Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack and Red Snapper Management Measures, 42413-42419 [2024-10475]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Proposed Rules]
[Pages 42413-42419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10475]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 240508-0131]
RIN 0648-BM82


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack and Red 
Snapper Management Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in a 
framework action under the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of 
Mexico Fishery Management Council (Council). If implemented, this 
proposed rule would modify the Gulf of Mexico (Gulf) greater amberjack 
commercial trip limit and the recreational fixed closed season. 
Additionally, this proposed rule would clarify the Gulf red snapper 
charter vessel/headboat (for-hire) component quota and annual catch 
target (ACT) regulations. The purposes of this proposed rule are to 
extend the

[[Page 42414]]

commercial and recreational fishing seasons for Gulf greater amberjack 
while continuing to prevent overfishing and rebuild the stock; and 
clarify that a person on a vessel issued a Gulf for-hire permit at any 
time during the fishing year can only harvest red snapper if the vessel 
is operating as a for-hire vessel.

DATES: Written comments must be received on or before June 14, 2024.

ADDRESSES: A plain language summary of this proposed rule is available 
at https://www.regulations.gov/docket[NOAA-NMFS-2024-0012]. You may 
submit comments on this document, identified by [NOAA-NMFS-2024-0012], 
by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Visit https://www.regulations.gov and type [NOAA-NMFS-2024-0012], in the Search box. 
Click the ``Comment'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Dan Luers, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).
    Electronic copies of the framework action, which includes an 
environmental assessment, a fishery impact statement, an Initial 
Regulatory Flexibility analysis (IRFA), and a regulatory impact review, 
may be obtained from the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/framework-action-modify-greater-amberjack-recreational-fixed-closed-season-and-commercial.

FOR FURTHER INFORMATION CONTACT: Dan Luers, telephone: 727-824-5305, or 
email: [email protected].

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes 
greater amberjack, is managed under the FMP. The FMP was prepared by 
the Council, approved by the Secretary of Commerce, and is implemented 
by NMFS through regulations at 50 CFR part 622 under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).

