIN 0648–BM27
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic;
Amendment 53
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
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AGENCY:
NMFS proposes regulations to
implement Amendment 53 to the
Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic (FMP), as prepared and
SUMMARY:
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submitted by the South Atlantic Fishery
Management Council (Council). For gag,
this proposed rule would revise the
sector annual catch limits (ACLs),
commercial trip limits, recreational bag,
vessel, and possession limits, and
recreational accountability measures
(AMs). For black grouper, this proposed
rule would revise the recreational bag,
vessel, and possession limits. In
addition, Amendment 53 would
establish a rebuilding plan, and revise
the overfishing levels, acceptable
biological catch (ABC), annual optimum
yield (OY), and sector allocations for
gag. The purpose of this proposed rule
and Amendment 53 is to end
overfishing of gag, rebuild the stock, and
achieve OY while minimizing, to the
extent practicable, adverse social and
economic effects.
DATES: Written comments must be
received on or before August 14, 2023.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2023–0045,’’ 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–2023–0045’’, in the
Search box. Click the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Frank Helies, 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 53,
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/action/
amendment-53-rebuilding-plan-gagand-management-gag-and-blackgrouper/.
FOR FURTHER INFORMATION CONTACT:
Frank Helies, telephone: 727–824–5305,
or email: frank.helies@noaa.gov.
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The South
Atlantic snapper-grouper fishery, which
includes gag and black grouper, is
managed under the FMP. The FMP was
prepared by the Council and
implemented through regulations at 50
CFR part 622 under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
SUPPLEMENTARY INFORMATION:
Background
The Magnuson-Stevens Act requires
that NMFS and 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.
All weights described in this
proposed rule are in gutted weight,
unless otherwise specified.
In 2006, the gag stock was assessed
through the Southeast Data, Assessment,
and Review (SEDAR) process as a
benchmark assessment (SEDAR 10). The
assessment indicated that the gag stock
was not overfished but was undergoing
overfishing. The Council and NMFS
implemented management measures,
including implementing a spawning
season closure to end overfishing
through the final rule for Amendment
16 to the FMP (74 FR 30964, July 29,
2009).
In 2014, the gag stock was assessed
again through the SEDAR 10 Update as
a standard assessment. The assessment
indicated that the gag stock was not
overfished but was still experiencing
overfishing. However, the Council’s
Scientific and Statistical Committee
(SSC) noted that the fishing mortality
rate for 2012, and the projected fishing
mortality rate in 2013, based on the
actual landings, suggested that
overfishing did not occur in 2012 and
2013. Consequently, NMFS determined
that the gag stock was not undergoing
overfishing. In response to the SEDAR
10 Update, the Council and NMFS
modified the ACLs and management
measures through the final rule for
Regulatory Amendment 22 to the FMP
(80 FR 48277, August 12, 2015).
Amendment 53 responds to the most
recent stock assessment for South
Atlantic gag (SEDAR 71 2021). The
Council’s SSC reviewed the gag stock
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assessment (SEDAR 71 2021) at their
June 2021 meeting. The assessment
followed a standard approach using data
through 2019, and incorporated the
revised estimates for recreational catch
from the Marine Recreational
Information Program (MRIP) Fishing
Effort Survey (FES). The findings of the
assessment indicated that the South
Atlantic gag stock is overfished and
undergoing overfishing. The SSC found
that the assessment was conducted
using the best scientific information
available, was adequate for determining
stock status and supporting total fishing
level recommendations. NMFS notified
the Council of the updated status of the
gag stock via letter dated July 23, 2021.
Following a notification from NMFS
to a Council that a stock is undergoing
overfishing and is overfished, the
Magnuson-Stevens Act requires the
Council to develop an FMP amendment
with actions that immediately end
overfishing and rebuild the affected
stock. The Council developed
Amendment 53 to respond to the results
of SEDAR 71.
The Council requested several
different rebuilding projections for the
gag stock including a 50 percent and a
70 percent probability of rebuilding
under recent low recruitment and
longer-term modeled recruitment
scenarios. The SSC recommended ABC
values based on a 70 percent probability
of rebuilding in 10 years and
recruitment based on the long-term
recruitment scenario from SEDAR 71.
However, in March 2023, the NMFS
Southeast Fisheries Science Center
advised the Council that unless gag
discards were reduced in similar
proportion to the reduction in landings,
the probability of rebuilding would be
below the expected 70 percent
probability of rebuilding but still be
above 50 percent, as required under the
Magnuson-Stevens Act. The Council
accepted the SSC’s recommended ABC
values, as discussed below.
In Amendment 53, the Council would
also revise the overfishing limit (OFL)
for gag, and update other biological
reference points. Amendment 53 would
set the OFL to 367,235 lb (166,575 kg),
for 2023; 494,338 lb (224,228 kg), for
2024; 605,227 lb (274,526 kg), for 2025;
706,366 lb (320,402 kg), for 2026;
808,266 lb (366,623 kg), for 2027;
912,033 lb (413,691 kg), for 2028;
1,011,133 lb (458,642 kg), for 2029;
1,098,379 lb (498,216 kg), for 2030;
1,171,120 lb (531,211 kg), for 2031; and
1,230,363 lb (558,083 kg), for 2032 and
subsequent fishing years.
The Council intends that Amendment
53 would end overfishing of South
Atlantic gag, rebuild the stock, and
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achieve OY while minimizing, to the
extent practicable, adverse social and
economic effects.
Management Measures Contained in
This Proposed Rule
This proposed rule would revise the
sector ACLs, commercial trip limits,
recreational bag, vessel, and possession
limits, and recreational AMs for gag.
Because gag and black grouper are often
misidentified by recreational fishermen,
this proposed rule would also address
recreational vessel limits and a
prohibition on captain and crew bag
limit retention for black grouper.
Total ACLs
Through the final rule for Regulatory
Amendment 22 to the FMP, the current
total ACL and annual OY were set at
734,350 lb (333,095 kg), which is 95
percent of the current ABC (80 FR
48277, August 12, 2015). In Amendment
53, the Council would revise the ABC
based on SEDAR 71 and the
recommendation of the SSC, and set the
ABC, ACL, and annual OY equal to each
other.
This proposed rule would revise the
total ACL (and the annual OY) equal to
the recommended ABC of 175,632 lb
(79,665 kg), for 2023; 261,171 lb
(118,465 kg), for 2024; 348,352 lb
(158,010 kg), for 2025; 435,081 lb
(197,349 kg), for 2026; 524,625 lb
(237,966 kg), for 2027; 617,778 lb
(280,219 kg), for 2028; 711,419 lb
(322,694 kg), for 2029; 800,088 lb
(362,914 kg), for 2030; 879,758 lb
(399,052 kg), for 2031; and 948,911 lb
(430,419 kg), for 2032 and subsequent
fishing years.
Sector Allocations and ACLs
Amendment 53 would revise the
commercial and recreational allocations
for gag. The current sector ACLs for gag
are based on the commercial and
recreational allocations of the total ACL
at 51 percent and 49 percent,
respectively, that were established
through Amendment 16 to the FMP (74
FR 30964, July 29, 2009). The Council
used the distribution of landings from
1999 through 2003 to determine the
existing allocations.
In Amendment 53, the Council would
adjust the commercial and recreational
sector allocations based on a unique
allocation formula (‘‘split reduction
method’’) that also accounts for the
revisions to the calibrated recreational
landings estimates from the MRIP FES.
This method would implement the
reductions in total harvest needed to
achieve the new total ACL
proportionally for each sector, based
upon the distribution of landings under
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more recent time periods that the
Council determined better reflect the
way the fishery is currently operating.
The Council chose the 5-year average of
commercial and recreational (FES)
landings from 2015 through 2019, and
split the reduction needed to achieve
the new reduced ACL in 2023
proportionally among the sectors. Then
in each subsequent year throughout the
rebuilding plan, as the ACL increases,
the ACL poundage increase is allocated
equally between both sectors and added
to each sector’s respective ACL from the
previous year. The proposed
adjustments would result in allocation
percentages of 49 percent commercial
and 51 percent recreational for 2023
through 2026. Each year thereafter
would be a 50 percent commercial and
50 percent recreational allocation.
The Council determined that the
preferred sector allocation method in
Amendment 53 more fairly deals with
the initial reduction in landings that
results from the updated catch levels,
and reduces the proportion of each
sector’s allowable catch based on recent
landings so that the effect on each sector
is more equitable. Similarly, the Council
noted that the new allocations would
achieve a balance between the needs of
both sectors and also increase each
sector’s allowable catch proportionately
on a poundage basis throughout the
rebuilding plan. The Council
determined that the new method
distributes both overfishing restrictions
and recovery benefits for gag fairly and
equitably among both sectors. Thus, the
Council considers this allocation
method to be fair and equitable to
fishery participants in both the
commercial and recreational sectors. In
addition, this allocation method is also
reasonably calculated to promote
conservation, since it achieves OY while
it remains within the boundaries of a
total ACL that is based upon an ABC
recommendation that would end
overfishing and rebuild the stock,
incorporating the best scientific
information available.
The current commercial ACL for gag
is 347,301 lb (157,533 kg) and was
implemented through Amendment 16 to
the FMP (74 FR 30964, July 29, 2009).
The commercial ACLs in this proposed
rule would be 85,326 lb (38,703 kg), for
2023; 128,096 (58,103 kg), for 2024;
171,687 (77,876 kg), for 2025; 215,051
(97,545 kg), for 2026; 259,823 (117,854
kg), for 2027; 306,400 (138,981 kg), for
2028; 353,220 (160,218 kg), for 2029;
397,555 (180,328 kg), for 2030; 437,390
(198,397 kg), for 2031; and 471,966 lb
(214,080 kg), for 2032 and subsequent
years.
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The current recreational ACL for gag
is 359,832 lb (172,807 kg) and was
implemented through Amendment 16 to
the FMP (74 FR 30964, July 29, 2009).
The recreational ACLs in this proposed
rule would be 90,306 lb (40,962 kg), for
2023; 133,075 lb (60,362 kg), for 2024;
176,665 lb (80,134 kg), for 2025; 220,030
lb (99,804 kg), for 2026; 264,802 lb
(120,112 kg), for 2027; 311,378 lb
(141,239 kg), for 2028; 358,199 lb
(162,476 kg), for 2029; 402,533 (182,586
kg), for 2030; 442,368 lb (200,655 kg),
for 2031; and 476,945 lb (216,339 kg),
for 2032 and subsequent years.
Commercial Trip Limits
The final rule for Regulatory
Amendment 14 to the FMP established
the current commercial trip limit for gag
of 1,000 lb (454 kg), until 75 percent of
the commercial quota is met, at which
time the commercial trip limit is
reduced to 500 lb (227 kg) for the
remainder of the fishing year or until
the commercial quota is met (79 FR
66316, December 8, 2014). This
proposed rule would modify the
commercial trip limit for gag to be 300
lb (136 kg), without a trip limit
reduction.
Under the proposed trip limit, the
Council determined that commercial
fishermen could retain a sufficient
amount of gag over the longest amount
of time during a fishing year, and that
it would increase the likelihood of gag
remaining open to commercial harvest
and available to consumers for as long
as possible during the year.
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Recreational Vessel Limits for Gag and
Black Grouper
This proposed rule would establish a
private recreational vessel limit for gag
and also a private recreational vessel
limit for black grouper of two fish per
vessel per day, not to exceed the daily
bag limit of one fish per person per day,
whichever is more restrictive. For forhire recreational vessels, this proposed
rule would establish a vessel limit for
gag and also a vessel limit for black
grouper of two fish per vessel per trip,
not to exceed the daily bag limit of one
fish per person per day, whichever is
more restrictive.
There is currently no recreational
vessel limit for gag or black grouper.
The current recreational bag and
possession limits for gag and black
grouper in the South Atlantic, specified
by Regulatory Amendment 22 to the
FMP, are one fish per person per day
within the three fish aggregate for
grouper and tilefish, and no more than
one of those fish may be a gag or a black
grouper.
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Given the substantial reduction in
harvest needed to end overfishing
immediately and to increase the
likelihood of rebuilding the gag stock,
the Council decided to establish
recreational vessel limits for gag that
would continue to allow recreational
retention and help constrain harvest to
the reduced recreational ACL. As
previously mentioned, gag and black
grouper are often misidentified by
recreational fishermen. Because of these
misidentification issues between the
two species, coupled with the need to
greatly reduce the harvest of gag to end
overfishing and rebuild the stock, this
proposed rule would also implement
recreational vessel limits to help with
harvest constraints for black grouper to
indirectly benefit the gag portion of the
snapper-grouper fishery.
This proposed rule would not alter
the gag or black grouper recreational bag
limits, which would remain one gag or
one black grouper per person per day
within the three fish aggregate for
grouper and tilefish. This proposed rule
would establish a per day gag and black
grouper recreational vessel limit for the
private angling component and a per
trip gag and black grouper vessel limit
for the charter vessel and headboat (forhire) component. These separate vessel
limits would be expected to constrain
harvest for these two separate
components of the recreational sector.
Because for-hire vessels may take
multiple trips in a single day, the
Council determined that a per trip
maximum vessel limit would ensure
equal access for new customers on a
second for-hire trip of the day by not
requiring discarding of a gag or black
grouper if one was previously caught
and kept by a different customer on the
first trip of a day.
Prohibition of Captain and Crew Bag
Limit Retention for Gag and Black
Grouper
The captain and crew on a for-hire
vessel with a Federal for-hire snappergrouper permit may currently retain the
daily bag limit of gag or black grouper
as is allowed for each for-hire passenger.
This proposed rule would set the gag
and black grouper bag limit for captain
and crew on a for-hire vessel with a
Federal for-hire snapper-grouper permit
at zero. The Council determined that
because of the need to constrain the
harvest of gag to the reduced
recreational catch levels and because of
the misidentification issues previously
discussed, continuing to allow captain
and crew to retain a daily bag limit of
gag or black grouper would increase the
potential gag harvest by recreational forhire anglers and would prevent
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necessary reductions in the harvest of
gag from being achieved.
Recreational AMs
The current recreational AMs for gag
were established through Amendment
34 to the FMP (81 FR 3731, January 22,
2016). The AM includes an in-season
closure for the remainder of the fishing
year if recreational landings reach or are
projected to reach the recreational ACL,
regardless of whether the stock is
overfished. The recreational AM also
includes post-season adjustments. If
recreational landings exceed the
recreational ACL, then during the
following fishing year recreational
landings will be monitored for a
persistence in increased landings. Also,
if the total ACL is exceeded and gag are
overfished, the length of the recreational
fishing season and the recreational ACL
are reduced by the amount of the
recreational ACL overage.
