Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 49, 65819-65823 [2023-20798]
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List of Subjects in 40 CFR Part 52
(2) Rule 502, ‘‘New Source Review,’’
amended on August 12, 2021.
(B) [Reserved]
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■ 3. Section 52.281 is amended by
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follows:
Environmental protection, Air
pollution control, Incorporation by
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Authority: 42 U.S.C. 7401 et seq.
§ 52.281
Dated: September 18, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Visibility protection.
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of Federal Regulations is amended as
follows:
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(12) Placer County Air Pollution
Control District.
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[FR Doc. 2023–20673 Filed 9–25–23; 8:45 am]
BILLING CODE 6560–50–P
PART 52—APPROVAL AND
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DEPARTMENT OF COMMERCE
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section: Rule 501, ‘‘General Permit
Requirements,’’ adopted on August 12,
2010.
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(4) Previously approved on September
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of this section and now deleted with
replacement in (c)(595)(i)(A)(2) of this
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(595) The following rules and
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RIN 0648–BL93
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic
Region; Amendment 49
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
implement Amendment 49 to the
Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (FMP), as prepared and
submitted by the South Atlantic Fishery
Management Council (Council). For
greater amberjack, this final rule revises
the sector annual catch limits (ACLs),
the commercial minimum size limit, the
commercial seasonal trip limits, and the
April spawning season closure. In
addition, Amendment 49 revises the
overfishing limit (OFL), acceptable
biological catch (ABC), annual optimum
yield (OY), and sector allocations of the
total ACL, as well as removes the
recreational annual catch targets (ACTs)
for species in the FMP. The purpose of
this final rule and Amendment 49 is to
ensure catch limits are based on the best
scientific information available and to
ensure overfishing does not occur for
the South Atlantic greater amberjack
stock, while increasing social and
economic benefits.
DATES: This final rule is effective
October 26, 2023.
ADDRESSES: An electronic copy of
Amendment 49, which includes a
SUMMARY:
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65819
fishery impact statement and a
regulatory impact review, may be
obtained from the Southeast Regional
Office website at https://www.fisheries.
noaa.gov/node/150641.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, telephone: 727–824–5305, or
email: mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The South
Atlantic snapper-grouper fishery
includes greater amberjack and is
managed under the FMP. The FMP was
prepared by the Council and is
implemented by NMFS through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
Background
The Magnuson-Stevens Act requires
that NMFS and the regional fishery
management councils prevent
overfishing and achieve, on a
continuing basis, the OY from federally
managed fish stocks. These mandates
are intended to ensure that fishery
resources are managed for the greatest
overall benefit to the Nation,
particularly with respect to providing
food production and recreational
opportunities, and protecting marine
ecosystems. To further this goal, the
Magnuson-Stevens Act requires fishery
managers to minimize bycatch and
bycatch mortality to the extent
practicable.
On June 21, 2023, NMFS published a
notice of availability for Amendment 49
and requested public comment (88 FR
40190). On July 12, 2023, NMFS
published a proposed rule for
Amendment 49 and requested public
comment (88 FR 44244). NMFS
approved Amendment 49 on September
15, 2023. The proposed rule and
Amendment 49 outline the rationale for
the actions contained in this final rule.
A summary of the management
measures described in Amendment 49
and implemented by this final rule is
described below.
In 2008, a stock assessment for greater
amberjack was completed through the
Southeast Data, Assessment, and
Review (SEDAR) process (SEDAR 15),
and it was determined that the stock
was not overfished or undergoing
overfishing. As a result of that stock
status, the Comprehensive ACL
Amendment to the FMP (77 FR 15915,
March 16, 2012) established the current
total ACL and annual OY.
The most recent SEDAR stock
assessment for South Atlantic greater
amberjack (SEDAR 59) was completed
in 2020. The assessment included data
through 2018 and used revised
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estimates for recreational catch from the
Marine Recreational Information
Program (MRIP) based on the Fishing
Effort Survey (FES). In 2018, the MRIP
fully transitioned its estimation of
recreational effort from the Coastal
Household Telephone Survey (CHTS) to
the mail-based FES. Estimates of
recreational catch for greater amberjack
included in the previous assessment
were made using the Marine
Recreational Fisheries Statistics Survey
(MRFSS) methodology. As explained in
Amendment 49, total recreational
fishing effort estimates generated from
MRIP FES are different than those from
the MRIP CHTS and MRFSS because
MRIP FES is designed to more
accurately measure fishing activity, not
because there was a sudden change in
fishing effort. The MRIP FES is
considered a more reliable estimate of
recreational effort by the Council’s
Scientific and Statistical Committee
(SSC), the Council, and NMFS, and
more robust compared to the MRFSS
method previously used to estimate
recreational catches for greater
amberjack. The SSC reviewed SEDAR
59 (2020) and found that the assessment
was conducted using the best scientific
information available, and was adequate
for determining stock status and
supporting fishing level
recommendations. The findings of the
2020 assessment indicated that the
South Atlantic greater amberjack stock
is not overfished or undergoing
overfishing.
Updated catch and data changes
incorporated in the assessment provided
information to update the OFL, ABC,
annual OY, and ACLs. In response to
the results of SEDAR 59 (2020), the
Council subsequently developed
Amendment 49.
In addition to the revisions to the
sector ACLs and seasonal commercial
quotas, the Council determined that
further modifications to greater
amberjack management measures are
needed to ensure that overfishing does
not occur, while increasing social and
economic benefits through sustainable
harvest of greater amberjack in the
South Atlantic exclusive economic zone
(EEZ). Amendment 49 also makes
changes to the FMP by removing
recreational ACTs from the FMP to
make administrative efforts more
efficient, since the Council has not used,
and does not anticipate using,
recreational ACTs for snapper-grouper
management.
Management Measures Contained in
This Final Rule
This final rule revises the sector
annual ACLs, seasonal commercial
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quotas, commercial minimum size limit,
commercial Season 2 trip limit, and the
April spawning closure for South
Atlantic greater amberjack.
Total ACLs
The current total ACL and annual OY
for greater amberjack are equal to the
current ABC of 1,968,001 lb (892,670
kg), round weight. The current ABC
includes recreational estimates from the
MRFSS. In Amendment 49, the Council
revised the ABC based on SEDAR 59
and the recommendation of their SSC.
The fishing year for greater amberjack
is March 1 through the end of February,
requiring that ACL values are described
as a combination of years. This final
rule revises the total ACL and annual
OY equal to the recommended ABC of
3,233,000 lb (1,466,464), round weight,
for 2023–2024; 2,818,000 lb (1,278,223
kg), round weight, for 2024–2025;
2,699,000 lb (1,224,246), round weight,
for 2025–2026; and 2,669,000 lb
(1,210,638), round weight, for 2026–
2027 and subsequent fishing years.