Background

    The Magnuson-Stevens Act requires NMFS and the regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the optimum yield from federally managed fish stocks. These 
mandates are intended to ensure fishery resources are managed for the 
greatest overall benefit to the nation, particularly with respect to 
providing food production and recreational opportunities, and to 
protect marine ecosystems.
    The greater amberjack stock in the Gulf has been overfished since 
2001. To help rebuild the stock, NMFS has implemented several 
modifications to the rebuilding plan, including changes to the 
commercial and recreational catch levels, and changes to management 
measures intended to constrain harvest and extend the commercial and 
recreational seasons. NMFS recently implemented Amendment 54 to the 
FMP, which modifies the Gulf greater amberjack rebuilding time period 
and substantially reduces the sector-specific annual catch limits 
(ACLs) and ACTs (88 FR 39193, June 15, 2023). Implementation of that 
final rule and Amendment 54 is expected to result in the stock 
rebuilding by 2027.
    In the Gulf, greater amberjack is not a common target species for 
the reef fish commercial sector, with the majority of trips landing 
less than 500 lb (227 kg), gutted weight (520 lb (236 kg), round 
weight) of the species. As described at 50 CFR 622.41(a)(1), when 
commercial landings for greater amberjack reach or are projected to 
reach the commercial ACT, which is codified as the commercial quota, 
NMFS closes the commercial sector for the remainder of the fishing 
year. Any overage of the commercial ACL results in both a reduction of 
the commercial ACT and the commercial ACL in the following fishing year 
by the amount of the commercial ACL overage.
    In 2012, the final rule for Amendment 35 to the FMP established a 
Gulf greater amberjack commercial trip limit of 2,000 lb (907 kg), 
round weight (77 FR 67574, November 13, 2012). In 2015, NMFS 
implemented a framework action under the FMP to reduce the Gulf greater 
amberjack commercial trip limit to 1,500 lb (680 kg), gutted weight 
(1,560 lb (708 kg), round weight) (80 FR 75432, December 2, 2015). In 
2020, NMFS implemented a framework action that further reduced the Gulf 
greater amberjack commercial trip limit to 1,000 lb (454 kg), gutted 
weight (1,040 lb (472 kg), round weight) (85 FR 20611, April 14, 2020). 
That framework action and final rule also included a reduction in the 
trip limit to 250 lb (113 kg), gutted weight (260 lb (118 kg), round 
weight) when 75 percent of the commercial quota was reached. The 
current framework action projected that under the current trip limit, 
the trip limit reduction was projected to occur in February with a 
season closure occurring in June.
    In the current framework action, the Council is recommending that 
NMFS reduce the commercial trip limit further due to the substantial 
catch limit reductions implemented by Amendment 54 to lengthen the 
commercial fishing season. The framework action would reduce the 
commercial trip limit for Gulf greater amberjack to seven fish, which 
is approximately equal to 210 lb (95 kg), gutted weight (218 lb (99 
kg), round weight). This reduction in the trip limit is expected to 
extend the commercial season until September unless an overage of the 
commercial ACL occurs in the prior fishing year, which would require a 
reduction in the commercial ACL and ACT and result in a reduction in 
the season length. NMFS notes that in the 2023 fishing year, the 
commercial ACL was exceeded by 35,280 lb (16,003 kg), round weight 
resulting in a reduction of the commercial ACL and ACT for the 2024 
fishing year (see 88 FR 80995, November 21, 2023). NMFS is monitoring 
2024 commercial landings and will prohibit commercial harvest and 
possession of Gulf greater amberjack when NMFS projects that the 
reduced ACT will be met.
    As described in the framework action, this reduction of the trip 
limit to seven fish would eliminate the remaining direct commercial 
harvest trips for greater amberjack. The Council recognized that the 
greater amberjack stock is overfished and has not rebuilt as expected. 
Thus, the Council determined that a more cautious approach was 
warranted and chose to recommend reducing the commercial trip limit.
    At its October 2023 meeting, the Council discussed the impact of 
the required reduction to the 2024 commercial catch limits as a result 
of landings exceeding the ACL in 2023. The Council expressed concern 
about constraining landings to the reduced catch limits under the 
current trip limit when the commercial season opens in January 2024, 
which could potentially result in another commercial overage in 2024 
and further reduce the harvest for

[[Page 42415]]

