Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Amendment 53, 65135-65147 [2023-20324]

Download as PDF ddrumheller on DSK120RN23PROD with RULES1 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations Commission to consider, as part of its implementation, the costs of ‘‘necessary’’ safety and security measures, as well as ‘‘differences in costs’’ based on facility size, or ‘‘other characteristics.’’ It allows the Commission to ‘‘use industry-wide average costs of telephone service and advanced communications services and the average costs of service of a communications service provider’’ in determining just and reasonable rates. To ensure that it has the data needed to meet its substantive and procedural responsibilities under the Act, the Commission delegated to WCB and OEA authority to ‘‘update and restructure’’ the Commission’s latest mandatory data collection, the Third Mandatory Data Collection (OMB Control No. 3060– 1300, Inmate Calling Services (ICS) 2022 One-Time Mandatory Data Collection), ‘‘as appropriate in light of the requirements of the new statute.’’ This delegation requires WCB and OEA to collect ‘‘data on all incarcerated people’s communications services from all providers of those services now subject to’’ the Commission’s expanded ratemaking authority, including, but not limited to, requesting ‘‘more recent data for additional years not covered by the most recent data collection.’’ Pursuant to their delegated authority, WCB and OEA drafted proposed instructions, a reporting template, and a certification form for the proposed 2023 Mandatory Data Collection. Under these proposals, IPCS providers would be required to submit the required data using a reporting template that would be filed through the Commission’s electronic comment filing system (ECFS). The proposed reporting template included a Word document (Appendix A to the instructions) for responses requiring narrative information and Excel spreadsheets (Appendix B to the instructions) for responses that require specific numbers or information. IPCS providers would also be required to submit an audited financial statement or report for 2022, and a signed certification of truthfulness, accuracy, and completeness. The proposed instructions, reporting template, and certification form would simplify compliance with, and reduce the burden of, this data collection. On April 28, 2023, WCB and OEA released the 2023 IPCS Mandatory Data Collection Public Notice seeking comment on all aspects of the proposed instructions, reporting template, and certification form. See 2023 IPCS Mandatory Data Collection Public Notice, WC Docket Nos. 23–62, 12–375, DA 23–355 (WCB/OEA April 28, 2023), VerDate Sep<11>2014 16:08 Sep 20, 2023 Jkt 259001 88 FR 27850 (May 3, 2023). After considering the comments and reply comments filed in response to the Public Notice and the 60-Day Notice, WCB and OEA released an Order on July 26, 2023, adopting the 2023 Mandatory Data Collection, and issuing the related instructions, reporting template, and certification form. See 2023 IPCS Mandatory Data Collection Order, WC Docket Nos. 23–62, 12–375, DA 23–638 (WCB/OEA July 26, 2023). The Order largely implements the proposals set forth in the Public Notice, with refinements and reevaluations responsive to record comments. Under the Order, IPCS providers will be required to submit data using a reporting template to be filed through ECFS in accordance with the instructions adopted by WCB and OEA. The reporting template consists of a Word document (Appendix A to the instructions) for responses requiring narrative information, and Excel spreadsheets (Appendix B to instructions) for responses that require specific numbers and information. IPCS providers will also be required to submit an audited financial statement or report for 2022, and a signed certification of truthfulness, accuracy, and completeness. Federal Communications Commission. Lynne Engledow, Deputy Chief, Pricing Policy Division, Wireline Competition Bureau. [FR Doc. 2023–20518 Filed 9–20–23; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 230914–0219] 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: Final rule. AGENCY: NMFS issues 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, SUMMARY: PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 65135 this final rule revises the sector annual catch limits (ACLs), commercial trip limits, recreational bag, vessel, and possession limits, and recreational accountability measures (AMs). For black grouper, this final rule revises the recreational bag, vessel, and possession limits. In addition, Amendment 53 establishes a rebuilding plan, and revises the overfishing levels, acceptable biological catch (ABC), annual optimum yield (OY), and sector allocations for gag. The purpose of this final 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: This final rule is effective October 23, 2023. ADDRESSES: 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. 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. On June 12, 2023, NMFS published a notice of availability for Amendment 53 and requested public comment (88 FR 38011). On July 13, 2023, NMFS published a proposed rule for Amendment 53 and requested public E:\FR\FM\21SER1.SGM 21SER1 ddrumheller on DSK120RN23PROD with RULES1 65136 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations comment (88 FR 44764). NMFS approved Amendment 53 on September 7, 2023, pursuant to section 304(a)(3) of the Magnuson-Stevens Act. The proposed rule and Amendment 53 outline the rationale for the actions contained in this final rule. A summary of the management measures described in Amendment 53 and implemented by this final rule is described below. All weights described in this final 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. In response to SEDAR 10, management measures were modified in Amendment 16 to the FMP and its final rule, including a spawning season closure to end overfishing (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 ACLs and management measures were modified through Regulatory Amendment 22 to the FMP and its final rule (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 SEDAR 71 at their June 2021 meeting. The assessment used 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 VerDate Sep<11>2014 16:08 Sep 20, 2023 Jkt 259001 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. For the gag stock, the Council’s 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 expected to be above 50 percent, as set forth in the Magnuson-Stevens Act National Standard 1 Guidelines (50 CFR 600.310(j)(3)(i)(A)). The Council accepted the SSC’s recommended ABC values, as discussed below. In Amendment 53, the Council is also revising the overfishing limit (OFL) for gag, and updating other biological reference points. Amendment 53 sets 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 will 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 Final Rule This final rule revises the sector ACLs, commercial trip limits, recreational bag, vessel, and possession limits, and recreational AMs for gag. For black grouper, this final rule implements 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 revises the ABC based on SEDAR 71 and the recommendation PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 of the SSC, and sets the ABC, ACL, and annual OY equal to each other. This final rule revises 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 revises 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 is adjusting 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 allocation method allows for the reductions in 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 for gag is currently operating. The Council chose the 5-year average of commercial and recreational MRIP FES landings from 2015 through 2019, and divided the reduction needed to achieve the new ACL in 2023 proportionally among the sectors. Then in each subsequent year throughout the rebuilding plan, the ACL poundage increase is allocated equally between both sectors and added to each sector’s respective ACL from the previous year. These adjustments will 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 preferred sector allocation method chosen by the Council 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 E:\FR\FM\21SER1.SGM 21SER1 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES1 sector’s allowable catch based on recent landings so that the impact on each sector is more equitable. Similarly, the Council noted that the new allocations will 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 and NMFS consider 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 the SSC’s 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 revised commercial ACLs in this final rule are 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. 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 revised recreational ACLs in this final rule are 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 final rule modifies the commercial trip limit VerDate Sep<11>2014 16:08 Sep 20, 2023 Jkt 259001 for gag to 300 lb (136 kg), without a trip limit reduction. The revised commercial trip limit will increase the likelihood of gag remaining open to commercial harvest and available to consumers for as long as possible during the year while reducing harvest to end overfishing and ensuring rebuilding is achieved. Recreational Vessel Limits for Gag and Black Grouper This final rule establishes a private recreational vessel limit for gag and also a separate private recreational vessel limit for black grouper of two fish per vessel per day for each species, not to exceed the daily bag limit of one fish per person per day (no more than one of those fish may be a gag or a black grouper), whichever is more restrictive. For charter vessel and headboat (forhire) recreational vessels, this final rule establishes a vessel limit for gag and also a separate 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 (no more than one of those fish may be a gag or a black grouper), whichever is more restrictive. There is currently no recreational vessel limit for gag or black grouper. 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 final rule also implements recreational vessel limits for both gag and black grouper to help with harvest constraints for black grouper to indirectly benefit the gag portion of the snapper-grouper fishery. 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 will continue to allow recreational retention and help constrain harvest to the reduced recreational ACL. This final rule does not alter the gag or black grouper recreational bag limits, which will remain one gag or one black grouper per person per day within the three fish aggregate for grouper and tilefish. This final rule establishes per day gag and black grouper recreational PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 65137 vessel limits for the private angling component and per trip gag and black grouper vessel limits for the for-hire component. These separate vessel limits are 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 will 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 final rule sets the gag and black grouper bag limit for captain and crew on a for-hire vessel with a Federal forhire 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 recreational ACL and total ACL are 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 final rule revises the recreational AMs for gag. The current in-season closure AM will be retained and the post-season recreational AM is revised. If recreational landings for gag exceed the recreational ACL, the length of the E:\FR\FM\21SER1.SGM 21SER1 65138 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations following year’s recreational fishing season would be reduced by the amount necessary to prevent the recreational ACL from being exceeded. The revised AM removes 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 revised measure, the AM trigger will not be tied to the total ACL, but only to the recreational ACL. The revised AM modification will 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 will apply to the recreational fishing season following the year of a recreational ACL overage. Additionally, under the revised recreational AM, the length of the recreational season will not be reduced if the Regional Administrator determines, using the best scientific information available, that such reduction is unnecessary. This final rule will not revise the commercial AMs because the Council determined that the current commercial AM remains sufficient to prevent commercial landings from exceeding