Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Amendment 52, 57916-57922 [2023-18247]
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Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Proposed Rules
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–108054–21]
RIN 1545–BQ07
Information Reporting and Transfer for
Valuable Consideration Rules for
Section 1035 Exchanges of Life
Insurance and Certain Other Life
Insurance Contract Transactions;
Hearing
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking;
notice of hearing.
AGENCY:
This document provides a
notice of public hearing on proposed
regulations providing guidance on the
application of the transfer for valuable
consideration rules and associated
information reporting requirements for
reportable policy sales of interests in life
insurance contracts to exchanges of life
insurance contracts qualifying for
nonrecognition of gain or loss, as well
as to certain acquisitions of interests in
life insurance contracts in transactions
that qualify as corporate
reorganizations.
DATES: The public hearing on this
proposed regulation has been scheduled
for Thursday, September 28, 2023, at
10:00 a.m. ET. The IRS must receive
speakers’ outlines of the topics to be
discussed at the public hearing by
Wednesday, August 30, 2023. If no
outlines are received by Wednesday,
August 30, 2023, the public hearing will
be cancelled.
ADDRESSES: The public hearing is being
held in the Auditorium, at the Internal
Revenue Service Building, 1111
Constitution Avenue NW, Washington,
DC. Due to security procedures, visitors
must enter at the Constitution Avenue
entrance. In addition, all visitors must
present a valid photo identification to
enter the building. Because of access
restrictions, visitors will not be
admitted beyond the immediate
entrance area more than 30 minutes
before the hearing starts. Participants
may alternatively attend the public
hearing by telephone.
Send submissions to CC:PA:LPD:PR
(REG–108054–21), Room 5205, Internal
Revenue Service, P.O. Box 7604, Ben
Franklin Station, Washington, DC
20044. Submissions may be hand
delivered Monday through Friday to
CC:PA:LPD:PR (REG–108054–21),
Couriers Desk, Internal Revenue
Service, 1111 Constitution Avenue NW,
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SUMMARY:
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Washington, DC 20224 or sent
electronically via the Federal
eRulemaking Portal at
www.regulations.gov (IRS REG–108054–
21) (preferred).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Allan H. Sakaue, (202) 317–6995;
concerning submissions of outlines, the
hearing, and/or to be placed on the
building access list to attend the public
hearing, call Vivian Hayes (202) 317–
6901 (not a toll-free number) or by email
to publichearings@irs.gov (preferred).
SUPPLEMENTARY INFORMATION: The
subject of the public hearing is the
notice of proposed rulemaking (REG–
108054–21) that was published in the
Federal Register on Wednesday, May
10, 2023, (FR 88 30058).
The rules of 26 CFR 601.601(a)(3)
apply to the hearing. Persons who wish
to present oral comments at the hearing
must submit an outline of the topics to
be discussed and the time to be devoted
to each topic by August 30, 2023.
A period of 10 minutes will be
allotted to each person for making
comments. An agenda showing the
scheduling of the speakers will be
prepared after the deadline for receiving
outlines has passed. Copies of the
agenda will be available free of charge
at the hearing, and via the Federal
eRulemaking Portal
(www.Regulations.gov) under the title of
Supporting & Related Material. If no
outline of the topics to be discussed at
the hearing is received by August 30,
2023, the public hearing will be
cancelled. If the public hearing is
cancelled, a notice of cancellation of the
public hearing will be published in the
Federal Register.
Individuals who want to testify in
person at the public hearing must send
an email to publichearings@irs.gov to
have your name added to the building
access list. The subject line of the email
must contain the regulation number
REG–108054–21 and the language
TESTIFY In Person. For example, the
subject line may say: Request to
TESTIFY In Person at Hearing for REG–
108054–21.
Individuals who want to testify by
telephone at the public hearing must
send an email to publichearings@irs.gov
to receive the telephone number and
access code for the hearing. The subject
line of the email must contain the
regulation number REG–108054–21 and
the language TESTIFY Telephonically.
For example, the subject line may say:
Request to TESTIFY Telephonically at
Hearing for REG–108054–21.
Individuals who want to attend the
public hearing in person without
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testifying must also send an email to
publichearings@irs.gov to have your
name added to the building access list.
The subject line of the email must
contain the regulation number REG–
108054–21 and the language ATTEND
In Person. For example, the subject line
may say: Request to ATTEND Hearing In
Person for REG–108054–21. Requests to
attend the public hearing must be
received by 5:00 p.m. ET by Monday,
September 25, 2023.
Individuals who want to attend the
public hearing by telephone without
testifying must also send an email to
publichearings@irs.gov to receive the
telephone number and access code for
the hearing. The subject line of the
email must contain the regulation
number REG–108054–21 and the
language ATTEND Hearing
Telephonically. For example, the
subject line may say: Request to
ATTEND Hearing Telephonically for
REG–108054–21. Requests to attend the
public hearing must be received by 5:00
p.m. ET by Monday, September 25,
2023.
Hearings will be made accessible to
people with disabilities. To request
special assistance during a hearing
please contact the Publications and
Regulations Branch of the Office of
Associate Chief Counsel (Procedure and
Administration) by sending an email to
publichearings@irs.gov (preferred) or by
telephone at (202) 317–6901 (not a tollfree number) by Monday, September 25,
2023. Any questions regarding speaking
at or attending a public hearing may
also be emailed to publichearings@
irs.gov.
Oluwafunmilayo A. Taylor,
Branch Chief, Publications and Regulations
Branch, Associate Chief Counsel (Procedure
and Administration).
[FR Doc. 2023–18193 Filed 8–23–23; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 230821–0200]
RIN 0648–BM12
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic;
Amendment 52
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Proposed Rules
Proposed rule; request for
comments.
ACTION:
NMFS proposes regulations to
implement Amendment 52 to the
Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic (FMP), as submitted by the
South Atlantic Fishery Management
Council (the Council). For golden
tilefish, this proposed rule would revise
the annual catch limits (ACLs),
commercial longline component fishing
season, and recreational accountability
measures (AMs). For blueline tilefish,
this proposed rule would reduce the
recreational bag limit, modify the
possession limits, and revise the
recreational AMs. In addition,
Amendment 52 would update the
acceptable biological catch (ABC),
overfishing limit (OFL), and annual
optimum yield (OY). The purpose of
this proposed rule and Amendment 52
is to respond to the most recent stock
assessment for golden tilefish, and to
prevent recreational landings from
exceeding the recreational annual catch
limits (ACLs) for golden tilefish and
blueline tilefish.
DATES: Written comments must be
received on or before September 25,
2023.
SUMMARY:
You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2023–0082,’’ 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–2023–0082’’, in the
Search box. Click the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Karla Gore, 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 52,
which includes a fishery impact
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ADDRESSES:
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statement and a regulatory impact
review, may be obtained from the
Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
amendment-52-changes-catch-levelsallocations-accountability-measuresand-management.
FOR FURTHER INFORMATION CONTACT:
Karla Gore, telephone: 727–824–5305,
or email: karla.gore@noaa.gov.
SUPPLEMENTARY INFORMATION: The South
Atlantic snapper-grouper fishery, which
includes golden tilefish and blueline
tilefish, is managed under the FMP. The
FMP was developed 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 the regional fishery
management councils prevent
overfishing and achieve, on a
continuing basis, the optimum yield
(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.