Sector Allocations and ACLs
Amendment 49 revises the
commercial and recreational allocations
of the total ACL for greater amberjack.
The current sector ACLs for greater
amberjack are based on the current
commercial and recreational allocations
of the total ACL at 40.66 percent and
59.34 percent, respectively. The current
allocations were established by applying
the formula of sector ACL = ((mean
landings 2006–2008) * 0.5)) + ((mean
landings 1986–2008) * 0.5) to the
landings dataset that were used in the
Comprehensive ACL Amendment.
The revised greater amberjack sector
allocations in Amendment 49 result in
commercial and recreational allocations
of 35.00 percent and 65.00 percent,
respectively. The Council based the
revised allocations on the current
allocation equation, updated estimates
of recreational landings from the MRIP
FES method, and a consideration of
economic and social impacts to the
commercial and recreational sectors.
The revised sector allocations are
approximate midpoints between the
current allocations, and the allocations
that result from applying the current
allocation formula to a revised dataset
that is inclusive of MRIP–FES, which
results in commercial and recreational
allocations of the total ACL at 29.84
percent and 70.16 percent, respectively.
While the Council increased the
recreational allocation percentage to
account for the increase in recreational
catch estimates under the new MRIP
FES estimation method, the Council
chose to increase the recreational
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allocation to 65.00 percent, instead of
70.16 percent to account for potential
adverse economic and social impacts to
the commercial sector. Several recently
completed stock assessments for other
snapper-grouper species have indicated
poor stock status and necessitated
reduced harvest of these stocks, making
greater amberjack potentially more
important to the commercial sector. The
revised greater amberjack sector
allocation percentages also approximate
the average annual total landings
percentages for each sector from 2010–
2019.
NMFS has determined that the sector
allocations in Amendment 49 will result
in an appropriate balance between the
needs of the commercial and
recreational sectors to maximize harvest
opportunities and is fair and equitable
to fishery participants in both sectors.
This allocation is also reasonably
calculated to promote conservation and
is a wise use of the resource, since it
achieves OY and is based upon an ABC
that incorporates the best scientific
information available. NMFS
acknowledges that the recreational
sector will benefit with an increase to
their allocation, and that the
recreational sector management
measures and accountability measures
(AMs) are in place to prevent overages
of the recreational ACL.
The commercial quota for greater
amberjack is equivalent to the
commercial ACL. The final rule for
Regulatory Amendment 27 to the FMP
established two commercial fishing
seasons and divided the commercial
quota between the seasons to lengthen
the greater amberjack commercial
season and allow for a more equitable
distribution and price stability of the
greater amberjack resource throughout
the South Atlantic (85 FR 4588, January
27, 2020). Regulatory Amendment 27
allocated 60 percent of the commercial
quota to Season 1 (March through
August), and 40 percent of the quota to
Season 2 (September through February).
Any remaining commercial quota from
Season 1 is added to the commercial
quota in Season 2. Any remaining quota
from Season 2 is not carried forward
into the next fishing year. This final rule
does not alter the current fishing
seasons or seasonal allocations of the
commercial ACL.
Currently, the commercial ACL is
769,388 lb (348,989 kg), gutted weight.
The commercial Season 1 quota is
461,633 lb (209,393 kg), gutted weight.
The commercial Season 2 quota is
307,755 lb (139,595 kg), gutted weight.
This final rule revises the commercial
ACLs to be 1,088,029 lb (493,522 kg),
gutted weight, for 2023–2024; 948,365
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lb (430,171 kg), gutted weight, for 2024–
2025; 908,317 lb (412,006 kg), gutted
weight, for 2025–2026; and 898,221 lb
(407,426 kg), gutted weight, for 2026–
2027 and subsequent fishing years.
The commercial Season 1 quotas will
be 652,817 lb (296,113 kg), gutted
weight, for 2023–2024; 569,019 lb
(258,103 kg), gutted weight, for 2024–
2025; 544,990 lb (247,203 kg), gutted
weight, for 2025–2026; and 538,933 lb
(244,456 kg), gutted weight, for 2026–
2027 and subsequent fishing years.
The commercial Season 2 quotas will
be 435,212 lb (197,409 kg), gutted
weight, for 2023–2024; 379,346 lb
(172,068 kg), gutted weight, for 2024–
2025; 363,327 lb (164,802 kg), gutted
weight, for 2025–2026; and 359,288 lb
(162,970 kg), gutted weight, for 2026–
2027 and subsequent fishing years.
The current recreational ACL is
1,167,837 lb (529,722 kg), round weight.
The recreational ACLs in this final rule
are 2,101,450 lb (953,202 kg), round
weight, for 2023–2024; 1,831,700 lb
(830,845 kg), round weight, for 2024–
2025; 1,754,350 lb (795,760 kg), round
weight, for 2025–2026; and 1,734,850 lb
(786,915 kg), round weight, for 2026–
2027 and subsequent fishing years.
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Commercial Minimum Size Limit
The final rule for Amendment 4 to the
FMP (56 FR 56016, October 31, 1991)
implemented the current minimum size
limit for the commercial sector of 36
inches (91.4 cm), fork length (FL).
This final rule reduces the
commercial minimum size limit to 34
inches (86.4 cm), FL. NMFS has
determined that reducing the minimum
size limit should reduce regulatory
discards, reduce the risk of shark
depredation, and more align with the
greater commercial desirability for
smaller fish. A reduction to 34 inches
(86.4 cm), FL, is not likely to jeopardize
the current positive stock status, given
other management constraints on the
commercial sector such as in-season
AMs, trip limits, and split season
quotas.
Seasonal Commercial Trip Limits
The final rule for Regulatory
Amendment 27 revised the commercial
trip limit for greater amberjack to the
current limits of 1,200 lb (544 kg) during
Season 1, and 1,000 lb (454 kg) during
Season 2 (in round or gutted weight).
This final rule increases the Season 2
trip limit for greater amberjack to 1,200
lb (544 kg), which should provide more
regulatory consistency by having the
same commercial trip limit throughout
the year. NMFS acknowledges that the
analyses considered in Amendment 49
indicate that under the 1,200 lb (544 kg)
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trip limit, the commercial sector is not
expected to experience a closure in
Season 2. Having the same trip limit
throughout the fishing year will best
meet the purpose of revising the
commercial trip limit to increase the
efficiency of commercial fishing for
greater amberjack, while minimizing
adverse social and economic effects.