This proposed rule would revise the
recreational AMs for gag. The current
in-season closure AM would be retained
and the post-season recreational AM
would be revised. If recreational
landings for gag exceed the recreational
ACL, the length of the following year’s
recreational fishing season would be
reduced by the amount necessary to
prevent the recreational ACL from being
exceeded. The proposed AM would
remove the current potential duplicate
AM application of a reduction in the
recreational season length and an
overage adjustment (payback) of the
recreational ACL overage if the total
ACL was exceeded. Under this proposed
measure, the AM trigger would not be
tied to the total ACL, but only to the
recreational ACL. The proposed AM
modification would ensure that
overages in the recreational sector do
not in turn affect the catch levels for the
commercial sector. Any reduced
recreational season length as a result of
the recreational AM being implemented
would apply to the recreational fishing
season following the year of a
recreational ACL overage. Additionally,
under the proposed recreational AM,
the length of the recreational season
would not be reduced if the Regional
Administrator determines, using the
best scientific information available,
that such is reduction is unnecessary.
This proposed rule would not revise the
commercial AMs because the Council
determined that the current commercial
AM remains sufficient to ensure
commercial landings would not exceed
either the current or revised commercial
ACL.
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Management Measures in Amendment
53 Not Codified by This Proposed Rule
In addition to the measures within
this proposed rule, Amendment 53
would revise the OFL for gag and
update other biological reference points.
Amendment 53 would also establish a
rebuilding plan, and revise the ABC, the
OY, and the sector allocations for gag.
Rebuilding Plan for the South Atlantic
Gag Stock
Amendment 53 would establish a 10year rebuilding plan, which is the
longest allowable rebuilding scenario
(Tmax) allowed for the gag stock by the
Magnuson-Stevens Act (16 U.S.C.
1854(e)(4)(A)). In addition, the
Magnuson-Stevens Act National
Standard 1 Guidelines state that if the
stock is projected to rebuild in 10 years
or less, then Tmax is 10 years (50 CFR
600.310(j)(3)(i)(B)(1)). The Council
intends that their preferred choice of the
10-year timeframe for rebuilding in
Amendment 53 beginning in 2023
would reduce the severity of the
management measures and thus result
in fewer short-term negative social and
economic impacts on fishing
communities.
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ABC and Annual OY
The current OFL of 825,000 lb
(374,214 kg) and ABC of 773,000 lb
(350,627 kg) are inclusive of Coastal
Household Telephone Survey (CHTS)
estimates of private recreational and
charter landings. The Council’s SSC
reviewed the latest stock assessment
(SEDAR 71) and recommended new
ABC levels as determined by SEDAR 71.
The assessment and associated ABC
recommendations incorporated the
revised estimates for recreational catch
and effort from the MRIP Access Point
Angler Intercept Survey (APAIS) and
the updated FES. MRIP began
incorporating a new survey design for
APAIS in 2013 and replaced the 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 53, 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 is more robust compared to the
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MRIP CHTS method. The new ABC
recommendations within Amendment
53 also represent the best scientific
information available as determined by
the SSC.
The Council chose to specify OY for
gag on an annual basis and set it equal
to the ABC and total ACL, in accordance
with the guidance provided in the
Magnuson-Stevens Act National
Standard 1 Guidelines at 50 CFR
600.310(f)(4)(iv).
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with Amendment 53, 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.
An initial regulatory flexibility
analysis (IRFA) was prepared, as
required by section 603 of the
Regulatory Flexibility Act (RFA; 5
U.S.C. 603). NMFS has determined that
this IRFA is consistent with RFA
requirements, subject to further
consideration after public comment.
The IRFA describes the economic
impact this proposed rule, if adopted,
would have on small entities. A
description of the action, why it is being
considered, and the legal basis for this
action are contained in the SUMMARY and
SUPPLEMENTARY INFORMATION sections of
the preamble. A summary of the
analysis follows. A copy of this analysis
is available from NMFS (see
ADDRESSES).
This proposed rule, if implemented,
would: (1) revise the gag total ACL and
sector ACLs, (2) reduce the commercial
trip limit for gag, (3) revise the gag
recreational bag, vessel, and possession
limits, (4) revise the gag recreational
AMs, and (5) for black grouper revise
the recreational bag, vessel, and
possession limits. Item (1), the gag total
ACL and sector ACLs, 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 gag in federal waters of the
South Atlantic. Item (2), the commercial
trip limit for gag, would only apply to
commercial vessels. Items (3), gag
recreational bag, vessel, and possession
limits; (4), gag recreational AMs; and
(5), black grouper recreational bag,
vessel, and possession limits, would
only apply to for-hire vessels and
recreational anglers. None of the
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proposed changes would directly apply
to federally-permitted dealers. Any
change in the supply of gag available for
purchase by dealers as a result of this
proposed rule, and associated economic
effects, would be an indirect effect of
the proposed regulatory action and
would therefore fall outside the scope of
the RFA.
Although most provisions 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 gag catch limits and gag
and black grouper management
measures would not be expected to
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 the
proposed rule. Based on the historicallyminimal level of charter mode target
effort for gag and black grouper in the
South Atlantic, the low retention limit
for these species, and the number of
substitute species available, NMFS does
not expect any change in for-hire trip
demand to result from this proposed
rule; however, should it occur, any such
indirect effects would fall outside the
scope of the RFA. For-hire captains and
crew are currently allowed to retain gag
and black grouper under the
recreational bag limits; however, they
are not allowed to sell these fish. As
such, for-hire captains and crew are
only affected as recreational anglers.
The RFA does not consider recreational
anglers to be entities, so they are also
outside the scope of this analysis (5
U.S.C. 603). Small entities include small
businesses, small organizations, and
small governmental jurisdictions (5
U.S.C. 601(6) and 601(3)–(5)).
Recreational anglers are not businesses,
organizations, or governmental
jurisdictions. In summary, only the
impacts on commercial vessels will be
discussed.
As of August 26, 2021, there were 579
valid or renewable South Atlantic
Snapper-Grouper unlimited permits and
112 valid or renewable 225-lb (102.1 kg)
trip-limited permits. On average from
2015 through 2019, there were 203
federally-permitted commercial vessels
with reported landings of gag in the
South Atlantic. Their average annual
vessel-level gross revenue from all
species for 2015 through 2019 was
$67,722 (2021 dollars) and gag
accounted for approximately 10 percent
of this revenue. For commercial vessels
E:\FR\FM\13JYP1.SGM
13JYP1
44768
Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Proposed Rules
that harvest gag in the South Atlantic,
NMFS estimates that economic profits
are $677 (2021 dollars) or 1 percent of
annual gross revenue, on average. The
maximum annual revenue from all
species reported by a single one of the
vessels that harvested gag from 2015
through 2019 was $638,709 (2021
dollars).
For RFA purposes only, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily engaged in
commercial fishing (North American
Industry Classification System code
11411) is classified as a small business
if it is independently owned and
operated, is not dominant in its field of
operation (including its affiliates), and
has combined annual receipts not in
excess of $11 million for all its affiliated
operations worldwide. All of the
commercial fishing businesses directly
regulated by this proposed rule are
believed to be small entities based on
the NMFS size standard. No other small
entities that would be directly affected
by this proposed rule have been
identified.
This proposed rule would revise the
gag total ACLs based on the most recent
recommendation from the SSC in
response to the SEDAR 71 (2021) gag
stock assessment. These catch limits
would reflect a shift in recreational
reporting units from the MRIP CHTS to
the MRIP FES. The total ACL would be
set equal to the ABC in each year of the
rebuilding plan according to the values
provided in Table 1. The 2032 total ACL
values would remain in effect until
changed by future Council action.
Relative to the current commercial ACL
of 347,301 lb (157,533 kg) and applying
the current commercial sector allocation
of 51 percent, the proposed changes to
the gag catch limits would result in a
decrease in the commercial ACL during
2023 and through 2028 and an increase
thereafter, as shown in Table 1.
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, estimated economic effects to
small entities are considered as part of
that discussion below.
TABLE 1—PROPOSED TOTAL ACLS AND COMMERCIAL ACLS, AS BASED ON CURRENT ALLOCATION PERCENTAGES
Total ACL in lb
(kg)
Year
2023 .............................................................................................
2024 .............................................................................................
2025 .............................................................................................
2026 .............................................................................................
2027 .............................................................................................
2028 .............................................................................................
2029 .............................................................................................
2030 .............................................................................................
2031 .............................................................................................
2032+ ...........................................................................................
ddrumheller on DSK120RN23PROD with PROPOSALS1
This proposed rule would set gag
sector allocations and sector ACLs in
2023 proportional to each sector’s share
of total average landings (commercial
and recreational combined) from 2015
through 2019. In subsequent years, as
the total ACL increases, the total ACL
poundage increase would be split
equally between both sectors and added
to each sector’s ACL from the previous
year. As a result, the allocation
percentages would gradually shift over
time. The 2032 values would remain in
effect unless changed by future
management action. As shown in Table
2, the combined economic effects of the
proposed total ACLs in conjunction
with the proposed revisions to the
commercial allocation and ACLs, are
estimated to be negative from 2023
VerDate Sep<11>2014
16:27 Jul 12, 2023
Jkt 259001
Commercial ACL in lb
(kg)
175,632 (79,665)
261,171 (118,465)
348,352 (158,010)
435,081 (197,349)
524,625 (237,966)
617,778 (280,219)
711,419 (322,694)
800,088 (362,914)
879,758 (399,052)
948,911 (430,419)
through 2028 and positive thereafter.
These estimates assume the full
commercial ACL is harvested each year.
Dividing the change in economic profits
for each year shown in Table 2 by the
average number of vessels with reported
landings of gag from 2015 through 2019,
the estimated annual change in
economic profits per vessel would range
from ¥$84 (a 12 percent loss per vessel)
in 2023 (2021 dollars) to $40 (a 6
percent increase per vessel) in 2032.
These estimated economic effects would
be 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
PO 00000
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Sfmt 4702
89,572 (40,629)
133,197 (60,417)
177,660 (80,585)
221,891 (100,648)
267,559 (121,363)
315,067 (142,912)
362,824 (164,574)
408,045 (185,086)
448,677 (203,516)
483,945 (219,514)
Difference between
proposed and current
commercial ACL in lb
(kg)
¥257,729 (¥116,904)
¥214,104 (¥97,116)
¥169,641 (¥76,948)
¥125,410 (¥56,885)
¥79,742 (¥36,170)
¥32,234 (¥14,621)
15,523 (7,041)
60,744 (27,553)
101,376 (45,983)
136,644 (61,981)
stream of benefits and costs back to
present time to account for an assumed
rate of return on capital. The net present
value (NPV) of the estimated stream of
changes in ex-vessel revenue over a 10
year period (2023 through 2032), using
a 3 percent discount rate, is ¥$4.2
million (2021 dollars) and the
annualized NPV during that period
would be ¥$490,415. The average
annualized NPV of changes in ex-vessel
revenue and economic profits per vessel
would be ¥$2,416 and ¥$24,
respectively. Individual fishing
businesses, however, may experience
varying levels of economic effects,
depending on their fishing practices,
operating characteristics, and profit
maximization strategies.
E:\FR\FM\13JYP1.SGM
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Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Proposed Rules
44769
TABLE 2—PROPOSED COMMERCIAL ALLOCATION, WITH CHANGES IN COMMERCIAL ACL, EX-VESSEL REVENUE, AND
ECONOMIC PROFITS RELATIVE TO THE STATUS QUO COMMERCIAL ACL OF 347,301 LB (157,533 KG)
Commercial
allocation
Year
2023 .....................................................
2024 .....................................................
2025 .....................................................
2026 .....................................................
2027 .....................................................
2028 .....................................................
2029 .....................................................
2030 .....................................................
2031 .....................................................
2032+ ...................................................
ddrumheller on DSK120RN23PROD with PROPOSALS1
Commercial ACL in lb
(kg)
0.49
0.49
0.49
0.49
0.50
0.50
0.50
0.50
0.50
0.50
In addition to the changes mentioned
above, this proposed rule would reduce
the gag commercial trip limit to 300 lb
(136 kg). Under the status quo
commercial ACL, this would be
expected to reduce commercial gag
landings by 20 percent or 46,333 lb
(21,016 kg) per year. This reduction in
landings would represent an estimated
annual loss of $301,630 (2021 dollars) in
ex-vessel revenue and $3,016 in
economic profits to the commercial
sector. However, the trip limit would be
modified in conjunction with the
revised commercial ACL (Table 2) and
NMFS expects the commercial sector to
fully harvest the revised commercial
ACL, even with the reduced commercial
trip limit, at least in the beginning years
(2023–2025) of the rebuilding plan.
Therefore, these economic effects would
initially be subsumed under those
described for the proposed ACLs and
allocations (Table 2). In later years
(2026–2032), the reduced trip limit may
prevent the full harvest of the
commercial ACL, thereby reducing the
economic benefits associated with the
increasing ACLs; however, landings
rates for later years are more uncertain.
In general, reducing the commercial trip
limit, even if aggregate landings remain
the same, may reduce the economic
efficiency of individual trips which, in
turn, may have negative consequences
on economic profits. These effects
cannot be quantified with existing data.
Change in lb (kg)
relative to no
action
¥261,975 (¥118,830)
¥219,205 (¥99,430)
¥175,614 (¥79,657)
¥132,250 (¥59,988)
¥87,478 (¥39,679)
¥40,901 (¥18,552)
5,919 (2,685)
50,254 (22,795)
90,089 (40,864)
124,665 (56,547)
85,326 (38,703)
128,096 (58,103)
171,687 (77,876)
215,051 (97,545)
259,823 (117,854)
306,400 (138,981)
353,220 (160,218)
397,555 (180,328)
437,390 (198,397)
471,966 (214,080)
Three alternatives were considered for
the action to revise the ABC, based on
the SSC’s latest recommendations, and
set the total ACL and annual OY equal
to it. The first alternative, the no action
alternative, would retain the existing
ABC of 773,000 lb (350,627 kg). Under
this alternative, the total ACL and
annual OY would remain equivalent to
95 percent of the current ABC or
734,350 lb (333,096 kg). Because no
changes would be made to the current
catch limits, the first alternative would
not be expected to change fishing
practices or commercial harvests of gag,
nor would it be expected to result in
direct economic effects. This alternative
was not selected by the Council because
it would be inconsistent with their
SSCs’ latest catch limit
recommendations and the transition to
the MRIP FES, and therefore, would not
be based on the best scientific
information available.