either the current or revised commercial ACL. Management Measures in Amendment 53 Not Codified by This Final Rule In addition to the measures within this final rule, Amendment 53 revises the OFL for gag and updates other biological reference points. Amendment 53 also establishes a rebuilding plan, and revises the ABC, the annual OY, and the sector allocations for gag. ddrumheller on DSK120RN23PROD with RULES1 Rebuilding Plan for the South Atlantic Gag Stock Amendment 53 establishes 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 will reduce the severity of the management measures and thus result in fewer shortterm negative social and economic impacts on fishing communities. VerDate Sep<11>2014 16:08 Sep 20, 2023 Jkt 259001 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). SEDAR 71 used data from the MRIP FES, which 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). Comments and Reponses NMFS received 10 comment submissions from individuals, commercial and recreational fishermen, and a state agency during the public comment period on the notice of availability and proposed rule for Amendment 53. NMFS acknowledges the comments in favor of the actions in the Amendment 53 and proposed rule and agrees with them. Six comment letters were in opposition to one or more actions within Amendment 53 or the proposed rule. Some comments were outside the scope of Amendment 53 and the proposed rule and are not responded to in this final rule, including one suggestion to transfer management of gag to the South Atlantic states. Comments that opposed the actions contained in Amendment 53 and the proposed rule are summarized below, along with NMFS’ responses. No changes were made to this final rule as a result of public comment. Comment 1: The commercial trip limit for gag should be reduced to 100 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 or 150 lb (45 or 68 kg) instead of 300 lb (136 kg), which would allow the commercial fishing season to stay open longer. This would reduce regulatory discards of gag when other snappergrouper species such as greater amberjack are targeted. Response: NMFS acknowledges the importance of gag to the seafood market and commercial fishermen’s preference to maintain access to as many species as possible throughout the year. The majority of commercial trips from 2017 through 2019 that landed gag with at least 1 lb (0.5 kg) of gag landed less than the 300 lb (136 kg) trip limit being implemented through this final rule. As described in Amendment 53, 83 percent of commercial trips harvested from 1 to 250 lb (0.5 to 113 kg) of gag. Limiting the commercial harvest from the current limit of 1,000 lb (454 kg) to 300 lb (136 kg) per trip increases the likelihood of the gag portion of the fishery remaining open and available to consumers for a longer time period while reducing harvest to end overfishing and ensuring rebuilding is achieved. The Council considered a trip limit of 200 lb (91 kg), but did not select it because they determined it would make trips that target gag too costly and inefficient for commercial harvesters, and a trip limit lower than 300 lb (136 kg) would be expected to increase the potential for regulatory discards. NMFS expects the 300 lb (136 kg) trip limit to provide a better balance between season length and profitability than lower trip limits, while helping to end overfishing and rebuild the stock. Comment 2: Recreational vessel limits should not be implemented for gag and black grouper. Private recreational fishing with two or fewer people is unaffordable due to the cost of fuel, bait, and ice. Each recreational angler should be able to keep their own bag limit. Also, it is not fair to implement a two fish per vessel limit for gag and black grouper on headboats that are capable of carrying up to 80 individuals. Response: Approximately 75 percent of all recreational vessels that harvested gag harvested one gag or less per vessel trip from 2017 through 2019. 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 a vessel limit that would continue to allow recreational retention while helping constrain harvest to the reduced recreational ACL. In an effort to reduce the negative economic impact on the for-hire component of the recreational sector which may take multiple for-hire trips in a day, there is a separate per-trip vessel limit for the E:\FR\FM\21SER1.SGM 21SER1 ddrumheller on DSK120RN23PROD with RULES1 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations for-hire component and a per-day vessel limit for private recreational vessels, to acknowledge that most private recreational vessels take a single trip in a day. NMFS acknowledges the potential issues with implementing vessel limits on headboats. However, approximately 80 percent of headboats harvested two gag per vessel trip or less from 2017 through 2019. These data suggest a vessel limit would not have a large impact on reducing recreational harvest of gag, but would help, in combination with other measures, to constrain recreational harvest to the reduced catch levels. Due to concerns over the misidentification of gag and black grouper among recreational anglers, the final rule will also modify black grouper management to maintain consistency in the recreational management measures between the two species in order to end overfishing of gag and rebuild the stock. As described in Amendment 53, gag and black grouper are similar in appearance, have a similar life history and may cooccur with each other, which can create confusion when trying to identify whether a fish is either a gag or black grouper. Misidentified gag and black grouper by recreational fishermen is prevalent in some areas of the South Atlantic. Currently, the recreational management measures (size and bag limits) for gag and black grouper are the same. Altering recreational management measures for gag and not for black grouper creates more opportunity for additional gag to be harvested through misidentification and confusion among the public. NMFS determined that these recreational harvest restrictions on black grouper are necessary to ensure the rebuilding of gag is successful. Comment 3: A more restrictive closed season or slot size limits for gag and black grouper should be utilized for the recreational sector instead of vessel limits. Response: In developing Amendment 53, the Council considered changes to the gag and black grouper spawning season closure for both sectors. Both gag and black grouper are currently included as part of a seasonal closure for both sectors for South Atlantic shallow-water grouper during January through April each year. However, input received from the public during scoping and from the Council’s SnapperGrouper Advisory Panel noted that the month of May was a very important month to keep open for both the commercial and recreational sectors. The Council determined that the current spawning season closure of January through April for gag and black grouper VerDate Sep<11>2014 16:08 Sep 20, 2023 Jkt 259001 encompasses peak spawning and that additional closed months in May or December would not provide enough biological benefit to outweigh the loss of access to the fishery for both sectors, and NMFS agrees. Changes to the minimum size limit and the potential for establishing a slot limit for gag were also considered. The current size limit for gag is 24 inches (61.0 cm), total length, for both sectors. Size limit management changes were discussed by the Council in development of Amendment 53 because of concerns of a scarcity of large, mature, male gag being available for harvest. Gag are long-lived species that change sex from female to male over their lifetime. The Council discussed the possible benefits of increasing the minimum size limit or creating a slot limit but there were other concerns about increased discards with both size limit options. Further, larger gag are caught in deep water and experience high release mortality. Ultimately, the Council decided that increased recreational discards would be detrimental to the stock and that the current minimum size limit is sufficient to allow gag a chance to spawn before being prosecuted by the fishery. Additional management measures for black grouper, other than vessel limits, are not necessary in Amendment 53 as a result of the latest stock assessment for gag. Comment 4: The recreational sector generates more revenue, economic activity, and net economic benefits than the commercial sector. Allocations for gag should not result in a 50/50 split among the sectors. Response: NMFS disagrees. As stated in Amendment 53, there are a minimal number of charter trips taken in the South Atlantic that target gag, and the revenue from those trips cannot be solely attributed to a single species. In terms of economic activity, even when accounting for all recreational modes (excluding headboats that participate in the Southeast Region Headboat Survey for which angler-level data are not collected) and attributing the entirety of expenditures on trips that target gag specifically to gag, the total sales impacts are historically far less than those estimated for the commercial sector. NMFS acknowledges that when compared to the status quo, the selected allocation percentages in Amendment 53 result in the lowest total estimated net economic benefits of the allocation alternatives considered. 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. Amendment 53 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 65139 adjusts the allocation percentages to result in 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. However, while acknowledging the importance of economic benefits in the utilization of the gag resource, the Council determined that economic efficiency was not the sole objective in determining an allocation. In reviewing the allocation options, the Council evaluated the need to reduce the overall gag harvest by approximately 70 percent, when compared to the total average landings from 2015 through 2019, while equitably balancing the initial harvest reductions and the later harvest increases between the commercial and recreational sectors. The Council determined, and NMFS agrees, that the preferred allocation method 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 the effect on each sector is more equitable. Similarly, the Council noted that the preferred allocations would strike a balance between the needs of both sectors and would increase each sector’s allowable catch proportionately on a poundage basis throughout the rebuilding plan. The Council determined that this alternative allocates both overfishing restrictions and recovery benefits fairly and equitably among all sectors that target gag. Thus, NMFS agrees that this allocation method is fair and equitable to fishery participants in both the commercial and recreational sectors and would be carried out in such a manner that no particular individual, corporation, or other entity would acquire excessive shares. 