April Spawning Closure
The peak spawning month for greater
amberjack is during April and spawning
aggregations are vulnerable to fishing
effort during that time of the year. As a
result of concerns of high catch rates of
greater amberjack in spawning
aggregations, the final rule for
Amendment 4 implemented a spawning
season closure for the commercial
harvest of greater amberjack during
April, in which commercial fishermen
were restricted to a 3 fish per person per
day limit (the same as the recreational
bag limit at the time). To further
enhance the protection to spawning
greater amberjack, the final rule for
Amendment 9 to the FMP revised those
commercial possession limits and the
sale and purchase restrictions (64 FR
3624, February 24, 1999). Currently,
during April each year, for both the
commercial and recreational sectors, no
person may sell or purchase a greater
amberjack harvested from the South
Atlantic EEZ and the harvest and
possession limit is one per person per
day or one per person per trip,
whichever is more restrictive.
This final rule revises the April
spawning closure restrictions for both
the commercial and recreational sectors
from April 1 through April 30, to not
allow any person to fish for, harvest, or
possess a greater amberjack from the
South Atlantic EEZ and the harvest and
possession limits will be zero. The sale
or purchase of greater amberjack will
continue to be prohibited in April. The
additional protections will be beneficial
for greater amberjack during this portion
of their peak spawning period (AprilMay), and NMFS agrees that both
sectors should be included in this effort
by not allowing either sector to harvest
greater amberjack.
Management Measures in Amendment
49 Not Codified by This Final Rule
In addition to the measures within
this final rule, Amendment 49 revises
the OFL for greater amberjack and sets
the total ACL and annual OY equal to
the ABC. The amendment also revises
the sector allocations as described
above. Additionally, the use of the
recreational ACT is removed for species
managed under the FMP.
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65821
OFL, ABC, and Annual OY
As implemented through the
Comprehensive ACL Amendment, the
current OFL for greater amberjack is
2,005,000 lb (909,453 kg), round weight.
The current total ACL and annual OY
are equal to the ABC of 1,968,001 lb
(892,670 kg), round weight. All of these
current values include recreational
landings for greater amberjack tracked
using MRFSS estimation methods, and
these values were based on the SEDAR
15 stock assessment (2008).
In 2021, the Council’s SSC
recommended to the Council new OFL
and ABC levels based on SEDAR 59
(2020). As discussed above, SEDAR 59
and the associated OFL and ABC
recommendations for greater amberjack
incorporated the revised estimates for
recreational catch and effort from the
MRIP FES. The Council accepted the
SSC’s recommendations, and the
Council’s choice of new OFL and ABC
values within Amendment 49 also
represent the best scientific information
available as determined by the Council’s
SSC and NMFS.
As described in Amendment 49, the
revised OFL values are 3,283,000 lb
(1,489,144 kg), round weight, for 2023;
2,839,000 lb (1,287,749 kg), round
weight, for 2024; 2,719,000 lb (1,233,318
kg), round weight, for 2025; and
2,691,000 lb (1,220,617 kg), round
weight, for 2026.
The Council chose to specify OY for
greater amberjack on an annual basis
and set it equal to the ABC and total
ACL, in accordance with the guidance
provided in the Magnuson-Stevens Act
National Standard 1 Guidelines at 50
CFR 600.310(f)(4)(iv).
Recreational ACTs
Recreational ACTs for the species in
the FMP were established through the
Comprehensive ACL Amendment to
account for uncertainty in recreational
catch estimates. They are calculated
using the formula: ACT = ACL * [(1–
PSE) OR 0.5, whichever is greater],
where ACL is the recreational ACL and
PSE is the average of percent standard
errors for recreational harvest estimates
from the 5 most recent years of data.
Recreational ACTs for snapper-grouper
are not codified in the regulations, and
are not currently used for management
purposes. However, because the
recreational ACT is derived from the
recreational ACL, the recreational ACT
values have continued to be updated in
the FMP when ACLs are changed.
This final rule removes recreational
ACTs for species managed under the
FMP, from both individual species and
complexes. Removing recreational ACTs
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from the FMP will make administrative
efforts by the Council more efficient,
since the Council has not actively used
the ACTs, and does not anticipate using
them for management in the FMP.
Comments and Reponses
NMFS received three comments from
the public during the comment period
on the notice of availability and the
proposed rule for Amendment 49.
NMFS agrees with the one comment in
favor of the actions in Amendment 49
and the proposed rule. Comments that
were outside the scope of Amendment
49 and the proposed rule, including
comments about shark management, are
not addressed further in this final rule.
One comment which opposed some
actions in Amendment 49 and the
proposed rule is summarized below,
along with NMFS’ response. No changes
were made to this final rule as a result
of public comment.
Comment 1: The commercial
minimum size limit should not be
reduced while the commercial catch
limits are simultaneously increased.
There is not enough scientific evidence
to support these proposed changes in
Amendment 49.
Response: NMFS disagrees that
implementing a commercial size
minimum limit reduction and a catch
limit increase should not occur.
Amendment 49 is based on the most
recent stock assessment for South
Atlantic greater amberjack (SEDAR 59,
2020). NMFS has determined that the
assessment was conducted using the
best scientific information available and
was adequate for determining stock
status and supporting fishing level
recommendations. As described in
Amendment 49, SEDAR 59 determined
that the South Atlantic greater
amberjack stock is not overfished or
undergoing overfishing. Catch level and
data changes incorporated in the
assessment provided information to
update the OFL, ABC, annual OY, and
ACLs. The new OFL and ABC are based
on results of the stock assessment, and
the total ACL and annual OY are also
revised based on the assessment.
Therefore, NMFS determines that
Amendment 49 and this final rule that
increases the harvest levels for greater
amberjack in the South Atlantic based
on SEDAR 59 is consistent with the best
scientific information available. NMFS
considers these harvest levels to be
sustainable and will not negatively
impact the health of the stock.
The action to reduce the commercial
minimum size limit was included in
Amendment 49 in response to public
feedback received during the
development of the amendment and
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also from the Council’s SnapperGrouper Advisory Panel. The reduction
of the commercial minimum size limit
from 36 inches (91.4 cm), FL, to 34
inches (86.4 cm), FL, is expected to
increase commercial harvest but also
reduce regulatory discards by allowing
a larger amount of smaller fish that
would be discarded to be kept, reduce
the risk of shark depredation, and align
with the greater commercial desirability
for smaller fish.
NMFS has determined that reducing
the commercial minimum size limit
while also increasing catch limits is
appropriate and meets the purpose of
increasing efficiency of commercial
fishing for greater amberjack while
helping to minimize adverse social and
economic effects. NMFS believes that
these changes are not likely to
jeopardize the positive stock status,
given other management constraints on
the commercial sector such as in-season
AMs, trip limits, and split season
quotas.