The second alternative to the
proposed action to revise the ABC, ACL
and annual OY would adopt the revised
ABCs recommended by the SSC;
however, it would set both the total ACL
and annual OY equal to 95 percent of
the ABC. The change in pounds
between the total and commercial ACLs
under this alternative relative to the
proposed action, along with the
expected change in ex-vessel revenue
are provided in Table 3. Relative to the
proposed total ACLs and assuming no
Change in
ex-vessel
revenue
relative to
no action
(2021 dollars)
Change in
economic
profits
(2021 dollars)
¥$1,705,457
¥1,427,025
¥1,143,247
¥860,948
¥569,482
¥266,266
38,533
327,154
586,479
811,569
¥$17,055
¥14,270
¥11,432
¥8,609
¥5,695
¥2,663
385
3,272
5,865
8,116
change to the current sector allocations,
this alternative would reduce the
commercial ACL by a range of 4,479 lb
(2,032 kg) in 2023 to 24,197 lb (10,976
kg) in 2032 and subsequent years (Table
3). Assuming the commercial ACL
would be harvested in full under either
the proposed action or the second
alternative, this translates to a loss in
ex-vessel revenue of $29,156 to
$157,524 (2021 dollars) and a loss in
economic profits equal to 1 percent of
that or $292 to $1,575. The NPV of the
estimated stream of changes in ex-vessel
revenue over a 10 year period (2023
through 2032) relative to the proposed
commercial ACLs, using a 3 percent
discount rate, is ¥$777,295 (2021
dollars) and the annualized NPV during
that period would be ¥$91,123. The
average annualized NPV of changes in
ex-vessel revenue and economic profits
per vessel (assuming 203 affected
vessels) would be ¥$449 and ¥$4,
respectively. The Council did not select
the second alternative because they
determined it would be less effective at
achieving the objectives of the FMP and
that the current ACL monitoring
mechanisms in the South Atlantic,
coupled with the existing and proposed
management measures, would be
sufficient at preventing overages, thus
not requiring a buffer between the ABC
and total ACL.
TABLE 3—DIFFERENCES IN TOTAL ACL, COMMERCIAL ACL, AND EX-VESSEL REVENUE UNDER THE SECOND ALTERNATIVE
TO THE PROPOSED ACTION TO REVISE THE ABC, ACL, AND ANNUAL OY
Year
2023 .....
2024 .....
VerDate Sep<11>2014
Proposed total
ACL in lb
(kg)
Total ACL under
alternative 2 in lb
(kg)
175,632 (79,665)
261,171 (118,465)
16:27 Jul 12, 2023
Jkt 259001
Difference in total
ACL in lb
(kg)
¥8,782 (¥3,983)
¥13,059 (¥5,923)
166,850 (75,682)
248,112 (112,542)
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Difference in
commercial ACL in lb
(kg) using current
allocation of
51 percent
¥4,479 (¥2,032)
¥6,660 (¥3,021)
E:\FR\FM\13JYP1.SGM
13JYP1
Change in potential
ex-vessel revenue
(2021 dollars)
¥$29,156
¥43,356
44770
Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Proposed Rules
TABLE 3—DIFFERENCES IN TOTAL ACL, COMMERCIAL ACL, AND EX-VESSEL REVENUE UNDER THE SECOND ALTERNATIVE
TO THE PROPOSED ACTION TO REVISE THE ABC, ACL, AND ANNUAL OY—Continued
Proposed total
ACL in lb
(kg)
Year
2025 .....
2026 .....
2027 .....
2028 .....
2029 .....
2030 .....
2031 .....
2032+ ...
348,352
435,081
524,625
617,778
711,419
800,088
879,758
948,911
Total ACL under
alternative 2 in lb
(kg)
(158,010)
(197,349)
(237,966)
(280,219)
(322,694)
(362,914)
(399,052)
(430,419)
330,934
413,327
498,394
586,889
675,848
760,084
835,770
901,465
The third alternative to the proposed
action to revise the ABC, ACL and
annual OY would adopt the revised
ABCs recommended by the SSC;
however, it would set both the total ACL
and annual OY equal to 90 percent of
the ABC. The change in pounds
between the total and commercial ACLs
under this alternative relative to the
proposed action, along with the
expected change in ex-vessel revenue
are provided in Table 4. Relative to the
proposed total ACLs and assuming no
change to the current sector allocations,
this alternative would reduce the
commercial ACL by a range of 8,957 lb
(150,109)
(187,482)
(226,068)
(266,208)
(306,559)
(344,768)
(379,099)
(408,898)
Difference in total
ACL in lb
(kg)
Difference in
commercial ACL in lb
(kg) using current
allocation of
51 percent
¥17,418 (¥7,901)
¥21,754 (¥9,867)
¥26,231 (¥11,898)
¥30,889 (¥14,011)
¥35,571 (¥16,135)
¥40,004 (¥18,146)
¥43,988 (¥19,953)
¥47,446 (¥21,521)
(4,063 kg) in 2023 to 48,394 lb (21,951
kg) in 2032 and subsequent years (Table
4). Assuming the commercial ACL
would be harvested in full under either
the proposed action or the third
alternative, this translates to a loss in
ex-vessel revenue of $58,312 to
$315,048 (2021 dollars) and a loss in
economic profits equal to 1 percent of
that or $583 to $3,150. The NPV of the
estimated stream of changes in ex-vessel
revenue over a 10 year period (2023
through 2032) relative to the proposed
commercial ACLs, using a 3 percent
discount rate, is ¥$1.6 million (2021
dollars) and the annualized NPV during
Change in potential
ex-vessel revenue
(2021 dollars)
¥8,883 (¥4,029)
¥11,095 (¥5,033)
¥13,378 (¥6,068)
¥15,753 (¥7,145)
¥18,141 (¥8,229)
¥20,402 (¥9,254)
¥22,434 (¥10,176)
¥24,197 (¥10,976)
¥57,828
¥72,226
¥87,090
¥102,554
¥118,099
¥132,819
¥146,044
¥157,524
that period would be ¥$182,245. The
average annualized NPV of changes in
ex-vessel revenue and economic profits
per vessel (assuming 203 affected
vessels) would be ¥$898 and ¥$9,
respectively. The Council did not select
the third alternative because they
determined it would be less effective at
achieving the objectives of the FMP and
that the current monitoring mechanisms
in the South Atlantic, coupled with the
existing and proposed management
measures, would be sufficient at
preventing overages, thus not requiring
a buffer between the ABC and total ACL.
TABLE 4—DIFFERENCES IN TOTAL ACL, COMMERCIAL ACL, AND EX-VESSEL REVENUE UNDER THE THIRD ALTERNATIVE
TO THE PROPOSED ACTION TO REVISE THE ABC, ACL, AND ANNUAL OY
Year
ddrumheller on DSK120RN23PROD with PROPOSALS1
2023 .......................................
2024 .......................................
2025 .......................................
2026 .......................................
2027 .......................................
2028 .......................................
2029 .......................................
2030 .......................................
2031 .......................................
2032+ .....................................
175,632 (79,665)
261,171 (118,465)
348,352 (158,010)
435,081 (197,349)
524,625 (237,966)
617,778 (280,219)
711,419 (322,694)
800,088 (362,914)
879,758 (399,052)
948,911 (430,419)
Four alternatives were considered for
the proposed action to revise the gag
sector allocations and sector ACLs. The
first alternative, the no action
alternative, would retain the current
commercial and recreational sector
allocations as 51 percent and 49
percent, respectively, of the revised total
ACL for gag. Relative to the proposed
allocation, this alternative, when
applied to the proposed total ACLs in
Table 1, would result in an increase in
VerDate Sep<11>2014
16:27 Jul 12, 2023
Total ACL under
Alternative 3 in lb
(kg)
Proposed total
ACL in lb (kg)
Jkt 259001
158,069 (71,699)
235,054 (106,619)
313,517 (142,209)
391,573 (177,615)
472,163 (214,170)
556,000 (252,197)
640,277 (290,425)
720,079 (326,622)
791,782 (359,146)
854,020 (387,377)
Difference in
total ACL in lb (kg)
Difference in
commercial ACL
in lb (kg) using
current allocation
of 51 percent
¥17,563 (¥7,966)
¥26,117 (¥11,846)
¥34,835 (¥15,801)
¥43,508 (¥19,735)
¥52,463 (¥23,797)
¥61,778 (¥28,022)
¥71,142 (¥32,269)
¥80,009 (¥36,291)
¥87,976 (¥39,905)
¥94,891 (¥43,042)
¥8,957 (¥4,063)
¥13,320 (¥6,042)
¥17,766 (¥8,059)
¥22,189 (¥10,065)
¥26,756 (¥12,136)
¥31,507 (¥14,291)
¥36,282 (¥16,457)
¥40,804 (¥18,508)
¥44,868 (¥20,352)
¥48,394 (¥21,951)
ex-vessel revenue that ranges from
$27,641 ($136 per vessel) in 2023 to
$77,983 ($384 per vessel) in 2032 (Table
5). The NPV of the estimated stream of
changes in ex-vessel revenue over a 10
year period (2023 through 2032) relative
to the proposed allocation, using a 3
percent discount rate, is $443,067 (2021
dollars) and the annualized NPV during
that period would be $51,941. The
average annualized NPV of changes in
ex-vessel revenue and economic profits
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Change in
potential
ex-vessel
revenue
(2021 dollars)
¥$58,312
¥86,711
¥115,656
¥144,451
¥174,181
¥205,108
¥236,198
¥265,637
¥292,088
¥315,048
per vessel (assuming 203 affected
vessels) would be $256 and $3,
respectively. The Council did not select
the first alternative because they
determined other proposed alternatives
provided allocation methods that
incorporated more recent landings and
were therefore a better representation of
the gag portion of the snapper-grouper
fishery moving forward. These
allocation methods also provided better
fairness and equity between the sectors.
E:\FR\FM\13JYP1.SGM
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Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Proposed Rules
44771
TABLE 5—COMPARISON OF COMMERCIAL ALLOCATION, COMMERCIAL ACL, AND EX-VESSEL REVENUE UNDER THE FIRST
ALTERNATIVE TO THE PROPOSED ALLOCATION
Proposed
commercial
allocation
Year
2023 .........................................................................
2024 .........................................................................
2025 .........................................................................
2026 .........................................................................
2027 .........................................................................
2028 .........................................................................
2029 .........................................................................
2030 .........................................................................
2031 .........................................................................
2032+ .......................................................................
The second alternative to the
proposed allocation would use the
distribution of landings from 1999
through 2003 to set the commercial and
recreational sector allocations at 36.37
percent and 63.63 percent, respectively,
of the revised total ACL for gag. Relative
to the proposed allocation, this
alternative, when applied to the
proposed total ACLs, would result in a
decrease in ex-vessel revenue that
ranges from $139,631 ($688 per vessel)
Alternative 1
to proposed
allocation
0.49
0.49
0.49
0.49
0.50
0.50
0.50
0.50
0.50
0.50
0.51
0.51
0.51
0.51
0.51
0.51
0.51
0.51
0.51
0.51
Commercial ACL in
lb (kg) under
alternative 1
allocation
89,572 (40,629)
133,197 (60,417)
177,660 (80,585)
221,891 (100,648)
267,559 (121,363)
315,067 (142,912)
362,824 (164,574)
408,045 (185,086)
448,677 (203,516)
483,945 (219,514)
in 2023 to $825,774 ($4,068 per vessel)
in 2032 (Table 6). The NPV of the
estimated stream of changes in ex-vessel
revenue over a 10 year period (2023
through 2032) relative to the proposed
allocation, using a 3 percent discount
rate, is ¥$4.02 million (2021 dollars)
and the annualized NPV during that
period would be ¥$470,854. The
average annualized NPV of changes in
ex-vessel revenue and economic profits
per vessel (assuming 203 affected
Change in
commercial
ACL in lb
(kg) under
alternative 1
allocation
4,246
5,101
5,973
6,840
7,736
8,667
9,604
10,490
11,287
11,979
(1,926)
(2,314)
(2,709)
(3,103)
(3,509)
(3,931)
(4,356)
(4,758)
(5,120)
(5,434)
Change in
potential
ex-vessel
revenue
(2021 dollars)
$27,641
33,208
38,884
44,528
50,361
56,422
62,522
68,290
73,478
77,983
vessels) would be ¥$2,319 and ¥$23,
respectively. The Council did not select
the second alternative because they
determined other alternatives provided
allocation methods that incorporated
more recent landings and were therefore
a better representation of the gag portion
of the snapper-grouper fishery moving
forward. These allocation methods also
provided better fairness and equity
between the sectors.
TABLE 6—COMPARISON OF COMMERCIAL ALLOCATION, COMMERCIAL ACL, AND EX-VESSEL REVENUE UNDER THE
SECOND ALTERNATIVE TO THE PROPOSED ALLOCATION
Proposed
commercial
allocation
Year
ddrumheller on DSK120RN23PROD with PROPOSALS1
2023
2024
2025
2026
2027
2028
2029
2030
Alternative 2
to proposed
allocation
Commercial ACL in
lb (kg) under
alternative 2
allocation
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
0.49
0.49
0.49
0.49
0.50
0.50
0.50
0.50
0.3637
0.3637
0.3637
0.3637
0.3637
0.3637
0.3637
0.3637
63,877 (28,974)
94,988 (43,086)
126,696 (57,468)
158,239 (71,776)
190,806 (86,548)
224,686 (101,916)
258,743 (117,364)
290,992 (131,992)
2031 .................................................................
0.50
0.3637
319,968 (145,135)
2032+ ...............................................................
0.50
0.3637
345,119 (156,543)
The third alternative to the proposed
allocation would set the commercial
and recreational sector allocations as
43.06 percent and 56.94 percent,
respectively, of the revised total ACL for
gag. These allocations would be based
on historical landings information that
are equally-weighted for the periods of
1986 through 2008 and 2006 through
2008. Relative to the proposed
allocation, this alternative, when
applied to the proposed total ACLs,
VerDate Sep<11>2014
16:27 Jul 12, 2023
Jkt 259001
would result in a decrease in ex-vessel
revenue that ranges from $63,140 ($311
per vessel) in 2023 to $412,506 ($2,032
per vessel) in 2032 (Table 7). The NPV
of the estimated stream of changes in exvessel revenue over a 10 year period
(2023 through 2032) relative to the
proposed allocation, using a 3 percent
discount rate, is ¥$1.98 million (2021
dollars) and the annualized NPV during
that period would be ¥$231,791. The
average annualized NPV of changes in
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Change in
commercial ACL in
lb (kg) under
alternative 2
allocation
¥21,449 (¥9,729)
¥33,108 (¥15,018)
¥44,991 (¥20,408)
¥56,812 (¥25,769)
¥69,017 (¥31,306)
¥81,714 (¥37,065)
¥94,477 (¥42,854)
¥106,563
(¥48,336)
¥117,422
(¥53,262)
¥126,847
(¥57,537)
Change in
potential
ex-vessel
revenue
(2021 dollars)
¥$139,631
¥215,534
¥292,894
¥369,846
¥449,300
¥531,959
¥615,045
¥693,725
¥764,417
¥825,774
ex-vessel revenue and economic profits
per vessel (assuming 203 affected
vessels) would be ¥$1,142 and ¥$11,
respectively. This allocation method
uses the allocation formula often used
for unassessed stocks, and while this
method has been used for some assessed
stocks, the Council decided that the
years used in this allocation formula
would not be the most representative of
the gag portion of the snapper-grouper
fishery moving forward.