2025. Since the reduced commercial trip limit in this proposed rule, if 
implemented, would not be effective until later in 2024, the Council 
requested that NMFS implement an emergency action to reduce the 
commercial trip limit to seven fish. NMFS and the Council expected this 
lower trip limit to benefit the greater amberjack stock by increasing 
the duration of the commercial open season, which is expected to result 
in fewer regulatory discards (i.e., discards required after the quota 
has been reached). On December 18, 2023, a final temporary rule for 
emergency action for Gulf greater amberjack was published in the 
Federal Register and is effective through June 15, 2024 (88 FR 87365).
    For this action, the Council considered three other commercial trip 
limit alternatives which ranged from a five fish to an eight fish trip 
limit (approximately a range of 150 lb (68 kg), gutted weight to 257 lb 
(117 kg), gutted weight. They also considered a 250 lb (113 kg), gutted 
weight (260 lb (118 kg), round weight) trip limit. For the Council's 
preferred trip limit alternative action, the Council decided to specify 
the trip limit in numbers of fish instead of pounds of fish based in 
part on recommendations from its Reef Fish Advisory Panel (AP) and the 
Law Enforcement Technical Committee on their preferred way to specify 
the commercial trip limit. A trip limit in numbers of fish is more 
enforceable and reduces the chance of commercial fishermen exceeding 
the trip limit.
    The Council decided that the reduced trip limit, which would extend 
the commercial fishing season as long as practicable, was a more 
desirable solution. This proposed trip limit alternative is expected to 
allow for as many fishing days as practicable while reducing the chance 
of exceeding the reduced lower catch limits implemented under the final 
rule for Amendment 54, and addresses needs of the rebuilding plan.
    In the framework action, the Council also decided to recommend 
modifying the Gulf greater amberjack recreational fixed closed season 
in order to extend the recreational fishing season and to protect 
greater amberjack spawning. As described in the framework action, under 
the current recreational season structure, which opens on August 1, 
projections indicate that the season would only last approximately 3 
weeks. Gulf greater amberjack is a common target species for the reef 
fish recreational sector. Like the commercial sector, when recreational 
landings for greater amberjack reach or are projected to reach the 
recreational ACT, NMFS closes the recreational sector for the remainder 
of the fishing year and any overage of the recreational ACL is reduced 
from the following fishing year's recreational ACT and ACL (50 CFR 
622.41(a)(2)). NMFS notes that when the Gulf greater amberjack 
recreational sector is closed, the species remains a popular catch and 
release fish.
    In 2012, the final rule implementing Amendment 35 established a 
Gulf greater amberjack recreational fixed closed season of June 1 to 
July 31 to restrict harvest during times of peak recreational fishing. 
In 2017, NMFS implemented a framework action under the FMP to set the 
Gulf greater amberjack recreational fixed closed season to January 1 
through June 31 to protect greater amberjack spawning and allow the 
Council additional time to consider further modify the fixed closed 
season (82 FR 61485, December 28, 2017). In 2018, NMFS implemented a 
framework action under the FMP that revised the recreational fishing 
year from the calendar year (January 1 through December 31) to be from 
August 1 through July 31, and modified the Gulf greater amberjack 
recreational fixed closed season to be from November 1 through April 30 
and from June 1 through July 31 (83 FR 13426, March 29, 2018). This 
meant that until the recreational ACT is reached or projected to be 
reached, recreational harvest is allowed during the months of August 
through October, and during the month of May. The current fixed closed 
season prohibits harvest during the peak greater amberjack spawning 
period in the majority of the Gulf (i.e., March and April) and allows 
for both a fall and spring recreational season if no in-season closure 
is required.
    For the present action, the Council decided to recommend modifying 
the recreational fixed closed season in response to the substantial 
recreational catch limit reductions implemented through the final rule 
for Amendment 54 in order to lengthen the recreational fishing season 
and to protect the greater amberjack stock during all documented 
spawning periods in the Gulf (i.e., March through June). This change to 
the recreational fixed closed season, from the current closures of 
January 1 through April 30, from June 1 through July 31, and from 
November 1 through December 31, each year, to new closures from January 
1 through August 31, and from November 1 through December 31, each 
year, would eliminate the spring recreational season. The revised 
recreational closure would allow for protection of the stock during the 
entire spawning period in the Gulf.
    As described in the framework action, this proposed fixed closed 
season modification is projected to allow the recreational fishing 
season to be open for all of September and most of October (i.e., 
projected to extend to October 26th) each year. However, if 
recreational effort were to shift as a result of the fixed closed 
season change, then it is possible a recreational closure may occur 
earlier during the open season.
    The Council considered four other fixed closed season alternatives 
in the framework action which are discussed in the Classification of 
this proposed rule. However, the Council determined that most of these 
fixed closed season alternatives had too much uncertainty due to 
limited historic data, did not extend the season as intended, or 
allowed harvest to occur during spawning. As with the commercial 
sector, the Council determined that a more cautious approach for 
management was warranted in order to meet the rebuilding timeline.

Management Measures Contained in This Proposed Rule

    If implemented, this proposed rule would revise the commercial trip 
limit and recreational fixed closed season for Gulf greater amberjack.

Commercial Trip Limit

    The existing regulations set the commercial trip limit for Gulf 
greater amberjack at 1,000 lb (454 kg), gutted weight (1,040 lb (472 
kg), round weight), with a reduction to 250 lb (113 kg), gutted weight 
(260 lb (118 kg), round weight) when 75 percent of the commercial quota 
has been reached. This proposed rule would instead reduce the 
commercial trip limit to seven fish. Once the commercial quota has been 
reached, the commercial sector will close and commercial harvest is 
prohibited (50 CFR 622.41(a)(1)(i)).
    As described in the framework action, the proposed trip limit 
reduction to seven fish (i.e., approximately 210 lb (95 kg), gutted 
weight (218 lb (99 kg), round weight) is expected to extend the length 
of the commercial fishing season into September, which would not occur 
under the status quo commercial trip limit. However, a commercial in-
season closure in 2024 is projected to occur under the reduced trip 
limit sometime in June. As described in the framework action, if no 
commercial ACL overage occurs in 2024, an in-season closure under a 
seven fish trip limit is expected to occur in September of 2025.
    In recommending this trip limit, the Council recognized that the 
Gulf greater amberjack stock is overfished and has not rebuilt as 
expected under the