The South Atlantic stock of golden
tilefish was first assessed through the
Southeast Data, Assessment, and
Review (SEDAR) process in 2004
(SEDAR 4). In response to the
assessment, the Council submitted
management measures in Amendment
13C to the FMP. The final rule to
implement Amendment 13C specified a
commercial quota for golden tilefish of
295,000 lb (133,810 kg); a commercial
trip limit for golden tilefish of 4,000 lb
(1,814 kg), and, if 75 percent of the
quota is landed on or before September
1, then a reduction of the trip limit to
300 lb (136 kg); and a recreational bag
limit of one golden tilefish per person
per day included within the fivegrouper aggregate bag limit (71 FR
55096, September 21, 2006). The
Council submitted sector allocations for
golden tilefish in Amendment 17B to
the FMP, allocating 97 percent of the
ACL to the commercial sector and 3
percent of the ACL to the recreational
sector. In addition, for golden tilefish,
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Amendment 17B contained
management measures that established:
a total ACL of 291,566 lb (132,252 kg),
a commercial ACL of 282,819 lb
(128,285 kg), and a recreational ACL of
1,578 fish; commercial and recreational
AMs; and a longline endorsement for
the commercial component of golden
tilefish (75 FR 82280, December 30,
2010).
In 2011, a new stock assessment was
completed for golden tilefish (SEDAR 25
2011) and the Council submitted
Regulatory Amendment 12 to the FMP
in response to the assessment. In
Regulatory Amendment 12, the total
ACL was set at 558,036 lb (253,121 kg),
the existing allocations were applied to
revise the sector ACLs to 541,295 lb
(245,527 kg) for the commercial sector
and 3,019 fish for the recreational
sector, and the recreational annual catch
target and sector AMs were revised (77
FR 61295, October 9, 2012). In
Amendment 18B to the FMP, the golden
tilefish commercial ACL was divided
between two commercial fishing gear
components, assigning 75 percent of the
ACL to the longline component with a
4,000 lb (1,814 kg) trip limit and 25
percent of the ACL to the hook-and-line
component with a 500 lb (227 kg) trip
limit (78 FR 23858, April 23, 2013).
In 2016, an update to the SEDAR 25
stock assessment indicated that golden
tilefish were undergoing overfishing
(SEDAR 25 Update 2016). Following
two interim rules that immediately
aimed to reduce the overfishing (83 FR
65, January 2, 2018; 83 FR 28387, June
19, 2018), Regulatory Amendment 28 to
the FMP implemented long-term
measures that reduced the golden
tilefish ACLs. The existing allocations
were applied to revise the sector ACLs
to 331,740 lb (150,475 kg) for the
commercial sector (further divided with
75 percent to the longline component
and 25 percent to the hook-and-line
component) and 2,316 fish for the
recreational sector (83 FR 62508,
December 4, 2018).
The Council submitted Amendment
52 to the FMP in response to a new
stock assessment for golden tilefish. The
new assessment, SEDAR 66, was
completed in 2020 and it indicated that
the stock was not undergoing
overfishing and was not overfished.
SEDAR 66 includes recreational
landings estimates using the Marine
Recreational Information Program
(MRIP) Fishing Effort Survey (FES) as
discussed below. The revised catch
levels recommended by the Council in
Amendment 52 and in this proposed
rule are based on their SSC’s
recommended ABC and the results of
SEDAR 66. The Council received the
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results of the assessment and the SSC’s
recommendations for the OFL and ABC
at the June 2021 Council meeting.
In response to golden tilefish longline
vessel fishermen’s concerns about
avoiding oversupplying the market in
the first part of January and allowing
commercial longline vessels to remain
fishing for golden tilefish during the
Lenten season when prices tend to be
relatively high, this proposed rule
would change the starting date of the
fishing season for the commercial
longline component from January 1st to
January 15th.
As for blueline tilefish, revising
certain management measures would
help keep the recreational sector within
its ACL because the recreational
landings for blueline tilefish managed
under the FMP exceeded the
recreational ACL every year from 2015–
2020. The most recent stock assessments
for blueline tilefish were completed in
2017 and did not indicate that the stock
was undergoing overfishing or was
being overfished.
NMFS has preliminarily determined
that the actions in Amendment 52 and
this proposed rule are based on the best
scientific information available and are
intended to achieve OY while
minimizing, to the extent practicable,
adverse social and economic effects
pending further review following public
comment.
Management Measures Contained in
This Proposed Rule
For golden tilefish, this proposed rule
would revise the sector ACLs,
commercial component quotas,
commercial longline component fishing
season, and recreational AMs. For
blueline tilefish, this proposed rule
would revise the recreational bag and
possession limits and recreational AMs.
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Golden Tilefish Total ACL
As implemented through Regulatory
Amendment 28 to the FMP, the current
total ACL and annual OY for golden
tilefish are equal to the current ABC of
342,000 lb (155,129 kg) (83 FR 62508,
December 4, 2018). In Amendment 52,
the ABC would be revised based on
SEDAR 66 and the recommendation of
the SSC, and the ABC, ACL, and annual
OY would be set equal to each of these
values.
Amendment 52 would revise the total
ACL and annual OY equal to the
recommended ABC of 435,000 lb
(197,313 kg) for 2023; 448,000 lb
(203,209 kg) for 2024; 458,000 lb
(207,745 kg) for 2025; 466,000 lb
(211,374 kg) for 2026 and subsequent
fishing years.
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Golden Tilefish Sector Allocations and
ACLs
Golden Tilefish Commercial Component
Allocations
Amendment 52 would revise the
sector allocations and sector ACLs for
golden tilefish. The current sector ACLs
for golden tilefish are based on the
commercial and recreational allocations
of the total ACL at 97 percent and 3
percent, respectively. The current
allocations are based on the allocation
formula [ACL = ((mean landings 2006–
2008) * 0.5)) + ((mean landings 1986–
2008) * 0.5))] adopted by the Council in
the Comprehensive ACL Amendment to
the FMP, which considered past and
present participation (77 FR 15915,
March 16, 2012). The Council
established those allocations based on
balancing long-term catch history with
more recent catch history and believed
that approach to be a fair and equitable
method to allocate fishery resources.
The revised golden tilefish sector
allocations in Amendment 52 would
result in commercial and recreational
allocations of 96.70 percent and 3.30
percent, respectively. The revised sector
allocations were achieved by applying
the allocation formula (described above)
to the recreational MRIP FES estimates
used in SEDAR 66. Utilizing these
revised recreational estimates would
result in a slight shift of allocation to the
recreational sector, with the percentages
of annual catch increasing from the
current 3 percent to the proposed 3.30
percent. The limited recreational effort
for, and harvest of, golden tilefish, were
considered in determining that
allocating 3.30 percent of the revised
total ACL for golden tilefish to the
recreational sector is a fair and equitable
allocation that is reasonably calculated
to promote conservation and does not
give any entity an excessive share of
harvest privileges based on the
historical and current harvest of golden
tilefish. In addition, this allocation
division would encourage a rational and
well-managed use of the golden tilefish
resource, which optimizes social and
economic benefits.
This proposed rule would revise the
commercial ACLs (commercial sector
hook-and-line and longline components
combined) to be 420,645 lb (190,801 kg)
for 2023; 433,216 lb (196,503 kg) for
2024; 442,886 lb (200,890 kg) for 2025;
and 450,622 lb (204,399 kg) for the 2026
and subsequent fishing years.
This proposed rule would revise the
recreational ACLs (in numbers of fish)
to be 2,559 for the 2023 fishing year;
2,635 for the 2024 fishing year; 2,694 for
the 2025 fishing year; 2,741 for the 2026
and subsequent fishing years.
As discussed above, the commercial
ACL is allocated between two gear
components: 25 percent is allocated to
the hook-and-line component and 75
percent to the longline component (77
FR 23858, April 23, 2013). The
allocation percentages between the
hook-and-line and longline components
were not modified in Amendment 52.
However, this proposed rule would
revise the hook-and-line and longline
component ACLs (quotas) based on the
revised commercial ACL. The
commercial hook-and-line ACL would
be 105,161 lb (47,700 kg) for 2023;
108,304 lb (49,126 kg) for 2024; 110,722
lb (50,223 kg) for 2025; and 112,656 lb
(51,100 kg) for 2026 and subsequent
fishing years.