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 49, the FMP, the
Magnuson-Stevens Act, and other
applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Magnuson-Stevens Act provides
the statutory basis for this rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. 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.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
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List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing,
Greater amberjack, Recreational, South
Atlantic.
Dated: September 20, 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
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.183, add paragraph (b)(10)
to read as follows:
■
§ 622.183
Area and seasonal closures.
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(b) * * *
(10) Greater amberjack spawning
season closure. From April 1 through
April 30, each year, no person may fish
for, harvest, or possess in or from the
South Atlantic EEZ any greater
amberjack. For a person on board a
vessel for which a valid Federal
commercial or charter vessel/headboat
permit for South Atlantic snappergrouper has been issued, these
prohibitions against fishing, harvesting,
or possessing apply in the South
Atlantic, i.e., in state or Federal waters.
Such greater amberjack are also subject
to the prohibition on sale or purchase,
as specified in § 622.192(g).
§ 622.184
[Removed and Reserved]
3. Remove and reserve § 622.184.
4. In § 622.185, revise paragraph (c)(5)
to read as follows:
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§ 622.185
Size limits.
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*
(c) * * *
(5) Greater amberjack—28 inches
(71.1 cm), fork length, for a fish taken
by a person subject to the bag limit
specified in § 622.187(b)(1) and 34
inches (86.4 cm), fork length, for a fish
taken by a person not subject to the bag
limit.
*
*
*
*
*
■ 5. In § 622.190, revise paragraph (a)(3)
to read as follows:
§ 622.190
Quotas.
*
*
*
*
*
(a) * * *
(3) Greater amberjack—(i) For the
period of March 1 through August 31
each year.
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(A) For the 2023–2024 fishing year,
652,817 lb (296,113 kg).
(B) For the 2024–2025 fishing year,
569,019 lb (258,103 kg).
(C) For the 2025–2026 fishing year,
544,990 lb (247,203 kg).
(D) For the 2026–2027 and subsequent
fishing years, 538,933 lb (244,456 kg).
(ii) For the period of September 1
through the end of February each year.
(A) For the 2023–2024 fishing year,
435,212 lb (197,409 kg).
(B) For the 2024–2025 fishing year,
379,346 lb (172,068 kg).
(C) For the 2025–2026 fishing year,
363,327 lb (164,802 kg).
(D) For the 2026–2027 and subsequent
fishing years, 359,288 lb (162,970 kg).
*
*
*
*
*
■ 6. In § 622.191, revise paragraph (a)(5)
to read as follows:
§ 622.191
Commercial trip limits.
*
*
*
*
*
(a) * * *
(5) Until the applicable commercial
quota specified in § 622.190(a)(3) is
reached—1,200 lb (544 kg). See
§ 622.190(c)(1) for the limitations
regarding greater amberjack after the
applicable commercial quota is reached.
*
*
*
*
*
■ 7. In § 622.193, revise the section
heading and paragraph (k) to read as
follows:
§ 622.193 Annual catch limits (ACLs) and
accountability measures (AMs).
lotter on DSK11XQN23PROD with RULES1
*
*
*
*
*
(k) Greater amberjack—(1)
Commercial sector.
(i) If commercial landings for greater
amberjack, as estimated by the SRD,
reach or are projected to reach the
applicable commercial ACL
(commercial quota) specified in
§ 622.190(a)(3), the AA will file a
notification with the Office of the
Federal Register to close the commercial
sector for that portion of the fishing year
applicable to the respective quota.
Applicable restrictions after a
commercial quota closure are specified
in § 622.190(c).
(ii) If commercial landings for greater
amberjack, as estimated by the SRD,
exceed the commercial ACL, and the
combined commercial and recreational
ACL as specified in paragraph (k)(3) of
this section is exceeded during the same
fishing year, and the species is
overfished based on the most recent
Status of U.S. Fisheries Report to
Congress, the AA will file a notification
with the Office of the Federal Register
to reduce the commercial ACL in the
following fishing year by the amount of
the commercial ACL overage in the
VerDate Sep<11>2014
15:42 Sep 25, 2023
Jkt 259001
prior fishing year. The total commercial
ACL is 1,088,029 lb (493,522 kg), gutted
weight, for the 2023–2024 fishing year;
948,365 lb (430,171 kg), gutted weight,
for the 2024–2025 fishing year; 908,317
lb (412,006 kg), gutted weight, for the
2025–2026 fishing year; and 898,221 lb
(407,426 kg), gutted weight, for the
2026–2027 and subsequent fishing
years.
(2) Recreational sector. (i) If
recreational landings for greater
amberjack, as estimated by the SRD,
reach or are projected to reach the
recreational ACL, the AA will file a
notification with the Office of the
Federal Register to close the recreational
sector for the remainder of the fishing
year regardless of whether the stock is
overfished, unless NMFS determines
that no closure is necessary based on the
best scientific information available. On
and after the effective date of such a
notification, the bag and possession
limits for greater amberjack in or from
the South Atlantic EEZ are zero. The
recreational ACL is 2,101,450 lb
(953,202 kg), round weight, for the
2023–2024 fishing year; 1,831,700 lb
(830,845 kg), round weight, for the
2024–2025 fishing year; 1,754,350 lb
(795,760 kg), round weight, for the
2025–2026 fishing year; and 1,734,850
lb (786,915 kg), round weight, for the
2026–2027 and subsequent fishing
years.
(ii) If recreational landings for greater
amberjack, as estimated by the SRD,
exceed the recreational ACL, then
during the following fishing year
recreational landings will be monitored
for a persistence in increased landings,
and if necessary, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
the recreational fishing season and
recreational ACL by the amount of the
recreational ACL overage, if the species
is overfished based on the most recent
Status of U.S. Fisheries Report to
Congress, and if the combined
commercial and recreational ACL
specified in paragraph (k)(3) of this
section, is exceeded during the same
fishing year. The AA will use the best
scientific information available to
determine if reducing the length of the
recreational season and recreational
ACL is necessary. When the recreational
sector is closed as a result of NMFS
reducing the length of the recreational
fishing season and ACL, the bag and
possession limits for greater amberjack
in or from the South Atlantic EEZ are
zero.
(3) Combined commercial and
recreational ACLs. The combined
commercial and recreational ACL for
greater amberjack is 3,233,000 lb
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
65823
(1,466,464 kg), round weight, for the
2023–2024 fishing year; 2,818,000 lb
(1,278,223 kg), round weight, for the
2024–2025 fishing year; 2,699,000 lb
(1,224,246 kg), round weight, for the
2025–2026 fishing year; and 2,669,000
lb (1,210,638 kg), round weight, for the
2026–2027 and subsequent fishing
years.