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. Comment 5: The proposed vessel limit language for gag and black grouper in the codified text is confusing and should be clarified. The recreational vessel limits for gag and black grouper should be linked to allow only two of either gag or black grouper per trip. Response: NMFS disagrees with the comment. The vessel limits for gag and black grouper in Amendment 53, and in the draft proposed regulations that the Council reviewed and deemed to be E:\FR\FM\21SER1.SGM 21SER1 65140 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES1 necessary and appropriate to implement Amendment 53, are addressed as a separate vessel limit for gag and a separate vessel limit for black grouper, without any mention of a combined species vessel limit among the two species. Similarly, the proposed rule and this final rule also specifically describe separate vessel limits for both gag and black grouper that are not linked. After a review of all relevant information, NMFS has determined that the recreational vessel limits approved by the Council are two gag and two black grouper, unless subsequently changed in the future. Classification Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this final rule is consistent with Amendment 53, the FMP, other provisions of the Magnuson-Stevens Act, and other applicable law. This final rule has been determined to be not significant for purposes of Executive Order 12866. A final regulatory flexibility analysis (FRFA) was prepared. The FRFA incorporates the initial regulatory flexibility analysis (IRFA), a summary of the significant issues raised by the public comments in response to the IRFA, and NMFS responses to those comments, and a summary of the analyses completed to support the action. A copy of this analysis is available from NMFS (see ADDRESSES). NMFS has determined the FRFA is consistent with the RFA, and a summary of the FRFA follows. The Magnuson-Stevens Act provides the statutory basis for this final rule. A description of this final rule, why it is being implemented, and the purpose of this final rule are contained in the SUMMARY and SUPPLEMENTARY INFORMATION sections of this final rule. Public comments relating to social and economic implications and potential impacts on small businesses are addressed in the responses to Comments 1, 2, and 4 in the Comments and Responses section of this final rule. No changes to this final rule were made in response to these public comments. No comments were received from the Office of Advocacy for the Small Business Administration. This final rule will: (1) revise the gag total ACL and sector ACLs, (2) reduce the gag commercial trip limit, (3) revise the gag recreational bag and possession limits, and establish recreational vessel limits, (4) revise the gag recreational AMs, and (5) for black grouper revise the recreational bag and possession limits and establish recreational vessel VerDate Sep<11>2014 16:08 Sep 20, 2023 Jkt 259001 limits. Item (1), the gag total ACL and sector ACLs, will apply to all federallypermitted commercial vessels, federallypermitted 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 gag commercial trip limit, will 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, will only apply to for-hire vessels and recreational anglers. None of these changes will directly apply to federallypermitted dealers. Any change in the supply of gag available for purchase by dealers as a result of this final rule, and associated economic effects, would be an indirect effect of this regulatory action and would therefore fall outside the scope of the impacts considered under the Regulatory Flexibility Act (RFA). Although most provisions of this final rule will apply to for-hire vessels, they are not expected to have any direct effects on these entities. For-hire vessels sell fishing services to recreational anglers. The changes to the gag catch limits and gag and black grouper management measures are not 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 final rule would be a consequence of a change in anglers’ behavior, secondary to any direct effect on anglers and, therefore, an indirect effect of this final 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 final rule; however, should it occur, any such indirect effects would fall outside the scope of the RFA. Forhire 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. However, under the RFA, small entities include small businesses, small organizations, and small governmental jurisdictions (5 U.S.C. 601(6) and 601(3)–(5), and because recreational anglers are not businesses, organizations, or governmental jurisdictions, impacts on recreational anglers are outside the scope of this analysis (5 U.S.C. 603). In PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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 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 final rule are believed to be small entities based on the NMFS size standard. No other small entities that are directly affected by this final rule have been identified. This final rule will 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 new catch limits reflect a shift in recreational reporting units from the MRIP CHTS to the MRIP FES. The total ACL will 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 value will remain in effect unless it is changed in the future. Relative to the current commercial ACL of 347,301 lb (157,533 kg) and applying the current commercial sector allocation of 51 percent, the 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 final rule will also modify the percentage of the total ACL E:\FR\FM\21SER1.SGM 21SER1 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations that is allocated to the commercial sector, and therefore, estimated economic effects to small entities are 65141 considered as part of that discussion below. TABLE 1—REVISED TOTAL ACLS AND COMMERCIAL ACLS, AS BASED ON CURRENT ALLOCATION PERCENTAGES Revised total ACL in lb (kg) Year 2023 ............................................................................................. 2024 ............................................................................................. 2025 ............................................................................................. 2026 ............................................................................................. 2027 ............................................................................................. 2028 ............................................................................................. 2029 ............................................................................................. 2030 ............................................................................................. 2031 ............................................................................................. 2032+ ........................................................................................... This final rule will 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 will be split equally between both sectors and added to each sector’s ACL from the previous year. As a result, the allocation percentages will gradually shift over time. The 2032 values will remain in effect unless changed by future management action. As shown in Table 2, the combined economic effects of the changes to the total ACLs in conjunction with the revisions to the commercial allocation and ACLs, are estimated to be negative from 2023 through 2028 and positive 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) 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 ranges 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 are changing over time, and the time value of money concept suggests money earned sooner is more valuable than money earned later because of its earning potential. Therefore, when calculating an average annual effect, it is important to discount the future stream of benefits and costs back to Revised commercial ACL in lb (kg) 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 revised 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) 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 10year period (2023 through 2032), using a 3 percent discount rate, is ¥$4.2 million (2021 dollars) and the annualized NPV during that period is ¥$490,415. The average annualized NPV of changes in ex-vessel revenue and economic profits per vessel are ¥$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. TABLE 2—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 ddrumheller on DSK120RN23PROD with RULES1 Year Commercial ACL in lb (kg) ¥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) 2023 ................................................. 2024 ................................................. 2025 ................................................. 2026 ................................................. 2027 ................................................. 2028 ................................................. 2029 ................................................. 2030 ................................................. 2031 ................................................. 2032+ ............................................... 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 final rule will 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 VerDate Sep<11>2014 16:08 Sep 20, 2023 Jkt 259001 PO 00000 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) Change in lb (kg) relative to no action Frm 00029 Fmt 4700 Sfmt 4700 Change in ex-vessel revenue relative to no action (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 Change in economic profits (2021 dollars) ¥$17,055 ¥14,270 ¥11,432 ¥8,609 ¥5,695 ¥2,663 385 3,272 5,865 8,116 limit will 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 E:\FR\FM\21SER1.SGM 21SER1 65142 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations beginning years (2023–2025) of the rebuilding plan. Therefore, these economic effects are initially subsumed under those described for the changes to the 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 because it would be inconsistent with the SSC’s 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 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 those set by this final rule, along with the expected change in exvessel revenue, are provided in Table 3. Relative to the total ACLs set by this final rule 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 this final rule 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 commercial ACLs set by this final rule, using a 3 percent discount rate, is ¥$777,295 (2021 dollars) and the annualized NPV during that period is ¥$91,123. The average annualized NPV of changes in ex-vessel revenue and economic profits per vessel (assuming 203 affected vessels) are ¥$449 and ¥$4, respectively. The second alternative was not selected because the Council determined that 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 management measures and those implemented by this final rule, 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 ACTION TO REVISE THE ABC, ACL, AND ANNUAL OY Year ddrumheller on DSK120RN23PROD with RULES1 2023 ......................................... 2024 ......................................... 2025 ......................................... 2026 ......................................... 2027 ......................................... 2028 ......................................... 2029 ......................................... 2030 ......................................... 2031 ......................................... 2032+ ....................................... Total ACL set by this final rule 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) The third alternative to the 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 those set by this final rule, along with the expected change in exvessel revenue, are provided in Table 4. Relative to the total ACLs set by this final rule and assuming no change to the current sector allocations, this alternative would reduce the commercial ACL by a range of 8,957 lb VerDate Sep<11>2014 16:08 Sep 20, 2023 Jkt 259001 Difference in total ACL in lb (kg) Difference in commercial ACL in lb (kg) using current allocation of 51 percent ¥8,782 (¥3,983) ¥13,059 (¥5,923) ¥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) ¥4,479 (¥2,032) ¥6,660 (¥3,021) ¥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) Total ACL under alternative 2 in lb (kg) 166,850 (75,682) 248,112 (112,542) 330,934 (150,109) 413,327 (187,482) 498,394 (226,068) 586,889 (266,208) 675,848 (306,559) 760,084 (344,768) 835,770 (379,099) 901,465 (408,898) (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 this final rule 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 commercial ACLs set by this final rule, using a 3 percent discount rate, is ¥$1.6 million (2021 dollars) and the annualized NPV during PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 Change in potential ex-vessel revenue (2021 dollars) ¥$29,156 ¥43,356 ¥57,828 ¥72,226 ¥87,090 ¥102,554 ¥118,099 ¥132,819 ¥146,044 ¥157,524 that period is ¥$182,245. The average annualized NPV of changes in ex-vessel revenue and economic profits per vessel (assuming 203 affected vessels) are ¥$898 and ¥$9, respectively. The third alternative was not selected because the Council determined that 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 management measures and those implemented by this final rule, are expected to be sufficient at preventing overages, thus not requiring a buffer between the ABC and total ACL. E:\FR\FM\21SER1.SGM 21SER1 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 65143 TABLE 4—DIFFERENCES IN TOTAL ACL, COMMERCIAL ACL, AND EX-VESSEL REVENUE UNDER THE THIRD ALTERNATIVE TO THE ACTION TO REVISE THE ABC, ACL, AND ANNUAL OY Total ACL set by this final rule in lb (kg) Year 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 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 allocation set by this final rule, the first alternative, when applied to the total ACLs in Table 1, would result in an increase in ex-vessel revenue that 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) Total ACL under Alternative 3 in lb (kg) 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) 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 allocation set by this final rule, using a 3 percent discount rate, is $443,067 (2021 dollars) and the annualized NPV during that period is $51,941. The average annualized NPV of changes in ex-vessel revenue and economic profits per vessel 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 (assuming 203 affected vessels) are $256 and $3, respectively. The first alternative was not selected because the Council determined the allocation set by this final rule was based on an allocation method that incorporated more recent landings and was therefore a better representation of the gag portion of the snapper-grouper fishery moving forward. This allocation method also provided better fairness and equity between the sectors. TABLE 5—COMPARISON OF COMMERCIAL ALLOCATION, COMMERCIAL ACL, AND EX-VESSEL REVENUE UNDER THE FIRST ALTERNATIVE TO THE ALLOCATION SET BY THIS FINAL RULE Commercial allocation set by this final rule Year ddrumheller on DSK120RN23PROD with RULES1 2023 ......................................................... 