Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Amendment 52, 76696-76701 [2023-24468]
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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations
needed. If at any time during the
monitoring period data indicate that
protective status under the Act should
be reinstated, we can initiate listing
procedures, including, if appropriate,
emergency listing.
We are delisting island bedstraw and
Santa Cruz Island dudleya based on our
analysis in the SSA report, expert
opinions, and conservation and
recovery actions taken. Since delisting
would be, in part, due to conservation
actions taken by stakeholders, we have
prepared PDM plans for island bedstraw
and Santa Cruz Island dudleya. The
PDM plans: (1) Summarize the status of
island bedstraw and Santa Cruz Island
dudleya at the time of proposed
delisting; (2) describe frequency and
duration of monitoring; (3) discuss
monitoring methods and potential
sampling regimes; (4) define what
potential triggers will be evaluated to
address the need for additional
monitoring; (5) outline reporting
requirements and procedures; (6)
establish a schedule for implementing
the PDM plans; and (7) define
responsibilities. It is our intent to work
with our partners towards maintaining
the recovered status of island bedstraw
and Santa Cruz Island dudleya. With the
publication of the proposed rule, we
sought public and peer reviewer
comments on the draft PDM plans,
including their objectives and
procedures, and have incorporated these
comments as appropriate into the final
PDM plans, which will be posted to
https://www.regulations.gov under
Docket No. FWS–R8–ES–2022–0066 and
are available as indicated above in
ADDRESSES.
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments), and the Department of
the Interior’s manual at 512 DM 2, we
readily acknowledge our responsibility
to communicate meaningfully with
federally recognized Tribes on a
government-to-government basis. In
accordance with Secretarial Order 3206
of June 5, 1997 (American Indian Tribal
Rights, Federal–Tribal Trust
Responsibilities, and the Endangered
Species Act), we readily acknowledge
our responsibilities to work directly
with Tribes in developing programs for
healthy ecosystems, to acknowledge that
Tribal lands are not subject to the same
controls as Federal public lands, to
remain sensitive to Indian culture, and
to make information available to Tribes.
No Tribal lands are associated with this
final rule, and we did not receive any
comments from any Tribes or Tribal
members on the proposed rule (87 FR
73722, December 1, 2022).
Required Determinations
Endangered and threatened species,
Exports, Imports, Plants, Reporting and
recordkeeping requirements,
Transportation, Wildlife.
National Environmental Policy Act (42
U.S.C. 4321 et seq.)
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We have determined that
environmental assessments and
environmental impact statements, as
defined under the authority of the
National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.), need not
be prepared in connection with
determining a species’ listing status
under the Endangered Species Act. We
published a notice outlining our reasons
for this determination in the Federal
Register on October 25, 1983 (48 FR
49244).
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994
(Government-to-Government Relations
with Native American Tribal
Governments; 59 FR 22951), Executive
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References Cited
A complete list of references cited in
this rulemaking is available on the
internet at https://www.regulations.gov
and upon request from the Ventura Fish
and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Authors
The primary authors of this final rule
are staff members of the Fish and
Wildlife Service’s Species Assessment
Team and the Ventura Fish and Wildlife
Office.
List of Subjects in 50 CFR Part 17
Regulation Promulgation
Accordingly, we hereby amend part
17, subchapter B of chapter I, title 50 of
the Code of Federal Regulations, as set
forth below:
PART 17—ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
1. The authority citation for part 17
continues to read as follows:
■
Authority: 16 U.S.C. 1361–1407; 1531–
1544; and 4201–4245, unless otherwise
noted.
§ 17.12
[Amended]
2. In § 17.12, amend paragraph (h) in
the List of Endangered and Threatened
Plants by removing the entries for
■
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‘‘Dudleya nesiotica’’ and ‘‘Galium
buxifolium’’ under Flowering Plants.
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023–23937 Filed 11–6–23; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 231101–0256]
RIN 0648–BM12
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic;
Amendment 52
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
implement Amendment 52 to the
Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic (FMP), as submitted by the
South Atlantic Fishery Management
Council (the Council). For golden
tilefish, this final rule revises the annual
catch limits (ACLs), commercial
longline component fishing season, and
recreational accountability measures
(AMs). For blueline tilefish, this final
rule reduces the recreational bag limit,
modifies the possession limits, and
revises the recreational AMs. In
addition, Amendment 52 updates the
acceptable biological catch (ABC),
overfishing limit (OFL), and annual
optimum yield (OY). The purpose of
this final rule and Amendment 52 is to
respond to the most recent stock
assessment for golden tilefish, and to
prevent recreational landings from
exceeding the recreational ACLs for
golden tilefish and blueline tilefish.
DATES: This final rule is effective
December 7, 2023.
ADDRESSES: Electronic copies of
Amendment 52, which includes a
fishery impact statement and a
regulatory impact review, may be
obtained from the Southeast Regional
Office website at https://www.fisheries.
noaa.gov/action/amendment-52changes-catch-levels-allocationsaccountability-measures-andmanagement.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
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Karla Gore, telephone: 727–824–5305,
or email: karla.gore@noaa.gov.
SUPPLEMENTARY INFORMATION: The South
Atlantic snapper-grouper fishery, which
includes golden tilefish and blueline
tilefish, is managed under the FMP. The
FMP was developed by the Council and
implemented through regulations at 50
CFR part 622 under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
Background
The Magnuson-Stevens Act requires
that NMFS and the regional fishery
management councils prevent
overfishing and achieve, on a
continuing basis, the 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 August 3, 2023, NMFS published
a notice of availability for Amendment
52 and requested public comment (88
FR 51255). On August 24, 2023, NMFS
published a proposed rule for
Amendment 52 and requested public
comment (88 FR 57916). NMFS
approved Amendment 52 on October
30, 2023. The proposed rule and
Amendment 52 outline the rationale for
the actions contained in this final rule.
A summary of the management
measures described in Amendment 52
and implemented by this final rule is
provided below.
All weights described in this final
rule are in gutted weight unless
otherwise specified.
The South Atlantic stock of golden
tilefish was first assessed through the
Southeast Data, Assessment, and
Review (SEDAR) process in 2004
(SEDAR 4). In response to the
assessment, the Council submitted
management measures in Amendment
13C to the FMP. The final rule to
implement Amendment 13C specified a
commercial quota for golden tilefish of
295,000 lb. (133,810 kg); a commercial
trip limit for golden tilefish of 4,000 lb
(1,814 kg), and, if 75 percent of the
quota is landed on or before September
1, then a reduction of the trip limit to
300 lb (136 kg); and a recreational bag
limit of one golden tilefish per person
per day included within the fivegrouper aggregate bag limit (71 FR
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55096, September 21, 2006). The
Council submitted sector allocations for
golden tilefish in Amendment 17B to
the FMP, allocating 97 percent of the
ACL to the commercial sector and 3
percent of the ACL to the recreational
sector. In addition, for golden tilefish,
the final rule for Amendment 17B
specified: a total ACL of 291,566 lb
(132,252 kg), a commercial ACL of
282,819 lb (128,285 kg), and a
recreational ACL of 1,578 fish;
commercial and recreational AMs; and
a longline endorsement for the
commercial component of golden
tilefish (75 FR 82280, December 30,
2010).
In 2011, a new stock assessment was
completed for golden tilefish (SEDAR 25
2011) and the Council submitted
Regulatory Amendment 12 to the FMP
in response to the assessment. In the
final rule for Regulatory Amendment 12,
the total ACL was set at 558,036 lb.
(253,121 kg), the existing allocations
were applied to revise the sector ACLs
to 541,295 lb (245,527 kg) for the
commercial sector and 3,019 fish for the
recreational sector, and the recreational
annual catch target and sector AMs were
revised (77 FR 61295, October 9, 2012).
In Amendment 18B to the FMP, the
golden tilefish commercial ACL was
divided between two commercial
fishing gear components, assigning 75
percent of the ACL to the longline
component with a 4,000 lb (1,814 kg)
trip limit and 25 percent of the ACL to
the hook-and-line component with a
500 lb (227 kg) trip limit (78 FR 23858,
April 23, 2013).