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TABLE 7—COMPARISON OF COMMERCIAL ALLOCATION, COMMERCIAL ACL, AND EX-VESSEL REVENUE UNDER THE THIRD
ALTERNATIVE TO THE PROPOSED ALLOCATION
Proposed
commercial
allocation
Year
2023 .................................................................
2024 .................................................................
2025 .................................................................
2026 .................................................................
2027 .................................................................
2028 .................................................................
2029 .................................................................
2030 .................................................................
2031 .................................................................
2032+ ...............................................................
The fourth alternative to the proposed
allocation would set gag sector
allocations and sector ACLs in 2023
proportional to each sector’s share of
total average landings (commercial and
recreational combined) from 2017
through 2019. In subsequent years, as
the total ACL increases, the total ACL
poundage increase would be split
equally between both sectors and added
to each sector’s ACL from the previous
year. This, in effect, would gradually
shift the allocation percentages. The
Alternative 3
to proposed
allocation
0.49
0.49
0.49
0.49
0.50
0.50
0.50
0.50
0.50
0.50
0.4306
0.4306
0.4306
0.4306
0.4306
0.4306
0.4306
0.4306
0.4306
0.4306
Commercial ACL in
lb (kg) under
alternative 3
allocation
75,627 (34,304)
112,460 (51,011)
150,000 (68,039)
187,346 (84,979)
225,904 (102,468)
266,015 (120,662)
306,337 (138,952)
344,518 (156,271)
378,824 (171,832)
408,601 (185,338)
2032 values would remain in effect
unless changed by future management
action. Relative to the proposed
allocation, this alternative, when
applied to the proposed total ACLs,
would result in an annual decrease in
ex-vessel revenue of approximately
$110,969 ($547 per vessel) (Table 8).
The NPV of the estimated stream of
changes in ex-vessel revenue over a 10
year period (2023 through 2032) relative
to the proposed allocation, using a 3
percent discount rate, is ¥$946,558
Change in
commercial ACL in
lb (kg) under
alternative 3
allocation
¥9,699 (¥4,399)
¥15,636 (¥7,092)
¥21,687 (¥9,837)
¥27,705 (¥12,567)
¥33,919 (¥15,385)
¥40,385 (¥18,318)
¥46,883 (¥21,266)
¥53,037 (¥24,057)
¥58,566 (¥26,565)
¥63,365 (¥28,742)
Change in
potential
ex-vessel
revenue
(2021 dollars)
¥$63,140
¥101,789
¥141,180
¥180,360
¥220,816
¥262,905
¥305,208
¥345,272
¥381,266
¥412,506
(2021 dollars) and the annualized NPV
during that period would be ¥$110,965.
The average annualized NPV of changes
in ex-vessel revenue and economic
profits per vessel (assuming 203 affected
vessels) would be ¥$547 and ¥$5,
respectively. The Council did not select
the fourth alternative because they
decided the years of average landings
used in this method did not best
represent the gag portion of the snappergrouper fishery.
TABLE 8—COMPARISON OF COMMERCIAL ALLOCATION, COMMERCIAL ACL, AND EX-VESSEL REVENUE UNDER THE
FOURTH ALTERNATIVE TO THE PROPOSED ALLOCATION
Proposed
commercial
allocation
Year
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2023 .................................................................
2024 .................................................................
2025 .................................................................
2026 .................................................................
2027 .................................................................
2028 .................................................................
2029 .................................................................
2030 .................................................................
2031 .................................................................
2032+ ...............................................................
Five alternatives were considered for
the proposed action to reduce the
commercial trip limit to 300 lb (136 kg).
The first alternative, the no action
alternative, would retain the current trip
limit, which is 1,000 lb (454 kg) until 75
percent of the commercial ACL is met
and then 500 lb (227 kg) for the
remainder of the fishing year or until
the commercial ACL is met. Therefore,
it would not be expected to change
fishing practices or commercial harvests
of gag, nor would it be expected to
result in direct economic effects. This
alternative was not selected by the
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Alternative 4
to proposed
allocation
0.49
0.49
0.49
0.49
0.50
0.50
0.50
0.50
0.50
0.50
0.39
0.43
0.44
0.46
0.46
0.47
0.47
0.48
0.48
0.48
Commercial ACL in
lb (kg) under
alternative 4
allocation
68,281 (30,972)
111,051 (50,372)
154,641 (70,144)
198,006 (89,814)
242,778 (110,122)
289,354 (131,249)
336,175 (152,486)
380,509 (172,596)
420,344 (190,665)
454,921 (206,349)
Council because it would likely result in
a short fishing season and limited
availability of gag for seafood
consumers. Additionally, the Council
did not think that the commercial trip
limit step-down would be able to be
effectively implemented in a timely
manner, particularly in the first several
years of the rebuilding plan.
The second alternative to the
proposed commercial trip limit of 300 lb
(136 kg) would set the commercial trip
limit at 200 lb (91 kg). Under the status
quo commercial ACL, this would be
expected to reduce commercial gag
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Change in
commercial ACL in
lb (kg) under
alternative 4
allocation
¥17,045
¥17,045
¥17,046
¥17,045
¥17,045
¥17,046
¥17,045
¥17,046
¥17,046
¥17,045
(¥7,731)
(¥7,731)
(¥7,732)
(¥7,731)
(¥7,731)
(¥7,732)
(¥7,731)
(¥7,732)
(¥7,732)
(¥7,731)
Change in
potential
ex-vessel
revenue
(2021 dollars)
¥$110,963
¥110,963
¥110,969
¥110,963
¥110,963
¥110,969
¥110,963
¥110,969
¥110,969
¥110,963
landings by 32 percent or 74,133 lb
(33,626 kg) per year. Relative to the
proposed commercial trip limit, this
alternative would result in an estimated
annual reduction in ex-vessel revenue
that is $180,978 (2021 dollars) greater
and an annual reduction in economic
profits that is $1,810 greater. However,
because the trip limit would be
modified in conjunction with the
revised commercial ACL (Table 2) and
NMFS expects the commercial sector to
fully harvest the revised ACL even with
a 200 lb (91 kg) commercial trip limit,
at least in the beginning years of the
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rebuilding plan, these economic effects
would initially be subsumed under
those described for the proposed
commercial ACLs and allocations. In
later years, the lower trip limit may
prevent the full harvest of the
commercial ACL, thereby reducing the
economic benefits associated with the
increasing commercial ACLs; however,
landings rates for later years are more
uncertain and these effects cannot be
quantified with existing data. In general,
a lower commercial trip limit may
reduce economic efficiency on trips,
which may lead to a reduction in
economic profits. This alternative was
not selected by the Council because a
200 lb (91 kg) trip limit would make
trips to catch gag too costly and
inefficient.
The third alternative to the proposed
commercial trip limit action would set
the commercial trip limit at 400 lb (181
kg). Under the status quo commercial
ACL, this would be expected to reduce
commercial gag landings by 13 percent
or 30,117 lb (13,661 kg) per year.
Relative to the proposed commercial
trip limit, this alternative would result
in an estimated annual reduction in exvessel revenue that is $105,571 (2021
dollars) less and an annual reduction in
economic profits that is $1,056 less.
However, because the trip limit would
be modified in conjunction with the
revised commercial ACL (Table 2) and
NMFS expects the commercial sector to
fully harvest the revised ACL even with
the reduced commercial trip limit, at
least in the beginning years of the
rebuilding plan, these economic effects
would initially be subsumed under
those described for the proposed
commercial ACLs and allocations. In
later years, a higher trip limit may lead
to better utilization of the ACL and
greater economic efficiency, thereby
increasing the economic benefits
associated with the increasing
commercial ACLs. However, landings
rates for later years are more uncertain
and these effects cannot be quantified
with existing data. This alternative was
not selected by the Council because it
would not constrain harvest to ensure
the longest commercial season possible
under the proposed reduced catch
levels.
The fourth alternative to the proposed
commercial trip limit action would set
the commercial trip limit at 500 lb (227
kg). Under the status quo commercial
ACL, this would be expected to reduce
commercial gag landings by 8 percent or
18,533 lb (8,406 kg) per year. Relative to
the proposed commercial trip limit, this
alternative would result in an estimated
annual reduction in ex-vessel revenue
that is $180,978 less and an annual
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Jkt 259001
reduction in economic profits that is
$1,810 less. However, because the trip
limit would be modified in conjunction
with the revised commercial ACL (Table
2) and because NMFS expects the
commercial sector to fully harvest the
revised ACL even with the reduced
commercial trip limit, at least in the
beginning years of the rebuilding plan,
these economic effects would initially
be subsumed under those described for
the proposed commercial ACLs and
allocations. In later years, the higher trip
limit may lead to better utilization of the
ACL and greater economic efficiency,
thereby increasing the economic
benefits associated with the increasing
commercial ACLs. However, landings
rates for later years are more uncertain
and these effects cannot be quantified
with existing data. This alternative was
not selected by the Council because it
would not constrain harvest to ensure
the longest commercial season possible
under the proposed reduced catch
levels.
The fifth and final alternative to the
proposed commercial trip limit action
would reduce the gag commercial trip
limit to 300 lb (136 kg) in 2023 then
increase the commercial trip limit to
500 lb (227 kg) in 2026 and to 1,000 lb
(454 kg) in 2027 and subsequent years.
In 2023 through 2025, the commercial
trip limit under this alternative would
be the same as the proposed commercial
trip limit and therefore would have
equivalent economic effects during
those years. In 2026, the trip limit
would be set 200 lb (91 kg) greater than
the proposed trip limit and in 2027, and
subsequent years it would be 700 lb
(318 kg) greater than the proposed trip
limit. These incremental increases may
allow for greater utilization of the
proposed commercial ACLs and greater
economic efficiency, leading to
potential increases in economic profits;
however, the economic effects cannot be
quantified with available data given
uncertainty in future commercial
landings rates. This alternative was not
selected by the Council because it
would increase the trip limit in the
years specified, regardless of rebuilding
success and could have negative longterm effects for the fishery. The Council
decided that if it was appropriate to
increase the commercial trip limit for
gag in the future, this could be done
through a framework action to the FMP
after data on rebuilding are provided.
No duplicative, overlapping, or
conflicting Federal rules have been
identified. In addition, no new
reporting, record-keeping, or other
compliance requirements are introduced
by this proposed rule. This proposed
rule contains no information collection
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requirements under the Paperwork
Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Accountability measures, Annual
catch limits, Black grouper,
Commercial, Fisheries, Fishing, Gag,
Recreational, South Atlantic.
Dated: July 6, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS proposes to amend 50
CFR part 622 as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.187, revise paragraph
(b)(2)(i) to read as follows:
■
§ 622.187
Bag and possession limits.
*
*
*
*
*
(b) * * *
(2) * * *
(i) No more than one fish may be gag
or black grouper, combined. However,
no gag or black grouper may be retained
by the captain or crew of a vessel
operating as a charter vessel or
headboat. The bag limit for such captain
and crew is zero;
(A) In addition to the bag limits
specified in paragraph (b)(2)(i) of this
section, for gag, the vessel limit for a
vessel operating as a private recreational
vessel may not exceed 2 fish per vessel
per day.
(B) In addition to the bag limits
specified in paragraph (b)(2)(i) of this
section, for gag, the vessel limit for a
vessel operating as a charter vessel or
headboat may not exceed 2 fish per
vessel per trip.
(C) In addition to the bag limits
specified in paragraph (b)(2)(i) of this
section, for black grouper, the vessel
limit for a vessel operating as a private
recreational vessel may not exceed 2
fish per vessel per day.
(D) In addition to the bag limits
specified in paragraph (b)(2)(i) of this
section, for black grouper, the vessel
limit for a vessel operating as a charter
vessel or headboat may not exceed 2
fish per vessel per trip.
*
*
*
*
*
■ 3. In § 622.190, revise (a) introductory
text and paragraph (a)(7) to read as
follows:
§ 622.190
*
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*
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Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 / Proposed Rules
(a) South Atlantic snapper-grouper,
excluding wreckfish. The quotas apply
to persons who are not subject to the bag
limits. (See § 622.11 for applicability of
the bag limits.) The quotas are in gutted
weight, that is eviscerated but otherwise
whole, except for the quotas in
paragraphs (a)(4) through (6) of this
section which are in both gutted weight
and round weight.
*
*
*
*
*
(7) Gag.
(i) For the 2023 fishing year—85,326
lb (38,703 kg).
(ii) For the 2024 fishing year—128,096
lb (58,103 kg).
(iii) For the 2025 fishing year—
171,687 lb (77,876 kg).
(iv) For the 2026 fishing year—
215,051 lb (97,545 kg).
(v) For the 2027 fishing year—259,823
lb (117,854 kg).
(vi) For the 2028 fishing year—
306,400 lb (138,981 kg).
(vii) For the 2029 fishing year—
353,220 lb (160,218 kg).
(viii) For the 2030 fishing year—
397,555 lb (180,328 kg).
(ix) For the 2031 fishing year—
437,390 lb (198,397 kg).
(x) For the 2032 and subsequent
fishing years—471,966 lb (214,080 kg).
*
*
*
*
*
■ 4. In § 622.191, revise paragraph (a)(7)
to read as follows:
§ 622.191
Commercial trip limits.
*
*
*
*
(a) * * *
(7) Gag. Until the applicable
commercial quota specified
§ 622.190(a)(7) is reached—300 lb (136
kg), gutted weight. See § 622.190(c)(1)
for the limitations regarding gag after
the commercial quota is reached.
*
*
*
*
*
■ 5. In § 622.193, revise paragraph (c) to
read as follows:
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*
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§ 622.193 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(c) Gag—
(1) Commercial sector.
(i) If commercial landings for gag, as
estimated by the SRD, reach or are
projected to reach the commercial ACL
(commercial quota) specified in
§ 622.190(a)(7), the AA will file a
notification with the Office of the
Federal Register to close the commercial
sector for gag for the remainder of the
fishing year. Applicable restrictions
after a commercial quota closure are
specified in § 622.190(c).
(ii) If the commercial landings for gag,
as estimated by the SRD, exceed the
commercial ACL specified in
§ 622.190(a)(7), and the combined
commercial and recreational ACL
specified in paragraph (c)(3) of this
section, is exceeded during the same
fishing year, and gag are overfished
based on the most recent Status of U.S.