The ACLs for the longline component
would be 315,484 lb (143,101 kg) for
2023; 324,912 lb (147,378 kg) for 2024;
332,165 lb (150,668 kg) for 2025; and
337,967 lb (153,299 kg) for the 2026 and
subsequent fishing years.
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Golden Tilefish Commercial Longline
Component Fishing Season
This proposed rule would change the
start date for the fishing season for the
commercial longline component from
January 1st to January 15th. A closed
season would be established for the
commercial longline component
annually from January 1 through
January 14. Starting the commercial
season on January 15th for the longline
component would help to avoid
oversupplying the market in the first
part of January and would allow
commercial longline vessels to remain
fishing for golden tilefish during the
Lenten season when prices tend to be
relatively high.
Blueline Tilefish Recreational Bag and
Possession Limits
In August 2016, Regulatory
Amendment 25 to the FMP established
the current recreational bag limit of
three fish per person per day (81 FR
45245, July 13, 2016). As discussed
above, recreational landings for blueline
tilefish have exceeded the recreational
ACL every year from 2015–2020. This
proposed rule would reduce the
recreational bag limit for blueline
tilefish from three to two fish per person
per day to help prevent recreational
landings from exceeding the
recreational ACL in future fishing years.
Additionally, the captain and crew of
a for-hire vessel with a valid Federal
South Atlantic Charter/Headboat
Snapper-Grouper Permit are currently
allowed to retain bag limit quantities of
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all snapper-grouper species during the
open recreational season. In addition to
reducing the recreational bag and
possession limits to two fish per person
per day, this proposed rule would
prohibit the retention of blueline tilefish
by the captain and crew in Amendment
52. A bag limit of two blueline tilefish
per person per day and prohibiting
retention of the bag limit by captain and
crew would result in an overall 12.2
percent reduction in harvest for the
recreational sector. The measures to
reduce the blueline tilefish bag limit
from three to two fish per person per
day and prohibit the retention of the bag
limit by for-hire captain and crew
would, in combination, be expected to
keep the recreational landings of
blueline tilefish within the recreational
ACL.
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Golden Tilefish and Blueline Tilefish
Recreational AMs
This proposed rule would also revise
the recreational AMs for golden tilefish
and blueline tilefish. The current
recreational AMs for golden tilefish
were established through the final rule
for Amendment 34 to the FMP (81 FR
3731, January 22, 2016). The current
recreational AMs for blueline tilefish
were established through the final rule
for Amendment 32 to the FMP (80 FR
16583, March 30, 2015). The current
AMs for both species include an inseason closure for the remainder of the
fishing year if recreational landings
reach or are projected to reach their
respective recreational ACL. The current
post-season AMs state if the recreational
ACL is exceeded, then during the
following fishing year, recreational
landings will be monitored for a
persistence in increased landings and
during that following fishing year, if the
total ACL is exceeded and the species is
overfished, the length of the recreational
fishing season is reduced and the
recreational ACL is reduced by the
amount of the recreational ACL overage.
This proposed rule would revise the
recreational AMs for both golden tilefish
and blueline tilefish to remove the
current in-season closure if the
recreational ACL is reached or is
projected to be reached, and the postseason AM that is tied to the overfished
status of the stock. The revised
recreational AM would have NMFS
projecting the length of the recreational
season based on catch rates from the
previous fishing year to determine when
the recreational ACL would be expected
to be met. NMFS would announce the
length of the recreational season and its
ending date annually in the Federal
Register.
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The current AMs would be revised
because of the time delay of when
recreational landings information
becomes available to use for in-season
actions for species with short fishing
seasons or relatively small amounts of
fish. For blueline tilefish, the current
recreational fishing season is 4 months
long, from May through August, and the
recreational ACL for golden tilefish is
2,316 fish. In these circumstances, the
current in-season AMs would not be
effective in keeping landings from
exceeding the recreational ACL. As
previously discussed, the recreational
landings for blueline tilefish exceeded
the recreational ACL every year from
2015–2020. The golden tilefish
recreational ACL has also frequently
been exceeded, with the recreational
sector exceeding its ACL every year
since 2010, except for 2014 and 2017.
The current post-season recreational
AMs that would apply corrective action
for ACL overages were not being
triggered because they were tied to a
determination that the stock was
overfished, and neither blueline nor
golden tilefish is considered to be
overfished. Consequently, any overages
of the recreational ACL would be likely
to continue to occur.
In addition, the Magnuson-Stevens
Act Guidelines under National Standard
1 advise Councils to reevaluate the
system of ACLs and AMs when overages
of a stock’s ACL occur more than once
in 4 consecutive years. The purpose of
the revised AMs is to prevent
recreational landings from exceeding
the respective recreational ACLs for
both golden tilefish and blueline
tilefish. The revised recreational AMs
would be more effective at restraining
landings to the recreational ACL. For
blueline tilefish, Amendment 52 would
both modify the recreational AM and
reduce the recreational retention limit to
further ensure recreational landings
would not exceed the ACL. Amendment
52 and this proposed rule would not
adjust commercial AMs for either
species.
Management Measures in Amendment
52 Not Codified by This Proposed Rule
In addition to the measures within
this proposed rule, Amendment 52
would revise the OFL and update other
biological reference points and revise
the ABC, OY, and sector allocations for
golden tilefish.
Golden Tilefish ABC and Annual OY
The current OFL and ABC are
inclusive of MRIP Coastal Household
Telephone Survey (CHTS) estimates of
private recreational and charter
landings. The Council’s SSC reviewed
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the latest stock assessment (SEDAR 66)
and recommended new ABC levels as
determined by SEDAR 66. 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 52, 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 measure fishing activity
more accurately and 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 a more robust method
when compared to the MRIP CHTS
method. The new ABC
recommendations within Amendment
52 also represent the best scientific
information available as determined by
the SSC.
The OY for golden tilefish would be
specified on an annual basis and would
be set 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 52, 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.
The Magnuson-Stevens Act provides
the legal basis for this proposed rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. The
objective of this proposed rule is to base
conservation and management measures
for golden and blueline tilefish on the
best scientific information available and
achieve OY, consistent with the
Magnuson-Stevens Act and its National
Standards.
The Chief Counsel for Regulation of
the Department of Commerce has
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certified to the Chief Counsel for
Advocacy of the Small Business
Administration that this proposed rule,
if adopted, will not have a significant
economic impact on a substantial
number of small entities. A description
of the factual basis for this
determination follows. All monetary
estimates in the following analysis are
in 2020 dollars.
This proposed rule would revise the
ABC, annual OY, and total ACL for
South Atlantic golden tilefish. The
current ABC, annual OY, and total ACL
are 342,000 lb (155,129 kg). The
recreational component of the current
total ACL is based on MRIP CHTS data.
This proposed rule would change these
values to 435,000 lb (197,313 kg) in
2023, 448,000 lb (203,209 kg) in 2024,
458,000 lb (207,745 kg) in 2025, and
466,000 lb (211,374 kg) in 2026 and
subsequent fishing years. The
recreational component of the proposed
total ACL is based on MRIP FES data.
This proposed rule would also revise
the commercial and recreational
allocations of the total ACL for South
Atlantic golden tilefish from 97 percent
commercial and 3 percent recreational
to 96.70 percent commercial and 3.30
percent recreational. In addition, this
proposed rule would change the start
date of the fishing season for the
longline component of the commercial
sector from January 1 to January 15.
Each of these actions would regulate,
and are expected to directly affect,
commercial fishing businesses that
commercially harvest South Atlantic
golden tilefish. The average number of
commercial fishing vessels that
harvested South Atlantic golden tilefish
between 2016 and 2020 was 106 vessels
per year. Of those 106 vessels, 20
vessels specifically used longline gear to
harvest South Atlantic golden tilefish on
average per year.
