Snapper-Grouper Fishery of the South Atlantic Region; Golden Crab Fishery of the South Atlantic Region; Dolphin and Wahoo Fishery of the Atlantic; Acceptable Biological Catch Control Rules, 271-276 [2023-28906]
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Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations
(OEA) to modify the template and
instructions for the most recent data
collection to the extent appropriate to
timely collect such information to cover
the additional services and providers
now subject to the Commission’s
authority. On April 28, 2023, WCB and
OEA issued a Public Notice seeking
comment on all aspects of the proposed
data collection. WCB and OEA Seek
Comment on Proposed 2023 Mandatory
Data Collection for Incarcerated
People’s Communication Services, WC
Docket Nos. 23–62, 12–375, Public
Notice, DA 23–355 (WCB/OEA April 28,
2023). On July 26, 2023, WCB and OEA
released an Order adopting instructions,
a reporting template, and a certification
form to implement the 2023 Mandatory
Data Collection. Incarcerated People’s
Communications Services;
Implementation of the Martha WrightReed Act, Rates for Interstate Inmate
Calling Services, WC Docket Nos. 23–62,
12–375, Order, DA 23–638 (July 26,
2023). In the 2023 IPCS Order, the
Commission also reaffirmed and
updated its prior delegation of authority
to WCB and the Consumer and
Governmental Affairs Bureau (CGB)
(collectively, the Bureaus) to revise the
instructions and reporting templates for
the Annual Reports. Specifically, the
Commission delegated to the Bureaus
the authority to modify, supplement,
and update the instructions and
templates for the Annual Reports.
On August 3, 2023, the Bureaus
issued a Public Notice seeking comment
on proposed revisions to the
instructions, template, and certification
form for the Annual Reports, https://
www.fcc.gov/proposed-2023-ipcsannual-reports, which are necessary to
reflect the revised rules improving
access to communications services for
incarcerated people with
communication disabilities adopted in
the 2022 ICS Order and to help
implement the Martha Wright-Reed Act
to ensure just and reasonable rates for
consumers and fair compensation for
providers. Wireline Competition Bureau
and Consumer and Governmental
Affairs Bureau Seek Comment on
Revisions to IPCS Providers’ Annual
Reporting and Certification
Requirements, Public Notice, WC
Docket Nos. 23–62, 12–375, DA 23–656
(August 3, 2023). https://www.fcc.gov/
document/2023-incarcerated-peoplescommunications-services-annualreports-pn. Notice of this document was
published in the Federal Register at 88
FR 53850 on August 9, 2023.
The Bureaus have not yet issued an
Order adopting revisions to the
instructions, template, and certification
form for the Annual Reports. To
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effectuate the improved access to
communications services for
incarcerated people with
communication disabilities required by
§ 64.6040(c) of the Commission’s rules,
the Bureaus divided the information
requirements and burdens of this
information collection into two PRA
submissions to OMB, with the first
seeking approval of the new information
requirements associated with
§ 64.6040(c) of the Commission’s rules.
OMB approved the revised information
collection on December 14, 2023. Upon
release of an Order adopting revisions to
the instructions, template, and
certification form for the Annual
Reports, the Bureaus will seek OMB
approval of any revised information
requirements adopted in that Order, as
well as the new information
requirements in § 64.6060(a)(5) through
(7), which expands the rule requiring
the filing of Annual Reports to include
additional data related to access to
communications services for
incarcerated people with
communication disabilities.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2023–28765 Filed 1–2–24; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 231222–0315]
RIN 0648–BL98
Snapper-Grouper Fishery of the South
Atlantic Region; Golden Crab Fishery
of the South Atlantic Region; Dolphin
and Wahoo Fishery of the Atlantic;
Acceptable Biological Catch Control
Rules
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
implement amendments to the Fishery
Management Plans (FMPs) for the
Snapper-Grouper Fishery, the Golden
Crab Fishery, and the Dolphin and
Wahoo Fishery, referenced here as the
Acceptable Biological Catch (ABC)
Control Rule Amendments. This final
rule modifies the ABC control rules,
allows the phase-in of subsequent ABC
SUMMARY:
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271
changes, allows some carry-over of an
unharvested portion of the annual catch
limit (ACL) to the following fishing
year, and modifies the FMP framework
procedures to implement carry-overs of
ACLs when appropriate. NMFS also
implements an administrative
clarification to existing regulations for
the Snapper-Grouper FMP framework
procedure. The purpose of this final rule
is to ensure catch level
recommendations are based on the best
scientific information available, prevent
overfishing while achieving optimum
yield, and increase flexibility in setting
catch limits.
DATES: This final rule is effective
February 2, 2024.
ADDRESSES: An electronic copy of the
ABC Control Rule Amendments, which
includes an environmental assessment,
a fishery impact statement, and a
regulatory impact review, may be
obtained from the NMFS Southeast
Regional Office website at https://
www.fisheries.noaa.gov/action/
comprehensive-acceptable-biologicalcatch-abc-control-rule-amendmentrevisions-abc-control.
FOR FURTHER INFORMATION CONTACT:
Nikhil Mehta, telephone: 727–824–
5305, or email: nikhil.mehta@noaa.gov.
SUPPLEMENTARY INFORMATION: The South
Atlantic snapper-grouper and golden
crab fisheries are managed under the
Snapper-Grouper FMP and Golden Crab
FMP, respectively. The dolphin and
wahoo fishery of the Atlantic is
managed under the Dolphin and Wahoo
FMP. These 3 FMPs were prepared by
the South Atlantic Fishery Management
Council (Council) and are 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). The Council
has developed, and NMFS has
approved, the Comprehensive
Acceptable Biological Catch Control
Rule Amendment: Revisions to the
Acceptable Biological Catch Control
Rules and Specifications for Carry-Overs
and Phase-Ins. The Council document is
composed of Amendment 45 to the
Snapper-Grouper FMP, Amendment 11
to the Golden Crab FMP, and
Amendment 11 to the Dolphin and
Wahoo FMP.
Background
The Magnuson-Stevens Act requires
that NMFS and the regional fishery
management councils prevent
overfishing and achieve, on a
continuing basis, the optimum yield
from federally managed fish stocks.
These mandates are intended to ensure
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Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations
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. The Council and NMFS
manage snapper-grouper species and
golden crab in Federal waters from
North Carolina south to the Florida
Keys. The Council and NMFS manage
the dolphin and wahoo fishery in
Federal waters from Maine south to the
Florida Keys.
The Magnuson-Stevens Act requires
the Secretary to approve, disapprove, or
partially approve fishery management
plan amendments and issue regulations
necessary to implement them (16 U.S.C.
1854(a)). On September 11, 2023, NMFS
published a notice of availability for the
ABC Control Rule Amendments and
requested public comment (88 FR
62309). On October 2, 2023, NMFS
published a proposed rule for the ABC
Control Rule Amendments and
requested public comment (88 FR
67721). NMFS approved the ABC
Control Rule Amendments on December
8, 2023. The proposed rule and the ABC
Control Rule Amendments detail the
rationale for the actions contained in
this final rule and is not all repeated
here. This final rule (1) provides notice
of approval of the ABC Control Rule
Amendments and (2) makes minor
changes to regulatory text to implement
those amendments to the FMPs. A
summary of the management measures
described in the ABC Control Rule
Amendments and implemented by this
final rule is provided below.
The Council’s Scientific and
Statistical Committee (SSC) will use the
ABC control rules described in the ABC
Control Rule Amendments and
implemented by this final rule to
recommend future ABC levels to the
Council. The ABC control rules use
uncertainty and risk ranking traits to
determine the acceptable risk of
overfishing. The ABC control rule is the
method by which the ABC for a stock
is set, ideally based on an overfishing
limit (OFL) from a stock assessment but
at times established using more datalimited methodologies. The acceptable
risk of overfishing is denoted as P-Star
(P*) and is applied through stock
assessment projections to develop the
SSC’s ABC recommendation to the
Council.