*
*
*
*
*
[FR Doc. 2023–20798 Filed 9–25–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 221223–0282; RTID 0648–
XD393]
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Quota Transfer From North Carolina to
Virginia
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of quota transfer.
AGENCY:
NMFS announces that the
State of North Carolina is transferring a
portion of its 2023 commercial summer
flounder quota to the Commonwealth of
Virginia. This adjustment to the 2023
fishing year quota is necessary to
comply with the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan quota transfer
provisions. This announcement informs
the public of the revised 2023
commercial quotas for North Carolina
and Virginia.
DATES: Effective September 25, 2023,
through December 31, 2023.
FOR FURTHER INFORMATION CONTACT:
Laura Deighan, Fishery Management
Specialist, (978) 281–9184.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are found in 50 CFR
648.100 through 648.111. These
regulations require annual specification
of a commercial quota that is
apportioned among the coastal states
from Maine through North Carolina. The
process to set the annual commercial
quota and the percent allocated to each
state is described in § 648.102 and final
2023 allocations were published on
January 3, 2023 (88 FR 11).
The final rule implementing
Amendment 5 to the Summer Flounder
Fishery Management Plan (FMP), as
SUMMARY:
E:\FR\FM\26SER1.SGM
26SER1
]]>Agencies
[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Rules and Regulations]
[Pages 65819-65823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20798]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230920-0228]
RIN 0648-BL93
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 49
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues regulations to implement Amendment 49 to the
Fishery Management Plan for the Snapper-Grouper Fishery of the South
Atlantic Region (FMP), as prepared and submitted by the South Atlantic
Fishery Management Council (Council). For greater amberjack, this final
rule revises the sector annual catch limits (ACLs), the commercial
minimum size limit, the commercial seasonal trip limits, and the April
spawning season closure. In addition, Amendment 49 revises the
overfishing limit (OFL), acceptable biological catch (ABC), annual
optimum yield (OY), and sector allocations of the total ACL, as well as
removes the recreational annual catch targets (ACTs) for species in the
FMP. The purpose of this final rule and Amendment 49 is to ensure catch
limits are based on the best scientific information available and to
ensure overfishing does not occur for the South Atlantic greater
amberjack stock, while increasing social and economic benefits.
DATES: This final rule is effective October 26, 2023.
ADDRESSES: An electronic copy of Amendment 49, which includes a fishery
impact statement and a regulatory impact review, may be obtained from
the Southeast Regional Office website at https://www.fisheries.noaa.gov/node/150641.
FOR FURTHER INFORMATION CONTACT: Mary Vara, telephone: 727-824-5305, or
email: [email protected].
SUPPLEMENTARY INFORMATION: The South Atlantic snapper-grouper fishery
includes greater amberjack and is managed under the FMP. The FMP was
prepared by the Council and is implemented by NMFS through regulations
at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
Background
The Magnuson-Stevens Act requires that NMFS and the regional
fishery management councils prevent overfishing and achieve, on a
continuing basis, the OY from federally managed fish stocks. These
mandates are intended to ensure that fishery resources are managed for
the greatest overall benefit to the Nation, particularly with respect
to providing food production and recreational opportunities, and
protecting marine ecosystems. To further this goal, the Magnuson-
Stevens Act requires fishery managers to minimize bycatch and bycatch
mortality to the extent practicable.
On June 21, 2023, NMFS published a notice of availability for
Amendment 49 and requested public comment (88 FR 40190). On July 12,
2023, NMFS published a proposed rule for Amendment 49 and requested
public comment (88 FR 44244). NMFS approved Amendment 49 on September
15, 2023. The proposed rule and Amendment 49 outline the rationale for
the actions contained in this final rule. A summary of the management
measures described in Amendment 49 and implemented by this final rule
is described below.
In 2008, a stock assessment for greater amberjack was completed
through the Southeast Data, Assessment, and Review (SEDAR) process
(SEDAR 15), and it was determined that the stock was not overfished or
undergoing overfishing. As a result of that stock status, the
Comprehensive ACL Amendment to the FMP (77 FR 15915, March 16, 2012)
established the current total ACL and annual OY.
The most recent SEDAR stock assessment for South Atlantic greater
amberjack (SEDAR 59) was completed in 2020. The assessment included
data through 2018 and used revised
[[Page 65820]]
estimates for recreational catch from the Marine Recreational
Information Program (MRIP) based on the Fishing Effort Survey (FES). In
2018, the MRIP fully transitioned its estimation of recreational effort
from the Coastal Household Telephone Survey (CHTS) to the mail-based
FES. Estimates of recreational catch for greater amberjack included in
the previous assessment were made using the Marine Recreational
Fisheries Statistics Survey (MRFSS) methodology. As explained in
Amendment 49, total recreational fishing effort estimates generated
from MRIP FES are different than those from the MRIP CHTS and MRFSS
because MRIP FES is designed to more accurately measure fishing
activity, not because there was a sudden change in fishing effort. The
MRIP FES is considered a more reliable estimate of recreational effort
by the Council's Scientific and Statistical Committee (SSC), the
Council, and NMFS, and more robust compared to the MRFSS method
previously used to estimate recreational catches for greater amberjack.
The SSC reviewed SEDAR 59 (2020) and found that the assessment was
conducted using the best scientific information available, and was
adequate for determining stock status and supporting fishing level
recommendations. The findings of the 2020 assessment indicated that the
South Atlantic greater amberjack stock is not overfished or undergoing
overfishing.
Updated catch and data changes incorporated in the assessment
provided information to update the OFL, ABC, annual OY, and ACLs. In
response to the results of SEDAR 59 (2020), the Council subsequently
developed Amendment 49.
In addition to the revisions to the sector ACLs and seasonal
commercial quotas, the Council determined that further modifications to
greater amberjack management measures are needed to ensure that
overfishing does not occur, while increasing social and economic
benefits through sustainable harvest of greater amberjack in the South
Atlantic exclusive economic zone (EEZ). Amendment 49 also makes changes
to the FMP by removing recreational ACTs from the FMP to make
administrative efforts more efficient, since the Council has not used,
and does not anticipate using, recreational ACTs for snapper-grouper
management.
Management Measures Contained in This Final Rule
This final rule revises the sector annual ACLs, seasonal commercial
quotas, commercial minimum size limit, commercial Season 2 trip limit,
and the April spawning closure for South Atlantic greater amberjack.
Total ACLs
The current total ACL and annual OY for greater amberjack are equal
to the current ABC of 1,968,001 lb (892,670 kg), round weight. The
current ABC includes recreational estimates from the MRFSS. In
Amendment 49, the Council revised the ABC based on SEDAR 59 and the
recommendation of their SSC.