2024 ......................................................... 2025 ......................................................... 2026 ......................................................... 2027 ......................................................... 2028 ......................................................... 2029 ......................................................... 2030 ......................................................... 2031 ......................................................... 2032+ ....................................................... 0.49 0.49 0.49 0.49 0.50 0.50 0.50 0.50 0.50 0.50 The second allocation alternative 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 allocation set by this final rule, the second alternative, when applied to the revised 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 VerDate Sep<11>2014 20:13 Sep 20, 2023 Jkt 259001 Alternative 1 allocation 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) (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 allocation set by this final rule, using a 3 percent discount rate, is ¥$4.02 million (2021 dollars) and the annualized NPV during that period is ¥$470,854. The average annualized NPV of changes in ex-vessel revenue and economic profits per vessel (assuming 203 affected vessels) are ¥$2,319 and ¥$23, respectively. The second alternative was not selected PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 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 because the Council determined the allocation set by this final rule, as well as other alternatives that were considered, were based on 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\21SER1.SGM 21SER1 65144 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations TABLE 6—COMPARISON OF COMMERCIAL ALLOCATION, COMMERCIAL ACL, AND EX-VESSEL REVENUE UNDER THE SECOND ALTERNATIVE TO THE ALLOCATION SET BY THIS FINAL RULE Commercial allocation set by this final rule Year 2023 ..................................................... 2024 ..................................................... 2025 ..................................................... 2026 ..................................................... 2027 ..................................................... 2028 ..................................................... 2029 ..................................................... 2030 ..................................................... 2031 ..................................................... 2032+ ................................................... 0.49 0.49 0.49 0.49 0.50 0.50 0.50 0.50 0.50 0.50 The third allocation alternative 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 equallyweighted for the periods of 1986 through 2008 and 2006 through 2008. Relative to the allocation set by this final rule, the third alternative, when applied to the revised total ACLs, would result in a decrease in ex-vessel revenue Change in commercial ACL in lb (kg) under Alternative 2 allocation Commercial ACL in lb (kg) under Alternative 2 allocation Alternative 2 allocation 0.3637 0.3637 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) 319,968 (145,135) 345,119 (156,543) 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 allocation set by this final rule, using a 3 percent discount rate, is ¥$1.98 million (2021 dollars) and the annualized NPV during that period is ¥$231,791. The average annualized NPV of changes in ex-vessel revenue and economic profits per vessel ¥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 (assuming 203 affected vessels) are ¥$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. TABLE 7—COMPARISON OF COMMERCIAL ALLOCATION, COMMERCIAL ACL, AND EX-VESSEL REVENUE UNDER THE THIRD ALTERNATIVE TO THE ALLOCATION SET BY THIS FINAL RULE Commercial allocation set by this final rule Year ddrumheller on DSK120RN23PROD with RULES1 2023 ..................................................... 2024 ..................................................... 2025 ..................................................... 2026 ..................................................... 2027 ..................................................... 2028 ..................................................... 2029 ..................................................... 2030 ..................................................... 2031 ..................................................... 2032+ ................................................... 0.49 0.49 0.49 0.49 0.50 0.50 0.50 0.50 0.50 0.50 The fourth allocation alternative 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 VerDate Sep<11>2014 16:08 Sep 20, 2023 Jkt 259001 0.4306 0.4306 0.4306 0.4306 0.4306 0.4306 0.4306 0.4306 0.4306 0.4306 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) would remain in effect unless changed by future management action. Relative to the allocation set by this final rule, the fourth alternative, when applied to the revised 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 allocation set by this final rule, using a 3 percent discount rate, is ¥$946,558 (2021 PO 00000 Frm 00032 Fmt 4700 Change in commercial ACL in lb (kg) under Alternative 3 allocation Commercial ACL in lb (kg) under Alternative 3 allocation Alternative 3 allocation Sfmt 4700 ¥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 dollars) and the annualized NPV during that period is ¥$110,965. The average annualized NPV of changes in ex-vessel revenue and economic profits per vessel (assuming 203 affected vessels) are ¥$547 and ¥$5, respectively. The fourth alternative was not selected because the Council decided that the years of average landings used in this method did not best represent the gag portion of the snapper-grouper fishery. E:\FR\FM\21SER1.SGM 21SER1 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 65145 TABLE 8—COMPARISON OF COMMERCIAL ALLOCATION, COMMERCIAL ACL, AND EX-VESSEL REVENUE UNDER THE FOURTH ALTERNATIVE TO THE ALLOCATION SET BY THIS FINAL RULE Commercial allocation set by this final rule Year ddrumheller on DSK120RN23PROD with RULES1 2023 ............................................... 2024 ............................................... 2025 ............................................... 2026 ............................................... 2027 ............................................... 2028 ............................................... 2029 ............................................... 2030 ............................................... 2031 ............................................... 2032+ ............................................. 0.49 0.49 0.49 0.49 0.50 0.50 0.50 0.50 0.50 0.50 Five alternatives were considered for the 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 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 revised 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 commercial trip limit set by this final rule, the second alternative would result in an estimated annual reduction in exvessel 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 rebuilding plan, these economic effects would initially be subsumed under those described for the revised commercial ACLs and allocations. In later years, the lower trip limit may VerDate Sep<11>2014 16:08 Sep 20, 2023 Jkt 259001 Alternative 4 allocation 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 Frm 00033 Fmt 4700 ¥17,045 ¥17,045 ¥17,046 ¥17,045 ¥17,045 ¥17,046 ¥17,045 ¥17,046 ¥17,046 ¥17,045 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) 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 because a 200 lb (91 kg) trip limit would make trips to catch gag too costly and inefficient. The third alternative to the 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 commercial trip limit set by this final rule, 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 revised 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 because it would not constrain harvest to ensure the longest PO 00000 Change in commercial ACL in lb (kg) under Alternative 4 allocation Sfmt 4700 (¥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 commercial season possible under the revised catch levels. The fourth alternative to the 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 commercial trip limit set by this final rule, this alternative would result in an estimated annual reduction in exvessel 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 revised 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 because it would not constrain harvest to ensure the longest commercial season possible under the revised catch levels. The fifth and final alternative to the 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 commercial trip limit set by this E:\FR\FM\21SER1.SGM 21SER1 ddrumheller on DSK120RN23PROD with RULES1 65146 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations final rule 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 trip limit set by this final rule and in 2027, and subsequent years it would be 700 lb (318 kg) greater. These incremental increases may allow for greater utilization of the revised 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 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 progress are provided. Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 states that, for each rule or group of related rules for which an agency is required to prepare a FRFA, the agency will publish one or more guides to assist small entities in complying with the rule and will designate such publications as ‘‘small entity compliance guides.’’ The agency will explain the actions a small entity is required to take to comply with a rule or group of rules. As part of this rulemaking process, a fishery bulletin to permit holders that also serves as a small entity compliance guide was prepared. This final rule and the guide (i.e., bulletin) will be available on the website (see ADDRESSES). Hard copies of the guide and this final rule will be available upon request (see ADDRESSES). 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 final rule. This final rule contains no information collection requirements under the Paperwork Reduction Act of 1995. Dated: September 15, 2023. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. List of Subjects in 50 CFR Part 622 § 622.190 Accountability measures, Annual catch limits, Black grouper, Commercial, Fisheries, Fishing, Gag, Recreational, South Atlantic. VerDate Sep<11>2014 16:08 Sep 20, 2023 Jkt 259001 For the reasons set out in the preamble, NMFS amends 50 CFR part 622 as follows: PART 622—FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH ATLANTIC 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 this paragraph (b)(2)(i), 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 this paragraph (b)(2)(i), 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 this paragraph (b)(2)(i), 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 this paragraph (b)(2)(i), 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: Quotas. * * * * * (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 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 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: § 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 E:\FR\FM\21SER1.SGM 21SER1 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES1 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 VerDate Sep<11>2014 16:08 Sep 20, 2023 Jkt 259001 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 PO 00000 Frm 00035 Fmt 4700 Sfmt 9990 65147 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. 2023–20324 Filed 9–20–23; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\21SER1.SGM 21SER1