[[Page 42416]]

current and previous rebuilding plans. NMFS determined, in accordance 
with the Council's findings, that a more cautious approach for the 
commercial fishery was warranted and chose to substantially reduce the 
commercial trip limit.

Recreational Fixed Closed Season

    The current Gulf greater amberjack recreational fixed closed season 
is from January 1 through April 30, June 1 through July 31, and 
November 1 through December 31, each year. This proposed rule would 
revise the closed season to January 1 through August 31, and November 1 
through December 31, each year. This would result in the recreational 
season being scheduled to be open from September 1 through October 31, 
each year. NMFS notes that during the closure, the recreational bag and 
possession limit for greater amberjack in or from the Gulf exclusive 
economic zone (EEZ) is zero (50 CFR 622.34(c)).

Measure Contained in This Proposed Rule but Not Contained in the 
Framework Action

    In addition to the Gulf greater amberjack management measures in 
the framework action, this proposed rule would clarify language related 
to the Gulf red snapper Federal charter vessel/headboat (for-hire) 
component quota (50 CFR 622.39(a)(2)(i)(B)) and the Gulf red snapper 
Federal for-hire component ACT (50 CFR 622.41(q)(2)(iii)(B)). When 
Amendment 40 to the FMP was implemented in 2015 and allocated the 
recreational ACL (quota) between the Federal for-hire and private 
angling components, the provisions referenced above specified that the 
Federal for-hire quota and ACT apply ``to vessels that have been issued 
a valid Federal charter vessel/headboat permit for Gulf reef fish any 
time during the fishing year.'' (80 FR 22422, April 22, 2015). This 
language was necessary to maintain the selected allocation between the 
components by allowing only those vessels issued the Federal for-hire 
permit during the fishing year to harvest red snapper under the for-
hire component quota.
    Subsequently, NMFS determined that it would be helpful to clarify 
these provisions to specify the restrictions on harvest and possession 
of red snapper when the for-hire season is closed by adding the 
following language: ``A person aboard a vessel that has been issued a 
charter vessel/headboat permit for Gulf reef fish any time during the 
fishing year may not harvest or possess red snapper in or from the Gulf 
when the Federal charter vessel/headboat component is closed'' (85 FR 
6819, February 6, 2020; 88 FR 37475 June 8, 2023). In this proposed 
rule, and consistent with Amendment 40, NMFS proposes to add additional 
clarifying language to specify the restrictions on harvest and 
possession of red snapper when the for-hire season is open. This 
language would provide that when the Federal charter for-hire component 
is open, a person on board a vessel that has been issued a for-hire 
permit for Gulf reef fish at any time during the fishing year may 
harvest or possess red snapper in or from the Gulf only when the vessel 
is operating as a charter vessel or headboat.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the framework action, the FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866. The Magnuson-Stevens Act provides 
the legal basis for this proposed rule. No duplicative, overlapping, or 
conflicting Federal rules have been identified. In addition, no new 
reporting and record-keeping requirements are introduced by this 
proposed rule. This proposed rule contains no information collection 
requirements under the Paperwork Reduction Act of 1995.
    NMFS prepared an IRFA for this proposed rule, as required by 
section 603 of the Regulatory Flexibility Act (RFA), 5 U.S.C. 603. The 
IRFA describes the economic impact this proposed rule, if adopted, 
would have on small entities. A description of this proposed rule, why 
it is being considered, and the purposes of this proposed rule are 
contained in the SUMMARY and SUPPLEMENTARY INFORMATION sections of the 
preamble. A copy of the full analysis is available from NMFS (see 
ADDRESSES). A summary of the IRFA follows. The objectives of this 
proposed rule are to maintain commercial and recreational access to the 
greater amberjack component of the Gulf reef fish fishery, given the 
substantial ACL decreases under the Gulf greater amberjack rebuilding 
plan in Amendment 54, and ensure anglers and for-hire vessel operators 
understand that a person on a vessel issued a Gulf for-hire permit at 
any time during the fishing year can only harvest red snapper if the 
vessel is operating as a for-hire vessel. All monetary estimates in the 
following analysis are in 2021 dollars.
    The existing regulations set the commercial trip limit for Gulf 
greater amberjack at 1,000 lb (454 kg), gutted weight (1,040 lb (472 
kg), round weight), with a reduction to 250 lb (113 kg), gutted weight 
(260 lb (118 kg), round weight) when 75 percent of the commercial quota 
has been reached. This proposed rule would instead reduce the 
commercial trip limit to seven fish. This proposed rule would also 
establish the new commercial trip limit based on numbers of fish rather 
than on weight. As described in the framework action, a trip limit of 
seven fish is approximately equal to 210 lb (95 kg), gutted weight (218 
lb (99 kg), round weight).
    This proposed rule would also modify the recreational fixed closed 
season for Gulf greater amberjack from the original dates of November 1 
through April 30 and June 1 through July 31 to the new dates of August 
1 through August 31 and November 1 through July 31.
    This proposed rule would also clarify language in the regulations 
related to the Gulf red snapper Federal charter vessel/headboat 
component quota and the Gulf red snapper Federal charter vessel/
headboat component ACT.
    Specifically, the regulations would be modified to clarify that a 
person on a vessel issued a Gulf for-hire permit at any time during the 
fishing year can only harvest red snapper if the vessel is operating as 
a for-hire vessel.
    Given these proposed actions, this proposed rule is expected to 
regulate commercial fishing businesses and charter vessel/headboat 
(for-hire) fishing businesses that harvest Gulf greater amberjack. The 
action to clarify existing regulations related to the Gulf red snapper 
Federal charter vessel/headboat component quota and the Gulf red 
snapper Federal charter vessel/headboat component ACT are 
administrative in nature, and thus would not regulate or directly 
affect any entities.
    A valid commercial Gulf reef fish vessel permit is required in 
order for commercial fishing vessels to legally harvest greater 
amberjack in the Gulf. At the end of 2020, 837 vessels possessed valid 
commercial Gulf reef fish vessel permits. However, not all vessels with 
a commercial Gulf reef fish permit actually harvest greater amberjack 
in the Gulf. From 2017 through 2021, the average number of vessels that 
commercially harvested Gulf greater amberjack was 199. Ownership data 
regarding vessels that harvest Gulf greater amberjack are incomplete 
which prohibits accurately determining affiliations between these 
particular

[[Page 42417]]