In October 2016, NMFS published a
final rule to revise the guidelines for
National Standard 1 (NS1) of the
Magnuson-Stevens Act (81 FR 71858,
October 18, 2016). NS1 states that
fishery conservation and management
measures shall prevent overfishing
while achieving, on a continuing basis,
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the optimum yield from each fishery for
the United States fishing industry. One
of the objectives of the 2016 NS1
revisions was to provide additional
flexibility within current statutory
limits to address fishery management
issues. For example, the revised NS1
guidelines allow for changes in catch
limits to be phased in over time. A
similar ‘‘phase-in’’ provision is included
in the ABC Control Rule Amendments
and this final rule. The revised
guidelines also allow for some of the
unused portion of an ACL to be carried
over from a single fishing year to the
next, which is also described as ‘‘carryover’’ in this final rule.
The ABC Control Rule Amendments
incorporate carry-over and phase-in
provisions by modifying the existing
ABC control rules for the SnapperGrouper, Golden Crab, and Dolphin and
Wahoo FMPs by clarifying the
incorporation of scientific uncertainty
and management risk, modifying the
approach used to determine the
acceptable risk of overfishing, and
prioritizing the use of stock rebuilding
plans for overfished stocks.
Management Measure Contained in
This Final Rule
Modify Framework Procedures
The ABC Control Rule Amendments
and this final rule will modify the
framework procedures in the SnapperGrouper, Golden Crab, and Dolphin and
Wahoo FMPs to allow for the future
transfer, if pre-qualifying criteria are
met, of an unharvested portion of a
stock, total, or sector-specific ACL to the
following fishing year (details are
described in the Allow Carry-Over of
Unharvested Portion of ACLs section of
this final rule).
The revised FMP framework
procedures implemented by this final
rule will allow for the potential carryover of an ACL in future management
actions. Before NMFS can implement an
ACL carry-over, other preceding steps
by the Council, SSC, and NMFS must
occur.
First, a future stock assessment must
be conducted to determine if a species
is eligible for carry-over and specify the
appropriate catch level based on the
criteria contained in the applicable ABC
control rule. Then, the SSC would
determine and recommend an ABC to
the Council and the Council would
develop an FMP amendment or
framework action for the species that
includes the option of ACL carry-over.
If the related rulemaking was
implemented by NMFS, then that
species would be eligible for future
carry-over through a subsequent action
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under the abbreviated framework
procedures described in this final rule.
To support potential carry-over
justification, a Term of Reference will be
added to each future stock assessment to
project the maximum amount of
landings beyond the ABC that could be
carried over in 1 year while not
resulting in overfishing or the stock
becoming overfished within the
projection period.
When the Council develops a
subsequent fishery management action
in response to a stock assessment to
specify or revise an ABC and ACL for
a stock or sector, the Council will
determine whether carry-over will be
authorized if annual conditions cause a
stock ACL or sector ACL to qualify for
carry-over. In doing so, the Council will
consider the potential need for, and
benefits of, carry-over for a stock that
could become eligible according to
criteria specified in the ABC control
rule. The Council will also consider the
duration of time when the specified
ABC and ACL are effective. An FMP
amendment or framework action that
specifies carry-over for a stock or sector
will include analysis of the relevant
biological, economic, and social
information necessary to meet the
criteria and guidance of the ABC control
rule.
Following the conclusion of each
fishing year, Council staff will notify the
Council if any stocks and sectors for
which carry-over is approved qualify
based on the previous year’s landings,
including preliminary landings
estimates from the previous year if those
landings data are not yet finalized. If a
stock or sector qualifies for carry-over
according to specifications of the ABC
recommended by the SSC and annual
landings meet criteria specified in the
ABC control rule, NMFS will implement
carry-over of eligible landings from the
previous year via a temporary rule
published in the Federal Register
through the existing FMP framework
procedure and rulemaking process.
The ACL carry-over procedure for
eligible fish stocks or fishery sectors
generally will not require additional
advisory panel (AP) input or SSC
recommendation, because input
relevant to an ABC being approved with
potential for ACL carry-over will be part
of the prior development process for the
FMP amendment or framework in
which the ABC and ACL for a stock or
sector are already specified. Application
of the carry-over procedure is expected
to be routine and formulaic.
The NMFS Regional Administrator
(RA) will review any Council
recommendations for carry-over and
supporting information. If the RA
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concurs that the Council’s
recommendations are consistent with
the objectives of the applicable FMP, the
Magnuson-Stevens Act, and all other
applicable law, the RA will be
authorized to implement the Council’s
proposed action through publication of
appropriate notification in the Federal
Register.
If the Council chooses to deviate from
the criteria and guidance of the ABC
control rules, this abbreviated process
will not apply.
Further details of the process can be
found in section 2.4.1 and Appendix J
of the ABC Control Rule Amendments.
An example of the carry-over can be
found in Appendix H of the ABC
Control Rule Amendments.
The new process will allow ACL
carry-overs to occur in a more timely
manner than that of an FMP amendment
or framework action. A faster process is
necessary due to the year-to-year nature
of carry-overs. Under-harvest of an ACL
may only be carried over in the
immediate next year. Therefore,
defining a stock’s eligibility and the
amount of ACL being carried over must
occur quickly enough such that the
fishery has time to harvest the carried
over amount within the fishing year
following a year of under-harvest. The
process also provides the Council
discretion in determining whether
carry-over should be applied to a
potentially eligible stock when setting
the ABC and ACL.
It is important to note that this final
rule will not change current ABCs or
ACLs for any species managed under
the FMPs affected by the ABC Control
Rule Amendments. This rule makes no
other substantive changes to the current
framework procedures in the SnapperGrouper, Golden Crab, and Dolphin and
Wahoo FMPs.
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Management Measures in the ABC
Control Rule Amendments Not Codified
by This Final Rule
In addition to the regulatory language
within this final rule, the ABC Control
Rule Amendments contain more
specific provisions that modify the ABC
control rules, allow the phasing in of
ABC changes, and allow carry-over of
unharvested portion of the ACL, for
Snapper-Grouper, Golden Crab, and
Dolphin and Wahoo FMPs.
Modify the ABC Control Rules
The ABC Control Rule Amendments
will modify the ABC control rules for
the Snapper-Grouper, Golden Crab, and
Dolphin and Wahoo FMPs by
categorizing stocks based on the
available information, scientific
uncertainty evaluation, and
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incorporation of the Council’s risk
tolerance policy through an accepted
P*. The Council will specify the P*
based on relative stock biomass and a
stock risk rating. When possible, the
SSC will determine the OFL and
characterize its uncertainty based
primarily on the stock assessment and
secondarily on the SSC’s expert
opinion. The SSC will then use the OFL
and its uncertainty to derive and
recommend the ABC to the Council,
based on the risk tolerance specified by
the Council. The detailed step-by-step
procedure detailing how the ABC is
derived for assessed stocks can be found
in section 2.1.1 of the ABC Control Rule
Amendments. ABC for unassessed
stocks will be recommended by the SSC
based on applicable data-limited
methods. Unassessed stocks will be
assigned the moderate biomass level
unless there is a recommendation from
the SSC that justifies assignment of a
different level. For overfished stocks,
the Council will specify a stock
rebuilding plan, considering
recommendations from the SSC and the
AP of the respective FMP. The ABC
enacted while the rebuilding plan is in
effect will be based on
recommendations from the Council’s
SSC. The probability of success for
rebuilding plans (1 minus P*) will be at
least 50 percent. Control rule categories
for assessments are described in detail
in Table 2.1.1.2 of the ABC Control Rule
Amendments.
In summary, four categories in the
revised ABC control rules will facilitate
an ABC determination based on
scientific uncertainty and SSC guidance.
The Council, with advice from the SSC
and AP, will evaluate management risk
for each stock through a stock risk
rating. Stock risk ratings include
information already used in the
productivity and susceptibility analysis
(PSA), but also incorporate socioeconomic (for example, potential for
discard losses, annual commercial
value, recreational desirability, etc.) and
environmental attributes (for example,
climate change) (see Appendix E of the
ABC Control Rule Amendments for
more details). These recommendations
will be revisited when new information
becomes available (for example, a new
stock assessment). The Council will
then specify the risk rating as low,
medium, or high risk of overfishing. A
higher risk of overfishing will indicate
that risk tolerance (i.e., the accepted
probability of overfishing) should be
lower. These stock risk ratings, along
with relative biomass levels, will be
used to determine the Council’s default
risk tolerance for each stock. Default P*
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values based on relative biomass and
stock risk rating are shown in Table
2.1.1.3 of the ABC Control Rule
Amendments. As an example, a stock
with high biomass and medium stock
risk rating will have a P* of 45 percent.