In 2016, an update to the SEDAR 25
stock assessment indicated that golden
tilefish were undergoing overfishing
(SEDAR 25 Update 2016). Following
two interim rules that took action to
reduce overfishing (83 FR 65, January 2,
2018; 83 FR 28387, June 19, 2018), the
final rule for Regulatory Amendment 28
to the FMP implemented long-term
measures that reduced the golden
tilefish ACLs. The existing allocations
were applied to revise the sector ACLs
to 331,740 lb (150,475 kg) for the
commercial sector (further divided with
75 percent to the longline component
and 25 percent to the hook-and-line
component) and 2,316 fish for the
recreational sector (83 FR 62508,
December 4, 2018).
The Council submitted Amendment
52 in response to a new stock
assessment for golden tilefish. The new
assessment, SEDAR 66, was completed
in 2020 and it indicated that the stock
was not undergoing overfishing and was
not overfished. SEDAR 66 includes
recreational landings estimates using
the Marine Recreational Information
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76697
Program (MRIP) Fishing Effort Survey
(FES) as discussed below. The revised
catch levels recommended by the
Council in Amendment 52 and in this
final rule are based on their Scientific
and Statistical Committee’s (SSC)
recommended ABC and the results of
SEDAR 66. The Council received the
results of the assessment and the SSC’s
recommendations for the OFL and ABC
at the June 2021 Council meeting.
In response to golden tilefish
commercial longline vessel fishermen’s
concerns about avoiding oversupplying
the market in the first part of January
and allowing such vessels to remain
fishing for golden tilefish during the
Lenten season when prices tend to be
relatively high, this final rule changes
the starting date of the fishing season for
the commercial longline component
from January 1st to January 15th.
For blueline tilefish managed under
the FMP, recreational landings exceeded
the recreational ACL every year from
2015–2020. Revising certain
management measures for blueline
tilefish is expected to help keep the
recreational sector within its ACL. The
most recent stock assessments for
blueline tilefish were completed in 2017
and did not indicate that the stock was
undergoing overfishing or was being
overfished.
The Council and NMFS intend that
the actions in Amendment 52 and this
final will achieve OY while minimizing,
to the extent practicable, adverse social
and economic effects.
Management Measures Contained in
This Final Rule
For golden tilefish, this final rule
revises the sector ACLs, commercial
component quotas, commercial longline
component fishing season, and
recreational AMs. For blueline tilefish,
this final rule revises the recreational
bag and possession limits and
recreational AMs.
Golden Tilefish Total ACL
As implemented through Regulatory
Amendment 28 to the FMP, the current
total ACL and annual OY for golden
tilefish are equal to the current ABC of
342,000 lb. (155,129 kg.) (83 FR 62508,
December 4, 2018). In Amendment 52,
the ABC is revised based on SEDAR 66
and the recommendation of the SSC,
and the ABC, ACL, and annual OY is set
equal to each of these values.
Amendment 52 revises the total ACL
and annual OY equal to the
recommended ABC of 435,000 lb
(197,313 kg) for 2023; 448,000 lb
(203,209 kg) for 2024; 458,000 lb
(207,745 kg) for 2025; 466,000 lb
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(211,374 kg) for 2026 and subsequent
fishing years.
year; 2,741 for the 2026 and subsequent
fishing years.
Golden Tilefish Sector Allocations and
ACLs
Amendment 52 revises the sector
allocations and this final rule revises the
sector ACLs for golden tilefish. The
current sector ACLs for golden tilefish
are based on the commercial and
recreational allocations of the total ACL
at 97 percent and 3 percent,
respectively. The current allocations are
based on the allocation formula [ACL =
((mean landings 2006–2008) * 0.5)) +
((mean landings 1986–2008) * 0.5))]
adopted by the Council in the
Comprehensive ACL Amendment to the
FMP, which considered past and
present participation (77 FR 15915,
March 16, 2012). The Council
established those allocations based on
balancing long-term catch history with
more recent catch history and believed
that approach to be a fair and equitable
method to allocate fishery resources.
The revised golden tilefish sector
allocations in Amendment 52 result in
commercial and recreational allocations
of 96.70 percent and 3.30 percent,
respectively. The revised sector
allocations were determined by
applying the allocation formula
(described above) to the recreational
MRIP FES estimates used in SEDAR 66.
Utilizing these revised recreational
estimates results in a slight shift of
allocation to the recreational sector,
with the percentages of annual catch
increasing from the current 3 percent to
the revised 3.30 percent. The limited
recreational effort for, and harvest of,
golden tilefish, were considered in
determining that allocating 3.30 percent
of the revised total ACL for golden
tilefish to the recreational sector is a fair
and equitable allocation that is
reasonably calculated to promote
conservation and does not give any
entity an excessive share of harvest
privileges based on the historical and
current harvest of golden tilefish. In
addition, this allocation division will
encourage a rational and well-managed
use of the golden tilefish resource,
which optimizes social and economic
benefits.
This final rule revises the commercial
ACLs (commercial sector hook-and-line
and longline components combined) to
420,645 lb (190,801 kg) for 2023;
433,216 lb (196,503 kg) for 2024;
442,886 lb (200,890 kg) for 2025; and
450,622 lb (204,399 kg) for the 2026 and
subsequent fishing years.
This final rule revises the recreational
ACLs (in numbers of fish) to 2,559 for
the 2023 fishing year; 2,635 for the 2024
fishing year; 2,694 for the 2025 fishing
Golden Tilefish Commercial Component
Allocations
As discussed above, the commercial
ACL is allocated between two gear
components: 25 percent is allocated to
the hook-and-line component and 75
percent to the longline component (77
FR 23858, April 23, 2013). The
allocation percentages between the
hook-and-line and longline components
were not modified in Amendment 52.
However, this final rule revises the
hook-and-line and longline component
ACLs (quotas) based on the revised
commercial ACL. The commercial hookand-line ACL is 105,161 lb (47,700 kg)
for 2023; 108,304 lb (49,126 kg) for
2024; 110,722 lb (50,223 kg) for 2025;
and 112,656 lb (51,100 kg) for 2026 and
subsequent fishing years.
The ACLs for the longline component
are 315,484 lb (143,101 kg) for 2023;
324,912 lb (147,378 kg) for 2024;
332,165 lb (150,668 kg) for 2025; and
337,967 lb (153,299 kg) for the 2026 and
subsequent fishing years.
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Golden Tilefish Commercial Longline
Component Fishing Season
This final rule changes the start date
for the fishing season for the
commercial longline component from
January 1st to January 15th. A closed
season will be established for the
commercial longline component
annually from January 1 through
January 14. Starting the commercial
season on January 15th for the longline
component will help to avoid
oversupplying the market in the first
part of January and should allow
commercial longline vessels to remain
fishing for golden tilefish during the
Lenten season when prices tend to be
relatively high.
Blueline Tilefish Recreational Bag and
Possession Limits
In August 2016, Regulatory
Amendment 25 to the FMP established
the current recreational bag limit of
three fish per person per day (81 FR
45245, July 13, 2016). As discussed
above, recreational landings for blueline
tilefish have exceeded the recreational
ACL every year from 2015–2020. This
final rule reduces the recreational bag
limit for blueline tilefish from three to
two fish per person per day to help
prevent recreational landings from
exceeding the recreational ACL in future
fishing years.
Additionally, the captain and crew of
a for-hire vessel with a valid Federal
South Atlantic Charter/Headboat
Snapper-Grouper Permit are currently
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allowed to retain bag limit quantities of
all snapper-grouper species during the
open recreational season. In addition to
reducing the recreational bag and
possession limits to two fish per person
per day, this final rule prohibits the
retention of blueline tilefish by the
captain and crew. A bag limit of two
blueline tilefish per person per day and
prohibiting retention of the bag limit by
captain and crew will result in an
overall 12.2 percent reduction in harvest
for the recreational sector. The measures
to reduce the blueline tilefish bag limit
from three to two fish per person per
day and prohibit the retention of the bag
limit by for-hire captain and crew will,
in combination, be expected to keep the
recreational landings of blueline tilefish
within the recreational ACL.