Fisheries Report to Congress, the AA
will file a notification with the Office of
the Federal Register to reduce the
commercial ACL for that following
fishing year by the amount of the
commercial ACL overage in the prior
fishing year.
(2) Recreational sector. (i) If
recreational landings for gag, 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
notification, the bag and possession
limits for gag in or from the South
Atlantic EEZ are zero. The recreational
ACL for gag is 90,306 lb (40,962 kg),
gutted weight, for 2023; 133,075 lb
(60,362 kg), gutted weight, for 2024;
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176,665 lb (80,134 kg), gutted weight,
for 2025; 220,030 lb (99,804 kg), gutted
weight, for 2026; 264,802 lb (120,112
kg), gutted weight, for 2027; 311,378 lb
(141,239 kg), gutted weight, for 2028;
358,199 lb (162,476 kg), gutted weight,
for 2029; 402,533 lb (182,586 kg), gutted
weight, for 2030; 442,368 lb (200,655
kg), gutted weight, for 2031; 476,945 lb
(216,339 kg), gutted weight, for 2032
and subsequent years.
(ii) If recreational landings, as
estimated by the SRD, exceed the
recreational ACL specified in paragraph
(c)(2)(i) of this section, then during the
following fishing year, the AA will file
a notification with the Office of the
Federal Register to reduce the length of
the recreational fishing season by the
amount necessary to prevent the
recreational ACL from being exceeded.
NMFS will use the best scientific
information available to determine if
reducing the length of the recreational
fishing season is necessary. When the
recreational sector is closed as a result
of NMFS reducing the length of the
recreational fishing season, the bag and
possession limits for gag in or from the
South Atlantic EEZ are zero.
(3) Combined commercial and
recreational ACL. The combined
commercial and recreational ACL for
gag is 175,632 lb (79,665 kg), gutted
weight, for 2023; 261,171 lb (118,465
kg), gutted weight, for 2024; 348,352 lb
(158,010 kg), gutted weight, for 2025;
435,081 lb (192,349 kg), gutted weight,
for 2026; 524,625 lb (237,965 kg), gutted
weight, for 2027; 617,778 lb (280,219
kg), gutted weight, for 2028; 711,419 lb
(322,694 kg), gutted weight, for 2029;
800,088 lb (362,914 kg), gutted weight,
for 2030; 879,758 lb (399,052 kg), gutted
weight, for 2031; 948,911 lb (430,419
kg), gutted weight, for 2032 and
subsequent years.
*
*
*
*
*
[FR Doc. 2023–14620 Filed 7–12–23; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 88, Number 133 (Thursday, July 13, 2023)]
[Proposed Rules]
[Pages 44764-44774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14620]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230706-0161]
RIN 0648-BM27
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic; Amendment 53
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations to implement Amendment 53 to the
Fishery Management Plan for the Snapper-Grouper Fishery of the South
Atlantic (FMP), as prepared and submitted by the South Atlantic Fishery
Management Council (Council). For gag, this proposed rule would revise
the sector annual catch limits (ACLs), commercial trip limits,
recreational bag, vessel, and possession limits, and recreational
accountability measures (AMs). For black grouper, this proposed rule
would revise the recreational bag, vessel, and possession limits. In
addition, Amendment 53 would establish a rebuilding plan, and revise
the overfishing levels, acceptable biological catch (ABC), annual
optimum yield (OY), and sector allocations for gag. The purpose of this
proposed rule and Amendment 53 is to end overfishing of gag, rebuild
the stock, and achieve OY while minimizing, to the extent practicable,
adverse social and economic effects.
DATES: Written comments must be received on or before August 14, 2023.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2023-0045,'' 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-2023-0045'', in the Search
box. Click the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
Mail: Submit written comments to Frank Helies, 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 53, 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/action/amendment-53-rebuilding-plan-gag-and-management-gag-and-black-grouper/.
FOR FURTHER INFORMATION CONTACT: Frank Helies, telephone: 727-824-5305,
or email: [email protected].
SUPPLEMENTARY INFORMATION: The South Atlantic snapper-grouper fishery,
which includes gag and black grouper, is managed under the FMP. The FMP
was prepared by the Council and implemented 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 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.
All weights described in this proposed rule are in gutted weight,
unless otherwise specified.
In 2006, the gag stock was assessed through the Southeast Data,
Assessment, and Review (SEDAR) process as a benchmark assessment (SEDAR
10). The assessment indicated that the gag stock was not overfished but
was undergoing overfishing. The Council and NMFS implemented management
measures, including implementing a spawning season closure to end
overfishing through the final rule for Amendment 16 to the FMP (74 FR
30964, July 29, 2009).
In 2014, the gag stock was assessed again through the SEDAR 10
Update as a standard assessment. The assessment indicated that the gag
stock was not overfished but was still experiencing overfishing.
However, the Council's Scientific and Statistical Committee (SSC) noted
that the fishing mortality rate for 2012, and the projected fishing
mortality rate in 2013, based on the actual landings, suggested that
overfishing did not occur in 2012 and 2013. Consequently, NMFS
determined that the gag stock was not undergoing overfishing. In
response to the SEDAR 10 Update, the Council and NMFS modified the ACLs
and management measures through the final rule for Regulatory Amendment
22 to the FMP (80 FR 48277, August 12, 2015).
Amendment 53 responds to the most recent stock assessment for South
Atlantic gag (SEDAR 71 2021). The Council's SSC reviewed the gag stock
[[Page 44765]]
assessment (SEDAR 71 2021) at their June 2021 meeting. The assessment
followed a standard approach using data through 2019, and incorporated
the revised estimates for recreational catch from the Marine
Recreational Information Program (MRIP) Fishing Effort Survey (FES).
The findings of the assessment indicated that the South Atlantic gag
stock is overfished and undergoing overfishing. The SSC found that the
assessment was conducted using the best scientific information
available, was adequate for determining stock status and supporting
total fishing level recommendations. NMFS notified the Council of the
updated status of the gag stock via letter dated July 23, 2021.
Following a notification from NMFS to a Council that a stock is
undergoing overfishing and is overfished, the Magnuson-Stevens Act
requires the Council to develop an FMP amendment with actions that
immediately end overfishing and rebuild the affected stock. The Council
developed Amendment 53 to respond to the results of SEDAR 71.
The Council requested several different rebuilding projections for
the gag stock including a 50 percent and a 70 percent probability of
rebuilding under recent low recruitment and longer-term modeled
recruitment scenarios. The SSC recommended ABC values based on a 70
percent probability of rebuilding in 10 years and recruitment based on
the long-term recruitment scenario from SEDAR 71. However, in March
2023, the NMFS Southeast Fisheries Science Center advised the Council
that unless gag discards were reduced in similar proportion to the
reduction in landings, the probability of rebuilding would be below the
expected 70 percent probability of rebuilding but still be above 50
percent, as required under the Magnuson-Stevens Act. The Council
accepted the SSC's recommended ABC values, as discussed below.
In Amendment 53, the Council would also revise the overfishing
limit (OFL) for gag, and update other biological reference points.
Amendment 53 would set the OFL to 367,235 lb (166,575 kg), for 2023;
494,338 lb (224,228 kg), for 2024; 605,227 lb (274,526 kg), for 2025;
706,366 lb (320,402 kg), for 2026; 808,266 lb (366,623 kg), for 2027;
912,033 lb (413,691 kg), for 2028; 1,011,133 lb (458,642 kg), for 2029;
1,098,379 lb (498,216 kg), for 2030; 1,171,120 lb (531,211 kg), for
2031; and 1,230,363 lb (558,083 kg), for 2032 and subsequent fishing
years.
The Council intends that Amendment 53 would end overfishing of
South Atlantic gag, rebuild the stock, and achieve OY while minimizing,
to the extent practicable, adverse social and economic effects.
Management Measures Contained in This Proposed Rule
This proposed rule would revise the sector ACLs, commercial trip
limits, recreational bag, vessel, and possession limits, and
recreational AMs for gag. Because gag and black grouper are often
misidentified by recreational fishermen, this proposed rule would also
address recreational vessel limits and a prohibition on captain and
crew bag limit retention for black grouper.
Total ACLs
Through the final rule for Regulatory Amendment 22 to the FMP, the
current total ACL and annual OY were set at 734,350 lb (333,095 kg),
which is 95 percent of the current ABC (80 FR 48277, August 12, 2015).
In Amendment 53, the Council would revise the ABC based on SEDAR 71 and
the recommendation of the SSC, and set the ABC, ACL, and annual OY
equal to each other.
This proposed rule would revise the total ACL (and the annual OY)
equal to the recommended ABC of 175,632 lb (79,665 kg), for 2023;
261,171 lb (118,465 kg), for 2024; 348,352 lb (158,010 kg), for 2025;
435,081 lb (197,349 kg), for 2026; 524,625 lb (237,966 kg), for 2027;
617,778 lb (280,219 kg), for 2028; 711,419 lb (322,694 kg), for 2029;
800,088 lb (362,914 kg), for 2030; 879,758 lb (399,052 kg), for 2031;
and 948,911 lb (430,419 kg), for 2032 and subsequent fishing years.
Sector Allocations and ACLs
Amendment 53 would revise the commercial and recreational
allocations for gag. The current sector ACLs for gag are based on the
commercial and recreational allocations of the total ACL at 51 percent
and 49 percent, respectively, that were established through Amendment
16 to the FMP (74 FR 30964, July 29, 2009). The Council used the
distribution of landings from 1999 through 2003 to determine the
existing allocations.
In Amendment 53, the Council would adjust the commercial and
recreational sector allocations based on a unique allocation formula
(``split reduction method'') that also accounts for the revisions to
the calibrated recreational landings estimates from the MRIP FES. This
method would implement the reductions in total harvest needed to
achieve the new total ACL proportionally for each sector, based upon
the distribution of landings under more recent time periods that the
Council determined better reflect the way the fishery is currently
operating. The Council chose the 5-year average of commercial and
recreational (FES) landings from 2015 through 2019, and split the
reduction needed to achieve the new reduced ACL in 2023 proportionally
among the sectors. Then in each subsequent year throughout the
rebuilding plan, as the ACL increases, the ACL poundage increase is
allocated equally between both sectors and added to each sector's
respective ACL from the previous year. The proposed adjustments would
result in allocation percentages of 49 percent commercial and 51
percent recreational for 2023 through 2026. Each year thereafter would
be a 50 percent commercial and 50 percent recreational allocation.
The Council determined that the preferred sector allocation method
in Amendment 53 more fairly deals with the initial reduction in
landings that results from the updated catch levels, and reduces the
proportion of each sector's allowable catch based on recent landings so
that the effect on each sector is more equitable. Similarly, the
Council noted that the new allocations would achieve a balance between
the needs of both sectors and also increase each sector's allowable
catch proportionately on a poundage basis throughout the rebuilding
plan. The Council determined that the new method distributes both
overfishing restrictions and recovery benefits for gag fairly and
equitably among both sectors. Thus, the Council considers this
allocation method to be fair and equitable to fishery participants in
both the commercial and recreational sectors. In addition, this
allocation method is also reasonably calculated to promote
conservation, since it achieves OY while it remains within the
boundaries of a total ACL that is based upon an ABC recommendation that
would end overfishing and rebuild the stock, incorporating the best
scientific information available.
The current commercial ACL for gag is 347,301 lb (157,533 kg) and
was implemented through Amendment 16 to the FMP (74 FR 30964, July 29,
2009). The commercial ACLs in this proposed rule would be 85,326 lb
(38,703 kg), for 2023; 128,096 (58,103 kg), for 2024; 171,687 (77,876
kg), for 2025; 215,051 (97,545 kg), for 2026; 259,823 (117,854 kg), for
2027; 306,400 (138,981 kg), for 2028; 353,220 (160,218 kg), for 2029;
397,555 (180,328 kg), for 2030; 437,390 (198,397 kg), for 2031; and
471,966 lb (214,080 kg), for 2032 and subsequent years.
[[Page 44766]]
The current recreational ACL for gag is 359,832 lb (172,807 kg) and
was implemented through Amendment 16 to the FMP (74 FR 30964, July 29,
2009). The recreational ACLs in this proposed rule would be 90,306 lb
(40,962 kg), for 2023; 133,075 lb (60,362 kg), for 2024; 176,665 lb
(80,134 kg), for 2025; 220,030 lb (99,804 kg), for 2026; 264,802 lb
(120,112 kg), for 2027; 311,378 lb (141,239 kg), for 2028; 358,199 lb
(162,476 kg), for 2029; 402,533 (182,586 kg), for 2030; 442,368 lb
(200,655 kg), for 2031; and 476,945 lb (216,339 kg), for 2032 and
subsequent years.
Commercial Trip Limits
The final rule for Regulatory Amendment 14 to the FMP established
the current commercial trip limit for gag of 1,000 lb (454 kg), until
75 percent of the commercial quota is met, at which time the commercial
trip limit is reduced to 500 lb (227 kg) for the remainder of the
fishing year or until the commercial quota is met (79 FR 66316,
December 8, 2014). This proposed rule would modify the commercial trip
limit for gag to be 300 lb (136 kg), without a trip limit reduction.
Under the proposed trip limit, the Council determined that
commercial fishermen could retain a sufficient amount of gag over the
longest amount of time during a fishing year, and that it would
increase the likelihood of gag remaining open to commercial harvest and
available to consumers for as long as possible during the year.
Recreational Vessel Limits for Gag and Black Grouper
This proposed rule would establish a private recreational vessel
limit for gag and also a private recreational vessel limit for black
grouper of two fish per vessel per day, not to exceed the daily bag
limit of one fish per person per day, whichever is more restrictive.
For for-hire recreational vessels, this proposed rule would establish a
vessel limit for gag and also a vessel limit for black grouper of two
fish per vessel per trip, not to exceed the daily bag limit of one fish
per person per day, whichever is more restrictive.
There is currently no recreational vessel limit for gag or black
grouper. The current recreational bag and possession limits for gag and
black grouper in the South Atlantic, specified by Regulatory Amendment
22 to the FMP, are one fish per person per day within the three fish
aggregate for grouper and tilefish, and no more than one of those fish
may be a gag or a black grouper.
Given the substantial reduction in harvest needed to end
overfishing immediately and to increase the likelihood of rebuilding
the gag stock, the Council decided to establish recreational vessel
limits for gag that would continue to allow recreational retention and
help constrain harvest to the reduced recreational ACL. As previously
mentioned, gag and black grouper are often misidentified by
recreational fishermen. Because of these misidentification issues
between the two species, coupled with the need to greatly reduce the
harvest of gag to end overfishing and rebuild the stock, this proposed
rule would also implement recreational vessel limits to help with
harvest constraints for black grouper to indirectly benefit the gag
portion of the snapper-grouper fishery.