This will be lower than the OFL, in
accordance with Magnuson-Stevens Act.
The SSC can recommend the Council
reconsider the stock risk rating. This
could happen, for example, with the
emergence of new scientific studies or
new information discovered through a
stock assessment.
The modified ABC control rules will
also allow the Council to deviate, to a
greater or lesser amount, from the
default accepted probability of
overfishing by up to 10 percent for an
individual stock, based on its expert
judgment, new information, or
recommendations by the SSC or other
expert advisors. Accepted probability of
overfishing may not exceed 50 percent.
Using a 50 percent probability of
overfishing implies negligible scientific
uncertainty and sets OFL equal to ABC.
At P* equals 0.50, removals above ABC
caused by deviations in biological
parameters (for example, natural
mortality (M), recruitment) could cause
an overfishing determination and delay
rebuilding plans. Therefore, adjusting
P* above the value recommended by the
SSC will be infrequent and well
justified based on new scientific
understanding and the Council’s risk
tolerance. Additionally, when requested
by the Council, the SSC will
recommend the ABC for up to 5 years
as both a constant value across years
and as individual annual values for the
same period of years. These options
provide more flexibility to both the
Council and SSC in the ABC
determination.
The ABC Control Rule Amendments
does not change the current ABC levels
for any species managed under the
Snapper-Grouper, Golden Crab, and
Dolphin and Wahoo FMPs. Modifying
the ABC control rules as specified will
give the SSC the ability to recommend
adjusting or deriving uncertainty of
future assessment results (ultimately
impacting projections of future catch) if
they determine uncertainty is not
adequately estimated through
information used in the assessment.
Evaluation of risk tolerance will also be
improved by considering factors beyond
the current PSA and expanding the
range of reference points used to
describe and incorporate relative
biomass. For unassessed stocks, the
modifications will expand the number
of methods that could be considered for
estimating OFL and ABC. The addition
of economic factors in the ABC control
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rules will allow the Council to better
consider the long-term economic
implications when examining
management risk, which could lead to
better economic outcomes and increase
net economic benefits in a fishery for a
given species. The inclusion of social
factors in the ABC control rules will
allow the Council to directly consider
the importance of a given species to
fishing communities and businesses
when determining risk tolerance and
will have long-term social benefits in
the form of a more appropriate ABC.
Allow the Phase-In of ABC Changes
Currently, the phase-in of ABC
changes is not allowed in the SnapperGrouper, Golden Crab, and Dolphin and
Wahoo FMPs. The ABC Control Rule
Amendments will establish criteria
specifying when the phase-in of ABC
changes will be allowed and specify the
approach for the phase-in of ABC
changes.
The ABC Control Rule Amendments
will allow the phase-in of increases to
ABC as specified by the Council, with
advice from the SSC and AP. Increases
to ABC (assuming the presence of
comparable data between assessments)
are generally indicative of an increase in
relative biomass and improving stock
condition. The revised approach in the
ABC Control Rule Amendments allows
greater consideration of ecological,
social, and economic effects of an
increased ABC, and increased flexibility
in how that change can be implemented.
Because ABCs during an increasing
phase-in will be less than those initially
recommended by the SSC, the phase-in
period is not limited (i.e., it can exceed
the maximum timeframe specified for
the phase-in decreases). The Council
may specify ABC to be less than the
SSC’s recommended ABC, but it may
not exceed the SSC’s recommendation.
Phasing in an ABC increase will set
ABC below the SSC’s recommendation.
If the phase-in is included in projections
used to develop the SSC’s ABC
recommendation, there also may be an
increase to the recommended long-term
ABC (i.e., the ABC that persists after the
phase-in is complete). Thus, phasing in
increases to ABC over a longer time
period could result in a greater increase
to long-term ABC, and phasing in
increases over a shorter period could
result in a smaller increase to long-term
ABC.
The ABC Control Rule Amendments
will allow the phase-in of decreases to
ABC when a new ABC is less than 80
percent of the existing ABC, and over a
period not to exceed 3 years, which is
the maximum phase-in period allowed
by the NS1 guidelines. The criterion
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requiring a minimum threshold of
difference between the current and new
ABCs to be 20 percent defines a
significant enough change to merit
phasing in the change and is more
flexible than other minimum threshold
levels considered in the ABC Control
Rule Amendments. The Council will
consider whether to apply a phase-in on
a case-by-case basis when specifying a
stock ABC through an FMP amendment
after a new ABC has been recommended
by the SSC. A longer phase-in period
provides more flexibility and allows a
more gradual change from the existing
ABC to the new ABC.
The phase-in of the ABC is an option
the Council can consider to address the
social and economic effects from
management changes. Adopting this
flexibility does not require the Council
to phase in all ABC changes, nor does
adopting one approach for one stock
prevent the Council from choosing a
more restrictive schedule of ABC phaseins (less than 3 years) for a different
stock. When considering whether to
phase in an ABC change, the Council
will compare the risk to the stock
against the expected social and
economic benefits of the alternative
ABC. Management strategy evaluations
may be used to quantify such trade-offs.
The Council will be able to consult with
its scientific and fishery advisors to help
develop a rationale and implementation
plan for phase-ins. The phase-in of ABC
changes is consistent with the NMFS
2020 guidance and incorporates
flexibility as per the revised NS1
guidelines into the FMPs for SnapperGrouper, Golden Crab, and Dolphin and
Wahoo.
Allow Carry-Over of Unharvested
Portion of ACLs
Currently, carry-over of unharvested
portion of ACLs is not allowed in the
Snapper-Grouper, Golden Crab, and
Dolphin and Wahoo FMPs. The ABC
Control Rule Amendments will
establish criteria specifying
circumstances when an unharvested
portion of the originally specified sector
ACL can be carried over from a single
fishing year to increase the available
harvest in the immediate next year.
Carry-overs may not be delayed, and
only amounts from the originally
specified sector ACL may be carried
over. Carry-over of the unharvested
portion of a sector ACL will be allowed
if:
(1) The stock status is known;
(2) The stock is neither overfished nor
experiencing overfishing;
(3) An overfishing limit for the stock
is defined;
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(4) ABC decreases are not being
phased-in;
(5) There are measures that restrict
annual landings to the ACL; and
(6) The post-season AM that reduces
the ACL in the following year according
to any landings overages is in place for
that stock and sector.
The ABC Control Rule Amendments
also specify limits on how much of the
unharvested portion of a sector ACL
may be carried over from a single
fishing year to increase the sector ACL
in the next year. The ABC and the total
ACL may be temporarily increased to
allow this carry-over. The temporary
ABC may not exceed the OFL. The
revised total ACL may not exceed the
temporary ABC or the total ACL plus
the carried over amount, whichever is
less. If a stock experiences overfishing,
either as the result of a stock assessment
or as determined by NMFS’ annual
evaluation of landings, that stock will
no longer qualify for carry-over.
Additional conditions to annually
qualify for carry-over can be added on
a stock-by-stock basis. For example, to
prevent overharvest of other species
commonly caught with the target
species (referred to as co-caught species)
during years with a carried-over ACL, a
future FMP amendment specifying an
ABC and ACL with carry-over could
additionally require that the previous
year’s harvest for co-caught species also
be less than or equal to the ACL for
carry-over to occur. When applicable,
the Council will specify whether
fisheries that have split seasons or subsector allocations (such as gear
allocations) should be eligible for interannual carry-over on a case-by-case
basis.
Carry-overs will also be sectorspecific. The Snapper-Grouper and
Dolphin and Wahoo FMPs have both
commercial and recreational sectors
whereas the Golden Crab FMP includes
only a commercial sector. Thus, if only
one sector is carrying over unused ACL,
the carried-over amount will be
allocated only to that sector, subject to
limitations defined above. If more than
one sector is carrying over unused ACL
in the same year, each sector carry-over
amount will be completely allocated to
the sector from which it was derived,
unless the sum of all carry-over amounts
plus the specified total ACL is greater
than the OFL. In this case, the difference
between the temporary revised ABC and
the specified total ACL will be allocated
using sector allocation percentages
specified by the FMP. A revised sector
ACL and revised ABC will remain in
place for a single fishing year. Following
a year that included carry-over,
evaluations of carry-over amounts for
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future years will be based on the ABC
and sector ACLs specified by the FMP
rather than on the temporarily revised
values.