Although the proposed changes to the
total ACL and sector allocations also
regulate for-hire fishing businesses that
harvest golden tilefish by limiting their
aggregate harvest, the analysis assumes
that changes in the recreational portion
of the total ACL would only affect catch
per trip, not the overall number of target
trips taken by for-hire fishing
businesses, because of the relatively low
bag limit for golden tilefish and the
relatively large number of substitute
target species for golden tilefish.
Because for-hire fishing activity is not
expected to change, the profits of forhire businesses are not expected to
change because of these actions.
This proposed rule would also modify
the recreational AMs for golden tilefish
and blueline tilefish. AMs do not
regulate or directly affect for-hire fishing
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businesses. Thus, those actions are not
germane under the Regulatory
Flexibility Act (RFA). This proposed
rule would also reduce the bag limit for
blueline tilefish from 3 fish to 2 fish per
angler per day and prohibit captain and
crew on for-hire fishing trips from
retaining the recreational bag limit.
Recreational bag limits regulate the
harvesting behavior of recreational
anglers, including for-hire captain and
crew, not the behavior of for-hire fishing
businesses. Recreational anglers are not
considered entities under the RFA, and
thus the effects of those actions are also
not germane to this analysis.
For RFA purposes, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (50 CFR 200.2). A
business primarily involved in the
commercial fishing industry is classified
as a small business if it is independently
owned and operated, is not dominant in
its field of operation (including its
affiliates), and its combined annual
receipts (revenue) do not exceed $11
million for all its affiliated operations
worldwide. NMFS does not possess
ownership data to determine whether
commercial fishing vessels harvesting
South Atlantic golden tilefish may be
affiliated. Thus, each vessel is assumed
to represent a single commercial fishing
business. From 2016 through 2020, the
maximum annual gross revenue earned
by a single commercial fishing vessel
that harvested South Atlantic golden
tilefish was about $581,344. Based on
this information, all commercial fishing
businesses regulated by this proposed
rule are determined to be small entities
for the purpose of this analysis.
This proposed rule, if implemented, is
expected to regulate all 106 commercial
fishing vessels that commercially
harvest South Atlantic golden tilefish.
These vessels represent about 17
percent of all commercial fishing vessels
with South Atlantic snapper grouper
permits. Therefore, this proposed rule is
expected to affect a substantial number
of small entities.
The proposed action to revise the
ABC, annual OY, and total ACL for
South Atlantic golden tilefish from
342,000 lb (155,129 kg) based on MRIP
CHTS data, to 435,000 lb (197,313 kg) in
2023, 448,000 lb (203,209 kg) in 2024,
458,000 lb (207,745 kg) in 2025, and
466,000 lb (211,374 kg) in 2026 and
subsequent fishing years based on MRIP
FES data is expected to benefit
commercial fishing vessels that harvest
South Atlantic golden tilefish.
Specifically, commercial landings of
South Atlantic golden tilefish averaged
335,285 lb (152,083 kg) per year from
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2016 through 2020. The proposed total
ACLs would increase the commercial
ACL from 2023 through 2026 by an
average of 105,102 lb (47,673 kg) per
year. Because the commercial sector
typically harvests all or almost all its
ACL, it is assumed that the proposed
commercial ACLs would be fully
harvested. Given an average ex-vessel
price of $4.71 per pound, annual gross
revenue is expected to increase by
approximately $495,030 per year on
average. Because economic profit is
approximately 4 percent of annual gross
revenue for the affected fleet of
commercial vessels, economic profit is
expected to increase by about $19,801,
or by approximately $187 per vessel.
Average annual economic profit for
these vessels is approximately $3,309
per vessel. Thus, this proposed action is
expected to increase these commercial
fishing vessels’ economic profits by
about 5.7 percent.
The proposed action to reduce the
commercial allocation of the total ACL
for South Atlantic golden tilefish from
97 percent to 96.70 percent is expected
to have minor adverse effects on
commercial fishing vessels. Even though
the proposed commercial ACLs for 2023
through 2026 are higher than the current
commercial ACL of 331,740 lb (150,475
kg), as well as the average commercial
landings from 2016 through 2020, the
reduction in the commercial allocation
of the total ACL would be expected to
reduce landings from what they would
have been if the commercial allocation
remained at 97 percent. However, the
average reduction in commercial
landings under the proposed
commercial allocation of 96.70 percent
is only 1,355 lb (615 kg) per year on
average from 2023 through 2026. This
reduction in landings would be
expected to reduce gross revenue by
$6,383 per year, and thus economic
profit by $255 per year. On a per vessel
basis, the reductions in gross revenue
and economic profit are only $60.00 and
$2.40 per year. Thus, economic profit
per commercial fishing vessel is
expected to be reduced by less than 0.01
percent on average per year as a result
of reducing the commercial allocation of
the total ACL. These minor adverse
effects are significantly outweighed by
the positive effects of the proposed
action to change the total ACL.
The proposed action to change the
starting date of the fishing season for the
longline component of the commercial
sector from January 1 to January 15 is
expected to benefit vessels that harvest
South Atlantic golden tilefish using
longline gear. Starting the longline
season at a later date is expected to shift
some of the longline landings of South
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Atlantic golden tilefish from January to
March and April. From 2016 through
2020, the average ex-vessel price of
South Atlantic golden tilefish in January
was only $4.53 per pound. However, the
average ex-vessel price was $4.86 per
pound in March and $5.10 per pound in
April. By shifting a higher proportion of
the landings into March and April, gross
revenue from commercial golden tilefish
landings by longline vessels is expected
to increase by approximately $27,475
per year on average. Economic profit is
therefore expected to increase by about
$1,100 per year on average. From 2016
through 2020, average gross revenue
was approximately $106,479 per year
while average economic profit per year
was about $4,259 per commercial
longline vessel. Given that 20 vessels
harvested South Atlantic golden tilefish
per year on average during this time,
gross revenue and economic profit per
vessel are expected to increase by
$1,374 and $55, respectively. Thus, the
proposed change in the starting date for
the longline season from January 1 to
January 15 is expected to increase
annual economic profit by about 1.3
percent on average per vessel.
Based on the information above,
although a substantial number of small
entities would be affected by this
proposed rule, this proposed rule would
not have a significant economic impact
on those entities. Because this proposed
rule, if implemented, would not have a
significant economic impact on a
substantial number of small entities, an
initial regulatory flexibility analysis is
not required and none has been
prepared.
This proposed rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
List of Subjects in 50 CFR Part 622
Blueline tilefish, Commercial,
Fisheries, Fishing, Golden tilefish,
Recreational, South Atlantic.
Dated: August 21, 2023.
Samuel D. Rauch, III
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
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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.
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2. In § 622.183, add paragraph (b)(10)
to read as follows:
■
§ 622.183
Area and seasonal closures.
*
*
*
*
*
(b) * * *
(10) Golden tilefish commercial
longline component. The golden tilefish
commercial longline component in or
from the South Atlantic EEZ is closed
from January 1 through January 14, each
year. During a closure, no vessel with a
valid or renewable golden tilefish
longline endorsement as described at 50
CFR 622.191(a)(2)(ii), and no person,
may fish for, harvest or possess golden
tilefish from the South Atlantic EEZ
with longline gear on board.
■ 3. In § 622.187, add paragraph
(b)(2)(iv) to read as follows:
§ 622.187
Bag and possession limits.
*
*
*
*
*
(b) * * *
(2) * * *
(iv) No more than two fish may be
blueline tilefish. However, no blueline
tilefish 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.
*
*
*
*
*
■ 4. In § 622.190, revise paragraph (a)(2)
to read as follows:
§ 622.190
Quotas.
*
*
*
*
*
(a) * * *
(2) Golden tilefish. (i) Commercial
sector (hook-and-line and longline
components combined).
(A) For the 2023 fishing year—
420,645 lb (190,801 kg).