The fishing year for greater amberjack is March 1 through the end
of February, requiring that ACL values are described as a combination
of years. This final rule revises the total ACL and annual OY equal to
the recommended ABC of 3,233,000 lb (1,466,464), round weight, for
2023-2024; 2,818,000 lb (1,278,223 kg), round weight, for 2024-2025;
2,699,000 lb (1,224,246), round weight, for 2025-2026; and 2,669,000 lb
(1,210,638), round weight, for 2026-2027 and subsequent fishing years.
Sector Allocations and ACLs
Amendment 49 revises the commercial and recreational allocations of
the total ACL for greater amberjack. The current sector ACLs for
greater amberjack are based on the current commercial and recreational
allocations of the total ACL at 40.66 percent and 59.34 percent,
respectively. The current allocations were established by applying the
formula of sector ACL = ((mean landings 2006-2008) * 0.5)) + ((mean
landings 1986-2008) * 0.5) to the landings dataset that were used in
the Comprehensive ACL Amendment.
The revised greater amberjack sector allocations in Amendment 49
result in commercial and recreational allocations of 35.00 percent and
65.00 percent, respectively. The Council based the revised allocations
on the current allocation equation, updated estimates of recreational
landings from the MRIP FES method, and a consideration of economic and
social impacts to the commercial and recreational sectors. The revised
sector allocations are approximate midpoints between the current
allocations, and the allocations that result from applying the current
allocation formula to a revised dataset that is inclusive of MRIP-FES,
which results in commercial and recreational allocations of the total
ACL at 29.84 percent and 70.16 percent, respectively. While the Council
increased the recreational allocation percentage to account for the
increase in recreational catch estimates under the new MRIP FES
estimation method, the Council chose to increase the recreational
allocation to 65.00 percent, instead of 70.16 percent to account for
potential adverse economic and social impacts to the commercial sector.
Several recently completed stock assessments for other snapper-grouper
species have indicated poor stock status and necessitated reduced
harvest of these stocks, making greater amberjack potentially more
important to the commercial sector. The revised greater amberjack
sector allocation percentages also approximate the average annual total
landings percentages for each sector from 2010-2019.
NMFS has determined that the sector allocations in Amendment 49
will result in an appropriate balance between the needs of the
commercial and recreational sectors to maximize harvest opportunities
and is fair and equitable to fishery participants in both sectors. This
allocation is also reasonably calculated to promote conservation and is
a wise use of the resource, since it achieves OY and is based upon an
ABC that incorporates the best scientific information available. NMFS
acknowledges that the recreational sector will benefit with an increase
to their allocation, and that the recreational sector management
measures and accountability measures (AMs) are in place to prevent
overages of the recreational ACL.
The commercial quota for greater amberjack is equivalent to the
commercial ACL. The final rule for Regulatory Amendment 27 to the FMP
established two commercial fishing seasons and divided the commercial
quota between the seasons to lengthen the greater amberjack commercial
season and allow for a more equitable distribution and price stability
of the greater amberjack resource throughout the South Atlantic (85 FR
4588, January 27, 2020). Regulatory Amendment 27 allocated 60 percent
of the commercial quota to Season 1 (March through August), and 40
percent of the quota to Season 2 (September through February). Any
remaining commercial quota from Season 1 is added to the commercial
quota in Season 2. Any remaining quota from Season 2 is not carried
forward into the next fishing year. This final rule does not alter the
current fishing seasons or seasonal allocations of the commercial ACL.
Currently, the commercial ACL is 769,388 lb (348,989 kg), gutted
weight. The commercial Season 1 quota is 461,633 lb (209,393 kg),
gutted weight. The commercial Season 2 quota is 307,755 lb (139,595
kg), gutted weight.
This final rule revises the commercial ACLs to be 1,088,029 lb
(493,522 kg), gutted weight, for 2023-2024; 948,365
[[Page 65821]]
lb (430,171 kg), gutted weight, for 2024-2025; 908,317 lb (412,006 kg),
gutted weight, for 2025-2026; and 898,221 lb (407,426 kg), gutted
weight, for 2026-2027 and subsequent fishing years.
The commercial Season 1 quotas will be 652,817 lb (296,113 kg),
gutted weight, for 2023-2024; 569,019 lb (258,103 kg), gutted weight,
for 2024-2025; 544,990 lb (247,203 kg), gutted weight, for 2025-2026;
and 538,933 lb (244,456 kg), gutted weight, for 2026-2027 and
subsequent fishing years.
The commercial Season 2 quotas will be 435,212 lb (197,409 kg),
gutted weight, for 2023-2024; 379,346 lb (172,068 kg), gutted weight,
for 2024-2025; 363,327 lb (164,802 kg), gutted weight, for 2025-2026;
and 359,288 lb (162,970 kg), gutted weight, for 2026-2027 and
subsequent fishing years.
The current recreational ACL is 1,167,837 lb (529,722 kg), round
weight. The recreational ACLs in this final rule are 2,101,450 lb
(953,202 kg), round weight, for 2023-2024; 1,831,700 lb (830,845 kg),
round weight, for 2024-2025; 1,754,350 lb (795,760 kg), round weight,
for 2025-2026; and 1,734,850 lb (786,915 kg), round weight, for 2026-
2027 and subsequent fishing years.
Commercial Minimum Size Limit
The final rule for Amendment 4 to the FMP (56 FR 56016, October 31,
1991) implemented the current minimum size limit for the commercial
sector of 36 inches (91.4 cm), fork length (FL).
This final rule reduces the commercial minimum size limit to 34
inches (86.4 cm), FL. NMFS has determined that reducing the minimum
size limit should reduce regulatory discards, reduce the risk of shark
depredation, and more align with the greater commercial desirability
for smaller fish. A reduction to 34 inches (86.4 cm), FL, is not likely
to jeopardize the current positive stock status, given other management
constraints on the commercial sector such as in-season AMs, trip
limits, and split season quotas.
Seasonal Commercial Trip Limits
The final rule for Regulatory Amendment 27 revised the commercial
trip limit for greater amberjack to the current limits of 1,200 lb (544
kg) during Season 1, and 1,000 lb (454 kg) during Season 2 (in round or
gutted weight).
This final rule increases the Season 2 trip limit for greater
amberjack to 1,200 lb (544 kg), which should provide more regulatory
consistency by having the same commercial trip limit throughout the
year. NMFS acknowledges that the analyses considered in Amendment 49
indicate that under the 1,200 lb (544 kg) trip limit, the commercial
sector is not expected to experience a closure in Season 2. Having the
same trip limit throughout the fishing year will best meet the purpose
of revising the commercial trip limit to increase the efficiency of
commercial fishing for greater amberjack, while minimizing adverse
social and economic effects.