Agencies

[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Rules and Regulations]
[Pages 65135-65147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20324]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 230914-0219]
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: Final rule.

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SUMMARY: NMFS issues 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 final rule revises the 
sector annual catch limits (ACLs), commercial trip limits, recreational 
bag, vessel, and possession limits, and recreational accountability 
measures (AMs). For black grouper, this final rule revises the 
recreational bag, vessel, and possession limits. In addition, Amendment 
53 establishes a rebuilding plan, and revises the overfishing levels, 
acceptable biological catch (ABC), annual optimum yield (OY), and 
sector allocations for gag. The purpose of this final 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: This final rule is effective October 23, 2023.

ADDRESSES: 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.
    On June 12, 2023, NMFS published a notice of availability for 
Amendment 53 and requested public comment (88 FR 38011). On July 13, 
2023, NMFS published a proposed rule for Amendment 53 and requested 
public

[[Page 65136]]

comment (88 FR 44764). NMFS approved Amendment 53 on September 7, 2023, 
pursuant to section 304(a)(3) of the Magnuson-Stevens Act. The proposed 
rule and Amendment 53 outline the rationale for the actions contained 
in this final rule. A summary of the management measures described in 
Amendment 53 and implemented by this final rule is described below.
    All weights described in this final 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. In response to SEDAR 10, management 
measures were modified in Amendment 16 to the FMP and its final rule, 
including a spawning season closure to end overfishing (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 ACLs and management measures were 
modified through Regulatory Amendment 22 to the FMP and its final rule 
(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 SEDAR 71 at 
their June 2021 meeting. The assessment used 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.
    For the gag stock, the Council's 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 expected 
to be above 50 percent, as set forth in the Magnuson-Stevens Act 
National Standard 1 Guidelines (50 CFR 600.310(j)(3)(i)(A)). The 
Council accepted the SSC's recommended ABC values, as discussed below.
    In Amendment 53, the Council is also revising the overfishing limit 
(OFL) for gag, and updating other biological reference points. 
Amendment 53 sets 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 will 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 Final Rule

    This final rule revises the sector ACLs, commercial trip limits, 
recreational bag, vessel, and possession limits, and recreational AMs 
for gag. For black grouper, this final rule implements 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 revises the ABC based on SEDAR 71 and the 
recommendation of the SSC, and sets the ABC, ACL, and annual OY equal 
to each other.
    This final rule revises 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 revises 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 is adjusting 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 
allocation method allows for the reductions in 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 for gag is 
currently operating. The Council chose the 5-year average of commercial 
and recreational MRIP FES landings from 2015 through 2019, and divided 
the reduction needed to achieve the new ACL in 2023 proportionally 
among the sectors. Then in each subsequent year throughout the 
rebuilding plan, the ACL poundage increase is allocated equally between 
both sectors and added to each sector's respective ACL from the 
previous year. These adjustments will 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 preferred sector allocation method chosen by the Council 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

[[Page 65137]]

sector's allowable catch based on recent landings so that the impact on 
each sector is more equitable. Similarly, the Council noted that the 
new allocations will 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 and NMFS consider 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 the SSC's 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 revised commercial ACLs in this final rule are 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.
    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 revised recreational ACLs in this final rule are 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 final rule modifies the commercial trip limit 
for gag to 300 lb (136 kg), without a trip limit reduction.
    The revised commercial trip limit will increase the likelihood of 
gag remaining open to commercial harvest and available to consumers for 
as long as possible during the year while reducing harvest to end 
overfishing and ensuring rebuilding is achieved.