(B) For the 2024 fishing year—433,216
lb (196,503 kg).
(C) For the 2025 fishing year—442,886
lb (200,890 kg).
(D) For the 2026 and subsequent
fishing years—450,622 lb (204,399 kg).
(ii) Hook-and-line component.
(A) For the 2023 fishing year—
105,161 lb (47,700 kg).
(B) For the 2024 fishing year—108,304
lb (49,126 kg).
(C) For the 2025 fishing year—110,722
lb (50,223 kg).
(D) For the 2026 and subsequent
fishing years—112,656 lb (51,100 kg).
(iii) Longline component.
(A) For the 2023 fishing year—
315,484 lb (143,101 kg).
(B) For the 2024 fishing year—324,912
lb (147,378 kg).
(C) For the 2025 fishing year—332,165
lb (150,668 kg).
(D) For the 2026 and subsequent
fishing years—337,967 lb (153,299 kg).
*
*
*
*
*
■ 5. Amend § 622.193 by:
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57921
a. Revising paragraphs (a)(1)(iii),
(a)(2);
■ b. Adding new paragraph (a)(3); and
■ c. Revising paragraph (z)(2).
The revisions and addition read as
follows:
■
§ 622.193 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
(a) * * *
(1) * * *
(iii) If all commercial landings of
golden tilefish, as estimated by the SRD,
exceed the commercial ACL (including
both the hook-and-line and longline
component quotas) specified in
§ 622.190(a)(2)(i), and the combined
commercial and recreational ACL
specified in paragraph (a)(3) of this
section is exceeded during the same
fishing year, and golden tilefish 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. The
recreational ACL for golden tilefish is
2,559 fish for the 2023 fishing year;
2,635 fish for the 2024 fishing year;
2,694 for the 2025 fishing year; 2,741
fish for the 2026 and subsequent fishing
years. NMFS will project the length of
the recreational fishing season based on
catch rates from the previous fishing
year and when NMFS projects the
recreational ACL specified in this
paragraph (a)(2) is expected to be met,
and annually announce the recreational
fishing season end date in the Federal
Register. On and after the effective date
of the recreational closure notification,
the bag and possession limit for golden
tilefish in or from the South Atlantic
EEZ is zero.
(3) Combined commercial and
recreational ACL. The combined
commercial and recreational ACL is
435,000 lb (197,313 kg), gutted weight,
for the 2023 fishing year; 448,000 lb
(203,209 kg), gutted weight, for the 2024
fishing year; 458,000 lb (207,745 kg),
gutted weight, for the 2025 fishing year;
and 466,000 lb (211,374 kg), gutted
weight, for the 2026 and subsequent
fishing years.
*
*
*
*
*
(z) * * *
(2) Recreational sector. The
recreational ACL for blueline tilefish is
116,820 lb (52,989 kg), round weight.
NMFS will project the length of the
recreational fishing season based on
catch rates from the previous fishing
year and when NMFS projects the
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recreational ACL specified in this
paragraph (z)(2) is expected to be met,
and annually announce the recreational
fishing season end date in the Federal
Register. On and after the effective date
of the recreational closure notification,
the bag and possession limit for blueline
tilefish in or from the South Atlantic
EEZ is zero.
*
*
*
*
*
[FR Doc. 2023–18247 Filed 8–23–23; 8:45 am]
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]]>Agencies
[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Proposed Rules]
[Pages 57916-57922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18247]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230821-0200]
RIN 0648-BM12
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic; Amendment 52
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 57917]]
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations to implement Amendment 52 to the
Fishery Management Plan for the Snapper-Grouper Fishery of the South
Atlantic (FMP), as submitted by the South Atlantic Fishery Management
Council (the Council). For golden tilefish, this proposed rule would
revise the annual catch limits (ACLs), commercial longline component
fishing season, and recreational accountability measures (AMs). For
blueline tilefish, this proposed rule would reduce the recreational bag
limit, modify the possession limits, and revise the recreational AMs.
In addition, Amendment 52 would update the acceptable biological catch
(ABC), overfishing limit (OFL), and annual optimum yield (OY). The
purpose of this proposed rule and Amendment 52 is to respond to the
most recent stock assessment for golden tilefish, and to prevent
recreational landings from exceeding the recreational annual catch
limits (ACLs) for golden tilefish and blueline tilefish.
DATES: Written comments must be received on or before September 25,
2023.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2023-0082,'' 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-2023-0082'', in the Search
box. Click the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
Mail: Submit written comments to Karla Gore, 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 52, 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-52-changes-catch-levels-allocations-accountability-measures-and-management.
FOR FURTHER INFORMATION CONTACT: Karla Gore, telephone: 727-824-5305,
or email: [email protected].
SUPPLEMENTARY INFORMATION: The South Atlantic snapper-grouper fishery,
which includes golden tilefish and blueline tilefish, is managed under
the FMP. The FMP was developed 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 the regional
fishery management councils prevent overfishing and achieve, on a
continuing basis, the optimum yield (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.
The South Atlantic stock of golden tilefish was first assessed
through the Southeast Data, Assessment, and Review (SEDAR) process in
2004 (SEDAR 4). In response to the assessment, the Council submitted
management measures in Amendment 13C to the FMP. The final rule to
implement Amendment 13C specified a commercial quota for golden
tilefish of 295,000 lb (133,810 kg); a commercial trip limit for golden
tilefish of 4,000 lb (1,814 kg), and, if 75 percent of the quota is
landed on or before September 1, then a reduction of the trip limit to
300 lb (136 kg); and a recreational bag limit of one golden tilefish
per person per day included within the five-grouper aggregate bag limit
(71 FR 55096, September 21, 2006). The Council submitted sector
allocations for golden tilefish in Amendment 17B to the FMP, allocating
97 percent of the ACL to the commercial sector and 3 percent of the ACL
to the recreational sector. In addition, for golden tilefish, Amendment
17B contained management measures that established: a total ACL of
291,566 lb (132,252 kg), a commercial ACL of 282,819 lb (128,285 kg),
and a recreational ACL of 1,578 fish; commercial and recreational AMs;
and a longline endorsement for the commercial component of golden
tilefish (75 FR 82280, December 30, 2010).
In 2011, a new stock assessment was completed for golden tilefish
(SEDAR 25 2011) and the Council submitted Regulatory Amendment 12 to
the FMP in response to the assessment. In Regulatory Amendment 12, the
total ACL was set at 558,036 lb (253,121 kg), the existing allocations
were applied to revise the sector ACLs to 541,295 lb (245,527 kg) for
the commercial sector and 3,019 fish for the recreational sector, and
the recreational annual catch target and sector AMs were revised (77 FR
61295, October 9, 2012). In Amendment 18B to the FMP, the golden
tilefish commercial ACL was divided between two commercial fishing gear
components, assigning 75 percent of the ACL to the longline component
with a 4,000 lb (1,814 kg) trip limit and 25 percent of the ACL to the
hook-and-line component with a 500 lb (227 kg) trip limit (78 FR 23858,
April 23, 2013).
In 2016, an update to the SEDAR 25 stock assessment indicated that
golden tilefish were undergoing overfishing (SEDAR 25 Update 2016).
Following two interim rules that immediately aimed to reduce the
overfishing (83 FR 65, January 2, 2018; 83 FR 28387, June 19, 2018),
Regulatory Amendment 28 to the FMP implemented long-term measures that
reduced the golden tilefish ACLs. The existing allocations were applied
to revise the sector ACLs to 331,740 lb (150,475 kg) for the commercial
sector (further divided with 75 percent to the longline component and
25 percent to the hook-and-line component) and 2,316 fish for the
recreational sector (83 FR 62508, December 4, 2018).