Golden Tilefish and Blueline Tilefish
Recreational AMs
This final rule also revises the
recreational AMs for golden tilefish and
blueline tilefish. The current
recreational AMs for golden tilefish
were established through the final rule
for Amendment 34 to the FMP (81 FR
3731, January 22, 2016). The current
recreational AMs for blueline tilefish
were established through the final rule
for Amendment 32 to the FMP (80 FR
16583, March 30, 2015). The current
AMs for both species include an inseason closure for the remainder of the
fishing year if recreational landings
reach or are projected to reach their
respective recreational ACL. The current
post-season AMs state that if the
recreational ACL is exceeded, then
during the following fishing year
recreational landings will be monitored
for a persistence in increased landings.
Additionally, during that following
fishing year, if the total ACL is exceeded
and the species is overfished, the length
of the recreational fishing season is
reduced and the recreational ACL is
reduced by the amount of the
recreational ACL overage.
This final rule revises the recreational
AMs for both golden tilefish and
blueline tilefish to remove the current
in-season closure if the recreational ACL
is reached or is projected to be reached,
and the post-season AM that is tied to
the overfished status of the stock. The
revised recreational AM will have
NMFS projecting the length of the
recreational season based on catch rates
from the previous fishing year to
determine when the recreational ACL
would be expected to be met. NMFS
will announce the length of the
recreational season and its ending date
annually in the Federal Register.
The current AMs are being revised
because of the delayed availability of
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recreational landings information to use
for in-season actions for species with
short fishing seasons or relatively small
amounts of fish. For blueline tilefish,
the current recreational fishing season is
4 months long, from May through
August, and the recreational ACL for
golden tilefish is 2,316 fish. In these
circumstances, the current in-season
AMs will not be effective in keeping
landings from exceeding the
recreational ACL. As previously
discussed, the recreational landings for
blueline tilefish exceeded the
recreational ACL every year from 2015–
2020. The golden tilefish recreational
ACL has also frequently been exceeded,
with the recreational sector exceeding
its ACL every year since 2010, except
for 2014 and 2017.
The current post-season recreational
AMs that would apply corrective action
for ACL overages were not being
triggered because they were tied to a
determination that the stock was
overfished, and neither blueline nor
golden tilefish is considered to be
overfished. Consequently, any overages
of the recreational ACL would be likely
to continue to occur.
In addition, the Magnuson-Stevens
Act Guidelines under National Standard
1 advise Councils to reevaluate the
system of ACLs and AMs when overages
of a stock’s ACL occur more than once
in 4 consecutive years. The purpose of
the revised AMs is to prevent
recreational landings from exceeding
the respective recreational ACLs for
both golden tilefish and blueline
tilefish. The revised recreational AMs
will be more effective at restraining
landings to the recreational ACL. For
blueline tilefish, Amendment 52 will
both modify the recreational AM and
reduce the recreational retention limit to
further ensure recreational landings will
not exceed the ACL. Amendment 52 and
this final rule do not adjust the
commercial AMs for either species.
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Management Measures in Amendment
52 Not Codified by This Final Rule
In addition to the measures within
this final rule, Amendment 52 revises
the OFL and updates other biological
reference points and revises the ABC,
OY, and sector allocations for golden
tilefish.
Golden Tilefish ABC and Annual OY
The current OFL and ABC are
inclusive of MRIP Coastal Household
Telephone Survey (CHTS) estimates of
private recreational and charter
landings. The Council’s SSC reviewed
the latest stock assessment (SEDAR 66)
and recommended new ABC levels as
determined by SEDAR 66. The
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assessment and associated ABC
recommendations incorporated the
revised estimates for recreational catch
and effort from the MRIP Access Point
Angler Intercept Survey (APAIS) and
the updated FES. MRIP began
incorporating a new survey design for
APAIS in 2013 and replaced the CHTS
with FES in 2018. Prior to the
implementation of MRIP in 2008,
recreational landings estimates were
generated using the Marine Recreational
Fisheries Statistics Survey (MRFSS). As
explained in Amendment 52, total
recreational fishing effort estimates
generated from MRIP FES are generally
higher than both the MRFSS and MRIP
CHTS estimates. This difference in
estimates is because MRIP FES is
designed to measure fishing activity
more accurately and not because there
was a sudden increase in fishing effort.
The MRIP FES is considered a more
reliable estimate of recreational effort by
the Council’s SSC, the Council, and
NMFS, and is a more robust method
when compared to the MRIP CHTS
method. The new ABC
recommendations within Amendment
52 also represent the best scientific
information available as determined by
the SSC.
The OY for golden tilefish will be
specified on an annual basis and will be
set equal to the ABC and total ACL in
accordance with the guidance provided
in the Magnuson-Stevens Act National
Standard 1 Guidelines at 50 CFR
600.310(f)(4)(iv).
Comments and Reponses
NMFS received 11 comment
submissions from individuals on the
amendment and proposed rule for
Amendment 52. Three comments were
in support of the actions in Amendment
52, and NMFS agrees with those
comments. Comments received that
were outside the scope of the actions in
Amendment 52 and the proposed rule
included comments on offshore wind
development and are not responded to
in this final rule. Comments that
opposed the actions in Amendment 52
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 revised allocation of
golden tilefish between the commercial
and recreational sector is extremely
unfair. The commercial sector receives
96.7 percent of the total allocation and
the recreational sector only receives
3.30 percent. Consideration should have
been given to allocate a greater portion
of the total ACL to the recreational
sector.
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76699
Response: NMFS disagrees that the
allocations are unfair. In the golden
tilefish fishery, the recreational sector
accounts for a fairly constant but small
portion of the harvest, given that golden
tilefish is a deep-water species that is
caught further from shore and in greater
depths than most of the other species in
the snapper grouper complex. The
actions related to golden tilefish in
Amendment 52 are responding to the
most recent stock assessment for golden
tilefish (SEDAR 66), which included the
change to MRIP estimates from CHTS
units to the new FES units. The
recreational landings estimates have
been revised to adopt the new FES
methodology, and the conversion to FES
units did not substantially change
historical recreational landings for
golden tilefish. However, with the
change of MRIP from CHTS units to FES
units, the allocation distribution
between the commercial and
recreational sectors needed to be
recalculated based on the revised units.
The allocation percentages were
previously calculated by applying the
formula: sector annual catch limit =
((mean landings 2006–2008) * 0.5)) +
((mean landings 1986–2008) * 0.5).
When the same allocation formula is
applied using the new MRIP–FES data,
the recreational allocation increases
from 3 to 3.30 percent. The Council also
considered the effects of the new catch
limits, along with estimates of the
commercial and recreational sectors’
economic impacts, as measured by fulltime equivalent jobs, income, valueadded, and sales, as part of the
allocation decision in Amendment 52.
Considering the limited recreational
effort for, and harvest of, golden tilefish,
NMFS has determined that allocating
3.30 percent of the revised total ACL for
golden tilefish to the recreational sector
is a fair and equitable allocation that is
reasonably calculated to promote
conservation, and that does not give any
entity an excessive share of harvest
privileges, based on the historical and
current harvest of golden tilefish. This
allocation division encourages a rational
and well-managed use of the golden
tilefish resource.
Comment 2: Recreational fishermen
spend a significant amount of money on
vessels, fuel, and gear to harvest golden
tilefish and this should result in a
greater allocation of the golden tilefish
total ACL to the recreational sector.
Also, a lower recreational allocation
leads to shorter recreational seasons.
Response: Although recreational
fishing expenditures are meaningful to
the estimation of economic impacts and
the distribution of those impacts
regionally and by industry, they are not,
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on their own, a measure of net economic
benefits. NMFS conducted a cost-benefit
analysis for Amendment 52 that
examined the effects of the new catch
limits and allocation and provided an
estimate of the change in net economic
benefits resulting from the actions in
Amendment 52. This information, along
with estimates of the commercial and
recreational sectors’ economic impacts,
were considered as part of the allocation
decision in Amendment 52. Further, the
recreational allocation is actually
increased by a small amount in
Amendment 52 compared to the status
quo. The selected sector allocation in
Amendment 52 is expected to generate
positive net economic benefits in the
recreational sector relative to the current
sector allocation.