Recreational Vessel Limits for Gag and Black Grouper

    This final rule establishes a private recreational vessel limit for 
gag and also a separate private recreational vessel limit for black 
grouper of two fish per vessel per day for each species, not to exceed 
the daily bag limit of one fish per person per day (no more than one of 
those fish may be a gag or a black grouper), whichever is more 
restrictive. For charter vessel and headboat (for-hire) recreational 
vessels, this final rule establishes a vessel limit for gag and also a 
separate 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 
(no more than one of those fish may be a gag or a black grouper), 
whichever is more restrictive.
    There is currently no recreational vessel limit for gag or black 
grouper. 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 final rule also implements 
recreational vessel limits for both gag and black grouper to help with 
harvest constraints for black grouper to indirectly benefit the gag 
portion of the snapper-grouper fishery. 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 will continue to allow recreational retention and 
help constrain harvest to the reduced recreational ACL.
    This final rule does not alter the gag or black grouper 
recreational bag limits, which will remain one gag or one black grouper 
per person per day within the three fish aggregate for grouper and 
tilefish. This final rule establishes per day gag and black grouper 
recreational vessel limits for the private angling component and per 
trip gag and black grouper vessel limits for the for-hire component. 
These separate vessel limits are 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 will 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 final 
rule sets 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 recreational ACL and total ACL are 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 final rule revises the recreational AMs for gag. The current 
in-season closure AM will be retained and the post-season recreational 
AM is revised. If recreational landings for gag exceed the recreational 
ACL, the length of the

[[Page 65138]]

following year's recreational fishing season would be reduced by the 
amount necessary to prevent the recreational ACL from being exceeded. 
The revised AM removes 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 revised measure, the AM trigger will not be 
tied to the total ACL, but only to the recreational ACL. The revised AM 
modification will 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 will apply to the recreational fishing season 
following the year of a recreational ACL overage. Additionally, under 
the revised recreational AM, the length of the recreational season will 
not be reduced if the Regional Administrator determines, using the best 
scientific information available, that such reduction is unnecessary. 
This final rule will not revise the commercial AMs because the Council 
determined that the current commercial AM remains sufficient to prevent 
commercial landings from exceeding either the current or revised 
commercial ACL.

Management Measures in Amendment 53 Not Codified by This Final Rule

    In addition to the measures within this final rule, Amendment 53 
revises the OFL for gag and updates other biological reference points. 
Amendment 53 also establishes a rebuilding plan, and revises the ABC, 
the annual OY, and the sector allocations for gag.

Rebuilding Plan for the South Atlantic Gag Stock

    Amendment 53 establishes 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 will 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). SEDAR 71 used data from the MRIP FES, which 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).

Comments and Reponses

    NMFS received 10 comment submissions from individuals, commercial 
and recreational fishermen, and a state agency during the public 
comment period on the notice of availability and proposed rule for 
Amendment 53. NMFS acknowledges the comments in favor of the actions in 
the Amendment 53 and proposed rule and agrees with them. Six comment 
letters were in opposition to one or more actions within Amendment 53 
or the proposed rule. Some comments were outside the scope of Amendment 
53 and the proposed rule and are not responded to in this final rule, 
including one suggestion to transfer management of gag to the South 
Atlantic states. Comments that opposed the actions contained in 
Amendment 53 and the proposed rule are summarized below, along with 
NMFS' responses. No changes were made to this final rule as a result of 
public comment.
    Comment 1: The commercial trip limit for gag should be reduced to 
100 or 150 lb (45 or 68 kg) instead of 300 lb (136 kg), which would 
allow the commercial fishing season to stay open longer. This would 
reduce regulatory discards of gag when other snapper-grouper species 
such as greater amberjack are targeted.
    Response: NMFS acknowledges the importance of gag to the seafood 
market and commercial fishermen's preference to maintain access to as 
many species as possible throughout the year. The majority of 
commercial trips from 2017 through 2019 that landed gag with at least 1 
lb (0.5 kg) of gag landed less than the 300 lb (136 kg) trip limit 
being implemented through this final rule. As described in Amendment 
53, 83 percent of commercial trips harvested from 1 to 250 lb (0.5 to 
113 kg) of gag. Limiting the commercial harvest from the current limit 
of 1,000 lb (454 kg) to 300 lb (136 kg) per trip increases the 
likelihood of the gag portion of the fishery remaining open and 
available to consumers for a longer time period while reducing harvest 
to end overfishing and ensuring rebuilding is achieved. The Council 
considered a trip limit of 200 lb (91 kg), but did not select it 
because they determined it would make trips that target gag too costly 
and inefficient for commercial harvesters, and a trip limit lower than 
300 lb (136 kg) would be expected to increase the potential for 
regulatory discards. NMFS expects the 300 lb (136 kg) trip limit to 
provide a better balance between season length and profitability than 
lower trip limits, while helping to end overfishing and rebuild the 
stock.
    Comment 2: Recreational vessel limits should not be implemented for 
gag and black grouper. Private recreational fishing with two or fewer 
people is unaffordable due to the cost of fuel, bait, and ice. Each 
recreational angler should be able to keep their own bag limit. Also, 
it is not fair to implement a two fish per vessel limit for gag and 
black grouper on headboats that are capable of carrying up to 80 
individuals.
    Response: Approximately 75 percent of all recreational vessels that 
harvested gag harvested one gag or less per vessel trip from 2017 
through 2019. 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 a vessel limit that 
would continue to allow recreational retention while helping constrain 
harvest to the reduced recreational ACL. In an effort to reduce the 
negative economic impact on the for-hire component of the recreational 
sector which may take multiple for-hire trips in a day, there is a 
separate per-trip vessel limit for the

[[Page 65139]]