The Council submitted Amendment 52 to the FMP in response to a new
stock assessment for golden tilefish. The new assessment, SEDAR 66, was
completed in 2020 and it indicated that the stock was not undergoing
overfishing and was not overfished. SEDAR 66 includes recreational
landings estimates using the Marine Recreational Information Program
(MRIP) Fishing Effort Survey (FES) as discussed below. The revised
catch levels recommended by the Council in Amendment 52 and in this
proposed rule are based on their SSC's recommended ABC and the results
of SEDAR 66. The Council received the
[[Page 57918]]
results of the assessment and the SSC's recommendations for the OFL and
ABC at the June 2021 Council meeting.
In response to golden tilefish longline vessel fishermen's concerns
about avoiding oversupplying the market in the first part of January
and allowing commercial longline vessels to remain fishing for golden
tilefish during the Lenten season when prices tend to be relatively
high, this proposed rule would change the starting date of the fishing
season for the commercial longline component from January 1st to
January 15th.
As for blueline tilefish, revising certain management measures
would help keep the recreational sector within its ACL because the
recreational landings for blueline tilefish managed under the FMP
exceeded the recreational ACL every year from 2015-2020. The most
recent stock assessments for blueline tilefish were completed in 2017
and did not indicate that the stock was undergoing overfishing or was
being overfished.
NMFS has preliminarily determined that the actions in Amendment 52
and this proposed rule are based on the best scientific information
available and are intended to achieve OY while minimizing, to the
extent practicable, adverse social and economic effects pending further
review following public comment.
Management Measures Contained in This Proposed Rule
For golden tilefish, this proposed rule would revise the sector
ACLs, commercial component quotas, commercial longline component
fishing season, and recreational AMs. For blueline tilefish, this
proposed rule would revise the recreational bag and possession limits
and recreational AMs.
Golden Tilefish Total ACL
As implemented through Regulatory Amendment 28 to the FMP, the
current total ACL and annual OY for golden tilefish are equal to the
current ABC of 342,000 lb (155,129 kg) (83 FR 62508, December 4, 2018).
In Amendment 52, the ABC would be revised based on SEDAR 66 and the
recommendation of the SSC, and the ABC, ACL, and annual OY would be set
equal to each of these values.
Amendment 52 would revise the total ACL and annual OY equal to the
recommended ABC of 435,000 lb (197,313 kg) for 2023; 448,000 lb
(203,209 kg) for 2024; 458,000 lb (207,745 kg) for 2025; 466,000 lb
(211,374 kg) for 2026 and subsequent fishing years.
Golden Tilefish Sector Allocations and ACLs
Amendment 52 would revise the sector allocations and sector ACLs
for golden tilefish. The current sector ACLs for golden tilefish are
based on the commercial and recreational allocations of the total ACL
at 97 percent and 3 percent, respectively. The current allocations are
based on the allocation formula [ACL = ((mean landings 2006-2008) *
0.5)) + ((mean landings 1986-2008) * 0.5))] adopted by the Council in
the Comprehensive ACL Amendment to the FMP, which considered past and
present participation (77 FR 15915, March 16, 2012). The Council
established those allocations based on balancing long-term catch
history with more recent catch history and believed that approach to be
a fair and equitable method to allocate fishery resources.
The revised golden tilefish sector allocations in Amendment 52
would result in commercial and recreational allocations of 96.70
percent and 3.30 percent, respectively. The revised sector allocations
were achieved by applying the allocation formula (described above) to
the recreational MRIP FES estimates used in SEDAR 66. Utilizing these
revised recreational estimates would result in a slight shift of
allocation to the recreational sector, with the percentages of annual
catch increasing from the current 3 percent to the proposed 3.30
percent. The limited recreational effort for, and harvest of, golden
tilefish, were considered in determining that allocating 3.30 percent
of the revised total ACL for golden tilefish to the recreational sector
is a fair and equitable allocation that is reasonably calculated to
promote conservation and does not give any entity an excessive share of
harvest privileges based on the historical and current harvest of
golden tilefish. In addition, this allocation division would encourage
a rational and well-managed use of the golden tilefish resource, which
optimizes social and economic benefits.
This proposed rule would revise the commercial ACLs (commercial
sector hook-and-line and longline components combined) to be 420,645 lb
(190,801 kg) for 2023; 433,216 lb (196,503 kg) for 2024; 442,886 lb
(200,890 kg) for 2025; and 450,622 lb (204,399 kg) for the 2026 and
subsequent fishing years.
This proposed rule would revise the recreational ACLs (in numbers
of fish) to be 2,559 for the 2023 fishing year; 2,635 for the 2024
fishing year; 2,694 for the 2025 fishing year; 2,741 for the 2026 and
subsequent fishing years.
Golden Tilefish Commercial Component Allocations
As discussed above, the commercial ACL is allocated between two
gear components: 25 percent is allocated to the hook-and-line component
and 75 percent to the longline component (77 FR 23858, April 23, 2013).
The allocation percentages between the hook-and-line and longline
components were not modified in Amendment 52. However, this proposed
rule would revise the hook-and-line and longline component ACLs
(quotas) based on the revised commercial ACL. The commercial hook-and-
line ACL would be 105,161 lb (47,700 kg) for 2023; 108,304 lb (49,126
kg) for 2024; 110,722 lb (50,223 kg) for 2025; and 112,656 lb (51,100
kg) for 2026 and subsequent fishing years.
The ACLs for the longline component would be 315,484 lb (143,101
kg) for 2023; 324,912 lb (147,378 kg) for 2024; 332,165 lb (150,668 kg)
for 2025; and 337,967 lb (153,299 kg) for the 2026 and subsequent
fishing years.
Golden Tilefish Commercial Longline Component Fishing Season
This proposed rule would change the start date for the fishing
season for the commercial longline component from January 1st to
January 15th. A closed season would be established for the commercial
longline component annually from January 1 through January 14. Starting
the commercial season on January 15th for the longline component would
help to avoid oversupplying the market in the first part of January and
would allow commercial longline vessels to remain fishing for golden
tilefish during the Lenten season when prices tend to be relatively
high.
Blueline Tilefish Recreational Bag and Possession Limits
In August 2016, Regulatory Amendment 25 to the FMP established the
current recreational bag limit of three fish per person per day (81 FR
45245, July 13, 2016). As discussed above, recreational landings for
blueline tilefish have exceeded the recreational ACL every year from
2015-2020. This proposed rule would reduce the recreational bag limit
for blueline tilefish from three to two fish per person per day to help
prevent recreational landings from exceeding the recreational ACL in
future fishing years.
Additionally, the captain and crew of a for-hire vessel with a
valid Federal South Atlantic Charter/Headboat Snapper-Grouper Permit
are currently allowed to retain bag limit quantities of
[[Page 57919]]
all snapper-grouper species during the open recreational season. In
addition to reducing the recreational bag and possession limits to two
fish per person per day, this proposed rule would prohibit the
retention of blueline tilefish by the captain and crew in Amendment 52.
A bag limit of two blueline tilefish per person per day and prohibiting
retention of the bag limit by captain and crew would result in an
overall 12.2 percent reduction in harvest for the recreational sector.
The measures to reduce the blueline tilefish bag limit from three to
two fish per person per day and prohibit the retention of the bag limit
by for-hire captain and crew would, in combination, be expected to keep
the recreational landings of blueline tilefish within the recreational
ACL.
Golden Tilefish and Blueline Tilefish Recreational AMs
This proposed rule would also revise the recreational AMs for
golden tilefish and blueline tilefish. The current recreational AMs for
golden tilefish were established through the final rule for Amendment
34 to the FMP (81 FR 3731, January 22, 2016). The current recreational
AMs for blueline tilefish were established through the final rule for
Amendment 32 to the FMP (80 FR 16583, March 30, 2015). The current AMs
for both species include an in-season closure for the remainder of the
fishing year if recreational landings reach or are projected to reach
their respective recreational ACL. The current post-season AMs state if
the recreational ACL is exceeded, then during the following fishing
year, recreational landings will be monitored for a persistence in
increased landings and during that following fishing year, if the total
ACL is exceeded and the species is overfished, the length of the
recreational fishing season is reduced and the recreational ACL is
reduced by the amount of the recreational ACL overage.