As previously explained, the final
rule increases, rather than decreases, the
recreational allocation and ACL. NMFS
notes that this final rule removes the
current inseason recreational closure
based on the recreational ACL being
reached or projected to be reached.
Instead, the new recreational AM will
have NMFS annually announce the
length of the recreational fishing season
based on catch rates from the previous
season. The fishing season will start on
January 1 and end on the date NMFS
projects the recreational ACL will be
met. Within Amendment 52, this
recreational AM was determined to
provide the most biological benefits to
the stock by being the most likely to
prevent recreational ACL overages.
While the recreational season end date
for golden tilefish may shift each year,
announcing the length of the season at
the beginning of the season would allow
private anglers and for-hire businesses
to plan their activities around the
seasonal closure in advance.
Comment 3: Adequate opportunities
need to be provided for fishermen to
express their views and concerns on the
proposed actions through public
hearings, surveys, interviews, focus
groups, or other appropriate methods,
specifically with regard to sector
allocation.
Response: NMFS agrees that
opportunity for public comment is
important during the development of an
FMP amendment and specifically for
Amendment 52. At its June 2021
meeting, the Council received the
results of SEDAR 66 and the SSC’s
recommendations for the overfishing
limit and ABC. While the Council then
developed Amendment 52 during 2021
and 2022, the public had opportunities
to comment on the actions in
Amendment 52 during the Council
scoping process, during public hearings
and Snapper Grouper Advisory Panel
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15:47 Nov 06, 2023
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meetings, as well as during the Council
meetings. A summary of the public
comments received are included in
Chapter 5 of the amendment, and all
comments from the public were
reviewed by the Council prior to its
final action on Amendment 52. In
addition, NMFS has also reviewed all
public comments received on the notice
of availability for Amendment 52 that
was published in the Federal Register
on August 8, 2023, with the public
comment period open through October
2, 2023, and all public comments
received on the proposed rule for
Amendment 52 that was published in
the Federal Register on August 23,
2023, with the public comment period
open through September 25, 2023.
Therefore, consistent with the
Magnuson-Stevens Act and other
applicable law, NMFS has determined
that fishermen and other members of the
public have had numerous
opportunities to review the actions in
Amendment 52, including sector
allocations, and provide comment.
Comment 4: The rule should
incorporate the best available science on
climate change and its effects on the
snapper-grouper fishery. The Council
should develop adaptive management
strategies to cope with the uncertainty
and variability of the future climate
conditions.
Response: NMFS has determined that
Amendment 52 contains the best
scientific information available,
consistent with the Magnuson-Stevens
Act. Within Amendment 52, Chapter 6
addresses the cumulative impacts of the
actions in the amendment and includes
a summary of known or possible climate
change impacts in the South Atlantic
region. As described in Amendment 52,
climate change may impact snappergrouper species in the future, but the
level of impacts cannot be quantified at
this time, nor is the time frame known
in which these impacts would occur.
Comment 5: Amendment 52 should
revise the existing section on the social
impact assessment to include more
comprehensive and inclusive criteria
that capture the diverse values and
preferences of the fishermen and fishing
communities, including subsistence and
traditional fishermen.
Response: Data are not readily
available on values and preferences of
fishermen and fishing communities.
However, NMFS conducted a social
impact assessment using the best
scientific information available, which
is included in Amendment 52. The
social impact assessment in
Amendment 52 includes the social
environment, environmental justice,
and social effects sections of the
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Fmt 4700
Sfmt 4700
document. These sections within
Chapters 3 and 4 of Amendment 52
include a description of the social
characteristics of the fishery;
community level data on fishing
participants, community quotientfishing landings and value (i.e., the
share of each community’s landings and
ex-vessel values divided by the landings
and values for the region), local quotient
(i.e., the proportion of a community’s
commercial landings for a given species
relative to commercial landings of all
species by persons affiliated with that
community during a given time period),
fishing engagement and reliance, and
social vulnerability indicators. In
addition, within the discussion for each
specific action in Amendment 52, the
sections contain an analysis and
description of the likely social changes
due to the alternatives under
consideration along with an evaluation
of the potential social effects of the
proposed actions in comparison to the
status quo. As explained in the
Response to Comment 3, snappergrouper fishermen’s and stakeholders’
perspectives and input are gathered
through the scoping and public
comment process and were utilized in
the evaluation and determination of
social effects contained in Amendment
52. NMFS has determined that social
impact assessment in Amendment 52
meets the requirements of the
Magnuson-Stevens Act and other
applicable law.
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 52, the FMP, other
provisions of the Magnuson-Stevens
Act, the U.S. Constitution, and other
applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Magnuson-Stevens Act provides
the legal basis for this proposed rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified.
A description of this final rule, why
it is being considered, and the purpose
of this final rule are contained in the
SUMMARY and SUPPLEMENTARY
INFORMATION sections of this final rule.
The objective of this final rule is to base
conservation and management measures
for golden and blueline tilefish on the
best scientific information available and
achieve OY, consistent with the
Magnuson-Stevens Act and its National
Standards.
The Chief Counsel for Regulation of
the Department of Commerce certified
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to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
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. NMFS did not receive any
comments from SBA’s Office of
Advocacy or the public regarding the
certification in the proposed rule. As a
result, a final 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
Blueline tilefish, Commercial,
Fisheries, Fishing, Golden tilefish,
Recreational, South Atlantic.
Dated: November 1, 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)(11)
to read as follows:
■
§ 622.183
Area and seasonal closures.
*
*
*
*
(b) * * *
(11) Golden tilefish commercial
longline component. The golden tilefish
commercial longline component in or
from the South Atlantic EEZ is closed
from January 1 through January 14, each
year. During a closure, no vessel with a
valid or renewable golden tilefish
longline endorsement as described at 50
CFR 622.191(a)(2)(ii), and no person,
may fish for, harvest, or possess golden
tilefish from the South Atlantic EEZ
with longline gear on board.
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*
3. In § 622.187, add paragraph
(b)(2)(iv) to read as follows:
■
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§ 622.187
Bag and possession limits.
*
*
*
*
*
(b) * * *
(2) * * *
(iv) No more than two fish may be
blueline tilefish. However, no blueline
tilefish may be retained by the captain
or crew of a vessel operating as a charter
vessel or headboat. The bag limit for
such captain and crew is zero.
*
*
*
*
*
■ 4. In § 622.190, revise paragraph (a)(2)
to read as follows:
§ 622.190
Quotas.
*
*
*
*
*
(a) * * *
(2) Golden tilefish—(i) Commercial
sector (hook-and-line and longline
components combined). (A) For the
2023 fishing year—420,645 lb (190,801
kg).
(B) For the 2024 fishing year—433,216
lb (196,503 kg).
(C) For the 2025 fishing year—442,886
lb (200,890 kg).
(D) For the 2026 and subsequent
fishing years—450,622 lb (204,399 kg).
(ii) Hook-and-line component. (A) For
the 2023 fishing year—105,161 lb
(47,700 kg).
(B) For the 2024 fishing year—108,304
lb (49,126 kg).
(C) For the 2025 fishing year—110,722
lb (50,223 kg).
(D) For the 2026 and subsequent
fishing years—112,656 lb (51,100 kg).
(iii) Longline component. (A) For the
2023 fishing year—315,484 lb (143,101
kg).
(B) For the 2024 fishing year—324,912
lb (147,378 kg).
(C) For the 2025 fishing year—332,165
lb (150,668 kg).
(D) For the 2026 and subsequent
fishing years—337,967 lb (153,299 kg).
*
*
*
*
*
■ 5. Amend § 622.193 by revising
paragraphs (a)(1)(iii) and (a)(2), adding
paragraph (a)(3), and revising paragraph
(z)(2) to read as follows:
§ 622.193 Annual catch limits (ACLs) and
accountability measures (AMs).