This proposed rule would not alter the gag or black grouper
recreational bag limits, which would remain one gag or one black
grouper per person per day within the three fish aggregate for grouper
and tilefish. This proposed rule would establish a per day gag and
black grouper recreational vessel limit for the private angling
component and a per trip gag and black grouper vessel limit for the
charter vessel and headboat (for-hire) component. These separate vessel
limits would be expected to constrain harvest for these two separate
components of the recreational sector. Because for-hire vessels may
take multiple trips in a single day, the Council determined that a per
trip maximum vessel limit would ensure equal access for new customers
on a second for-hire trip of the day by not requiring discarding of a
gag or black grouper if one was previously caught and kept by a
different customer on the first trip of a day.
Prohibition of Captain and Crew Bag Limit Retention for Gag and Black
Grouper
The captain and crew on a for-hire vessel with a Federal for-hire
snapper-grouper permit may currently retain the daily bag limit of gag
or black grouper as is allowed for each for-hire passenger. This
proposed rule would set the gag and black grouper bag limit for captain
and crew on a for-hire vessel with a Federal for-hire snapper-grouper
permit at zero. The Council determined that because of the need to
constrain the harvest of gag to the reduced recreational catch levels
and because of the misidentification issues previously discussed,
continuing to allow captain and crew to retain a daily bag limit of gag
or black grouper would increase the potential gag harvest by
recreational for-hire anglers and would prevent necessary reductions in
the harvest of gag from being achieved.
Recreational AMs
The current recreational AMs for gag were established through
Amendment 34 to the FMP (81 FR 3731, January 22, 2016). The AM includes
an in-season closure for the remainder of the fishing year if
recreational landings reach or are projected to reach the recreational
ACL, regardless of whether the stock is overfished. The recreational AM
also includes post-season adjustments. If recreational landings exceed
the recreational ACL, then during the following fishing year
recreational landings will be monitored for a persistence in increased
landings. Also, if the total ACL is exceeded and gag are overfished,
the length of the recreational fishing season and the recreational ACL
are reduced by the amount of the recreational ACL overage.
This proposed rule would revise the recreational AMs for gag. The
current in-season closure AM would be retained and the post-season
recreational AM would be revised. If recreational landings for gag
exceed the recreational ACL, the length of the following year's
recreational fishing season would be reduced by the amount necessary to
prevent the recreational ACL from being exceeded. The proposed AM would
remove the current potential duplicate AM application of a reduction in
the recreational season length and an overage adjustment (payback) of
the recreational ACL overage if the total ACL was exceeded. Under this
proposed measure, the AM trigger would not be tied to the total ACL,
but only to the recreational ACL. The proposed AM modification would
ensure that overages in the recreational sector do not in turn affect
the catch levels for the commercial sector. Any reduced recreational
season length as a result of the recreational AM being implemented
would apply to the recreational fishing season following the year of a
recreational ACL overage. Additionally, under the proposed recreational
AM, the length of the recreational season would not be reduced if the
Regional Administrator determines, using the best scientific
information available, that such is reduction is unnecessary. This
proposed rule would not revise the commercial AMs because the Council
determined that the current commercial AM remains sufficient to ensure
commercial landings would not exceed either the current or revised
commercial ACL.
[[Page 44767]]
Management Measures in Amendment 53 Not Codified by This Proposed Rule
In addition to the measures within this proposed rule, Amendment 53
would revise the OFL for gag and update other biological reference
points. Amendment 53 would also establish a rebuilding plan, and revise
the ABC, the OY, and the sector allocations for gag.
Rebuilding Plan for the South Atlantic Gag Stock
Amendment 53 would establish a 10-year rebuilding plan, which is
the longest allowable rebuilding scenario (Tmax) allowed for the gag
stock by the Magnuson-Stevens Act (16 U.S.C. 1854(e)(4)(A)). In
addition, the Magnuson-Stevens Act National Standard 1 Guidelines state
that if the stock is projected to rebuild in 10 years or less, then
Tmax is 10 years (50 CFR 600.310(j)(3)(i)(B)(1)). The Council intends
that their preferred choice of the 10-year timeframe for rebuilding in
Amendment 53 beginning in 2023 would reduce the severity of the
management measures and thus result in fewer short-term negative social
and economic impacts on fishing communities.
ABC and Annual OY
The current OFL of 825,000 lb (374,214 kg) and ABC of 773,000 lb
(350,627 kg) are inclusive of Coastal Household Telephone Survey (CHTS)
estimates of private recreational and charter landings. The Council's
SSC reviewed the latest stock assessment (SEDAR 71) and recommended new
ABC levels as determined by SEDAR 71. The assessment and associated ABC
recommendations incorporated the revised estimates for recreational
catch and effort from the MRIP Access Point Angler Intercept Survey
(APAIS) and the updated FES. MRIP began incorporating a new survey
design for APAIS in 2013 and replaced the 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 53, 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 is
more robust compared to the MRIP CHTS method. The new ABC
recommendations within Amendment 53 also represent the best scientific
information available as determined by the SSC.
The Council chose to specify OY for gag on an annual basis and set
it equal to the ABC and total ACL, in accordance with the guidance
provided in the Magnuson-Stevens Act National Standard 1 Guidelines at
50 CFR 600.310(f)(4)(iv).
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with Amendment 53, 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.
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act (RFA; 5
U.S.C. 603). NMFS has determined that this IRFA is consistent with RFA
requirements, subject to further consideration after public comment.
The IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities. A description of the action, why it is
being considered, and the legal basis for this action are contained in
the SUMMARY and SUPPLEMENTARY INFORMATION sections of the preamble. A
summary of the analysis follows. A copy of this analysis is available
from NMFS (see ADDRESSES).
This proposed rule, if implemented, would: (1) revise the gag total
ACL and sector ACLs, (2) reduce the commercial trip limit for gag, (3)
revise the gag recreational bag, vessel, and possession limits, (4)
revise the gag recreational AMs, and (5) for black grouper revise the
recreational bag, vessel, and possession limits. Item (1), the gag
total ACL and sector ACLs, 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
gag in federal waters of the South Atlantic. Item (2), the commercial
trip limit for gag, would only apply to commercial vessels. Items (3),
gag recreational bag, vessel, and possession limits; (4), gag
recreational AMs; and (5), black grouper recreational bag, vessel, and
possession limits, would only apply to for-hire vessels and
recreational anglers. None of the proposed changes would directly apply
to federally-permitted dealers. Any change in the supply of gag
available for purchase by dealers as a result of this proposed rule,
and associated economic effects, would be an indirect effect of the
proposed regulatory action and would therefore fall outside the scope
of the RFA.
Although most provisions 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 gag catch limits and gag and black
grouper management measures would not be expected to 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
the proposed rule. Based on the historically-minimal level of charter
mode target effort for gag and black grouper in the South Atlantic, the
low retention limit for these species, and the number of substitute
species available, NMFS does not expect any change in for-hire trip
demand to result from this proposed rule; however, should it occur, any
such indirect effects would fall outside the scope of the RFA. For-hire
captains and crew are currently allowed to retain gag and black grouper
under the recreational bag limits; however, they are not allowed to
sell these fish. As such, for-hire captains and crew are only affected
as recreational anglers. The RFA does not consider recreational anglers
to be entities, so they are also outside the scope of this analysis (5
U.S.C. 603). Small entities include small businesses, small
organizations, and small governmental jurisdictions (5 U.S.C. 601(6)
and 601(3)-(5)). Recreational anglers are not businesses,
organizations, or governmental jurisdictions. In summary, only the
impacts on commercial vessels will be discussed.
As of August 26, 2021, there were 579 valid or renewable South
Atlantic Snapper-Grouper unlimited permits and 112 valid or renewable
225-lb (102.1 kg) trip-limited permits. On average from 2015 through
2019, there were 203 federally-permitted commercial vessels with
reported landings of gag in the South Atlantic. Their average annual
vessel-level gross revenue from all species for 2015 through 2019 was
$67,722 (2021 dollars) and gag accounted for approximately 10 percent
of this revenue. For commercial vessels
[[Page 44768]]
that harvest gag in the South Atlantic, NMFS estimates that economic
profits are $677 (2021 dollars) or 1 percent of annual gross revenue,
on average. The maximum annual revenue from all species reported by a
single one of the vessels that harvested gag from 2015 through 2019 was
$638,709 (2021 dollars).
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (North American Industry Classification
System code 11411) is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has combined annual receipts
not in excess of $11 million for all its affiliated operations
worldwide. All of the commercial fishing businesses directly regulated
by this proposed rule are believed to be small entities based on the
NMFS size standard. No other small entities that would be directly
affected by this proposed rule have been identified.
This proposed rule would revise the gag total ACLs based on the
most recent recommendation from the SSC in response to the SEDAR 71
(2021) gag stock assessment. These catch limits would reflect a shift
in recreational reporting units from the MRIP CHTS to the MRIP FES. The
total ACL would be set equal to the ABC in each year of the rebuilding
plan according to the values provided in Table 1. The 2032 total ACL
values would remain in effect until changed by future Council action.
Relative to the current commercial ACL of 347,301 lb (157,533 kg) and
applying the current commercial sector allocation of 51 percent, the
proposed changes to the gag catch limits would result in a decrease in
the commercial ACL during 2023 and through 2028 and an increase
thereafter, as shown in Table 1. 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, estimated economic
effects to small entities are considered as part of that discussion
below.
Table 1--Proposed Total ACLs and Commercial ACLs, as Based on Current Allocation Percentages
----------------------------------------------------------------------------------------------------------------
Difference between
Commercial ACL in lb proposed and current
Year Total ACL in lb (kg) (kg) commercial ACL in lb
(kg)
----------------------------------------------------------------------------------------------------------------
2023................................. 175,632 (79,665) 89,572 (40,629) -257,729 (-116,904)
2024................................. 261,171 (118,465) 133,197 (60,417) -214,104 (-97,116)
2025................................. 348,352 (158,010) 177,660 (80,585) -169,641 (-76,948)
2026................................. 435,081 (197,349) 221,891 (100,648) -125,410 (-56,885)
2027................................. 524,625 (237,966) 267,559 (121,363) -79,742 (-36,170)
2028................................. 617,778 (280,219) 315,067 (142,912) -32,234 (-14,621)
2029................................. 711,419 (322,694) 362,824 (164,574) 15,523 (7,041)
2030................................. 800,088 (362,914) 408,045 (185,086) 60,744 (27,553)
2031................................. 879,758 (399,052) 448,677 (203,516) 101,376 (45,983)
2032+................................ 948,911 (430,419) 483,945 (219,514) 136,644 (61,981)
----------------------------------------------------------------------------------------------------------------
This proposed rule would set gag sector allocations and sector ACLs
in 2023 proportional to each sector's share of total average landings
(commercial and recreational combined) from 2015 through 2019. In
subsequent years, as the total ACL increases, the total ACL poundage
increase would be split equally between both sectors and added to each
sector's ACL from the previous year. As a result, the allocation
percentages would gradually shift over time. The 2032 values would
remain in effect unless changed by future management action. As shown
in Table 2, the combined economic effects of the proposed total ACLs in
conjunction with the proposed revisions to the commercial allocation
and ACLs, are estimated to be negative from 2023 through 2028 and
positive thereafter. These estimates assume the full commercial ACL is
harvested each year. Dividing the change in economic profits for each
year shown in Table 2 by the average number of vessels with reported
landings of gag from 2015 through 2019, the estimated annual change in
economic profits per vessel would range from -$84 (a 12 percent loss
per vessel) in 2023 (2021 dollars) to $40 (a 6 percent increase per
vessel) in 2032. These estimated economic effects would be 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 and costs back to
present time to account for an assumed rate of return on capital. The
net present value (NPV) of the estimated stream of changes in ex-vessel
revenue over a 10 year period (2023 through 2032), using a 3 percent
discount rate, is -$4.2 million (2021 dollars) and the annualized NPV
during that period would be -$490,415. The average annualized NPV of
changes in ex-vessel revenue and economic profits per vessel would be -
$2,416 and -$24, respectively. Individual fishing businesses, however,
may experience varying levels of economic effects, depending on their
fishing practices, operating characteristics, and profit maximization
strategies.
[[Page 44769]]
Table 2--Proposed Commercial Allocation, With Changes in Commercial ACL, Ex-Vessel Revenue, and Economic Profits Relative to the Status Quo Commercial
ACL of 347,301 lb (157,533 kg)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Change in ex-
vessel revenue Change in
Year Commercial Commercial ACL in lb Change in lb (kg) relative to no economic
allocation (kg) relative to no action action (2021 profits (2021
dollars) dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023.................................................. 0.49 85,326 (38,703) -261,975 (-118,830) -$1,705,457 -$17,055
2024.................................................. 0.49 128,096 (58,103) -219,205 (-99,430) -1,427,025 -14,270
2025.................................................. 0.49 171,687 (77,876) -175,614 (-79,657) -1,143,247 -11,432
2026.................................................. 0.49 215,051 (97,545) -132,250 (-59,988) -860,948 -8,609
2027.................................................. 0.50 259,823 (117,854) -87,478 (-39,679) -569,482 -5,695
2028.................................................. 0.50 306,400 (138,981) -40,901 (-18,552) -266,266 -2,663
2029.................................................. 0.50 353,220 (160,218) 5,919 (2,685) 38,533 385
2030.................................................. 0.50 397,555 (180,328) 50,254 (22,795) 327,154 3,272
2031.................................................. 0.50 437,390 (198,397) 90,089 (40,864) 586,479 5,865
2032+................................................. 0.50 471,966 (214,080) 124,665 (56,547) 811,569 8,116
--------------------------------------------------------------------------------------------------------------------------------------------------------
In addition to the changes mentioned above, this proposed rule
would reduce the gag commercial trip limit to 300 lb (136 kg). Under
the status quo commercial ACL, this would be expected to reduce
commercial gag landings by 20 percent or 46,333 lb (21,016 kg) per
year. This reduction in landings would represent an estimated annual
loss of $301,630 (2021 dollars) in ex-vessel revenue and $3,016 in
economic profits to the commercial sector. However, the trip limit
would be modified in conjunction with the revised commercial ACL (Table
2) and NMFS expects the commercial sector to fully harvest the revised
commercial ACL, even with the reduced commercial trip limit, at least
in the beginning years (2023-2025) of the rebuilding plan. Therefore,
these economic effects would initially be subsumed under those
described for the proposed ACLs and allocations (Table 2). In later
years (2026-2032), the reduced trip limit may prevent the full harvest
of the commercial ACL, thereby reducing the economic benefits
associated with the increasing ACLs; however, landings rates for later
years are more uncertain. In general, reducing the commercial trip
limit, even if aggregate landings remain the same, may reduce the
economic efficiency of individual trips which, in turn, may have
negative consequences on economic profits. These effects cannot be
quantified with existing data.