vessels. Since determining ownership affiliations is not currently 
feasible, for the purposes of this analysis, NMFS assumes each of these 
vessels is independently owned by a single business. NMFS expects this 
assumption to result in an overestimate of the actual number of 
commercial fishing businesses regulated by this proposed rule. Thus, it 
is assumed this proposed rule would regulate 199 commercial fishing 
businesses.
    Although the proposed changes to the recreational fixed closed 
season would apply to recreational private anglers, the RFA does not 
consider recreational private anglers to be entities. Small entities 
include small businesses, small organizations, and small governmental 
jurisdictions (see 5 U.S.C. 601(6) and 601(3)-(5)). Recreational 
private anglers are not businesses, organizations, or governmental 
jurisdictions and so they are outside the scope of this analysis (see 5 
U.S.C. 603).
    A valid Federal charter vessel/headboat (for-hire) permit for Gulf 
reef fish is required to legally harvest greater amberjack in the Gulf 
from a for-hire vessel. NMFS does not possess complete ownership data 
for vessels that hold charter vessel/headboat Gulf reef fish vessel 
permits and thus potentially harvest greater amberjack. Therefore, 
accurately determining affiliations between these vessels and the 
businesses that own them is not currently feasible. As a result, for 
purposes of this analysis, NMFS assumes each for-hire vessel is 
independently owned by a single business, which is expected to result 
in an overestimate of the actual number of for-hire fishing businesses 
regulated by this proposed rule.
    NMFS also does not have data indicating how many for-hire vessels 
actually harvest Gulf greater amberjack in a given year. In 2020, there 
were 1,289 vessels with valid charter-headboat Gulf reef fish vessel 
permits. Of these 1,289 vessels, 803 were homeported in Florida. Of 
these 803 vessels, 62 are primarily used for commercial fishing rather 
than for-hire fishing purposes and thus are not considered for-hire 
fishing businesses (i.e., 1,227 vessels are for-hire fishing 
businesses). In addition, 46 of the permitted vessels are considered 
headboats. However, headboats take a relatively large, diverse set of 
anglers to harvest a diverse range of species on a trip and therefore 
do not typically target a particular species. Therefore, NMFS assumes 
that no headboat trips would be canceled, and thus no headboats would 
be directly affected as a result of this proposed rule.
    Charter vessels often target greater amberjack. Of the 803 vessels 
with valid charter-headboat Gulf reef fish vessel permits that are 
homeported in Florida, 62 are primarily commercial fishing vessels and 
46 are headboats, while the remaining 695 are charter vessels. As 
described in the framework action, 76 percent of charter vessels with 
valid charter-headboat permits in the Gulf were active in 2017 (i.e., 
24 percent were not fishing). A charter vessel would only be directly 
affected by this proposed rule if it is fishing. Given this 
information, NMFS' best estimate of the number of charter vessels that 
are likely to target Gulf greater amberjack in a given year is 528. 
Thus, this proposed rule is estimated to regulate 528 for-hire fishing 
businesses.
    For RFA purposes, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (NAICS Code 114111 (50 CFR 200.2)). A 
business primarily involved in the commercial fishing industry is 
classified as a small business if it is independently owned and 
operated, is not dominant in its field of operation (including its 
affiliates), and its combined annual receipts (i.e., revenue) are not 
in excess of $11 million for all of its affiliated operations 