April Spawning Closure
The peak spawning month for greater amberjack is during April and
spawning aggregations are vulnerable to fishing effort during that time
of the year. As a result of concerns of high catch rates of greater
amberjack in spawning aggregations, the final rule for Amendment 4
implemented a spawning season closure for the commercial harvest of
greater amberjack during April, in which commercial fishermen were
restricted to a 3 fish per person per day limit (the same as the
recreational bag limit at the time). To further enhance the protection
to spawning greater amberjack, the final rule for Amendment 9 to the
FMP revised those commercial possession limits and the sale and
purchase restrictions (64 FR 3624, February 24, 1999). Currently,
during April each year, for both the commercial and recreational
sectors, no person may sell or purchase a greater amberjack harvested
from the South Atlantic EEZ and the harvest and possession limit is one
per person per day or one per person per trip, whichever is more
restrictive.
This final rule revises the April spawning closure restrictions for
both the commercial and recreational sectors from April 1 through April
30, to not allow any person to fish for, harvest, or possess a greater
amberjack from the South Atlantic EEZ and the harvest and possession
limits will be zero. The sale or purchase of greater amberjack will
continue to be prohibited in April. The additional protections will be
beneficial for greater amberjack during this portion of their peak
spawning period (April-May), and NMFS agrees that both sectors should
be included in this effort by not allowing either sector to harvest
greater amberjack.
Management Measures in Amendment 49 Not Codified by This Final Rule
In addition to the measures within this final rule, Amendment 49
revises the OFL for greater amberjack and sets the total ACL and annual
OY equal to the ABC. The amendment also revises the sector allocations
as described above. Additionally, the use of the recreational ACT is
removed for species managed under the FMP.
OFL, ABC, and Annual OY
As implemented through the Comprehensive ACL Amendment, the current
OFL for greater amberjack is 2,005,000 lb (909,453 kg), round weight.
The current total ACL and annual OY are equal to the ABC of 1,968,001
lb (892,670 kg), round weight. All of these current values include
recreational landings for greater amberjack tracked using MRFSS
estimation methods, and these values were based on the SEDAR 15 stock
assessment (2008).
In 2021, the Council's SSC recommended to the Council new OFL and
ABC levels based on SEDAR 59 (2020). As discussed above, SEDAR 59 and
the associated OFL and ABC recommendations for greater amberjack
incorporated the revised estimates for recreational catch and effort
from the MRIP FES. The Council accepted the SSC's recommendations, and
the Council's choice of new OFL and ABC values within Amendment 49 also
represent the best scientific information available as determined by
the Council's SSC and NMFS.
As described in Amendment 49, the revised OFL values are 3,283,000
lb (1,489,144 kg), round weight, for 2023; 2,839,000 lb (1,287,749 kg),
round weight, for 2024; 2,719,000 lb (1,233,318 kg), round weight, for
2025; and 2,691,000 lb (1,220,617 kg), round weight, for 2026.
The Council chose to specify OY for greater amberjack on an annual
basis and set it equal to the ABC and total ACL, in accordance with the
guidance provided in the Magnuson-Stevens Act National Standard 1
Guidelines at 50 CFR 600.310(f)(4)(iv).
Recreational ACTs
Recreational ACTs for the species in the FMP were established
through the Comprehensive ACL Amendment to account for uncertainty in
recreational catch estimates. They are calculated using the formula:
ACT = ACL * [(1-PSE) OR 0.5, whichever is greater], where ACL is the
recreational ACL and PSE is the average of percent standard errors for
recreational harvest estimates from the 5 most recent years of data.
Recreational ACTs for snapper-grouper are not codified in the
regulations, and are not currently used for management purposes.
However, because the recreational ACT is derived from the recreational
ACL, the recreational ACT values have continued to be updated in the
FMP when ACLs are changed.
This final rule removes recreational ACTs for species managed under
the FMP, from both individual species and complexes. Removing
recreational ACTs
[[Page 65822]]
from the FMP will make administrative efforts by the Council more
efficient, since the Council has not actively used the ACTs, and does
not anticipate using them for management in the FMP.
Comments and Reponses
NMFS received three comments from the public during the comment
period on the notice of availability and the proposed rule for
Amendment 49. NMFS agrees with the one comment in favor of the actions
in Amendment 49 and the proposed rule. Comments that were outside the
scope of Amendment 49 and the proposed rule, including comments about
shark management, are not addressed further in this final rule. One
comment which opposed some actions in Amendment 49 and the proposed
rule is summarized below, along with NMFS' response. No changes were
made to this final rule as a result of public comment.
Comment 1: The commercial minimum size limit should not be reduced
while the commercial catch limits are simultaneously increased. There
is not enough scientific evidence to support these proposed changes in
Amendment 49.
Response: NMFS disagrees that implementing a commercial size
minimum limit reduction and a catch limit increase should not occur.
Amendment 49 is based on the most recent stock assessment for South
Atlantic greater amberjack (SEDAR 59, 2020). NMFS has determined that
the assessment was conducted using the best scientific information
available and was adequate for determining stock status and supporting
fishing level recommendations. As described in Amendment 49, SEDAR 59
determined that the South Atlantic greater amberjack stock is not
overfished or undergoing overfishing. Catch level and data changes
incorporated in the assessment provided information to update the OFL,
ABC, annual OY, and ACLs. The new OFL and ABC are based on results of
the stock assessment, and the total ACL and annual OY are also revised
based on the assessment. Therefore, NMFS determines that Amendment 49
and this final rule that increases the harvest levels for greater
amberjack in the South Atlantic based on SEDAR 59 is consistent with
the best scientific information available. NMFS considers these harvest
levels to be sustainable and will not negatively impact the health of
the stock.
The action to reduce the commercial minimum size limit was included
in Amendment 49 in response to public feedback received during the
development of the amendment and also from the Council's Snapper-
Grouper Advisory Panel. The reduction of the commercial minimum size
limit from 36 inches (91.4 cm), FL, to 34 inches (86.4 cm), FL, is
expected to increase commercial harvest but also reduce regulatory
discards by allowing a larger amount of smaller fish that would be
discarded to be kept, reduce the risk of shark depredation, and align
with the greater commercial desirability for smaller fish.
NMFS has determined that reducing the commercial minimum size limit
while also increasing catch limits is appropriate and meets the purpose
of increasing efficiency of commercial fishing for greater amberjack
while helping to minimize adverse social and economic effects. NMFS
believes that these changes are not likely to jeopardize the positive
stock status, given other management constraints on the commercial
sector such as in-season AMs, trip limits, and split season quotas.