(a) * * *
(1) * * *
(iii) If all commercial landings of
golden tilefish, as estimated by the SRD,
exceed the commercial ACL (including
both the hook-and-line and longline
component quotas) specified in
§ 622.190(a)(2)(i), and the combined
commercial and recreational ACL
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76701
specified in paragraph (a)(3) of this
section is exceeded during the same
fishing year, and golden tilefish are
overfished based on the most recent
Status of U.S. Fisheries Report to
Congress, the AA will file a notification
with the Office of the Federal Register
to reduce the commercial ACL for that
following fishing year by the amount of
the commercial ACL overage in the
prior fishing year.
(2) Recreational sector. The
recreational ACL for golden tilefish is
2,559 fish for the 2023 fishing year;
2,635 fish for the 2024 fishing year;
2,694 for the 2025 fishing year; 2,741
fish for the 2026 and subsequent fishing
years. NMFS will project the length of
the recreational fishing season based on
catch rates from the previous fishing
year and when NMFS projects the
recreational ACL specified in this
paragraph (a)(2) is expected to be met,
and annually announce the recreational
fishing season end date in the Federal
Register. On and after the effective date
of the recreational closure notification,
the bag and possession limit for golden
tilefish in or from the South Atlantic
EEZ is zero.
(3) Combined commercial and
recreational ACL. The combined
commercial and recreational ACL is
435,000 lb (197,313 kg), gutted weight,
for the 2023 fishing year; 448,000 lb
(203,209 kg), gutted weight, for the 2024
fishing year; 458,000 lb (207,745 kg),
gutted weight, for the 2025 fishing year;
and 466,000 lb (211,374 kg), gutted
weight, for the 2026 and subsequent
fishing years.
*
*
*
*
*
(z) * * *
(2) Recreational sector. The
recreational ACL for blueline tilefish is
116,820 lb (52,989 kg), round weight.
NMFS will project the length of the
recreational fishing season based on
catch rates from the previous fishing
year and when NMFS projects the
recreational ACL specified in this
paragraph (z)(2) is expected to be met,
and annually announce the recreational
fishing season end date in the Federal
Register. On and after the effective date
of the recreational closure notification,
the bag and possession limit for blueline
tilefish in or from the South Atlantic
EEZ is zero.
*
*
*
*
*
[FR Doc. 2023–24468 Filed 11–6–23; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Rules and Regulations]
[Pages 76696-76701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24468]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 231101-0256]
RIN 0648-BM12
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic; Amendment 52
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues regulations to implement Amendment 52 to the
Fishery Management Plan for the Snapper-Grouper Fishery of the South
Atlantic (FMP), as submitted by the South Atlantic Fishery Management
Council (the Council). For golden tilefish, this final rule revises the
annual catch limits (ACLs), commercial longline component fishing
season, and recreational accountability measures (AMs). For blueline
tilefish, this final rule reduces the recreational bag limit, modifies
the possession limits, and revises the recreational AMs. In addition,
Amendment 52 updates the acceptable biological catch (ABC), overfishing
limit (OFL), and annual optimum yield (OY). The purpose of this final
rule and Amendment 52 is to respond to the most recent stock assessment
for golden tilefish, and to prevent recreational landings from
exceeding the recreational ACLs for golden tilefish and blueline
tilefish.
DATES: This final rule is effective December 7, 2023.
ADDRESSES: Electronic copies of Amendment 52, which includes a fishery
impact statement and a regulatory impact review, may be obtained from
the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/amendment-52-changes-catch-levels-allocations-accountability-measures-and-management.
[[Page 76697]]
FOR FURTHER INFORMATION CONTACT: Karla Gore, telephone: 727-824-5305,
or email: [email protected].
SUPPLEMENTARY INFORMATION: The South Atlantic snapper-grouper fishery,
which includes golden tilefish and blueline tilefish, is managed under
the FMP. The FMP was developed by the Council and implemented through
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Background
The Magnuson-Stevens Act requires that NMFS and the regional
fishery management councils prevent overfishing and achieve, on a
continuing basis, the 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 August 3, 2023, NMFS published a notice of availability for
Amendment 52 and requested public comment (88 FR 51255). On August 24,
2023, NMFS published a proposed rule for Amendment 52 and requested
public comment (88 FR 57916). NMFS approved Amendment 52 on October 30,
2023. The proposed rule and Amendment 52 outline the rationale for the
actions contained in this final rule. A summary of the management
measures described in Amendment 52 and implemented by this final rule
is provided below.
All weights described in this final rule are in gutted weight
unless otherwise specified.
The South Atlantic stock of golden tilefish was first assessed
through the Southeast Data, Assessment, and Review (SEDAR) process in
2004 (SEDAR 4). In response to the assessment, the Council submitted
management measures in Amendment 13C to the FMP. The final rule to
implement Amendment 13C specified a commercial quota for golden
tilefish of 295,000 lb. (133,810 kg); a commercial trip limit for
golden tilefish of 4,000 lb (1,814 kg), and, if 75 percent of the quota
is landed on or before September 1, then a reduction of the trip limit
to 300 lb (136 kg); and a recreational bag limit of one golden tilefish
per person per day included within the five-grouper aggregate bag limit
(71 FR 55096, September 21, 2006). The Council submitted sector
allocations for golden tilefish in Amendment 17B to the FMP, allocating
97 percent of the ACL to the commercial sector and 3 percent of the ACL
to the recreational sector. In addition, for golden tilefish, the final
rule for Amendment 17B specified: a total ACL of 291,566 lb (132,252
kg), a commercial ACL of 282,819 lb (128,285 kg), and a recreational
ACL of 1,578 fish; commercial and recreational AMs; and a longline
endorsement for the commercial component of golden tilefish (75 FR
82280, December 30, 2010).
In 2011, a new stock assessment was completed for golden tilefish
(SEDAR 25 2011) and the Council submitted Regulatory Amendment 12 to
the FMP in response to the assessment. In the final rule for Regulatory
Amendment 12, the total ACL was set at 558,036 lb. (253,121 kg), the
existing allocations were applied to revise the sector ACLs to 541,295
lb (245,527 kg) for the commercial sector and 3,019 fish for the
recreational sector, and the recreational annual catch target and
sector AMs were revised (77 FR 61295, October 9, 2012). In Amendment
18B to the FMP, the golden tilefish commercial ACL was divided between
two commercial fishing gear components, assigning 75 percent of the ACL
to the longline component with a 4,000 lb (1,814 kg) trip limit and 25
percent of the ACL to the hook-and-line component with a 500 lb (227
kg) trip limit (78 FR 23858, April 23, 2013).
In 2016, an update to the SEDAR 25 stock assessment indicated that
golden tilefish were undergoing overfishing (SEDAR 25 Update 2016).
Following two interim rules that took action to reduce overfishing (83
FR 65, January 2, 2018; 83 FR 28387, June 19, 2018), the final rule for
Regulatory Amendment 28 to the FMP implemented long-term measures that
reduced the golden tilefish ACLs. The existing allocations were applied
to revise the sector ACLs to 331,740 lb (150,475 kg) for the commercial
sector (further divided with 75 percent to the longline component and
25 percent to the hook-and-line component) and 2,316 fish for the
recreational sector (83 FR 62508, December 4, 2018).
The Council submitted Amendment 52 in response to a new stock
assessment for golden tilefish. The new assessment, SEDAR 66, was
completed in 2020 and it indicated that the stock was not undergoing
overfishing and was not overfished. SEDAR 66 includes recreational
landings estimates using the Marine Recreational Information Program
(MRIP) Fishing Effort Survey (FES) as discussed below. The revised
catch levels recommended by the Council in Amendment 52 and in this
final rule are based on their Scientific and Statistical Committee's
(SSC) recommended ABC and the results of SEDAR 66. The Council received
the results of the assessment and the SSC's recommendations for the OFL
and ABC at the June 2021 Council meeting.
In response to golden tilefish commercial longline vessel
fishermen's concerns about avoiding oversupplying the market in the
first part of January and allowing such vessels to remain fishing for
golden tilefish during the Lenten season when prices tend to be
relatively high, this final rule changes the starting date of the
fishing season for the commercial longline component from January 1st
to January 15th.