Three alternatives were considered for the action to revise the
ABC, based on the SSC's latest recommendations, and set the total ACL
and annual OY equal to it. The first alternative, the no action
alternative, would retain the existing ABC of 773,000 lb (350,627 kg).
Under this alternative, the total ACL and annual OY would remain
equivalent to 95 percent of the current ABC or 734,350 lb (333,096 kg).
Because no changes would be made to the current catch limits, the first
alternative would not be expected to change fishing practices or
commercial harvests of gag, nor would it be expected to result in
direct economic effects. This alternative was not selected by the
Council because it would be inconsistent with their SSCs' latest catch
limit recommendations and the transition to the MRIP FES, and
therefore, would not be based on the best scientific information
available.
The second alternative to the proposed action to revise the ABC,
ACL and annual OY would adopt the revised ABCs recommended by the SSC;
however, it would set both the total ACL and annual OY equal to 95
percent of the ABC. The change in pounds between the total and
commercial ACLs under this alternative relative to the proposed action,
along with the expected change in ex-vessel revenue are provided in
Table 3. Relative to the proposed total ACLs and assuming no change to
the current sector allocations, this alternative would reduce the
commercial ACL by a range of 4,479 lb (2,032 kg) in 2023 to 24,197 lb
(10,976 kg) in 2032 and subsequent years (Table 3). Assuming the
commercial ACL would be harvested in full under either the proposed
action or the second alternative, this translates to a loss in ex-
vessel revenue of $29,156 to $157,524 (2021 dollars) and a loss in
economic profits equal to 1 percent of that or $292 to $1,575. The NPV
of the estimated stream of changes in ex-vessel revenue over a 10 year
period (2023 through 2032) relative to the proposed commercial ACLs,
using a 3 percent discount rate, is -$777,295 (2021 dollars) and the
annualized NPV during that period would be -$91,123. The average
annualized NPV of changes in ex-vessel revenue and economic profits per
vessel (assuming 203 affected vessels) would be -$449 and -$4,
respectively. The Council did not select the second alternative because
they determined it would be less effective at achieving the objectives
of the FMP and that the current ACL monitoring mechanisms in the South
Atlantic, coupled with the existing and proposed management measures,
would be sufficient at preventing overages, thus not requiring a buffer
between the ABC and total ACL.
Table 3--Differences in Total ACL, Commercial ACL, and Ex-Vessel Revenue Under the Second Alternative to the Proposed Action To Revise the ABC, ACL, and Annual OY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Difference in
Total ACL under commercial ACL in lb Change in potential ex-
Year Proposed total ACL in alternative 2 in lb Difference in total ACL (kg) using current vessel revenue (2021
lb (kg) (kg) in lb (kg) allocation of 51 dollars)
percent
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2023............................................................... 175,632 (79,665) 166,850 (75,682) -8,782 (-3,983) -4,479 (-2,032) -$29,156
2024............................................................... 261,171 (118,465) 248,112 (112,542) -13,059 (-5,923) -6,660 (-3,021) -43,356
[[Page 44770]]
2025............................................................... 348,352 (158,010) 330,934 (150,109) -17,418 (-7,901) -8,883 (-4,029) -57,828
2026............................................................... 435,081 (197,349) 413,327 (187,482) -21,754 (-9,867) -11,095 (-5,033) -72,226
2027............................................................... 524,625 (237,966) 498,394 (226,068) -26,231 (-11,898) -13,378 (-6,068) -87,090
2028............................................................... 617,778 (280,219) 586,889 (266,208) -30,889 (-14,011) -15,753 (-7,145) -102,554
2029............................................................... 711,419 (322,694) 675,848 (306,559) -35,571 (-16,135) -18,141 (-8,229) -118,099
2030............................................................... 800,088 (362,914) 760,084 (344,768) -40,004 (-18,146) -20,402 (-9,254) -132,819
2031............................................................... 879,758 (399,052) 835,770 (379,099) -43,988 (-19,953) -22,434 (-10,176) -146,044
2032+.............................................................. 948,911 (430,419) 901,465 (408,898) -47,446 (-21,521) -24,197 (-10,976) -157,524
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The third alternative to the proposed action to revise the ABC, ACL
and annual OY would adopt the revised ABCs recommended by the SSC;
however, it would set both the total ACL and annual OY equal to 90
percent of the ABC. The change in pounds between the total and
commercial ACLs under this alternative relative to the proposed action,
along with the expected change in ex-vessel revenue are provided in
Table 4. Relative to the proposed total ACLs and assuming no change to
the current sector allocations, this alternative would reduce the
commercial ACL by a range of 8,957 lb (4,063 kg) in 2023 to 48,394 lb
(21,951 kg) in 2032 and subsequent years (Table 4). Assuming the
commercial ACL would be harvested in full under either the proposed
action or the third alternative, this translates to a loss in ex-vessel
revenue of $58,312 to $315,048 (2021 dollars) and a loss in economic
profits equal to 1 percent of that or $583 to $3,150. The NPV of the
estimated stream of changes in ex-vessel revenue over a 10 year period
(2023 through 2032) relative to the proposed commercial ACLs, using a 3
percent discount rate, is -$1.6 million (2021 dollars) and the
annualized NPV during that period would be -$182,245. The average
annualized NPV of changes in ex-vessel revenue and economic profits per
vessel (assuming 203 affected vessels) would be -$898 and -$9,
respectively. The Council did not select the third alternative because
they determined it would be less effective at achieving the objectives
of the FMP and that the current monitoring mechanisms in the South
Atlantic, coupled with the existing and proposed management measures,
would be sufficient at preventing overages, thus not requiring a buffer
between the ABC and total ACL.
Table 4--Differences in Total ACL, Commercial ACL, and Ex-Vessel Revenue Under the Third Alternative to the Proposed Action To Revise the ABC, ACL, and
Annual OY
--------------------------------------------------------------------------------------------------------------------------------------------------------
Difference in
Total ACL under commercial ACL in lb Change in
Year Proposed total ACL Alternative 3 in lb Difference in total (kg) using current potential ex-
in lb (kg) (kg) ACL in lb (kg) allocation of 51 vessel revenue
percent (2021 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023............................................. 175,632 (79,665) 158,069 (71,699) -17,563 (-7,966) -8,957 (-4,063) -$58,312
2024............................................. 261,171 (118,465) 235,054 (106,619) -26,117 (-11,846) -13,320 (-6,042) -86,711
2025............................................. 348,352 (158,010) 313,517 (142,209) -34,835 (-15,801) -17,766 (-8,059) -115,656
2026............................................. 435,081 (197,349) 391,573 (177,615) -43,508 (-19,735) -22,189 (-10,065) -144,451
2027............................................. 524,625 (237,966) 472,163 (214,170) -52,463 (-23,797) -26,756 (-12,136) -174,181
2028............................................. 617,778 (280,219) 556,000 (252,197) -61,778 (-28,022) -31,507 (-14,291) -205,108
2029............................................. 711,419 (322,694) 640,277 (290,425) -71,142 (-32,269) -36,282 (-16,457) -236,198
2030............................................. 800,088 (362,914) 720,079 (326,622) -80,009 (-36,291) -40,804 (-18,508) -265,637
2031............................................. 879,758 (399,052) 791,782 (359,146) -87,976 (-39,905) -44,868 (-20,352) -292,088
2032+............................................ 948,911 (430,419) 854,020 (387,377) -94,891 (-43,042) -48,394 (-21,951) -315,048
--------------------------------------------------------------------------------------------------------------------------------------------------------
Four alternatives were considered for the proposed action to revise
the gag sector allocations and sector ACLs. The first alternative, the
no action alternative, would retain the current commercial and
recreational sector allocations as 51 percent and 49 percent,
respectively, of the revised total ACL for gag. Relative to the
proposed allocation, this alternative, when applied to the proposed
total ACLs in Table 1, would result in an increase in ex-vessel revenue
that ranges from $27,641 ($136 per vessel) in 2023 to $77,983 ($384 per
vessel) in 2032 (Table 5). The NPV of the estimated stream of changes
in ex-vessel revenue over a 10 year period (2023 through 2032) relative
to the proposed allocation, using a 3 percent discount rate, is
$443,067 (2021 dollars) and the annualized NPV during that period would
be $51,941. The average annualized NPV of changes in ex-vessel revenue
and economic profits per vessel (assuming 203 affected vessels) would
be $256 and $3, respectively. The Council did not select the first
alternative because they determined other proposed alternatives
provided allocation methods that incorporated more recent landings and
were therefore a better representation of the gag portion of the
snapper-grouper fishery moving forward. These allocation methods also
provided better fairness and equity between the sectors.
[[Page 44771]]
Table 5--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the First Alternative to the Proposed Allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Change in
Commercial ACL in commercial ACL Change in
Proposed Alternative 1 lb (kg) under in lb (kg) potential ex-
Year commercial to proposed alternative 1 under vessel revenue
allocation allocation allocation alternative 1 (2021 dollars)
allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023.............................................................. 0.49 0.51 89,572 (40,629) 4,246 (1,926) $27,641
2024.............................................................. 0.49 0.51 133,197 (60,417) 5,101 (2,314) 33,208
2025.............................................................. 0.49 0.51 177,660 (80,585) 5,973 (2,709) 38,884
2026.............................................................. 0.49 0.51 221,891 (100,648) 6,840 (3,103) 44,528
2027.............................................................. 0.50 0.51 267,559 (121,363) 7,736 (3,509) 50,361
2028.............................................................. 0.50 0.51 315,067 (142,912) 8,667 (3,931) 56,422
2029.............................................................. 0.50 0.51 362,824 (164,574) 9,604 (4,356) 62,522
2030.............................................................. 0.50 0.51 408,045 (185,086) 10,490 (4,758) 68,290
2031.............................................................. 0.50 0.51 448,677 (203,516) 11,287 (5,120) 73,478
2032+............................................................. 0.50 0.51 483,945 (219,514) 11,979 (5,434) 77,983
--------------------------------------------------------------------------------------------------------------------------------------------------------
The second alternative to the proposed allocation would use the
distribution of landings from 1999 through 2003 to set the commercial
and recreational sector allocations at 36.37 percent and 63.63 percent,
respectively, of the revised total ACL for gag. Relative to the
proposed allocation, this alternative, when applied to the proposed
total ACLs, would result in a decrease in ex-vessel revenue that ranges
from $139,631 ($688 per vessel) in 2023 to $825,774 ($4,068 per vessel)
in 2032 (Table 6). The NPV of the estimated stream of changes in ex-
vessel revenue over a 10 year period (2023 through 2032) relative to
the proposed allocation, using a 3 percent discount rate, is -$4.02
million (2021 dollars) and the annualized NPV during that period would
be -$470,854. The average annualized NPV of changes in ex-vessel
revenue and economic profits per vessel (assuming 203 affected vessels)
would be -$2,319 and -$23, respectively. The Council did not select the
second alternative because they determined other alternatives provided
allocation methods that incorporated more recent landings and were
therefore a better representation of the gag portion of the snapper-
grouper fishery moving forward. These allocation methods also provided
better fairness and equity between the sectors.
Table 6--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the Second Alternative to the Proposed Allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Change in
Proposed Alternative 2 Commercial ACL in commercial ACL in Change in
Year commercial to proposed lb (kg) under lb (kg) under potential ex-
allocation allocation alternative 2 alternative 2 vessel revenue
allocation allocation (2021 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023.......................................................... 0.49 0.3637 63,877 (28,974) -21,449 (-9,729) -$139,631
2024.......................................................... 0.49 0.3637 94,988 (43,086) -33,108 (-15,018) -215,534
2025.......................................................... 0.49 0.3637 126,696 (57,468) -44,991 (-20,408) -292,894
2026.......................................................... 0.49 0.3637 158,239 (71,776) -56,812 (-25,769) -369,846
2027.......................................................... 0.50 0.3637 190,806 (86,548) -69,017 (-31,306) -449,300
2028.......................................................... 0.50 0.3637 224,686 (101,916) -81,714 (-37,065) -531,959
2029.......................................................... 0.50 0.3637 258,743 (117,364) -94,477 (-42,854) -615,045
2030.......................................................... 0.50 0.3637 290,992 (131,992) -106,563 (-48,336) -693,725
2031.......................................................... 0.50 0.3637 319,968 (145,135) -117,422 (-53,262) -764,417
2032+......................................................... 0.50 0.3637 345,119 (156,543) -126,847 (-57,537) -825,774
--------------------------------------------------------------------------------------------------------------------------------------------------------
The third alternative to the proposed allocation would set the
commercial and recreational sector allocations as 43.06 percent and
56.94 percent, respectively, of the revised total ACL for gag. These
allocations would be based on historical landings information that are
equally-weighted for the periods of 1986 through 2008 and 2006 through
2008. Relative to the proposed allocation, this alternative, when
applied to the proposed total ACLs, would result in a decrease in ex-
vessel revenue that ranges from $63,140 ($311 per vessel) in 2023 to
$412,506 ($2,032 per vessel) in 2032 (Table 7). The NPV of the
estimated stream of changes in ex-vessel revenue over a 10 year period
(2023 through 2032) relative to the proposed allocation, using a 3
percent discount rate, is -$1.98 million (2021 dollars) and the
annualized NPV during that period would be -$231,791. The average
annualized NPV of changes in ex-vessel revenue and economic profits per
vessel (assuming 203 affected vessels) would be -$1,142 and -$11,
respectively. This allocation method uses the allocation formula often
used for unassessed stocks, and while this method has been used for
some assessed stocks, the Council decided that the years used in this
allocation formula would not be the most representative of the gag
portion of the snapper-grouper fishery moving forward.