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 49, the FMP, the Magnuson-Stevens Act, and
other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the statutory basis for this
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified. 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.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Greater amberjack, Recreational,
South Atlantic.
Dated: September 20, 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. 622.183, add paragraph (b)(10) to read as follows:
Sec. 622.183 Area and seasonal closures.
* * * * *
(b) * * *
(10) Greater amberjack spawning season closure. From April 1
through April 30, each year, no person may fish for, harvest, or
possess in or from the South Atlantic EEZ any greater amberjack. For a
person on board a vessel for which a valid Federal commercial or
charter vessel/headboat permit for South Atlantic snapper-grouper has
been issued, these prohibitions against fishing, harvesting, or
possessing apply in the South Atlantic, i.e., in state or Federal
waters. Such greater amberjack are also subject to the prohibition on
sale or purchase, as specified in Sec. 622.192(g).
Sec. 622.184 [Removed and Reserved]
0
3. Remove and reserve Sec. 622.184.
0
4. In Sec. 622.185, revise paragraph (c)(5) to read as follows:
Sec. 622.185 Size limits.
* * * * *
(c) * * *
(5) Greater amberjack--28 inches (71.1 cm), fork length, for a fish
taken by a person subject to the bag limit specified in Sec.
622.187(b)(1) and 34 inches (86.4 cm), fork length, for a fish taken by
a person not subject to the bag limit.
* * * * *
0
5. In Sec. 622.190, revise paragraph (a)(3) to read as follows:
Sec. 622.190 Quotas.
* * * * *
(a) * * *
(3) Greater amberjack--(i) For the period of March 1 through August
31 each year.
[[Page 65823]]
(A) For the 2023-2024 fishing year, 652,817 lb (296,113 kg).
(B) For the 2024-2025 fishing year, 569,019 lb (258,103 kg).
(C) For the 2025-2026 fishing year, 544,990 lb (247,203 kg).
(D) For the 2026-2027 and subsequent fishing years, 538,933 lb
(244,456 kg).
(ii) For the period of September 1 through the end of February each
year.
(A) For the 2023-2024 fishing year, 435,212 lb (197,409 kg).
(B) For the 2024-2025 fishing year, 379,346 lb (172,068 kg).
(C) For the 2025-2026 fishing year, 363,327 lb (164,802 kg).
(D) For the 2026-2027 and subsequent fishing years, 359,288 lb
(162,970 kg).
* * * * *
0
6. In Sec. 622.191, revise paragraph (a)(5) to read as follows:
Sec. 622.191 Commercial trip limits.
* * * * *
(a) * * *
(5) Until the applicable commercial quota specified in Sec.
622.190(a)(3) is reached--1,200 lb (544 kg). See Sec. 622.190(c)(1)
for the limitations regarding greater amberjack after the applicable
commercial quota is reached.
* * * * *
0
7. In Sec. 622.193, revise the section heading and paragraph (k) to
read as follows:
Sec. 622.193 Annual catch limits (ACLs) and accountability measures
(AMs).
* * * * *
(k) Greater amberjack--(1) Commercial sector.
(i) If commercial landings for greater amberjack, as estimated by
the SRD, reach or are projected to reach the applicable commercial ACL
(commercial quota) specified in Sec. 622.190(a)(3), the AA will file a
notification with the Office of the Federal Register to close the
commercial sector for that portion of the fishing year applicable to
the respective quota. Applicable restrictions after a commercial quota
closure are specified in Sec. 622.190(c).
(ii) If commercial landings for greater amberjack, as estimated by
the SRD, exceed the commercial ACL, and the combined commercial and
recreational ACL as specified in paragraph (k)(3) of this section is
exceeded during the same fishing year, and the species is overfished
based on the most recent Status of U.S. Fisheries Report to Congress,
the AA will file a notification with the Office of the Federal Register
to reduce the commercial ACL in the following fishing year by the
amount of the commercial ACL overage in the prior fishing year. The
total commercial ACL is 1,088,029 lb (493,522 kg), gutted weight, for
the 2023-2024 fishing year; 948,365 lb (430,171 kg), gutted weight, for
the 2024-2025 fishing year; 908,317 lb (412,006 kg), gutted weight, for
the 2025-2026 fishing year; and 898,221 lb (407,426 kg), gutted weight,
for the 2026-2027 and subsequent fishing years.
(2) Recreational sector. (i) If recreational landings for greater
amberjack, as estimated by the SRD, reach or are projected to reach the
recreational ACL, the AA will file a notification with the Office of
the Federal Register to close the recreational sector for the remainder
of the fishing year regardless of whether the stock is overfished,
unless NMFS determines that no closure is necessary based on the best
scientific information available. On and after the effective date of
such a notification, the bag and possession limits for greater
amberjack in or from the South Atlantic EEZ are zero. The recreational
ACL is 2,101,450 lb (953,202 kg), round weight, for the 2023-2024
fishing year; 1,831,700 lb (830,845 kg), round weight, for the 2024-
2025 fishing year; 1,754,350 lb (795,760 kg), round weight, for the
2025-2026 fishing year; and 1,734,850 lb (786,915 kg), round weight,
for the 2026-2027 and subsequent fishing years.
(ii) If recreational landings for greater amberjack, as estimated
by the SRD, exceed the recreational ACL, then during the following
fishing year recreational landings will be monitored for a persistence
in increased landings, and if necessary, the AA will file a
notification with the Office of the Federal Register to reduce the
length of the recreational fishing season and recreational ACL by the
amount of the recreational ACL overage, if the species is overfished
based on the most recent Status of U.S. Fisheries Report to Congress,
and if the combined commercial and recreational ACL specified in
paragraph (k)(3) of this section, is exceeded during the same fishing
year. The AA will use the best scientific information available to
determine if reducing the length of the recreational season and
recreational ACL is necessary. When the recreational sector is closed
as a result of NMFS reducing the length of the recreational fishing
season and ACL, the bag and possession limits for greater amberjack in
or from the South Atlantic EEZ are zero.
(3) Combined commercial and recreational ACLs. The combined
commercial and recreational ACL for greater amberjack is 3,233,000 lb
(1,466,464 kg), round weight, for the 2023-2024 fishing year; 2,818,000
lb (1,278,223 kg), round weight, for the 2024-2025 fishing year;
2,699,000 lb (1,224,246 kg), round weight, for the 2025-2026 fishing
year; and 2,669,000 lb (1,210,638 kg), round weight, for the 2026-2027
and subsequent fishing years.
* * * * *
[FR Doc. 2023-20798 Filed 9-25-23; 8:45 am]
BILLING CODE 3510-22-P