The carry-over criteria and conditions
contained in the ABC Control Rule
Amendments are consistent with the
NMFS 2020 guidance. The carry-over
criteria and conditions will also make
carry-over applicable to only a few
stocks managed by the Council under
the Snapper-Grouper FMP at the time
this action was developed. However,
allowing carry-over does fulfill Federal
guidance on carry-overs that requires
allowance of this management tool to be
included in an FMP, and provide
additional management flexibility to
better enable harvest of the optimum
yield from a healthy stock.
Changes to Codified Text Not in the
ABC Control Rule Amendments
In this final rule, NMFS clarifies
existing regulations in 50 CFR
622.194(a) about the scope of allowable
management changes using the
framework procedure in the SnapperGrouper FMP. Specifically, NMFS
clarifies the allowable changes via
framework to essential fish habitat
(EFH), EFH habitat areas of particular
concern (HAPCs), and coral HAPCs.
In 2000, NMFS implemented two
final rules that updated the SnapperGrouper FMP framework procedures to
include EFH, EFH HAPCs, and coral
HAPCs that enabled more timely
implementation of subsequent
management measures than is possible
via an FMP amendment (65 FR 37292,
June 14, 2000; 65 FR 51248, August 23,
2000). Since NMFS implemented those
final rules, NMFS has made no other
changes to the framework procedure for
EFH, EFH HAPCs, and coral HAPCs.
Those regulations implemented Council
recommendations to allow for the
establishment of or modifications to
EFH HAPCs or coral HAPCs via
framework procedure. However, the
rules are overly general and reference
both ‘‘definitions of EFH’’ and ‘‘EFH,’’
which could be interpreted as
duplicative.
In this final rule, NMFS clarifies the
regulations by more clearly describing
the existing parameters for EFH, EFH
HAPCs, and coral HAPCs that can be
changed via framework action.
Accordingly, NMFS revises § 622.194(a)
without changing the Council’s original
management recommendations.
Comments and Reponses
NMFS received four comments from
individuals during the public comment
period on the notice of availability and
proposed rule for the ABC Control Rule
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16:21 Jan 02, 2024
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Amendments. NMFS acknowledges the
comment in favor of the actions in the
ABC Control Rule Amendments and
proposed rule and agrees that the
actions will aid in ensuring sustainable
fish populations. NMFS received two
comments regarding the development of
offshore wind infrastructure that were
outside the scope of the ABC Control
Rule Amendments and the proposed
rule and are not responded to in this
final rule. One commenter wanted more
clarification and made comments for the
actions contained in the ABC Control
Rule Amendments and the proposed
rule, and those comments are
summarized below, along with NMFS’
responses. The same commenter also
expressed an opinion as to how to
improve the organization of the
discussion presented in Federal
Register, to which no response is
provided. No changes were made to this
final rule as a result of public comment.
Comment 1: Why do changes need to
be made to the current framework
procedures for the three FMPs regarding
biomass levels, age-structure analyses,
maximum sustainable yield, etc.?
Response: This final rule will allow
for the carry-over of future ACLs and in
a more timely manner and is the only
substantive change to the framework
procedures for the three FMPs within
the scope of this rule. This final rule
also clarifies current regulations in 50
CFR 622.194(a) about the scope of
allowable management changes using
the framework procedure in the
Snapper-Grouper FMP as described
earlier. This final rule will not change
any other regulatory provisions
currently included in the framework
procedures for the Snapper-Grouper,
Golden Crab, or Dolphin and Wahoo
FMPs.
Comment 2: Biological, social, and
economic data from all sectors and the
analyses are necessary to help guide
changes to an ABC and ACL. It would
be wise if the Council completed these
analyses each year to track the changes
in fish, which may be applied to future
conservation projects as needed.
Response: NMFS agrees. NMFS and
the Council already have an extensive
process in place to gather biological,
social, and economic data from all
sectors, and analyze the effects on any
action to change an ABC or ACL. This
is done via the amendments to an
existing FMP, in consultation with the
Council’s AP, SSC, NMFS’ Southeast
Fisheries Science Center, and the public
through scoping meetings, public
hearings, and public comment
opportunities at Council meetings.
NMFS reviews and approves the FMP
amendments and implements necessary
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275
regulations only after ensuring the
actions are consistent with the
Magnuson-Stevens Act and its National
Standards, and all other applicable
laws. NMFS and the Council track
landings weekly for the commercial
sector and recreational charter vessels
and headboats, and every 2 months for
the private recreational component, and
conduct analyses as necessary. Fishery
performance reports are published by
the Council after getting extensive
feedback from its APs for each FMP,
investigating life-history parameters,
and landings reports from fishery
dependent and independent sources.
NMFS and the Council evaluate trends
and consider possible changes to the
ABC and ACL through amendments to
an FMP.
Comment 3: What are the
qualifications for including unassessed
species in levels 2 through 5?
Additionally, would it be possible for
the five-star restoration system to be
implemented here?
Response: The current ABC control
rules contain five levels of conditions,
decisions, and processes, involved to set
an ABC (see Table 2.1.1.1 in the
Comprehensive ABC Control Rule
Amendments). Level 1 is for species that
have stock assessments (assessed
species). Levels 2 through 5 apply to
species without a stock assessment
(unassessed species), with each level
corresponding to a specific data-limited
method used to calculate the ABC.
Typically, the SSC proceeded
sequentially through the levels adopting
the first level that was adequate for
deriving an ABC for the unassessed
stock at issue. This final rule will
implement revised ABC control rules by
removing levels 1 through 5, and
establishing four categories to set an
ABC (see Table 2.1.1.2 and Section 2.1.1
in the Comprehensive ABC Control Rule
Amendments for more details).
NMFS is unclear what the commenter
meant by ‘‘the five-star restoration
system’’ and, therefore, cannot provide
a response.
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 the
ABC Control Rule Amendments, the
Snapper-Grouper, Golden Crab, and
Dolphin and Wahoo FMPs, other
provisions of the Magnuson-Stevens
Act, and other applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Magnuson-Stevens Act provides
the legal basis for this final rule. No
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Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations
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 is contained in the
SUMMARY and SUPPLEMENTARY
INFORMATION sections of the preamble.
The objectives of this final rule are to
ensure catch level recommendations are
based on the best scientific information
available, prevent overfishing while
achieving optimum yield, and include
flexibility in setting catch limits as
allowed by the Magnuson-Stevens Act
and in accordance with NMFS’
guidance on carry-over and phase-in
provisions.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
during the proposed rule stage that this
rule 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. No
changes to this final rule were made in
response to public comments. 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
Fisheries, Fishing, South Atlantic,
Atlantic.
Dated: December 28, 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
ddrumheller on DSK120RN23PROD with RULES1
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.194, revise paragraph (a) to
read as follows:
§ 622.194 Adjustment of management
measures.
*
*
*
*
*
(a) Biomass levels, age-structured
analyses, target dates for rebuilding
VerDate Sep<11>2014
16:21 Jan 02, 2024
Jkt 262001
§ 622.252 Adjustment of management
measures.
*
*
*
*
*
(a) Biomass levels, age-structured
analyses, maximum sustainable yield,
acceptable biological catch, total
allowable catch, quotas (including
quotas equal to zero), trip limits,
minimum sizes, gear regulations and
restrictions, permit requirements,
seasonal or area closures, sub-zones and
their management measures, time frame
for recovery of golden crab if overfished,
fishing year (adjustment not to exceed 2
months), observer requirements,
authority for the Regional Administrator
to close the fishery when a quota is
reached or is projected to be reached,
definitions of essential fish habitat
(EFH), EFH habitat areas of particular
concern (HAPCs), or coral HAPCs, and
allow transfer of the unharvested ACL to
the following fishing year.