worldwide. From 2017 through 2021, the maximum annual gross revenue 
earned by a single commercial reef fish vessel during this time was 
about $3.19 million, while the average annual gross revenue for a 
vessel commercially harvesting Gulf greater amberjack was $194,894. 
Based on this information, all commercial fishing businesses regulated 
by this proposed rule are determined to be small entities for the 
purpose of this analysis.
    For other industries, the Small Business Administration has 
established size standards for all major industry sectors in the U.S., 
including for-hire businesses (NAICS code 487210). A business primarily 
involved in for-hire fishing is classified as a small business if it is 
independently owned and operated, is not dominant in its field of 
operation (including its affiliates) and has annual receipts (i.e., 
revenue) not in excess of $14.0 million for all its affiliated 
operations worldwide. The maximum annual gross revenue for a single 
headboat in the Gulf was about $1.45 million in 2017. On average, 
annual gross revenue for headboats in the Gulf is about three times 
greater than the annual gross revenue for charter vessels, reflecting 
the fact that businesses that own charter vessels are typically smaller 
than businesses that own headboats. Based on this information, all for-
hire fishing businesses regulated by this proposed rule are determined 
to be small businesses for the purpose of this analysis.
    If implemented, NMFS expects this proposed rule to directly affect 
199 of the 837 commercial fishing businesses that possess a valid 
commercial Gulf reef fish permit (approximately 24 percent of those 
commercial fishing businesses). Further, NMFS expects this proposed 
rule to directly affect 528 of the 1,227 for-hire fishing businesses 
with valid Federal charter vessel/headboat permits in the Gulf reef 
fish fishery (approximately 43 percent of those for-hire fishing 
businesses). For the purpose of this analysis, all affected commercial 
and for-hire fishing businesses are small entities. Based on this 
information, NMFS expects the proposed rule to affect a substantial 
number of small entities.
    For vessels that commercially harvest greater amberjack in the 
Gulf, currently available data indicates that economic profits are 
approximately 38 percent of annual average gross revenue. Given that 
their average annual gross revenue is $194,894, annual average economic 
profit per vessel is estimated to be approximately $74,060. This 
proposed rule would reduce the commercial trip limit for greater 
amberjack to seven fish. As described in the framework action, a trip 
limit of seven fish is approximately equal to 210 lb (95 kg), gutted 
weight; 218 lb (99 kg), round weight. This proposed rule is expected to 
lengthen the commercial fishing season for greater amberjack.
    Economic effects expected to result from changes in commercial trip 
limits would typically include changes in ex-vessel revenues and 
profits of commercial fishing businesses. However, based on the 
relatively small size of the greater amberjack commercial ACT and 
harvest projections, commercial fishing businesses are projected to 
harvest all of the allocated commercial quota regardless of the 
commercial trip limit. Therefore, changes in ex-vessel revenues and 
profits for commercial fishing businesses would not be expected to 
result from the proposed action to change the commercial trip limit 
from 1,000 lb (454 kg) gutted weight, to seven fish.
    Based on the most recent information available, average annual 
profit is $27,000 per charter vessel. Net Cash Flow per Angler Trip 
(CFpA) is the best available estimate of profit per angler 
trip by charter vessels. CFpA on charter vessels is 
estimated to be $149 per