for-hire component and a per-day vessel limit for private recreational 
vessels, to acknowledge that most private recreational vessels take a 
single trip in a day.
    NMFS acknowledges the potential issues with implementing vessel 
limits on headboats. However, approximately 80 percent of headboats 
harvested two gag per vessel trip or less from 2017 through 2019. These 
data suggest a vessel limit would not have a large impact on reducing 
recreational harvest of gag, but would help, in combination with other 
measures, to constrain recreational harvest to the reduced catch 
levels.
    Due to concerns over the misidentification of gag and black grouper 
among recreational anglers, the final rule will also modify black 
grouper management to maintain consistency in the recreational 
management measures between the two species in order to end overfishing 
of gag and rebuild the stock. As described in Amendment 53, gag and 
black grouper are similar in appearance, have a similar life history 
and may co-occur with each other, which can create confusion when 
trying to identify whether a fish is either a gag or black grouper. 
Misidentified gag and black grouper by recreational fishermen is 
prevalent in some areas of the South Atlantic. Currently, the 
recreational management measures (size and bag limits) for gag and 
black grouper are the same. Altering recreational management measures 
for gag and not for black grouper creates more opportunity for 
additional gag to be harvested through misidentification and confusion 
among the public. NMFS determined that these recreational harvest 
restrictions on black grouper are necessary to ensure the rebuilding of 
gag is successful.
    Comment 3: A more restrictive closed season or slot size limits for 
gag and black grouper should be utilized for the recreational sector 
instead of vessel limits.
    Response: In developing Amendment 53, the Council considered 
changes to the gag and black grouper spawning season closure for both 
sectors. Both gag and black grouper are currently included as part of a 
seasonal closure for both sectors for South Atlantic shallow-water 
grouper during January through April each year. However, input received 
from the public during scoping and from the Council's Snapper-Grouper 
Advisory Panel noted that the month of May was a very important month 
to keep open for both the commercial and recreational sectors. The 
Council determined that the current spawning season closure of January 
through April for gag and black grouper encompasses peak spawning and 
that additional closed months in May or December would not provide 
enough biological benefit to outweigh the loss of access to the fishery 
for both sectors, and NMFS agrees.
    Changes to the minimum size limit and the potential for 
establishing a slot limit for gag were also considered. The current 
size limit for gag is 24 inches (61.0 cm), total length, for both 
sectors. Size limit management changes were discussed by the Council in 
development of Amendment 53 because of concerns of a scarcity of large, 
mature, male gag being available for harvest. Gag are long-lived 
species that change sex from female to male over their lifetime. The 
Council discussed the possible benefits of increasing the minimum size 
limit or creating a slot limit but there were other concerns about 
increased discards with both size limit options. Further, larger gag 
are caught in deep water and experience high release mortality. 
Ultimately, the Council decided that increased recreational discards 
would be detrimental to the stock and that the current minimum size 
limit is sufficient to allow gag a chance to spawn before being 
prosecuted by the fishery.
    Additional management measures for black grouper, other than vessel 
limits, are not necessary in Amendment 53 as a result of the latest 
stock assessment for gag.
    Comment 4: The recreational sector generates more revenue, economic 
activity, and net economic benefits than the commercial sector. 
Allocations for gag should not result in a 50/50 split among the 
sectors.
    Response: NMFS disagrees. As stated in Amendment 53, there are a 
minimal number of charter trips taken in the South Atlantic that target 
gag, and the revenue from those trips cannot be solely attributed to a 
single species. In terms of economic activity, even when accounting for 
all recreational modes (excluding headboats that participate in the 
Southeast Region Headboat Survey for which angler-level data are not 
collected) and attributing the entirety of expenditures on trips that 
target gag specifically to gag, the total sales impacts are 
historically far less than those estimated for the commercial sector. 
NMFS acknowledges that when compared to the status quo, the selected 
allocation percentages in Amendment 53 result in the lowest total 
estimated net economic benefits of the allocation alternatives 
considered. 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. Amendment 53 adjusts the allocation percentages 
to result in 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. However, while acknowledging the 
importance of economic benefits in the utilization of the gag resource, 
the Council determined that economic efficiency was not the sole 
objective in determining an allocation. In reviewing the allocation 
options, the Council evaluated the need to reduce the overall gag 
harvest by approximately 70 percent, when compared to the total average 
landings from 2015 through 2019, while equitably balancing the initial 
harvest reductions and the later harvest increases between the 
commercial and recreational sectors. The Council determined, and NMFS 
agrees, that the preferred allocation method 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 the effect on each sector is more 
equitable. Similarly, the Council noted that the preferred allocations 
would strike a balance between the needs of both sectors and would 
increase each sector's allowable catch proportionately on a poundage 
basis throughout the rebuilding plan. The Council determined that this 
alternative allocates both overfishing restrictions and recovery 
benefits fairly and equitably among all sectors that target gag. Thus, 
NMFS agrees that this allocation method is fair and equitable to 
fishery participants in both the commercial and recreational sectors 
and would be carried out in such a manner that no particular 
individual, corporation, or other entity would acquire excessive 
shares. 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.
    Comment 5: The proposed vessel limit language for gag and black 
grouper in the codified text is confusing and should be clarified. The 
recreational vessel limits for gag and black grouper should be linked 
to allow only two of either gag or black grouper per trip.
    Response: NMFS disagrees with the comment. The vessel limits for 
gag and black grouper in Amendment 53, and in the draft proposed 
regulations that the Council reviewed and deemed to be

[[Page 65140]]

necessary and appropriate to implement Amendment 53, are addressed as a 
separate vessel limit for gag and a separate vessel limit for black 
grouper, without any mention of a combined species vessel limit among 
the two species. Similarly, the proposed rule and this final rule also 
specifically describe separate vessel limits for both gag and black 
grouper that are not linked. After a review of all relevant 
information, NMFS has determined that the recreational vessel limits 
approved by the Council are two gag and two black grouper, unless 
subsequently changed in the future.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with Amendment 53, the FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    A final regulatory flexibility analysis (FRFA) was prepared. The 
FRFA incorporates the initial regulatory flexibility analysis (IRFA), a 
summary of the significant issues raised by the public comments in 
response to the IRFA, and NMFS responses to those comments, and a 
summary of the analyses completed to support the action. A copy of this 
analysis is available from NMFS (see ADDRESSES). NMFS has determined 
the FRFA is consistent with the RFA, and a summary of the FRFA follows.
    The Magnuson-Stevens Act provides the statutory basis for this 
final rule. A description of this final rule, why it is being 
implemented, and the purpose of this final rule are contained in the 
SUMMARY and SUPPLEMENTARY INFORMATION sections of this final rule.
    Public comments relating to social and economic implications and 
potential impacts on small businesses are addressed in the responses to 
Comments 1, 2, and 4 in the Comments and Responses section of this 
final rule. No changes to this final rule were made in response to 
these public comments. No comments were received from the Office of 
Advocacy for the Small Business Administration.
    This final rule will: (1) revise the gag total ACL and sector ACLs, 
(2) reduce the gag commercial trip limit, (3) revise the gag 
recreational bag and possession limits, and establish recreational 
vessel limits, (4) revise the gag recreational AMs, and (5) for black 
grouper revise the recreational bag and possession limits and establish 
recreational vessel limits. Item (1), the gag total ACL and sector 
ACLs, will 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 gag commercial trip limit, will 
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, will 
only apply to for-hire vessels and recreational anglers. None of these 
changes will directly apply to federally-permitted dealers. Any change 
in the supply of gag available for purchase by dealers as a result of 
this final rule, and associated economic effects, would be an indirect 
effect of this regulatory action and would therefore fall outside the 
scope of the impacts considered under the Regulatory Flexibility Act 
(RFA).
    Although most provisions of this final rule will apply to for-hire 
vessels, they are not expected to have any direct effects on these 
entities. For-hire vessels sell fishing services to recreational 
anglers. The changes to the gag catch limits and gag and black grouper 
management measures are not 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 final rule would 
be a consequence of a change in anglers' behavior, secondary to any 
direct effect on anglers and, therefore, an indirect effect of this 
final 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 final 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. However, under the RFA, small entities include 
small businesses, small organizations, and small governmental 
jurisdictions (5 U.S.C. 601(6) and 601(3)-(5), and because recreational 
anglers are not businesses, organizations, or governmental 
jurisdictions, impacts on recreational anglers are outside the scope of 
this analysis (5 U.S.C. 603). 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 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 final rule are believed to be small entities based on the NMFS 
size standard. No other small entities that are directly affected by 
this final rule have been identified.
    This final rule will 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 new catch limits reflect a shift in 
recreational reporting units from the MRIP CHTS to the MRIP FES. The 
total ACL will 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 
value will remain in effect unless it is changed in the future. 
Relative to the current commercial ACL of 347,301 lb (157,533 kg) and 
applying the current commercial sector allocation of 51 percent, the 
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 final rule will 
also modify the percentage of the total ACL

[[Page 65141]]

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--Revised Total ACLs and Commercial ACLs, as Based on Current Allocation Percentages
----------------------------------------------------------------------------------------------------------------
                                                                                            Difference between
                                       Revised total ACL in lb   Revised commercial ACL    revised and current
                 Year                            (kg)                  in lb (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 final rule will 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 will be split equally between both sectors and added to each 
sector's ACL from the previous year. As a result, the allocation 
percentages will gradually shift over time. The 2032 values will remain 
in effect unless changed by future management action. As shown in Table 
2, the combined economic effects of the changes to the total ACLs in 
conjunction with the 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 ranges 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 are changing over time, and the time 
value of money concept suggests money earned sooner is more valuable 
than money earned later because of its earning potential. Therefore, 
when calculating an average annual effect, it is important to discount 
the future stream of benefits 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 is -
$490,415. The average annualized NPV of changes in ex-vessel revenue 
and economic profits per vessel are -$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.