*
*
*
*
*
■ 4. In § 622.281, revise paragraph (a) to
read as follows:
§ 622.281 Adjustment of management
measures.
*
1. The authority citation for part 622
continues to read as follows:
■
■
overfished species, maximum
sustainable yield (or its proxy),
optimum yield, acceptable biological
catch, total allowable catch, quotas
(including a quota of zero), annual catch
limits, annual catch targets,
accountability measures, maximum
fishing mortality threshold, minimum
stock size threshold, trip limits, bag
limits, size limits, gear restrictions
(ranging from regulation to complete
prohibition), seasonal or area closures,
fishing year, rebuilding plans,
definitions of essential fish habitat
(EFH), establishment of or modifications
to EFH habitat areas of particular
concern (HAPCs) or coral HAPCs,
restrictions on gear and fishing activities
applicable in EFH and EFH HAPCs,
establish or modify spawning SMZs,
and allow transfer of the unharvested
total or sector ACL to the following
fishing year.
*
*
*
*
*
■ 3. In § 622.252, revise paragraph (a) to
read as follows:
*
*
*
*
(a) Biomass levels, age-structured
analyses, maximum sustainable yield,
optimum yield, overfishing limit, total
allowable catch, acceptable biological
catch (ABC), ABC control rule, annual
catch limits, annual catch targets,
accountability measures, trip limits,
minimum sizes, gear regulations and
restrictions, permit requirements,
seasonal or area closures, sub-zones and
their management measures, overfishing
PO 00000
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Fmt 4700
Sfmt 4700
definitions and other status
determination criteria, time frame for
recovery of Atlantic dolphin or wahoo
if overfished, fishing year (adjustment
not to exceed 2 months), authority for
the Regional Administrator to close a
fishery when a quota is reached or is
projected to be reached or reopen a
fishery when additional quota becomes
available, definitions of essential fish
habitat (EFH), EFH habitat areas of
particular concern (HAPCs), or coral
HAPCs, and allow transfer of the
unharvested total or sector ACL to the
following fishing year.
*
*
*
*
*
[FR Doc. 2023–28906 Filed 1–2–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 231226–0316]
RIN 0648–BL93
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic
Region; Amendment 49; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correcting
amendment.
AGENCY:
NMFS corrects the final rule
that implemented management
measures described in Amendment 49
to the Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (FMP), which published
in the Federal Register on September
26, 2023. For greater amberjack, that
final rule revised 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 revised the overfishing
limit, acceptable biological catch,
annual optimum yield, and sector
allocations of the total ACL, as well as
removed the recreational annual catch
targets for species in the FMP. In that
final rule, NMFS inadvertently
neglected to include a previously
contained commercial quota provision
that did not change through
Amendment 49, and did not include a
commercial trip limit paragraph heading
that did not change through
Amendment 49. The purpose of this
SUMMARY:
E:\FR\FM\03JAR1.SGM
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Agencies
[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Rules and Regulations]
[Pages 271-276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28906]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 231222-0315]
RIN 0648-BL98
Snapper-Grouper Fishery of the South Atlantic Region; Golden Crab
Fishery of the South Atlantic Region; Dolphin and Wahoo Fishery of the
Atlantic; Acceptable Biological Catch Control Rules
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues regulations to implement amendments to the Fishery
Management Plans (FMPs) for the Snapper-Grouper Fishery, the Golden
Crab Fishery, and the Dolphin and Wahoo Fishery, referenced here as the
Acceptable Biological Catch (ABC) Control Rule Amendments. This final
rule modifies the ABC control rules, allows the phase-in of subsequent
ABC changes, allows some carry-over of an unharvested portion of the
annual catch limit (ACL) to the following fishing year, and modifies
the FMP framework procedures to implement carry-overs of ACLs when
appropriate. NMFS also implements an administrative clarification to
existing regulations for the Snapper-Grouper FMP framework procedure.
The purpose of this final rule is to ensure catch level recommendations
are based on the best scientific information available, prevent
overfishing while achieving optimum yield, and increase flexibility in
setting catch limits.
DATES: This final rule is effective February 2, 2024.
ADDRESSES: An electronic copy of the ABC Control Rule Amendments, which
includes an environmental assessment, a fishery impact statement, and a
regulatory impact review, may be obtained from the NMFS Southeast
Regional Office website at https://www.fisheries.noaa.gov/action/comprehensive-acceptable-biological-catch-abc-control-rule-amendment-revisions-abc-control.
FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305,
or email: [email protected].
SUPPLEMENTARY INFORMATION: The South Atlantic snapper-grouper and
golden crab fisheries are managed under the Snapper-Grouper FMP and
Golden Crab FMP, respectively. The dolphin and wahoo fishery of the
Atlantic is managed under the Dolphin and Wahoo FMP. These 3 FMPs were
prepared by the South Atlantic Fishery Management Council (Council) and
are 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). The Council has developed, and
NMFS has approved, the Comprehensive Acceptable Biological Catch
Control Rule Amendment: Revisions to the Acceptable Biological Catch
Control Rules and Specifications for Carry-Overs and Phase-Ins. The
Council document is composed of Amendment 45 to the Snapper-Grouper
FMP, Amendment 11 to the Golden Crab FMP, and Amendment 11 to the
Dolphin and Wahoo FMP.
Background
The Magnuson-Stevens Act requires that NMFS and the regional
fishery management councils prevent overfishing and achieve, on a
continuing basis, the optimum yield from federally managed fish stocks.
These mandates are intended to ensure
[[Page 272]]
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. The
Council and NMFS manage snapper-grouper species and golden crab in
Federal waters from North Carolina south to the Florida Keys. The
Council and NMFS manage the dolphin and wahoo fishery in Federal waters
from Maine south to the Florida Keys.
The Magnuson-Stevens Act requires the Secretary to approve,
disapprove, or partially approve fishery management plan amendments and
issue regulations necessary to implement them (16 U.S.C. 1854(a)). On
September 11, 2023, NMFS published a notice of availability for the ABC
Control Rule Amendments and requested public comment (88 FR 62309). On
October 2, 2023, NMFS published a proposed rule for the ABC Control
Rule Amendments and requested public comment (88 FR 67721). NMFS
approved the ABC Control Rule Amendments on December 8, 2023. The
proposed rule and the ABC Control Rule Amendments detail the rationale
for the actions contained in this final rule and is not all repeated
here. This final rule (1) provides notice of approval of the ABC
Control Rule Amendments and (2) makes minor changes to regulatory text
to implement those amendments to the FMPs. A summary of the management
measures described in the ABC Control Rule Amendments and implemented
by this final rule is provided below.
The Council's Scientific and Statistical Committee (SSC) will use
the ABC control rules described in the ABC Control Rule Amendments and
implemented by this final rule to recommend future ABC levels to the
Council. The ABC control rules use uncertainty and risk ranking traits
to determine the acceptable risk of overfishing. The ABC control rule
is the method by which the ABC for a stock is set, ideally based on an
overfishing limit (OFL) from a stock assessment but at times
established using more data-limited methodologies. The acceptable risk
of overfishing is denoted as P-Star (P*) and is applied through stock
assessment projections to develop the SSC's ABC recommendation to the
Council.
In October 2016, NMFS published a final rule to revise the
guidelines for National Standard 1 (NS1) of the Magnuson-Stevens Act
(81 FR 71858, October 18, 2016). NS1 states that fishery conservation
and management measures shall prevent overfishing while achieving, on a
continuing basis, the optimum yield from each fishery for the United
States fishing industry. One of the objectives of the 2016 NS1
revisions was to provide additional flexibility within current
statutory limits to address fishery management issues. For example, the
revised NS1 guidelines allow for changes in catch limits to be phased
in over time. A similar ``phase-in'' provision is included in the ABC
Control Rule Amendments and this final rule. The revised guidelines
also allow for some of the unused portion of an ACL to be carried over
from a single fishing year to the next, which is also described as
``carry-over'' in this final rule.
The ABC Control Rule Amendments incorporate carry-over and phase-in
provisions by modifying the existing ABC control rules for the Snapper-
Grouper, Golden Crab, and Dolphin and Wahoo FMPs by clarifying the
incorporation of scientific uncertainty and management risk, modifying
the approach used to determine the acceptable risk of overfishing, and
prioritizing the use of stock rebuilding plans for overfished stocks.