[[Page 42418]]

angler trip. Expected changes in charter trips targeting greater 
amberjack were derived from projected closure dates of the proposed 
action to modify the recreational fixed closed season, and from the 
average distribution of greater amberjack target trips by wave and mode 
between 2018 and 2021. Assuming there is no shift in effort, it is 
estimated that the change in the recreational fixed closed season would 
result in a decrease to the number of charter trips targeting greater 
amberjack by 195 trips, and thereby decrease the profits to charter 
fishing businesses by $29,108. On average, this would decrease profits 
by $55 per vessel. Thus, economic profits are expected to be reduced by 
0.2 percent on average per charter fishing business.
    Three alternatives, including the status quo, were considered for 
the proposed action to modify the commercial trip limit for Gulf 
greater amberjack and establish a new commercial trip limit based on 
numbers of fish rather than weight. The first alternative, the status 
quo, would have retained the current commercial trip limit for Gulf 
greater amberjack of 1,000 lb (454 kg), gutted weight (1,040 lb (472 
kg,) round weight). Additionally, when 75 percent of the ACT is 
projected to be reached, the commercial trip limit would have been 
reduced to 250 lb (113 kg), gutted weight (260 lb (118 kg) round 
weight). This alternative would have allowed some targeting of greater 
amberjack to continue. However, the Council did not recommend, and NMFS 
did not select, this alternative because it would not modify the trip 
limit from pounds of fish, which is more difficult to enforce compared 
to a count of fish. This alternative is also expected to result in the 
shortest overall season, which is contrary to the objectives of the 
framework action.
    The second alternative would have established a commercial trip 
limit of eight fish. A trip limit of eight fish is approximately equal 
to 257 lb (117 kg), gutted weight; 267 lb (121 kg), round weight. The 
Council did not recommend and NMFS did not select this alternative 
because it is not expected to extend the commercial season as long as 
the proposed action would.
    The third alternative would have established a commercial trip 
limit of five fish. A trip limit of five fish is approximately equal to 
150 lb (68 kg), gutted weight; 155 lb (70 kg), round weight. Like the 
proposed action, this alternative would have modified the trip limit 
from pounds of fish to numbers of fish. Although this trip limit would 
have resulted in the longest commercial season, the Council did not 
recommend and NMFS did not select this alternative because it was 
deemed to be too restrictive.
    Two alternatives, including the status quo, were considered for the 
proposed action to modify the recreational fixed closed season for Gulf 
greater amberjack. The first alternative, the status quo, would have 
retained the current recreational fixed closed season of November 1 
through April 30 and June 1 through July 31. As described in the 
framework action, this alternative was not selected because it results 
in the shortest projected season (i.e., 21 days), which could promote 
race to fish (i.e., derby-like) fishing behavior, and does not protect 
the stock during spawning periods. As described in the framework 
action, the Council also expressed a desire for a longer season length 
rather than a split season and a fishing season start date in August. 
Further, this alternative gives the least flexibility to for-hire 
operators with respect to rescheduling trips due to inclement weather 
or other constraints with the short-projected season. For all of the 
reasons stated above, NMFS agrees with the Council's decision not to 
recommend the status quo alternative.
    The second alternative would have modified the recreational fixed 
closed season to be August 1 through August 31, October 1 through April 
30, and June 1 through July 31. Although this alternative would have 
been expected to result in a greater amount of charter trips targeting 
Gulf greater amberjack compared to the status quo, it still allows for 
harvest during the spawning season. The Council did not recommend and 
NMFS did not select this alternative because it does not protect the 
stock during spawning periods as described in the framework action, 
which ultimately could have negative long-term effects if the stock 
does not rebuild.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Greater amberjack, Gulf, 
Recreational, Red snapper, Reef fish.