  Table 2--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 profits
                                                          allocation             (kg)          relative to no action    action (2021     (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 final rule will 
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 will 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

[[Page 65142]]

beginning years (2023-2025) of the rebuilding plan. Therefore, these 
economic effects are initially subsumed under those described for the 
changes to the 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 because it 
would be inconsistent with the SSC's 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 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 those set by this final rule, along 
with the expected change in ex-vessel revenue, are provided in Table 3. 
Relative to the total ACLs set by this final rule 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 this final rule 
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 commercial ACLs set by this final 
rule, using a 3 percent discount rate, is -$777,295 (2021 dollars) and 
the annualized NPV during that period is -$91,123. The average 
annualized NPV of changes in ex-vessel revenue and economic profits per 
vessel (assuming 203 affected vessels) are -$449 and -$4, respectively. 
The second alternative was not selected because the Council determined 
that 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 management measures and those implemented by 
this final rule, 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 Action To Revise the ABC, ACL, and Annual
                                                                           OY
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                      Difference in
                                                      Total ACL set by     Total ACL under                          commercial ACL in       Change in
                       Year                          this final rule in  alternative 2 in lb  Difference in total     lb (kg) using       potential ex-
                                                          lb (kg)                (kg)            ACL in lb (kg)     current allocation   vessel revenue
                                                                                                                      of 51 percent      (2021 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
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 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 those set by this final rule, along 
with the expected change in ex-vessel revenue, are provided in Table 4. 
Relative to the total ACLs set by this final rule 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 this final rule 
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 commercial ACLs set by this final 
rule, using a 3 percent discount rate, is -$1.6 million (2021 dollars) 
and the annualized NPV during that period is -$182,245. The average 
annualized NPV of changes in ex-vessel revenue and economic profits per 
vessel (assuming 203 affected vessels) are -$898 and -$9, respectively. 
The third alternative was not selected because the Council determined 
that 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 management measures and those implemented by 
this final rule, are expected to be sufficient at preventing overages, 
thus not requiring a buffer between the ABC and total ACL.

[[Page 65143]]



Table 4--Differences in Total ACL, Commercial ACL, and Ex-Vessel Revenue Under the Third Alternative to the Action To Revise the ABC, ACL, and Annual OY
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                      Difference in
                                                      Total ACL set by     Total ACL under                          commercial ACL in       Change in
                       Year                          this final rule in  Alternative 3 in lb  Difference in total     lb (kg) using       potential ex-
                                                          lb (kg)                (kg)            ACL in lb (kg)     current allocation   vessel revenue
                                                                                                                      of 51 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 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 
allocation set by this final rule, the first alternative, when applied 
to the 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 allocation set by this final rule, using a 3 percent 
discount rate, is $443,067 (2021 dollars) and the annualized NPV during 
that period is $51,941. The average annualized NPV of changes in ex-
vessel revenue and economic profits per vessel (assuming 203 affected 
vessels) are $256 and $3, respectively. The first alternative was not 
selected because the Council determined the allocation set by this 
final rule was based on an allocation method that incorporated more 
recent landings and was therefore a better representation of the gag 
portion of the snapper-grouper fishery moving forward. This allocation 
method also provided better fairness and equity between the sectors.

Table 5--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the First Alternative to the Allocation Set by This Final Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        Change in
                                                               Commercial                      Commercial ACL in    commercial ACL in       Change in
                           Year                              allocation set   Alternative 1      lb (kg) under        lb (kg) under       potential ex-
                                                             by this final      allocation       Alternative 1        Alternative 1      vessel revenue
                                                                  rule                             allocation           allocation       (2021 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 allocation alternative 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 allocation set by this 
final rule, the second alternative, when applied to the revised 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 
allocation set by this final rule, using a 3 percent discount rate, is 
-$4.02 million (2021 dollars) and the annualized NPV during that period 
is -$470,854. The average annualized NPV of changes in ex-vessel 
revenue and economic profits per vessel (assuming 203 affected vessels) 
are -$2,319 and -$23, respectively. The second alternative was not 
selected because the Council determined the allocation set by this 
final rule, as well as other alternatives that were considered, were 
based on 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 65144]]



  Table 6--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the Second Alternative to the Allocation Set by This Final
                                                                          Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Commercial                      Commercial ACL in    Change in commercial      Change in
                                                           allocation set   Alternative 2      lb (kg) under      ACL in lb (kg) under    potential ex-
                          Year                             by this final      allocation       Alternative 2         Alternative 2       vessel revenue
                                                                rule                             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 allocation alternative 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 allocation set by this final rule, the third alternative, when 
applied to the revised 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 allocation set by this final rule, 
using a 3 percent discount rate, is -$1.98 million (2021 dollars) and 
the annualized NPV during that period is -$231,791. The average 
annualized NPV of changes in ex-vessel revenue and economic profits per 
vessel (assuming 203 affected vessels) are -$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.

Table 7--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the Third Alternative to the Allocation Set by This Final Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Commercial                      Commercial ACL in    Change in commercial      Change in
                                                           allocation set   Alternative 3      lb (kg) under      ACL in lb (kg) under    potential ex-
                          Year                             by this final      allocation       Alternative 3         Alternative 3       vessel revenue
                                                                rule                             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 allocation alternative 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 allocation set by this final rule, the fourth alternative, when 
applied to the revised 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 allocation 
set by this final rule, using a 3 percent discount rate, is -$946,558 
(2021 dollars) and the annualized NPV during that period is -$110,965. 
The average annualized NPV of changes in ex-vessel revenue and economic 
profits per vessel (assuming 203 affected vessels) are -$547 and -$5, 
respectively. The fourth alternative was not selected because the 
Council decided that the years of average landings used in this method 
did not best represent the gag portion of the snapper-grouper fishery.

[[Page 65145]]



  Table 8--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the Fourth Alternative to the Allocation Set by This Final
                                                                          Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Commercial                                               Change in commercial       Change in
                                                     allocation set   Alternative 4    Commercial ACL in lb     ACL in lb (kg) under     potential ex-
                        Year                          by this final    allocation     (kg) under Alternative       Alternative 4         vessel revenue
                                                          rule                             4 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 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 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 revised 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 commercial trip limit set by this final rule, the 
second 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 rebuilding plan, 
these economic effects would initially be subsumed under those 
described for the revised 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 because a 200 lb (91 kg) trip limit 
would make trips to catch gag too costly and inefficient.
    The third alternative to the 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 commercial trip limit set by this final rule, 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 revised 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 because it would not constrain 
harvest to ensure the longest commercial season possible under the 
revised catch levels.
    The fourth alternative to the 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 
commercial trip limit set by this final rule, 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 revised 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 because it would not constrain 
harvest to ensure the longest commercial season possible under the 
revised catch levels.
    The fifth and final alternative to the 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 commercial trip limit set by this

[[Page 65146]]

final rule 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 trip limit set by this final rule and in 2027, and 
subsequent years it would be 700 lb (318 kg) greater. These incremental 
increases may allow for greater utilization of the revised 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 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 progress are provided.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency will publish 
one or more guides to assist small entities in complying with the rule 
and will designate such publications as ``small entity compliance 
guides.'' The agency will explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a fishery bulletin to permit holders that also 
serves as a small entity compliance guide was prepared. This final rule 
and the guide (i.e., bulletin) will be available on the website (see 
ADDRESSES). Hard copies of the guide and this final rule will be 
available upon request (see ADDRESSES).
    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 final rule. This final 
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: September 15, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

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

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

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

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


0
2. 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 this paragraph 
(b)(2)(i), 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 this paragraph 
(b)(2)(i), 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 this paragraph 
(b)(2)(i), 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 this paragraph 
(b)(2)(i), 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.

* * * * *
    (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

[[Page 65147]]

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. 2023-20324 Filed 9-20-23; 8:45 am]
BILLING CODE 3510-22-P

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