[[Page 44772]]
Table 7--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the Third Alternative to the Proposed Allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Change in
Proposed Alternative 3 Commercial ACL in commercial ACL in Change in
Year commercial to proposed lb (kg) under lb (kg) under potential ex-
allocation allocation alternative 3 alternative 3 vessel revenue
allocation allocation (2021 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023.......................................................... 0.49 0.4306 75,627 (34,304) -9,699 (-4,399) -$63,140
2024.......................................................... 0.49 0.4306 112,460 (51,011) -15,636 (-7,092) -101,789
2025.......................................................... 0.49 0.4306 150,000 (68,039) -21,687 (-9,837) -141,180
2026.......................................................... 0.49 0.4306 187,346 (84,979) -27,705 (-12,567) -180,360
2027.......................................................... 0.50 0.4306 225,904 (102,468) -33,919 (-15,385) -220,816
2028.......................................................... 0.50 0.4306 266,015 (120,662) -40,385 (-18,318) -262,905
2029.......................................................... 0.50 0.4306 306,337 (138,952) -46,883 (-21,266) -305,208
2030.......................................................... 0.50 0.4306 344,518 (156,271) -53,037 (-24,057) -345,272
2031.......................................................... 0.50 0.4306 378,824 (171,832) -58,566 (-26,565) -381,266
2032+......................................................... 0.50 0.4306 408,601 (185,338) -63,365 (-28,742) -412,506
--------------------------------------------------------------------------------------------------------------------------------------------------------
The fourth alternative to the proposed allocation would set gag
sector allocations and sector ACLs in 2023 proportional to each
sector's share of total average landings (commercial and recreational
combined) from 2017 through 2019. In subsequent years, as the total ACL
increases, the total ACL poundage increase would be split equally
between both sectors and added to each sector's ACL from the previous
year. This, in effect, would gradually shift the allocation
percentages. The 2032 values would remain in effect unless changed by
future management action. Relative to the proposed allocation, this
alternative, when applied to the proposed total ACLs, would result in
an annual decrease in ex-vessel revenue of approximately $110,969 ($547
per vessel) (Table 8). The NPV of the estimated stream of changes in
ex-vessel revenue over a 10 year period (2023 through 2032) relative to
the proposed allocation, using a 3 percent discount rate, is -$946,558
(2021 dollars) and the annualized NPV during that period would be -
$110,965. The average annualized NPV of changes in ex-vessel revenue
and economic profits per vessel (assuming 203 affected vessels) would
be -$547 and -$5, respectively. The Council did not select the fourth
alternative because they decided the years of average landings used in
this method did not best represent the gag portion of the snapper-
grouper fishery.
Table 8--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the Fourth Alternative to the Proposed Allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Change in
Proposed Alternative 4 Commercial ACL in commercial ACL in Change in
Year commercial to proposed lb (kg) under lb (kg) under potential ex-
allocation allocation alternative 4 alternative 4 vessel revenue
allocation allocation (2021 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023.......................................................... 0.49 0.39 68,281 (30,972) -17,045 (-7,731) -$110,963
2024.......................................................... 0.49 0.43 111,051 (50,372) -17,045 (-7,731) -110,963
2025.......................................................... 0.49 0.44 154,641 (70,144) -17,046 (-7,732) -110,969
2026.......................................................... 0.49 0.46 198,006 (89,814) -17,045 (-7,731) -110,963
2027.......................................................... 0.50 0.46 242,778 (110,122) -17,045 (-7,731) -110,963
2028.......................................................... 0.50 0.47 289,354 (131,249) -17,046 (-7,732) -110,969
2029.......................................................... 0.50 0.47 336,175 (152,486) -17,045 (-7,731) -110,963
2030.......................................................... 0.50 0.48 380,509 (172,596) -17,046 (-7,732) -110,969
2031.......................................................... 0.50 0.48 420,344 (190,665) -17,046 (-7,732) -110,969
2032+......................................................... 0.50 0.48 454,921 (206,349) -17,045 (-7,731) -110,963
--------------------------------------------------------------------------------------------------------------------------------------------------------
Five alternatives were considered for the proposed action to reduce
the commercial trip limit to 300 lb (136 kg). The first alternative,
the no action alternative, would retain the current trip limit, which
is 1,000 lb (454 kg) until 75 percent of the commercial ACL is met and
then 500 lb (227 kg) for the remainder of the fishing year or until the
commercial ACL is met. Therefore, it would not be expected to change
fishing practices or commercial harvests of gag, nor would it be
expected to result in direct economic effects. This alternative was not
selected by the Council because it would likely result in a short
fishing season and limited availability of gag for seafood consumers.
Additionally, the Council did not think that the commercial trip limit
step-down would be able to be effectively implemented in a timely
manner, particularly in the first several years of the rebuilding plan.
The second alternative to the proposed commercial trip limit of 300
lb (136 kg) would set the commercial trip limit at 200 lb (91 kg).
Under the status quo commercial ACL, this would be expected to reduce
commercial gag landings by 32 percent or 74,133 lb (33,626 kg) per
year. Relative to the proposed commercial trip limit, this alternative
would result in an estimated annual reduction in ex-vessel revenue that
is $180,978 (2021 dollars) greater and an annual reduction in economic
profits that is $1,810 greater. However, because the trip limit would
be modified in conjunction with the revised commercial ACL (Table 2)
and NMFS expects the commercial sector to fully harvest the revised ACL
even with a 200 lb (91 kg) commercial trip limit, at least in the
beginning years of the
[[Page 44773]]
rebuilding plan, these economic effects would initially be subsumed
under those described for the proposed commercial ACLs and allocations.
In later years, the lower trip limit may prevent the full harvest of
the commercial ACL, thereby reducing the economic benefits associated
with the increasing commercial ACLs; however, landings rates for later
years are more uncertain and these effects cannot be quantified with
existing data. In general, a lower commercial trip limit may reduce
economic efficiency on trips, which may lead to a reduction in economic
profits. This alternative was not selected by the Council because a 200
lb (91 kg) trip limit would make trips to catch gag too costly and
inefficient.
The third alternative to the proposed commercial trip limit action
would set the commercial trip limit at 400 lb (181 kg). Under the
status quo commercial ACL, this would be expected to reduce commercial
gag landings by 13 percent or 30,117 lb (13,661 kg) per year. Relative
to the proposed commercial trip limit, this alternative would result in
an estimated annual reduction in ex-vessel revenue that is $105,571
(2021 dollars) less and an annual reduction in economic profits that is
$1,056 less. However, because the trip limit would be modified in
conjunction with the revised commercial ACL (Table 2) and NMFS expects
the commercial sector to fully harvest the revised ACL even with the
reduced commercial trip limit, at least in the beginning years of the
rebuilding plan, these economic effects would initially be subsumed
under those described for the proposed commercial ACLs and allocations.
In later years, a higher trip limit may lead to better utilization of
the ACL and greater economic efficiency, thereby increasing the
economic benefits associated with the increasing commercial ACLs.
However, landings rates for later years are more uncertain and these
effects cannot be quantified with existing data. This alternative was
not selected by the Council because it would not constrain harvest to
ensure the longest commercial season possible under the proposed
reduced catch levels.
The fourth alternative to the proposed commercial trip limit action
would set the commercial trip limit at 500 lb (227 kg). Under the
status quo commercial ACL, this would be expected to reduce commercial
gag landings by 8 percent or 18,533 lb (8,406 kg) per year. Relative to
the proposed commercial trip limit, this alternative would result in an
estimated annual reduction in ex-vessel revenue that is $180,978 less
and an annual reduction in economic profits that is $1,810 less.
However, because the trip limit would be modified in conjunction with
the revised commercial ACL (Table 2) and because NMFS expects the
commercial sector to fully harvest the revised ACL even with the
reduced commercial trip limit, at least in the beginning years of the
rebuilding plan, these economic effects would initially be subsumed
under those described for the proposed commercial ACLs and allocations.
In later years, the higher trip limit may lead to better utilization of
the ACL and greater economic efficiency, thereby increasing the
economic benefits associated with the increasing commercial ACLs.
However, landings rates for later years are more uncertain and these
effects cannot be quantified with existing data. This alternative was
not selected by the Council because it would not constrain harvest to
ensure the longest commercial season possible under the proposed
reduced catch levels.
The fifth and final alternative to the proposed commercial trip
limit action would reduce the gag commercial trip limit to 300 lb (136
kg) in 2023 then increase the commercial trip limit to 500 lb (227 kg)
in 2026 and to 1,000 lb (454 kg) in 2027 and subsequent years. In 2023
through 2025, the commercial trip limit under this alternative would be
the same as the proposed commercial trip limit and therefore would have
equivalent economic effects during those years. In 2026, the trip limit
would be set 200 lb (91 kg) greater than the proposed trip limit and in
2027, and subsequent years it would be 700 lb (318 kg) greater than the
proposed trip limit. These incremental increases may allow for greater
utilization of the proposed commercial ACLs and greater economic
efficiency, leading to potential increases in economic profits;
however, the economic effects cannot be quantified with available data
given uncertainty in future commercial landings rates. This alternative
was not selected by the Council because it would increase the trip
limit in the years specified, regardless of rebuilding success and
could have negative long-term effects for the fishery. The Council
decided that if it was appropriate to increase the commercial trip
limit for gag in the future, this could be done through a framework
action to the FMP after data on rebuilding are provided.
No duplicative, overlapping, or conflicting Federal rules have been
identified. In addition, no new reporting, record-keeping, or other
compliance requirements are introduced by this proposed rule. This
proposed rule contains no information collection requirements under the
Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Accountability measures, Annual catch limits, Black grouper,
Commercial, Fisheries, Fishing, Gag, Recreational, South Atlantic.
Dated: July 6, 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. 622.187, revise paragraph (b)(2)(i) to read as follows:
Sec. 622.187 Bag and possession limits.
* * * * *
(b) * * *
(2) * * *
(i) No more than one fish may be gag or black grouper, combined.
However, no gag or black grouper may be retained by the captain or crew
of a vessel operating as a charter vessel or headboat. The bag limit
for such captain and crew is zero;
(A) In addition to the bag limits specified in paragraph (b)(2)(i)
of this section, for gag, the vessel limit for a vessel operating as a
private recreational vessel may not exceed 2 fish per vessel per day.
(B) In addition to the bag limits specified in paragraph (b)(2)(i)
of this section, for gag, the vessel limit for a vessel operating as a
charter vessel or headboat may not exceed 2 fish per vessel per trip.
(C) In addition to the bag limits specified in paragraph (b)(2)(i)
of this section, for black grouper, the vessel limit for a vessel
operating as a private recreational vessel may not exceed 2 fish per
vessel per day.
(D) In addition to the bag limits specified in paragraph (b)(2)(i)
of this section, for black grouper, the vessel limit for a vessel
operating as a charter vessel or headboat may not exceed 2 fish per
vessel per trip.
* * * * *
0
3. In Sec. 622.190, revise (a) introductory text and paragraph (a)(7)
to read as follows:
Sec. 622.190 Quotas.
* * * * *
[[Page 44774]]
(a) South Atlantic snapper-grouper, excluding wreckfish. The quotas
apply to persons who are not subject to the bag limits. (See Sec.
622.11 for applicability of the bag limits.) The quotas are in gutted
weight, that is eviscerated but otherwise whole, except for the quotas
in paragraphs (a)(4) through (6) of this section which are in both
gutted weight and round weight.
* * * * *
(7) Gag.
(i) For the 2023 fishing year--85,326 lb (38,703 kg).
(ii) For the 2024 fishing year--128,096 lb (58,103 kg).
(iii) For the 2025 fishing year--171,687 lb (77,876 kg).
(iv) For the 2026 fishing year--215,051 lb (97,545 kg).
(v) For the 2027 fishing year--259,823 lb (117,854 kg).
(vi) For the 2028 fishing year--306,400 lb (138,981 kg).
(vii) For the 2029 fishing year--353,220 lb (160,218 kg).
(viii) For the 2030 fishing year--397,555 lb (180,328 kg).
(ix) For the 2031 fishing year--437,390 lb (198,397 kg).
(x) For the 2032 and subsequent fishing years--471,966 lb (214,080
kg).
* * * * *
0
4. In Sec. 622.191, revise paragraph (a)(7) to read as follows:
Sec. 622.191 Commercial trip limits.
* * * * *
(a) * * *
(7) Gag. Until the applicable commercial quota specified Sec.
622.190(a)(7) is reached--300 lb (136 kg), gutted weight. See Sec.
622.190(c)(1) for the limitations regarding gag after the commercial
quota is reached.
* * * * *
0
5. In Sec. 622.193, revise paragraph (c) to read as follows:
Sec. 622.193 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(c) Gag--
(1) Commercial sector.
(i) If commercial landings for gag, as estimated by the SRD, reach
or are projected to reach the commercial ACL (commercial quota)
specified in Sec. 622.190(a)(7), the AA will file a notification with
the Office of the Federal Register to close the commercial sector for
gag for the remainder of the fishing year. Applicable restrictions
after a commercial quota closure are specified in Sec. 622.190(c).
(ii) If the commercial landings for gag, as estimated by the SRD,
exceed the commercial ACL specified in Sec. 622.190(a)(7), and the
combined commercial and recreational ACL specified in paragraph (c)(3)
of this section, is exceeded during the same fishing year, and gag are
overfished based on the most recent Status of U.S. Fisheries Report to
Congress, the AA will file a notification with the Office of the
Federal Register to reduce the commercial ACL for that following
fishing year by the amount of the commercial ACL overage in the prior
fishing year.
(2) Recreational sector. (i) If recreational landings for gag, 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
notification, the bag and possession limits for gag in or from the
South Atlantic EEZ are zero. The recreational ACL for gag is 90,306 lb
(40,962 kg), gutted weight, for 2023; 133,075 lb (60,362 kg), gutted
weight, for 2024; 176,665 lb (80,134 kg), gutted weight, for 2025;
220,030 lb (99,804 kg), gutted weight, for 2026; 264,802 lb (120,112
kg), gutted weight, for 2027; 311,378 lb (141,239 kg), gutted weight,
for 2028; 358,199 lb (162,476 kg), gutted weight, for 2029; 402,533 lb
(182,586 kg), gutted weight, for 2030; 442,368 lb (200,655 kg), gutted
weight, for 2031; 476,945 lb (216,339 kg), gutted weight, for 2032 and
subsequent years.
(ii) If recreational landings, as estimated by the SRD, exceed the
recreational ACL specified in paragraph (c)(2)(i) of this section, then
during the following fishing year, the AA will file a notification with
the Office of the Federal Register to reduce the length of the
recreational fishing season by the amount necessary to prevent the
recreational ACL from being exceeded. NMFS will use the best scientific
information available to determine if reducing the length of the
recreational fishing season is necessary. When the recreational sector
is closed as a result of NMFS reducing the length of the recreational
fishing season, the bag and possession limits for gag in or from the
South Atlantic EEZ are zero.
(3) Combined commercial and recreational ACL. The combined
commercial and recreational ACL for gag is 175,632 lb (79,665 kg),
gutted weight, for 2023; 261,171 lb (118,465 kg), gutted weight, for
2024; 348,352 lb (158,010 kg), gutted weight, for 2025; 435,081 lb
(192,349 kg), gutted weight, for 2026; 524,625 lb (237,965 kg), gutted
weight, for 2027; 617,778 lb (280,219 kg), gutted weight, for 2028;
711,419 lb (322,694 kg), gutted weight, for 2029; 800,088 lb (362,914
kg), gutted weight, for 2030; 879,758 lb (399,052 kg), gutted weight,
for 2031; 948,911 lb (430,419 kg), gutted weight, for 2032 and
subsequent years.
* * * * *
[FR Doc. 2023-14620 Filed 7-12-23; 8:45 am]
BILLING CODE 3510-22-P