Management Measure Contained in This Final Rule
Modify Framework Procedures
The ABC Control Rule Amendments and this final rule will modify the
framework procedures in the Snapper-Grouper, Golden Crab, and Dolphin
and Wahoo FMPs to allow for the future transfer, if pre-qualifying
criteria are met, of an unharvested portion of a stock, total, or
sector-specific ACL to the following fishing year (details are
described in the Allow Carry-Over of Unharvested Portion of ACLs
section of this final rule).
The revised FMP framework procedures implemented by this final rule
will allow for the potential carry-over of an ACL in future management
actions. Before NMFS can implement an ACL carry-over, other preceding
steps by the Council, SSC, and NMFS must occur.
First, a future stock assessment must be conducted to determine if
a species is eligible for carry-over and specify the appropriate catch
level based on the criteria contained in the applicable ABC control
rule. Then, the SSC would determine and recommend an ABC to the Council
and the Council would develop an FMP amendment or framework action for
the species that includes the option of ACL carry-over. If the related
rulemaking was implemented by NMFS, then that species would be eligible
for future carry-over through a subsequent action under the abbreviated
framework procedures described in this final rule. To support potential
carry-over justification, a Term of Reference will be added to each
future stock assessment to project the maximum amount of landings
beyond the ABC that could be carried over in 1 year while not resulting
in overfishing or the stock becoming overfished within the projection
period.
When the Council develops a subsequent fishery management action in
response to a stock assessment to specify or revise an ABC and ACL for
a stock or sector, the Council will determine whether carry-over will
be authorized if annual conditions cause a stock ACL or sector ACL to
qualify for carry-over. In doing so, the Council will consider the
potential need for, and benefits of, carry-over for a stock that could
become eligible according to criteria specified in the ABC control
rule. The Council will also consider the duration of time when the
specified ABC and ACL are effective. An FMP amendment or framework
action that specifies carry-over for a stock or sector will include
analysis of the relevant biological, economic, and social information
necessary to meet the criteria and guidance of the ABC control rule.
Following the conclusion of each fishing year, Council staff will
notify the Council if any stocks and sectors for which carry-over is
approved qualify based on the previous year's landings, including
preliminary landings estimates from the previous year if those landings
data are not yet finalized. If a stock or sector qualifies for carry-
over according to specifications of the ABC recommended by the SSC and
annual landings meet criteria specified in the ABC control rule, NMFS
will implement carry-over of eligible landings from the previous year
via a temporary rule published in the Federal Register through the
existing FMP framework procedure and rulemaking process.
The ACL carry-over procedure for eligible fish stocks or fishery
sectors generally will not require additional advisory panel (AP) input
or SSC recommendation, because input relevant to an ABC being approved
with potential for ACL carry-over will be part of the prior development
process for the FMP amendment or framework in which the ABC and ACL for
a stock or sector are already specified. Application of the carry-over
procedure is expected to be routine and formulaic.
The NMFS Regional Administrator (RA) will review any Council
recommendations for carry-over and supporting information. If the RA
[[Page 273]]
concurs that the Council's recommendations are consistent with the
objectives of the applicable FMP, the Magnuson-Stevens Act, and all
other applicable law, the RA will be authorized to implement the
Council's proposed action through publication of appropriate
notification in the Federal Register.
If the Council chooses to deviate from the criteria and guidance of
the ABC control rules, this abbreviated process will not apply.
Further details of the process can be found in section 2.4.1 and
Appendix J of the ABC Control Rule Amendments. An example of the carry-
over can be found in Appendix H of the ABC Control Rule Amendments.
The new process will allow ACL carry-overs to occur in a more
timely manner than that of an FMP amendment or framework action. A
faster process is necessary due to the year-to-year nature of carry-
overs. Under-harvest of an ACL may only be carried over in the
immediate next year. Therefore, defining a stock's eligibility and the
amount of ACL being carried over must occur quickly enough such that
the fishery has time to harvest the carried over amount within the
fishing year following a year of under-harvest. The process also
provides the Council discretion in determining whether carry-over
should be applied to a potentially eligible stock when setting the ABC
and ACL.
It is important to note that this final rule will not change
current ABCs or ACLs for any species managed under the FMPs affected by
the ABC Control Rule Amendments. This rule makes no other substantive
changes to the current framework procedures in the Snapper-Grouper,
Golden Crab, and Dolphin and Wahoo FMPs.
Management Measures in the ABC Control Rule Amendments Not Codified by
This Final Rule
In addition to the regulatory language within this final rule, the
ABC Control Rule Amendments contain more specific provisions that
modify the ABC control rules, allow the phasing in of ABC changes, and
allow carry-over of unharvested portion of the ACL, for Snapper-
Grouper, Golden Crab, and Dolphin and Wahoo FMPs.
Modify the ABC Control Rules
The ABC Control Rule Amendments will modify the ABC control rules
for the Snapper-Grouper, Golden Crab, and Dolphin and Wahoo FMPs by
categorizing stocks based on the available information, scientific
uncertainty evaluation, and incorporation of the Council's risk
tolerance policy through an accepted P*. The Council will specify the
P* based on relative stock biomass and a stock risk rating. When
possible, the SSC will determine the OFL and characterize its
uncertainty based primarily on the stock assessment and secondarily on
the SSC's expert opinion. The SSC will then use the OFL and its
uncertainty to derive and recommend the ABC to the Council, based on
the risk tolerance specified by the Council. The detailed step-by-step
procedure detailing how the ABC is derived for assessed stocks can be
found in section 2.1.1 of the ABC Control Rule Amendments. ABC for
unassessed stocks will be recommended by the SSC based on applicable
data-limited methods. Unassessed stocks will be assigned the moderate
biomass level unless there is a recommendation from the SSC that
justifies assignment of a different level. For overfished stocks, the
Council will specify a stock rebuilding plan, considering
recommendations from the SSC and the AP of the respective FMP. The ABC
enacted while the rebuilding plan is in effect will be based on
recommendations from the Council's SSC. The probability of success for
rebuilding plans (1 minus P*) will be at least 50 percent. Control rule
categories for assessments are described in detail in Table 2.1.1.2 of
the ABC Control Rule Amendments.
In summary, four categories in the revised ABC control rules will
facilitate an ABC determination based on scientific uncertainty and SSC
guidance. The Council, with advice from the SSC and AP, will evaluate
management risk for each stock through a stock risk rating. Stock risk
ratings include information already used in the productivity and
susceptibility analysis (PSA), but also incorporate socio-economic (for
example, potential for discard losses, annual commercial value,
recreational desirability, etc.) and environmental attributes (for
example, climate change) (see Appendix E of the ABC Control Rule
Amendments for more details). These recommendations will be revisited
when new information becomes available (for example, a new stock
assessment). The Council will then specify the risk rating as low,
medium, or high risk of overfishing. A higher risk of overfishing will
indicate that risk tolerance (i.e., the accepted probability of
overfishing) should be lower. These stock risk ratings, along with
relative biomass levels, will be used to determine the Council's
default risk tolerance for each stock. Default P* values based on
relative biomass and stock risk rating are shown in Table 2.1.1.3 of
the ABC Control Rule Amendments. As an example, a stock with high
biomass and medium stock risk rating will have a P* of 45 percent. This
will be lower than the OFL, in accordance with Magnuson-Stevens Act.
The SSC can recommend the Council reconsider the stock risk rating.
This could happen, for example, with the emergence of new scientific
studies or new information discovered through a stock assessment.
The modified ABC control rules will also allow the Council to
deviate, to a greater or lesser amount, from the default accepted
probability of overfishing by up to 10 percent for an individual stock,
based on its expert judgment, new information, or recommendations by
the SSC or other expert advisors. Accepted probability of overfishing
may not exceed 50 percent. Using a 50 percent probability of
overfishing implies negligible scientific uncertainty and sets OFL
equal to ABC. At P* equals 0.50, removals above ABC caused by
deviations in biological parameters (for example, natural mortality
(M), recruitment) could cause an overfishing determination and delay
rebuilding plans. Therefore, adjusting P* above the value recommended
by the SSC will be infrequent and well justified based on new
scientific understanding and the Council's risk tolerance.