For blueline tilefish managed under the FMP, recreational landings
exceeded the recreational ACL every year from 2015-2020. Revising
certain management measures for blueline tilefish is expected to help
keep the recreational sector within its ACL. The most recent stock
assessments for blueline tilefish were completed in 2017 and did not
indicate that the stock was undergoing overfishing or was being
overfished.
The Council and NMFS intend that the actions in Amendment 52 and
this final will achieve OY while minimizing, to the extent practicable,
adverse social and economic effects.
Management Measures Contained in This Final Rule
For golden tilefish, this final rule revises the sector ACLs,
commercial component quotas, commercial longline component fishing
season, and recreational AMs. For blueline tilefish, this final rule
revises the recreational bag and possession limits and recreational
AMs.
Golden Tilefish Total ACL
As implemented through Regulatory Amendment 28 to the FMP, the
current total ACL and annual OY for golden tilefish are equal to the
current ABC of 342,000 lb. (155,129 kg.) (83 FR 62508, December 4,
2018). In Amendment 52, the ABC is revised based on SEDAR 66 and the
recommendation of the SSC, and the ABC, ACL, and annual OY is set equal
to each of these values.
Amendment 52 revises the total ACL and annual OY equal to the
recommended ABC of 435,000 lb (197,313 kg) for 2023; 448,000 lb
(203,209 kg) for 2024; 458,000 lb (207,745 kg) for 2025; 466,000 lb
[[Page 76698]]
(211,374 kg) for 2026 and subsequent fishing years.
Golden Tilefish Sector Allocations and ACLs
Amendment 52 revises the sector allocations and this final rule
revises the sector ACLs for golden tilefish. The current sector ACLs
for golden tilefish are based on the commercial and recreational
allocations of the total ACL at 97 percent and 3 percent, respectively.
The current allocations are based on the allocation formula [ACL =
((mean landings 2006-2008) * 0.5)) + ((mean landings 1986-2008) *
0.5))] adopted by the Council in the Comprehensive ACL Amendment to the
FMP, which considered past and present participation (77 FR 15915,
March 16, 2012). The Council established those allocations based on
balancing long-term catch history with more recent catch history and
believed that approach to be a fair and equitable method to allocate
fishery resources.
The revised golden tilefish sector allocations in Amendment 52
result in commercial and recreational allocations of 96.70 percent and
3.30 percent, respectively. The revised sector allocations were
determined by applying the allocation formula (described above) to the
recreational MRIP FES estimates used in SEDAR 66. Utilizing these
revised recreational estimates results in a slight shift of allocation
to the recreational sector, with the percentages of annual catch
increasing from the current 3 percent to the revised 3.30 percent. The
limited recreational effort for, and harvest of, golden tilefish, were
considered in determining that allocating 3.30 percent of the revised
total ACL for golden tilefish to the recreational sector is a fair and
equitable allocation that is reasonably calculated to promote
conservation and does not give any entity an excessive share of harvest
privileges based on the historical and current harvest of golden
tilefish. In addition, this allocation division will encourage a
rational and well-managed use of the golden tilefish resource, which
optimizes social and economic benefits.
This final rule revises the commercial ACLs (commercial sector
hook-and-line and longline components combined) to 420,645 lb (190,801
kg) for 2023; 433,216 lb (196,503 kg) for 2024; 442,886 lb (200,890 kg)
for 2025; and 450,622 lb (204,399 kg) for the 2026 and subsequent
fishing years.
This final rule revises the recreational ACLs (in numbers of fish)
to 2,559 for the 2023 fishing year; 2,635 for the 2024 fishing year;
2,694 for the 2025 fishing year; 2,741 for the 2026 and subsequent
fishing years.
Golden Tilefish Commercial Component Allocations
As discussed above, the commercial ACL is allocated between two
gear components: 25 percent is allocated to the hook-and-line component
and 75 percent to the longline component (77 FR 23858, April 23, 2013).
The allocation percentages between the hook-and-line and longline
components were not modified in Amendment 52. However, this final rule
revises the hook-and-line and longline component ACLs (quotas) based on
the revised commercial ACL. The commercial hook-and-line ACL is 105,161
lb (47,700 kg) for 2023; 108,304 lb (49,126 kg) for 2024; 110,722 lb
(50,223 kg) for 2025; and 112,656 lb (51,100 kg) for 2026 and
subsequent fishing years.
The ACLs for the longline component are 315,484 lb (143,101 kg) for
2023; 324,912 lb (147,378 kg) for 2024; 332,165 lb (150,668 kg) for
2025; and 337,967 lb (153,299 kg) for the 2026 and subsequent fishing
years.
Golden Tilefish Commercial Longline Component Fishing Season
This final rule changes the start date for the fishing season for
the commercial longline component from January 1st to January 15th. A
closed season will be established for the commercial longline component
annually from January 1 through January 14. Starting the commercial
season on January 15th for the longline component will help to avoid
oversupplying the market in the first part of January and should allow
commercial longline vessels to remain fishing for golden tilefish
during the Lenten season when prices tend to be relatively high.
Blueline Tilefish Recreational Bag and Possession Limits
In August 2016, Regulatory Amendment 25 to the FMP established the
current recreational bag limit of three fish per person per day (81 FR
45245, July 13, 2016). As discussed above, recreational landings for
blueline tilefish have exceeded the recreational ACL every year from
2015-2020. This final rule reduces the recreational bag limit for
blueline tilefish from three to two fish per person per day to help
prevent recreational landings from exceeding the recreational ACL in
future fishing years.
Additionally, the captain and crew of a for-hire vessel with a
valid Federal South Atlantic Charter/Headboat Snapper-Grouper Permit
are currently allowed to retain bag limit quantities of all snapper-
grouper species during the open recreational season. In addition to
reducing the recreational bag and possession limits to two fish per
person per day, this final rule prohibits the retention of blueline
tilefish by the captain and crew. A bag limit of two blueline tilefish
per person per day and prohibiting retention of the bag limit by
captain and crew will result in an overall 12.2 percent reduction in
harvest for the recreational sector. The measures to reduce the
blueline tilefish bag limit from three to two fish per person per day
and prohibit the retention of the bag limit by for-hire captain and
crew will, in combination, be expected to keep the recreational
landings of blueline tilefish within the recreational ACL.
Golden Tilefish and Blueline Tilefish Recreational AMs
This final rule also revises the recreational AMs for golden
tilefish and blueline tilefish. The current recreational AMs for golden
tilefish were established through the final rule for Amendment 34 to
the FMP (81 FR 3731, January 22, 2016). The current recreational AMs
for blueline tilefish were established through the final rule for
Amendment 32 to the FMP (80 FR 16583, March 30, 2015). The current AMs
for both species include an in-season closure for the remainder of the
fishing year if recreational landings reach or are projected to reach
their respective recreational ACL. The current post-season AMs state
that if the recreational ACL is exceeded, then during the following
fishing year recreational landings will be monitored for a persistence
in increased landings. Additionally, during that following fishing
year, if the total ACL is exceeded and the species is overfished, the
length of the recreational fishing season is reduced and the
recreational ACL is reduced by the amount of the recreational ACL
overage.
This final rule revises the recreational AMs for both golden
tilefish and blueline tilefish to remove the current in-season closure
if the recreational ACL is reached or is projected to be reached, and
the post-season AM that is tied to the overfished status of the stock.
The revised recreational AM will have NMFS projecting the length of the
recreational season based on catch rates from the previous fishing year
to determine when the recreational ACL would be expected to be met.
NMFS will announce the length of the recreational season and its ending
date annually in the Federal Register.
The current AMs are being revised because of the delayed
availability of
[[Page 76699]]
recreational landings information to use for in-season actions for
species with short fishing seasons or relatively small amounts of fish.