This proposed rule would revise the recreational AMs for both
golden tilefish and blueline tilefish to remove the current in-season
closure if the recreational ACL is reached or is projected to be
reached, and the post-season AM that is tied to the overfished status
of the stock. The revised recreational AM would have NMFS projecting
the length of the recreational season based on catch rates from the
previous fishing year to determine when the recreational ACL would be
expected to be met. NMFS would announce the length of the recreational
season and its ending date annually in the Federal Register.
The current AMs would be revised because of the time delay of when
recreational landings information becomes available to use for in-
season actions for species with short fishing seasons or relatively
small amounts of fish. For blueline tilefish, the current recreational
fishing season is 4 months long, from May through August, and the
recreational ACL for golden tilefish is 2,316 fish. In these
circumstances, the current in-season AMs would not be effective in
keeping landings from exceeding the recreational ACL. As previously
discussed, the recreational landings for blueline tilefish exceeded the
recreational ACL every year from 2015-2020. The golden tilefish
recreational ACL has also frequently been exceeded, with the
recreational sector exceeding its ACL every year since 2010, except for
2014 and 2017.
The current post-season recreational AMs that would apply
corrective action for ACL overages were not being triggered because
they were tied to a determination that the stock was overfished, and
neither blueline nor golden tilefish is considered to be overfished.
Consequently, any overages of the recreational ACL would be likely to
continue to occur.
In addition, the Magnuson-Stevens Act Guidelines under National
Standard 1 advise Councils to reevaluate the system of ACLs and AMs
when overages of a stock's ACL occur more than once in 4 consecutive
years. The purpose of the revised AMs is to prevent recreational
landings from exceeding the respective recreational ACLs for both
golden tilefish and blueline tilefish. The revised recreational AMs
would be more effective at restraining landings to the recreational
ACL. For blueline tilefish, Amendment 52 would both modify the
recreational AM and reduce the recreational retention limit to further
ensure recreational landings would not exceed the ACL. Amendment 52 and
this proposed rule would not adjust commercial AMs for either species.
Management Measures in Amendment 52 Not Codified by This Proposed Rule
In addition to the measures within this proposed rule, Amendment 52
would revise the OFL and update other biological reference points and
revise the ABC, OY, and sector allocations for golden tilefish.
Golden Tilefish ABC and Annual OY
The current OFL and ABC are inclusive of MRIP Coastal Household
Telephone Survey (CHTS) estimates of private recreational and charter
landings. The Council's SSC reviewed the latest stock assessment (SEDAR
66) and recommended new ABC levels as determined by SEDAR 66. 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 52, 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 measure fishing activity more accurately and 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 a more robust method when compared to the
MRIP CHTS method. The new ABC recommendations within Amendment 52 also
represent the best scientific information available as determined by
the SSC.
The OY for golden tilefish would be specified on an annual basis
and would be set 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 52, 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.
The Magnuson-Stevens Act provides the legal basis for this proposed
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified. The objective of this proposed rule is to base
conservation and management measures for golden and blueline tilefish
on the best scientific information available and achieve OY, consistent
with the Magnuson-Stevens Act and its National Standards.
The Chief Counsel for Regulation of the Department of Commerce has
[[Page 57920]]
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, will not have a
significant economic impact on a substantial number of small entities.
A description of the factual basis for this determination follows. All
monetary estimates in the following analysis are in 2020 dollars.
This proposed rule would revise the ABC, annual OY, and total ACL
for South Atlantic golden tilefish. The current ABC, annual OY, and
total ACL are 342,000 lb (155,129 kg). The recreational component of
the current total ACL is based on MRIP CHTS data. This proposed rule
would change these values to 435,000 lb (197,313 kg) in 2023, 448,000
lb (203,209 kg) in 2024, 458,000 lb (207,745 kg) in 2025, and 466,000
lb (211,374 kg) in 2026 and subsequent fishing years. The recreational
component of the proposed total ACL is based on MRIP FES data. This
proposed rule would also revise the commercial and recreational
allocations of the total ACL for South Atlantic golden tilefish from 97
percent commercial and 3 percent recreational to 96.70 percent
commercial and 3.30 percent recreational. In addition, this proposed
rule would change the start date of the fishing season for the longline
component of the commercial sector from January 1 to January 15. Each
of these actions would regulate, and are expected to directly affect,
commercial fishing businesses that commercially harvest South Atlantic
golden tilefish. The average number of commercial fishing vessels that
harvested South Atlantic golden tilefish between 2016 and 2020 was 106
vessels per year. Of those 106 vessels, 20 vessels specifically used
longline gear to harvest South Atlantic golden tilefish on average per
year.
Although the proposed changes to the total ACL and sector
allocations also regulate for-hire fishing businesses that harvest
golden tilefish by limiting their aggregate harvest, the analysis
assumes that changes in the recreational portion of the total ACL would
only affect catch per trip, not the overall number of target trips
taken by for-hire fishing businesses, because of the relatively low bag
limit for golden tilefish and the relatively large number of substitute
target species for golden tilefish. Because for-hire fishing activity
is not expected to change, the profits of for-hire businesses are not
expected to change because of these actions.
This proposed rule would also modify the recreational AMs for
golden tilefish and blueline tilefish. AMs do not regulate or directly
affect for-hire fishing businesses. Thus, those actions are not germane
under the Regulatory Flexibility Act (RFA). This proposed rule would
also reduce the bag limit for blueline tilefish from 3 fish to 2 fish
per angler per day and prohibit captain and crew on for-hire fishing
trips from retaining the recreational bag limit. Recreational bag
limits regulate the harvesting behavior of recreational anglers,
including for-hire captain and crew, not the behavior of for-hire
fishing businesses. Recreational anglers are not considered entities
under the RFA, and thus the effects of those actions are also not
germane to this analysis.
For RFA purposes, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (50 CFR 200.2). A business primarily
involved in the commercial fishing industry is classified as a small
business if it is independently owned and operated, is not dominant in
its field of operation (including its affiliates), and its combined
annual receipts (revenue) do not exceed $11 million for all its
affiliated operations worldwide. NMFS does not possess ownership data
to determine whether commercial fishing vessels harvesting South
Atlantic golden tilefish may be affiliated. Thus, each vessel is
assumed to represent a single commercial fishing business. From 2016
through 2020, the maximum annual gross revenue earned by a single
commercial fishing vessel that harvested South Atlantic golden tilefish
was about $581,344. Based on this information, all commercial fishing
businesses regulated by this proposed rule are determined to be small
entities for the purpose of this analysis.
This proposed rule, if implemented, is expected to regulate all 106
commercial fishing vessels that commercially harvest South Atlantic
golden tilefish. These vessels represent about 17 percent of all
commercial fishing vessels with South Atlantic snapper grouper permits.
Therefore, this proposed rule is expected to affect a substantial
number of small entities.
The proposed action to revise the ABC, annual OY, and total ACL for
South Atlantic golden tilefish from 342,000 lb (155,129 kg) based on
MRIP CHTS data, to 435,000 lb (197,313 kg) in 2023, 448,000 lb (203,209
kg) in 2024, 458,000 lb (207,745 kg) in 2025, and 466,000 lb (211,374
kg) in 2026 and subsequent fishing years based on MRIP FES data is
expected to benefit commercial fishing vessels that harvest South
Atlantic golden tilefish. Specifically, commercial landings of South
Atlantic golden tilefish averaged 335,285 lb (152,083 kg) per year from
2016 through 2020. The proposed total ACLs would increase the
commercial ACL from 2023 through 2026 by an average of 105,102 lb
(47,673 kg) per year. Because the commercial sector typically harvests
all or almost all its ACL, it is assumed that the proposed commercial
ACLs would be fully harvested. Given an average ex-vessel price of
$4.71 per pound, annual gross revenue is expected to increase by
approximately $495,030 per year on average. Because economic profit is
approximately 4 percent of annual gross revenue for the affected fleet
of commercial vessels, economic profit is expected to increase by about
$19,801, or by approximately $187 per vessel. Average annual economic
profit for these vessels is approximately $3,309 per vessel. Thus, this
proposed action is expected to increase these commercial fishing
vessels' economic profits by about 5.7 percent.