Additionally, when requested by the Council, the SSC will recommend the
ABC for up to 5 years as both a constant value across years and as
individual annual values for the same period of years. These options
provide more flexibility to both the Council and SSC in the ABC
determination.
The ABC Control Rule Amendments does not change the current ABC
levels for any species managed under the Snapper-Grouper, Golden Crab,
and Dolphin and Wahoo FMPs. Modifying the ABC control rules as
specified will give the SSC the ability to recommend adjusting or
deriving uncertainty of future assessment results (ultimately impacting
projections of future catch) if they determine uncertainty is not
adequately estimated through information used in the assessment.
Evaluation of risk tolerance will also be improved by considering
factors beyond the current PSA and expanding the range of reference
points used to describe and incorporate relative biomass. For
unassessed stocks, the modifications will expand the number of methods
that could be considered for estimating OFL and ABC. The addition of
economic factors in the ABC control
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rules will allow the Council to better consider the long-term economic
implications when examining management risk, which could lead to better
economic outcomes and increase net economic benefits in a fishery for a
given species. The inclusion of social factors in the ABC control rules
will allow the Council to directly consider the importance of a given
species to fishing communities and businesses when determining risk
tolerance and will have long-term social benefits in the form of a more
appropriate ABC.
Allow the Phase-In of ABC Changes
Currently, the phase-in of ABC changes is not allowed in the
Snapper-Grouper, Golden Crab, and Dolphin and Wahoo FMPs. The ABC
Control Rule Amendments will establish criteria specifying when the
phase-in of ABC changes will be allowed and specify the approach for
the phase-in of ABC changes.
The ABC Control Rule Amendments will allow the phase-in of
increases to ABC as specified by the Council, with advice from the SSC
and AP. Increases to ABC (assuming the presence of comparable data
between assessments) are generally indicative of an increase in
relative biomass and improving stock condition. The revised approach in
the ABC Control Rule Amendments allows greater consideration of
ecological, social, and economic effects of an increased ABC, and
increased flexibility in how that change can be implemented. Because
ABCs during an increasing phase-in will be less than those initially
recommended by the SSC, the phase-in period is not limited (i.e., it
can exceed the maximum timeframe specified for the phase-in decreases).
The Council may specify ABC to be less than the SSC's recommended ABC,
but it may not exceed the SSC's recommendation. Phasing in an ABC
increase will set ABC below the SSC's recommendation. If the phase-in
is included in projections used to develop the SSC's ABC
recommendation, there also may be an increase to the recommended long-
term ABC (i.e., the ABC that persists after the phase-in is complete).
Thus, phasing in increases to ABC over a longer time period could
result in a greater increase to long-term ABC, and phasing in increases
over a shorter period could result in a smaller increase to long-term
ABC.
The ABC Control Rule Amendments will allow the phase-in of
decreases to ABC when a new ABC is less than 80 percent of the existing
ABC, and over a period not to exceed 3 years, which is the maximum
phase-in period allowed by the NS1 guidelines. The criterion requiring
a minimum threshold of difference between the current and new ABCs to
be 20 percent defines a significant enough change to merit phasing in
the change and is more flexible than other minimum threshold levels
considered in the ABC Control Rule Amendments. The Council will
consider whether to apply a phase-in on a case-by-case basis when
specifying a stock ABC through an FMP amendment after a new ABC has
been recommended by the SSC. A longer phase-in period provides more
flexibility and allows a more gradual change from the existing ABC to
the new ABC.
The phase-in of the ABC is an option the Council can consider to
address the social and economic effects from management changes.
Adopting this flexibility does not require the Council to phase in all
ABC changes, nor does adopting one approach for one stock prevent the
Council from choosing a more restrictive schedule of ABC phase-ins
(less than 3 years) for a different stock. When considering whether to
phase in an ABC change, the Council will compare the risk to the stock
against the expected social and economic benefits of the alternative
ABC. Management strategy evaluations may be used to quantify such
trade-offs. The Council will be able to consult with its scientific and
fishery advisors to help develop a rationale and implementation plan
for phase-ins. The phase-in of ABC changes is consistent with the NMFS
2020 guidance and incorporates flexibility as per the revised NS1
guidelines into the FMPs for Snapper-Grouper, Golden Crab, and Dolphin
and Wahoo.
Allow Carry-Over of Unharvested Portion of ACLs
Currently, carry-over of unharvested portion of ACLs is not allowed
in the Snapper-Grouper, Golden Crab, and Dolphin and Wahoo FMPs. The
ABC Control Rule Amendments will establish criteria specifying
circumstances when an unharvested portion of the originally specified
sector ACL can be carried over from a single fishing year to increase
the available harvest in the immediate next year. Carry-overs may not
be delayed, and only amounts from the originally specified sector ACL
may be carried over. Carry-over of the unharvested portion of a sector
ACL will be allowed if:
(1) The stock status is known;
(2) The stock is neither overfished nor experiencing overfishing;
(3) An overfishing limit for the stock is defined;
(4) ABC decreases are not being phased-in;
(5) There are measures that restrict annual landings to the ACL;
and
(6) The post-season AM that reduces the ACL in the following year
according to any landings overages is in place for that stock and
sector.
The ABC Control Rule Amendments also specify limits on how much of
the unharvested portion of a sector ACL may be carried over from a
single fishing year to increase the sector ACL in the next year. The
ABC and the total ACL may be temporarily increased to allow this carry-
over. The temporary ABC may not exceed the OFL. The revised total ACL
may not exceed the temporary ABC or the total ACL plus the carried over
amount, whichever is less. If a stock experiences overfishing, either
as the result of a stock assessment or as determined by NMFS' annual
evaluation of landings, that stock will no longer qualify for carry-
over. Additional conditions to annually qualify for carry-over can be
added on a stock-by-stock basis. For example, to prevent overharvest of
other species commonly caught with the target species (referred to as
co-caught species) during years with a carried-over ACL, a future FMP
amendment specifying an ABC and ACL with carry-over could additionally
require that the previous year's harvest for co-caught species also be
less than or equal to the ACL for carry-over to occur. When applicable,
the Council will specify whether fisheries that have split seasons or
sub-sector allocations (such as gear allocations) should be eligible
for inter-annual carry-over on a case-by-case basis.
Carry-overs will also be sector-specific. The Snapper-Grouper and
Dolphin and Wahoo FMPs have both commercial and recreational sectors
whereas the Golden Crab FMP includes only a commercial sector. Thus, if
only one sector is carrying over unused ACL, the carried-over amount
will be allocated only to that sector, subject to limitations defined
above. If more than one sector is carrying over unused ACL in the same
year, each sector carry-over amount will be completely allocated to the
sector from which it was derived, unless the sum of all carry-over
amounts plus the specified total ACL is greater than the OFL. In this
case, the difference between the temporary revised ABC and the
specified total ACL will be allocated using sector allocation
percentages specified by the FMP. A revised sector ACL and revised ABC
will remain in place for a single fishing year. Following a year that
included carry-over, evaluations of carry-over amounts for
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future years will be based on the ABC and sector ACLs specified by the
FMP rather than on the temporarily revised values.
The carry-over criteria and conditions contained in the ABC Control
Rule Amendments are consistent with the NMFS 2020 guidance. The carry-
over criteria and conditions will also make carry-over applicable to
only a few stocks managed by the Council under the Snapper-Grouper FMP
at the time this action was developed. However, allowing carry-over
does fulfill Federal guidance on carry-overs that requires allowance of
this management tool to be included in an FMP, and provide additional
management flexibility to better enable harvest of the optimum yield
from a healthy stock.
Changes to Codified Text Not in the ABC Control Rule Amendments
In this final rule, NMFS clarifies existing regulations in 50 CFR
622.194(a) about the scope of allowable management changes using the
framework procedure in the Snapper-Grouper FMP. Specifically, NMFS
clarifies the allowable changes via framework to essential fish habitat
(EFH), EFH habitat areas of particular concern (HAPCs), and coral
HAPCs.