For blueline tilefish, the current recreational fishing season is 4
months long, from May through August, and the recreational ACL for
golden tilefish is 2,316 fish. In these circumstances, the current in-
season AMs will not be effective in keeping landings from exceeding the
recreational ACL. As previously discussed, the recreational landings
for blueline tilefish exceeded the recreational ACL every year from
2015-2020. The golden tilefish recreational ACL has also frequently
been exceeded, with the recreational sector exceeding its ACL every
year since 2010, except for 2014 and 2017.
The current post-season recreational AMs that would apply
corrective action for ACL overages were not being triggered because
they were tied to a determination that the stock was overfished, and
neither blueline nor golden tilefish is considered to be overfished.
Consequently, any overages of the recreational ACL would be likely to
continue to occur.
In addition, the Magnuson-Stevens Act Guidelines under National
Standard 1 advise Councils to reevaluate the system of ACLs and AMs
when overages of a stock's ACL occur more than once in 4 consecutive
years. The purpose of the revised AMs is to prevent recreational
landings from exceeding the respective recreational ACLs for both
golden tilefish and blueline tilefish. The revised recreational AMs
will be more effective at restraining landings to the recreational ACL.
For blueline tilefish, Amendment 52 will both modify the recreational
AM and reduce the recreational retention limit to further ensure
recreational landings will not exceed the ACL. Amendment 52 and this
final rule do not adjust the commercial AMs for either species.
Management Measures in Amendment 52 Not Codified by This Final Rule
In addition to the measures within this final rule, Amendment 52
revises the OFL and updates other biological reference points and
revises the ABC, OY, and sector allocations for golden tilefish.
Golden Tilefish ABC and Annual OY
The current OFL and ABC are inclusive of MRIP Coastal Household
Telephone Survey (CHTS) estimates of private recreational and charter
landings. The Council's SSC reviewed the latest stock assessment (SEDAR
66) and recommended new ABC levels as determined by SEDAR 66. The
assessment and associated ABC recommendations incorporated the revised
estimates for recreational catch and effort from the MRIP Access Point
Angler Intercept Survey (APAIS) and the updated FES. MRIP began
incorporating a new survey design for APAIS in 2013 and replaced the
CHTS with FES in 2018. Prior to the implementation of MRIP in 2008,
recreational landings estimates were generated using the Marine
Recreational Fisheries Statistics Survey (MRFSS). As explained in
Amendment 52, total recreational fishing effort estimates generated
from MRIP FES are generally higher than both the MRFSS and MRIP CHTS
estimates. This difference in estimates is because MRIP FES is designed
to measure fishing activity more accurately and not because there was a
sudden increase in fishing effort. The MRIP FES is considered a more
reliable estimate of recreational effort by the Council's SSC, the
Council, and NMFS, and is a more robust method when compared to the
MRIP CHTS method. The new ABC recommendations within Amendment 52 also
represent the best scientific information available as determined by
the SSC.
The OY for golden tilefish will be specified on an annual basis and
will be set equal to the ABC and total ACL in accordance with the
guidance provided in the Magnuson-Stevens Act National Standard 1
Guidelines at 50 CFR 600.310(f)(4)(iv).
Comments and Reponses
NMFS received 11 comment submissions from individuals on the
amendment and proposed rule for Amendment 52. Three comments were in
support of the actions in Amendment 52, and NMFS agrees with those
comments. Comments received that were outside the scope of the actions
in Amendment 52 and the proposed rule included comments on offshore
wind development and are not responded to in this final rule. Comments
that opposed the actions in Amendment 52 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 revised allocation of golden tilefish between the
commercial and recreational sector is extremely unfair. The commercial
sector receives 96.7 percent of the total allocation and the
recreational sector only receives 3.30 percent. Consideration should
have been given to allocate a greater portion of the total ACL to the
recreational sector.
Response: NMFS disagrees that the allocations are unfair. In the
golden tilefish fishery, the recreational sector accounts for a fairly
constant but small portion of the harvest, given that golden tilefish
is a deep-water species that is caught further from shore and in
greater depths than most of the other species in the snapper grouper
complex. The actions related to golden tilefish in Amendment 52 are
responding to the most recent stock assessment for golden tilefish
(SEDAR 66), which included the change to MRIP estimates from CHTS units
to the new FES units. The recreational landings estimates have been
revised to adopt the new FES methodology, and the conversion to FES
units did not substantially change historical recreational landings for
golden tilefish. However, with the change of MRIP from CHTS units to
FES units, the allocation distribution between the commercial and
recreational sectors needed to be recalculated based on the revised
units. The allocation percentages were previously calculated by
applying the formula: sector annual catch limit = ((mean landings 2006-
2008) * 0.5)) + ((mean landings 1986-2008) * 0.5). When the same
allocation formula is applied using the new MRIP-FES data, the
recreational allocation increases from 3 to 3.30 percent. The Council
also considered the effects of the new catch limits, along with
estimates of the commercial and recreational sectors' economic impacts,
as measured by full-time equivalent jobs, income, value-added, and
sales, as part of the allocation decision in Amendment 52. Considering
the limited recreational effort for, and harvest of, golden tilefish,
NMFS has determined that allocating 3.30 percent of the revised total
ACL for golden tilefish to the recreational sector is a fair and
equitable allocation that is reasonably calculated to promote
conservation, and that does not give any entity an excessive share of
harvest privileges, based on the historical and current harvest of
golden tilefish. This allocation division encourages a rational and
well-managed use of the golden tilefish resource.
Comment 2: Recreational fishermen spend a significant amount of
money on vessels, fuel, and gear to harvest golden tilefish and this
should result in a greater allocation of the golden tilefish total ACL
to the recreational sector. Also, a lower recreational allocation leads
to shorter recreational seasons.
Response: Although recreational fishing expenditures are meaningful
to the estimation of economic impacts and the distribution of those
impacts regionally and by industry, they are not,
[[Page 76700]]
on their own, a measure of net economic benefits. NMFS conducted a
cost-benefit analysis for Amendment 52 that examined the effects of the
new catch limits and allocation and provided an estimate of the change
in net economic benefits resulting from the actions in Amendment 52.
This information, along with estimates of the commercial and
recreational sectors' economic impacts, were considered as part of the
allocation decision in Amendment 52. Further, the recreational
allocation is actually increased by a small amount in Amendment 52
compared to the status quo. The selected sector allocation in Amendment
52 is expected to generate positive net economic benefits in the
recreational sector relative to the current sector allocation.
As previously explained, the final rule increases, rather than
decreases, the recreational allocation and ACL. NMFS notes that this
final rule removes the current inseason recreational closure based on
the recreational ACL being reached or projected to be reached. Instead,
the new recreational AM will have NMFS annually announce the length of
the recreational fishing season based on catch rates from the previous
season. The fishing season will start on January 1 and end on the date
NMFS projects the recreational ACL will be met. Within Amendment 52,
this recreational AM was determined to provide the most biological
benefits to the stock by being the most likely to prevent recreational
ACL overages. While the recreational season end date for golden
tilefish may shift each year, announcing the length of the season at
the beginning of the season would allow private anglers and for-hire
businesses to plan their activities around the seasonal closure in
advance.
Comment 3: Adequate opportunities need to be provided for fishermen
to express their views and concerns on the proposed actions through
public hearings, surveys, interviews, focus groups, or other
appropriate methods, specifically with regard to sector allocation.
Response: NMFS agrees that opportunity for public comment is
important during the development of an FMP amendment and specifically
for Amendment 52. At its June 2021 meeting, the Council received the
results of SEDAR 66 and the SSC's recommendations for the overfishing
limit and ABC. While the Council then developed Amendment 52 during
2021 and 2022, the public had opportunities to comment on the actions
in Amendment 52 during the Council scoping process, during public
hearings and Snapper Grouper Advisory Panel meetings, as well as during
the Council meetings. A summary of the public comments received are
included in Chapter 5 of the amendment, and all comments from the
public were reviewed by the Council prior to its final action on
Amendment 52. In addition, NMFS has also reviewed all public comments
received on the notice of availability for Amendment 52 that was
published in the Federal Register on August 8, 2023, with the public
comment period open through October 2, 2023, and all public comments
received on the proposed rule for Amendment 52 that was published in
the Federal Register on August 23, 2023, with the public comment period
open through September 25, 2023.