The proposed action to reduce the commercial allocation of the
total ACL for South Atlantic golden tilefish from 97 percent to 96.70
percent is expected to have minor adverse effects on commercial fishing
vessels. Even though the proposed commercial ACLs for 2023 through 2026
are higher than the current commercial ACL of 331,740 lb (150,475 kg),
as well as the average commercial landings from 2016 through 2020, the
reduction in the commercial allocation of the total ACL would be
expected to reduce landings from what they would have been if the
commercial allocation remained at 97 percent. However, the average
reduction in commercial landings under the proposed commercial
allocation of 96.70 percent is only 1,355 lb (615 kg) per year on
average from 2023 through 2026. This reduction in landings would be
expected to reduce gross revenue by $6,383 per year, and thus economic
profit by $255 per year. On a per vessel basis, the reductions in gross
revenue and economic profit are only $60.00 and $2.40 per year. Thus,
economic profit per commercial fishing vessel is expected to be reduced
by less than 0.01 percent on average per year as a result of reducing
the commercial allocation of the total ACL. These minor adverse effects
are significantly outweighed by the positive effects of the proposed
action to change the total ACL.
The proposed action to change the starting date of the fishing
season for the longline component of the commercial sector from January
1 to January 15 is expected to benefit vessels that harvest South
Atlantic golden tilefish using longline gear. Starting the longline
season at a later date is expected to shift some of the longline
landings of South
[[Page 57921]]
Atlantic golden tilefish from January to March and April. From 2016
through 2020, the average ex-vessel price of South Atlantic golden
tilefish in January was only $4.53 per pound. However, the average ex-
vessel price was $4.86 per pound in March and $5.10 per pound in April.
By shifting a higher proportion of the landings into March and April,
gross revenue from commercial golden tilefish landings by longline
vessels is expected to increase by approximately $27,475 per year on
average. Economic profit is therefore expected to increase by about
$1,100 per year on average. From 2016 through 2020, average gross
revenue was approximately $106,479 per year while average economic
profit per year was about $4,259 per commercial longline vessel. Given
that 20 vessels harvested South Atlantic golden tilefish per year on
average during this time, gross revenue and economic profit per vessel
are expected to increase by $1,374 and $55, respectively. Thus, the
proposed change in the starting date for the longline season from
January 1 to January 15 is expected to increase annual economic profit
by about 1.3 percent on average per vessel.
Based on the information above, although a substantial number of
small entities would be affected by this proposed rule, this proposed
rule would not have a significant economic impact on those entities.
Because this proposed rule, if implemented, would not have a
significant economic impact on a substantial number of small entities,
an initial regulatory flexibility analysis is not required and none has
been prepared.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Blueline tilefish, Commercial, Fisheries, Fishing, Golden tilefish,
Recreational, South Atlantic.
Dated: August 21, 2023.
Samuel D. Rauch, III
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 622 as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.183, add paragraph (b)(10) to read as follows:
Sec. 622.183 Area and seasonal closures.
* * * * *
(b) * * *
(10) Golden tilefish commercial longline component. The golden
tilefish commercial longline component in or from the South Atlantic
EEZ is closed from January 1 through January 14, each year. During a
closure, no vessel with a valid or renewable golden tilefish longline
endorsement as described at 50 CFR 622.191(a)(2)(ii), and no person,
may fish for, harvest or possess golden tilefish from the South
Atlantic EEZ with longline gear on board.
0
3. In Sec. 622.187, add paragraph (b)(2)(iv) to read as follows:
Sec. 622.187 Bag and possession limits.
* * * * *
(b) * * *
(2) * * *
(iv) No more than two fish may be blueline tilefish. However, no
blueline tilefish 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.
* * * * *
0
4. In Sec. 622.190, revise paragraph (a)(2) to read as follows:
Sec. 622.190 Quotas.
* * * * *
(a) * * *
(2) Golden tilefish. (i) Commercial sector (hook-and-line and
longline components combined).
(A) For the 2023 fishing year--420,645 lb (190,801 kg).
(B) For the 2024 fishing year--433,216 lb (196,503 kg).
(C) For the 2025 fishing year--442,886 lb (200,890 kg).
(D) For the 2026 and subsequent fishing years--450,622 lb (204,399
kg).
(ii) Hook-and-line component.
(A) For the 2023 fishing year--105,161 lb (47,700 kg).
(B) For the 2024 fishing year--108,304 lb (49,126 kg).
(C) For the 2025 fishing year--110,722 lb (50,223 kg).
(D) For the 2026 and subsequent fishing years--112,656 lb (51,100
kg).
(iii) Longline component.
(A) For the 2023 fishing year--315,484 lb (143,101 kg).
(B) For the 2024 fishing year--324,912 lb (147,378 kg).
(C) For the 2025 fishing year--332,165 lb (150,668 kg).
(D) For the 2026 and subsequent fishing years--337,967 lb (153,299
kg).
* * * * *
0
5. Amend Sec. 622.193 by:
0
a. Revising paragraphs (a)(1)(iii), (a)(2);
0
b. Adding new paragraph (a)(3); and
0
c. Revising paragraph (z)(2).
The revisions and addition read as follows:
Sec. 622.193 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs).
(a) * * *
(1) * * *
(iii) If all commercial landings of golden tilefish, as estimated
by the SRD, exceed the commercial ACL (including both the hook-and-line
and longline component quotas) specified in Sec. 622.190(a)(2)(i), and
the combined commercial and recreational ACL specified in paragraph
(a)(3) of this section is exceeded during the same fishing year, and
golden tilefish 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. The recreational ACL for golden tilefish
is 2,559 fish for the 2023 fishing year; 2,635 fish for the 2024
fishing year; 2,694 for the 2025 fishing year; 2,741 fish for the 2026
and subsequent fishing years. NMFS will project the length of the
recreational fishing season based on catch rates from the previous
fishing year and when NMFS projects the recreational ACL specified in
this paragraph (a)(2) is expected to be met, and annually announce the
recreational fishing season end date in the Federal Register. On and
after the effective date of the recreational closure notification, the
bag and possession limit for golden tilefish in or from the South
Atlantic EEZ is zero.
(3) Combined commercial and recreational ACL. The combined
commercial and recreational ACL is 435,000 lb (197,313 kg), gutted
weight, for the 2023 fishing year; 448,000 lb (203,209 kg), gutted
weight, for the 2024 fishing year; 458,000 lb (207,745 kg), gutted
weight, for the 2025 fishing year; and 466,000 lb (211,374 kg), gutted
weight, for the 2026 and subsequent fishing years.
* * * * *
(z) * * *
(2) Recreational sector. The recreational ACL for blueline tilefish
is 116,820 lb (52,989 kg), round weight. NMFS will project the length
of the recreational fishing season based on catch rates from the
previous fishing year and when NMFS projects the
[[Page 57922]]
recreational ACL specified in this paragraph (z)(2) is expected to be
met, and annually announce the recreational fishing season end date in
the Federal Register. On and after the effective date of the
recreational closure notification, the bag and possession limit for
blueline tilefish in or from the South Atlantic EEZ is zero.
* * * * *
[FR Doc. 2023-18247 Filed 8-23-23; 8:45 am]
BILLING CODE 3510-22-P