In 2000, NMFS implemented two final rules that updated the Snapper-
Grouper FMP framework procedures to include EFH, EFH HAPCs, and coral
HAPCs that enabled more timely implementation of subsequent management
measures than is possible via an FMP amendment (65 FR 37292, June 14,
2000; 65 FR 51248, August 23, 2000). Since NMFS implemented those final
rules, NMFS has made no other changes to the framework procedure for
EFH, EFH HAPCs, and coral HAPCs. Those regulations implemented Council
recommendations to allow for the establishment of or modifications to
EFH HAPCs or coral HAPCs via framework procedure. However, the rules
are overly general and reference both ``definitions of EFH'' and
``EFH,'' which could be interpreted as duplicative.
In this final rule, NMFS clarifies the regulations by more clearly
describing the existing parameters for EFH, EFH HAPCs, and coral HAPCs
that can be changed via framework action. Accordingly, NMFS revises
Sec. 622.194(a) without changing the Council's original management
recommendations.
Comments and Reponses
NMFS received four comments from individuals during the public
comment period on the notice of availability and proposed rule for the
ABC Control Rule Amendments. NMFS acknowledges the comment in favor of
the actions in the ABC Control Rule Amendments and proposed rule and
agrees that the actions will aid in ensuring sustainable fish
populations. NMFS received two comments regarding the development of
offshore wind infrastructure that were outside the scope of the ABC
Control Rule Amendments and the proposed rule and are not responded to
in this final rule. One commenter wanted more clarification and made
comments for the actions contained in the ABC Control Rule Amendments
and the proposed rule, and those comments are summarized below, along
with NMFS' responses. The same commenter also expressed an opinion as
to how to improve the organization of the discussion presented in
Federal Register, to which no response is provided. No changes were
made to this final rule as a result of public comment.
Comment 1: Why do changes need to be made to the current framework
procedures for the three FMPs regarding biomass levels, age-structure
analyses, maximum sustainable yield, etc.?
Response: This final rule will allow for the carry-over of future
ACLs and in a more timely manner and is the only substantive change to
the framework procedures for the three FMPs within the scope of this
rule. This final rule also clarifies current regulations in 50 CFR
622.194(a) about the scope of allowable management changes using the
framework procedure in the Snapper-Grouper FMP as described earlier.
This final rule will not change any other regulatory provisions
currently included in the framework procedures for the Snapper-Grouper,
Golden Crab, or Dolphin and Wahoo FMPs.
Comment 2: Biological, social, and economic data from all sectors
and the analyses are necessary to help guide changes to an ABC and ACL.
It would be wise if the Council completed these analyses each year to
track the changes in fish, which may be applied to future conservation
projects as needed.
Response: NMFS agrees. NMFS and the Council already have an
extensive process in place to gather biological, social, and economic
data from all sectors, and analyze the effects on any action to change
an ABC or ACL. This is done via the amendments to an existing FMP, in
consultation with the Council's AP, SSC, NMFS' Southeast Fisheries
Science Center, and the public through scoping meetings, public
hearings, and public comment opportunities at Council meetings. NMFS
reviews and approves the FMP amendments and implements necessary
regulations only after ensuring the actions are consistent with the
Magnuson-Stevens Act and its National Standards, and all other
applicable laws. NMFS and the Council track landings weekly for the
commercial sector and recreational charter vessels and headboats, and
every 2 months for the private recreational component, and conduct
analyses as necessary. Fishery performance reports are published by the
Council after getting extensive feedback from its APs for each FMP,
investigating life-history parameters, and landings reports from
fishery dependent and independent sources. NMFS and the Council
evaluate trends and consider possible changes to the ABC and ACL
through amendments to an FMP.
Comment 3: What are the qualifications for including unassessed
species in levels 2 through 5? Additionally, would it be possible for
the five-star restoration system to be implemented here?
Response: The current ABC control rules contain five levels of
conditions, decisions, and processes, involved to set an ABC (see Table
2.1.1.1 in the Comprehensive ABC Control Rule Amendments). Level 1 is
for species that have stock assessments (assessed species). Levels 2
through 5 apply to species without a stock assessment (unassessed
species), with each level corresponding to a specific data-limited
method used to calculate the ABC. Typically, the SSC proceeded
sequentially through the levels adopting the first level that was
adequate for deriving an ABC for the unassessed stock at issue. This
final rule will implement revised ABC control rules by removing levels
1 through 5, and establishing four categories to set an ABC (see Table
2.1.1.2 and Section 2.1.1 in the Comprehensive ABC Control Rule
Amendments for more details).
NMFS is unclear what the commenter meant by ``the five-star
restoration system'' and, therefore, cannot provide a response.
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 the ABC Control Rule Amendments, the Snapper-Grouper,
Golden Crab, and Dolphin and Wahoo FMPs, other provisions of the
Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the legal basis for this final
rule. No
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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 is contained in the
SUMMARY and SUPPLEMENTARY INFORMATION sections of the preamble. The
objectives of this final rule are to ensure catch level recommendations
are based on the best scientific information available, prevent
overfishing while achieving optimum yield, and include flexibility in
setting catch limits as allowed by the Magnuson-Stevens Act and in
accordance with NMFS' guidance on carry-over and phase-in provisions.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) during the proposed rule stage that this rule
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. No changes to this final rule were
made in response to public comments. 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
Fisheries, Fishing, South Atlantic, Atlantic.
Dated: December 28, 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. 622.194, revise paragraph (a) to read as follows:
Sec. 622.194 Adjustment of management measures.
* * * * *
(a) Biomass levels, age-structured analyses, target dates for
rebuilding overfished species, maximum sustainable yield (or its
proxy), optimum yield, acceptable biological catch, total allowable
catch, quotas (including a quota of zero), annual catch limits, annual
catch targets, accountability measures, maximum fishing mortality
threshold, minimum stock size threshold, trip limits, bag limits, size
limits, gear restrictions (ranging from regulation to complete
prohibition), seasonal or area closures, fishing year, rebuilding
plans, definitions of essential fish habitat (EFH), establishment of or
modifications to EFH habitat areas of particular concern (HAPCs) or
coral HAPCs, restrictions on gear and fishing activities applicable in
EFH and EFH HAPCs, establish or modify spawning SMZs, and allow
transfer of the unharvested total or sector ACL to the following
fishing year.
* * * * *
0
3. In Sec. 622.252, revise paragraph (a) to read as follows:
Sec. 622.252 Adjustment of management measures.
* * * * *
(a) Biomass levels, age-structured analyses, maximum sustainable
yield, acceptable biological catch, total allowable catch, quotas
(including quotas equal to zero), trip limits, minimum sizes, gear
regulations and restrictions, permit requirements, seasonal or area
closures, sub-zones and their management measures, time frame for
recovery of golden crab if overfished, fishing year (adjustment not to
exceed 2 months), observer requirements, authority for the Regional
Administrator to close the fishery when a quota is reached or is
projected to be reached, definitions of essential fish habitat (EFH),
EFH habitat areas of particular concern (HAPCs), or coral HAPCs, and
allow transfer of the unharvested ACL to the following fishing year.
* * * * *
0
4. In Sec. 622.281, revise paragraph (a) to read as follows:
Sec. 622.281 Adjustment of management measures.
* * * * *
(a) Biomass levels, age-structured analyses, maximum sustainable
yield, optimum yield, overfishing limit, total allowable catch,
acceptable biological catch (ABC), ABC control rule, annual catch
limits, annual catch targets, accountability measures, trip limits,
minimum sizes, gear regulations and restrictions, permit requirements,
seasonal or area closures, sub-zones and their management measures,
overfishing definitions and other status determination criteria, time
frame for recovery of Atlantic dolphin or wahoo if overfished, fishing
year (adjustment not to exceed 2 months), authority for the Regional
Administrator to close a fishery when a quota is reached or is
projected to be reached or reopen a fishery when additional quota
becomes available, definitions of essential fish habitat (EFH), EFH
habitat areas of particular concern (HAPCs), or coral HAPCs, and allow
transfer of the unharvested total or sector ACL to the following
fishing year.
* * * * *
[FR Doc. 2023-28906 Filed 1-2-24; 8:45 am]
BILLING CODE 3510-22-P