Therefore, consistent with the Magnuson-Stevens Act and other
applicable law, NMFS has determined that fishermen and other members of
the public have had numerous opportunities to review the actions in
Amendment 52, including sector allocations, and provide comment.
Comment 4: The rule should incorporate the best available science
on climate change and its effects on the snapper-grouper fishery. The
Council should develop adaptive management strategies to cope with the
uncertainty and variability of the future climate conditions.
Response: NMFS has determined that Amendment 52 contains the best
scientific information available, consistent with the Magnuson-Stevens
Act. Within Amendment 52, Chapter 6 addresses the cumulative impacts of
the actions in the amendment and includes a summary of known or
possible climate change impacts in the South Atlantic region. As
described in Amendment 52, climate change may impact snapper-grouper
species in the future, but the level of impacts cannot be quantified at
this time, nor is the time frame known in which these impacts would
occur.
Comment 5: Amendment 52 should revise the existing section on the
social impact assessment to include more comprehensive and inclusive
criteria that capture the diverse values and preferences of the
fishermen and fishing communities, including subsistence and
traditional fishermen.
Response: Data are not readily available on values and preferences
of fishermen and fishing communities. However, NMFS conducted a social
impact assessment using the best scientific information available,
which is included in Amendment 52. The social impact assessment in
Amendment 52 includes the social environment, environmental justice,
and social effects sections of the document. These sections within
Chapters 3 and 4 of Amendment 52 include a description of the social
characteristics of the fishery; community level data on fishing
participants, community quotient-fishing landings and value (i.e., the
share of each community's landings and ex-vessel values divided by the
landings and values for the region), local quotient (i.e., the
proportion of a community's commercial landings for a given species
relative to commercial landings of all species by persons affiliated
with that community during a given time period), fishing engagement and
reliance, and social vulnerability indicators. In addition, within the
discussion for each specific action in Amendment 52, the sections
contain an analysis and description of the likely social changes due to
the alternatives under consideration along with an evaluation of the
potential social effects of the proposed actions in comparison to the
status quo. As explained in the Response to Comment 3, snapper-grouper
fishermen's and stakeholders' perspectives and input are gathered
through the scoping and public comment process and were utilized in the
evaluation and determination of social effects contained in Amendment
52. NMFS has determined that social impact assessment in Amendment 52
meets the requirements of the Magnuson-Stevens Act and other applicable
law.
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 52, the FMP, other provisions of the
Magnuson-Stevens Act, the U.S. Constitution, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the legal basis for this proposed
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified.
A description of this final rule, why it is being considered, and
the purpose of this final rule are contained in the SUMMARY and
SUPPLEMENTARY INFORMATION sections of this final rule. The objective of
this final rule is to base conservation and management measures for
golden and blueline tilefish on the best scientific information
available and achieve OY, consistent with the Magnuson-Stevens Act and
its National Standards.
The Chief Counsel for Regulation of the Department of Commerce
certified
[[Page 76701]]
to the Chief Counsel for Advocacy of the Small Business Administration
(SBA) 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. NMFS did not receive any comments from
SBA's Office of Advocacy or the public regarding the certification in
the proposed rule. As a result, a final 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
Blueline tilefish, Commercial, Fisheries, Fishing, Golden tilefish,
Recreational, South Atlantic.
Dated: November 1, 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)(11) to read as follows:
Sec. 622.183 Area and seasonal closures.
* * * * *
(b) * * *
(11) Golden tilefish commercial longline component. The golden
tilefish commercial longline component in or from the South Atlantic
EEZ is closed from January 1 through January 14, each year. During a
closure, no vessel with a valid or renewable golden tilefish longline
endorsement as described at 50 CFR 622.191(a)(2)(ii), and no person,
may fish for, harvest, or possess golden tilefish from the South
Atlantic EEZ with longline gear on board.
0
3. In Sec. 622.187, add paragraph (b)(2)(iv) to read as follows:
Sec. 622.187 Bag and possession limits.
* * * * *
(b) * * *
(2) * * *
(iv) No more than two fish may be blueline tilefish. However, no
blueline tilefish may be retained by the captain or crew of a vessel
operating as a charter vessel or headboat. The bag limit for such
captain and crew is zero.
* * * * *
0
4. In Sec. 622.190, revise paragraph (a)(2) to read as follows:
Sec. 622.190 Quotas.
* * * * *
(a) * * *
(2) Golden tilefish--(i) Commercial sector (hook-and-line and
longline components combined). (A) For the 2023 fishing year--420,645
lb (190,801 kg).
(B) For the 2024 fishing year--433,216 lb (196,503 kg).
(C) For the 2025 fishing year--442,886 lb (200,890 kg).
(D) For the 2026 and subsequent fishing years--450,622 lb (204,399
kg).
(ii) Hook-and-line component. (A) For the 2023 fishing year--
105,161 lb (47,700 kg).
(B) For the 2024 fishing year--108,304 lb (49,126 kg).
(C) For the 2025 fishing year--110,722 lb (50,223 kg).
(D) For the 2026 and subsequent fishing years--112,656 lb (51,100
kg).
(iii) Longline component. (A) For the 2023 fishing year--315,484 lb
(143,101 kg).
(B) For the 2024 fishing year--324,912 lb (147,378 kg).
(C) For the 2025 fishing year--332,165 lb (150,668 kg).
(D) For the 2026 and subsequent fishing years--337,967 lb (153,299
kg).
* * * * *
0
5. Amend Sec. 622.193 by revising paragraphs (a)(1)(iii) and (a)(2),
adding paragraph (a)(3), and revising paragraph (z)(2) to read as
follows:
Sec. 622.193 Annual catch limits (ACLs) and accountability measures
(AMs).
(a) * * *
(1) * * *
(iii) If all commercial landings of golden tilefish, as estimated
by the SRD, exceed the commercial ACL (including both the hook-and-line
and longline component quotas) specified in Sec. 622.190(a)(2)(i), and
the combined commercial and recreational ACL specified in paragraph
(a)(3) of this section is exceeded during the same fishing year, and
golden tilefish are overfished based on the most recent Status of U.S.
Fisheries Report to Congress, the AA will file a notification with the
Office of the Federal Register to reduce the commercial ACL for that
following fishing year by the amount of the commercial ACL overage in
the prior fishing year.
(2) Recreational sector. The recreational ACL for golden tilefish
is 2,559 fish for the 2023 fishing year; 2,635 fish for the 2024
fishing year; 2,694 for the 2025 fishing year; 2,741 fish for the 2026
and subsequent fishing years. NMFS will project the length of the
recreational fishing season based on catch rates from the previous
fishing year and when NMFS projects the recreational ACL specified in
this paragraph (a)(2) is expected to be met, and annually announce the
recreational fishing season end date in the Federal Register. On and
after the effective date of the recreational closure notification, the
bag and possession limit for golden tilefish in or from the South
Atlantic EEZ is zero.
(3) Combined commercial and recreational ACL. The combined
commercial and recreational ACL is 435,000 lb (197,313 kg), gutted
weight, for the 2023 fishing year; 448,000 lb (203,209 kg), gutted
weight, for the 2024 fishing year; 458,000 lb (207,745 kg), gutted
weight, for the 2025 fishing year; and 466,000 lb (211,374 kg), gutted
weight, for the 2026 and subsequent fishing years.
* * * * *
(z) * * *
(2) Recreational sector. The recreational ACL for blueline tilefish
is 116,820 lb (52,989 kg), round weight. NMFS will project the length
of the recreational fishing season based on catch rates from the
previous fishing year and when NMFS projects the recreational ACL
specified in this paragraph (z)(2) is expected to be met, and annually
announce the recreational fishing season end date in the Federal
Register. On and after the effective date of the recreational closure
notification, the bag and possession limit for blueline tilefish in or
from the South Atlantic EEZ is zero.
* * * * *
[FR Doc. 2023-24468 Filed 11-6-23; 8:45 am]
BILLING CODE 3510-22-P