    Dated: May 8, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

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

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

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

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

0
2. In Sec.  622.34, revise paragraph (c) to read as follows:


Sec.  622.34   Seasonal and area closures designed to protect Gulf reef 
fish.

* * * * *
    (c) Seasonal closure of the recreational sector for greater 
amberjack. The recreational sector for greater amberjack in or from the 
Gulf EEZ is closed from January 1 through August 31 and from November 1 
through December 31 each year. During the closure, the bag and 
possession limit for greater amberjack in or from the Gulf EEZ is zero.
* * * * *
0
3. In Sec.  622.39, revise paragraph (a)(2)(i)(B) to read as follows:


Sec.  622.39   Quotas.

* * * * *
    (a) * * *
    (2) * * *
    (i) * * *
    (B) Federal charter vessel/headboat component quota. The Federal 
charter vessel/headboat component quota applies to vessels that have 
been issued a valid Federal charter vessel/headboat permit for Gulf 
reef fish any time during the fishing year. A person aboard a vessel 
that has been issued a charter vessel/headboat permit for Gulf reef 
fish any time during the fishing year may not harvest or possess red 
snapper in or from the Gulf when the Federal charter vessel/headboat 
component is closed. When the Federal charter vessel/headboat component 
is open, a person on board a vessel that has been issued a charter 
vessel/headboat permit for Gulf reef fish at any time during the 
fishing year may harvest or possess red snapper in or from the Gulf 
only when the vessel is operating as a charter vessel or headboat. The 
Federal charter vessel/headboat component quota is 3,380,574 lb 
(1,533,403 kg), round weight.
* * * * *
0
4. In Sec.  622.41, revise paragraph (q)(2)(iii)(B) to read as follows:


Sec.  622.41   Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (q) * * *
    (2) * * *
    (iii) * * *
    (B) Federal charter vessel/headboat component ACT. The Federal 
charter vessel/headboat component ACT applies to vessels that have been 
issued a valid Federal charter vessel/headboat permit for Gulf reef 
fish any time during the fishing year. A person aboard a

[[Page 42419]]

vessel that has been issued a charter vessel/headboat permit for Gulf 
reef fish any time during the fishing year may not harvest or possess 
red snapper in or from the Gulf when the Federal charter vessel/
headboat component is closed. When the Federal charter vessel/headboat 
component is open, a person on board a vessel that has been issued a 
charter vessel/headboat permit for Gulf reef fish at any time during 
the fishing year may harvest or possess red snapper in or from the Gulf 
only when the vessel is operating as a charter vessel or headboat. The 
component ACT is 3,076,322 lb (1,395,396 kg), round weight.
* * * * *
0
5. In Sec.  622.43, revise paragraph (a) to read as follows:


Sec.  622.43   Commercial trip limits.

* * * * *
    (a) Greater amberjack. Until the commercial quota specified in 
Sec.  622.39(a)(1)(v) is reached--7 fish. See Sec.  622.39(b) for the 
limitations regarding greater amberjack after the quota is reached.
* * * * *
[FR Doc. 2024-10475 Filed 5-14-24; 8:45 am]
BILLING CODE 3510-22-P