Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Amendment 55, 12287-12291 [2025-04025]

Download as PDF Federal Register / Vol. 90, No. 50 / Monday, March 17, 2025 / Proposed Rules (2) By hard copy: Submit by U.S. mail to: Public Comments Processing, Attn: FWS–R6–ES–2024–0186, U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041– 3803. We request that you send comments only by the methods described above. We will post all comments on https:// www.regulations.gov. This generally means that we will post any personal information you provide us (see Public Comments, below, for more information). FOR FURTHER INFORMATION CONTACT: Hilary Cooley, Grizzly Bear Recovery Coordinator, U.S. Fish and Wildlife Service, #356 Corbin, University of Montana, Missoula, MT 59812; telephone 406–243–4903. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-ofcontact in the United States. SUPPLEMENTARY INFORMATION: Background ddrumheller on DSK120RN23PROD with PROPOSALS1 Under the authority of the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.), we, the U.S. Fish and Wildlife Service, published a proposed rule on January 15, 2025, to revise the listing of the grizzly bear (Ursus arctos horribilis) in the lower-48 States with revised protective regulations under section 4(d) of the Act (90 FR 4234). The proposed rule opened a 60-day comment period, which ends on March 17, 2025. To give all interested parties an additional opportunity to comment on the proposed rule, we are extending the comment period for a period of 60 days. Please refer to the proposed rule for more information on our proposed action and the specific information we seek. Additional information about the proposed rule, including supplementary materials and the comments received, is available in Docket No. FWS–R6–ES– 2024–0186 on https:// www.regulations.gov. Public Comments If you already submitted comments or information on the January 15, 2025 (90 FR 4234), proposed rule, please do not resubmit them. Any such comments are incorporated as part of the public record of the rulemaking proceeding, and we will fully consider them in the preparation of our final determination. VerDate Sep<11>2014 16:32 Mar 14, 2025 Jkt 265001 Comments should be as specific as possible. Please include sufficient information with your submission (such as scientific journal articles or other publications) to allow us to verify any scientific or commercial information you include. Please note that submissions merely stating support for, or opposition to, the action under consideration without providing supporting information, although noted, will not be considered in making a determination, as section 4(b)(1)(A) of the Act directs that determinations as to whether any species is an endangered species or a threatened species must be made solely on the basis of the best scientific and commercial data available. You may submit your comments and materials by one of the methods listed in ADDRESSES. We request that you send comments only by the methods described in ADDRESSES. If you submit information via https:// www.regulations.gov, your entire submission—including your personal identifying information—will be posted on the website. If your submission is made via a hardcopy that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy submissions on https://www.regulations.gov. Paul Souza, Regional Director, Region 8 Exercising the Delegated Authority of the Director U.S. Fish and Wildlife Service. [FR Doc. 2025–04269 Filed 3–14–25; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 RIN 0648–BN30 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic; Amendment 55 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Announcement of availability of fishery management plan amendment; request for comments. AGENCY: The South Atlantic Fishery Management Council (Council) submitted Amendment 55 to the Fishery SUMMARY: PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 12287 Management Plan for the SnapperGrouper Fishery of the South Atlantic (FMP) for review, approval, and implementation by NMFS. If approved by the Secretary of Commerce, Amendment 55 would remove yellowmouth grouper from the other South Atlantic shallow water grouper complex (other SASWG) and establish a new scamp and yellowmouth grouper complex. Amendment 55 would also establish status determination criteria (SDC), a rebuilding plan, catch levels, sector allocations, sector management measures, and accountability measures (AMs) for the new complex; and establish catch levels for the revised other SASWG complex. The purpose of Amendment 55 is to rebuild the scamp and yellowmouth grouper stock, and achieve optimum yield (OY) while minimizing, to the extent practicable, adverse social and economic effects. DATES: Written comments on Amendment 55 must be received on or before May 16, 2025. ADDRESSES: You may submit comments on Amendment 55, identified by ‘‘NOAA–NMFS–2024–0132,’’ by either of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov and enter ‘‘NOAA– NMFS–2024–0132’’ in the Search box. Click the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Nikhil Mehta, 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 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 Amendment 55, which includes a fishery impact statement and a regulatory impact review, may be obtained from the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/ amendment-55-establish-new-scampand-yellowmouth-grouper-complexrebuilding-plan-catch. E:\FR\FM\17MRP1.SGM 17MRP1 12288 Federal Register / Vol. 90, No. 50 / Monday, March 17, 2025 / Proposed Rules The unique identification number for the environmental review for Amendment 55 is: EAXX–006–48–1SE– 1730464344. FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727–824– 5305, or email: nikhil.mehta@noaa.gov. SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires each regional fishery management council to submit any fishery management plan or amendment to such a plan to the Secretary of Commerce for review and approval, partial approval, or disapproval. The Magnuson-Stevens Act also requires that NMFS, upon receiving a fishery management plan or amendment to such a plan, publish an announcement in the Federal Register notifying the public that the plan or amendment is available for review and comment. The Council prepared the FMP that is being revised by Amendment 55. If approved, Amendment 55 would be implemented by NMFS through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Act. ddrumheller on DSK120RN23PROD with PROPOSALS1 Background NMFS and the Council manage the South Atlantic snapper-grouper fishery, which includes scamp, yellowmouth grouper, and the species in the other SASWG complex, under the FMP, in Federal waters from North Carolina south to the Florida Keys in the South Atlantic. The Magnuson-Stevens Act requires that NMFS and regional fishery management councils prevent overfishing and achieve, on a continuing basis, the OY from federally managed fish stocks. These mandates are intended to ensure that fishery resources are managed for the greatest overall benefit to the Nation, particularly with respect to providing food production and recreational opportunities, and protecting marine ecosystems. To further this goal, the Magnuson-Stevens Act requires fishery managers to minimize bycatch and bycatch mortality to the extent practicable. Unless otherwise noted, all weights in this document are described in round weight. The South Atlantic stock of scamp was assessed for the first time through the Southeast Data, Assessment, and Review (SEDAR) 68 Research Track (RT) assessment in September 2021 (SEDAR 68 RT [2021]). In 2020, the first stage of the SEDAR 68 data process was a Stock Identification (ID) Workshop (SEDAR 68 Stock ID Workshop [2020]), which VerDate Sep<11>2014 16:32 Mar 14, 2025 Jkt 265001 concluded that scamp are very difficult to distinguish from yellowmouth grouper and thus, much of the assessment data likely represents both species in unknown proportions. The SEDAR 68 Stock ID Workshop (2020) recommended that the stock assessment be conducted on both scamp and yellowmouth grouper jointly, with the two species treated as a single complex because of the known species identification issues. This recommendation resulted in the SEDAR 68 Operational Assessment [OA], which was completed in 2022 (SEDAR 68 OA [2022]). The stock status for scamp and yellowmouth grouper was unknown prior to completion of the two assessments. The Council’s Scientific and Statistical Committee (SSC) reviewed the SEDAR 68 OA (2022) at their April 2023 meeting. The assessment included data through 2021 and incorporated the revised landings estimates for recreational catch using the Marine Recreational Information Program (MRIP) Fishing Effort Survey (FES). The results of the SEDAR 68 OA assessment indicated that the scamp and yellowmouth grouper stock is overfished but not undergoing overfishing. The Council’s SSC determined that the assessment was conducted using the best scientific information available and was adequate for determining stock status and supporting total fishing level recommendations. NMFS notified the Council of the overfished status of the scamp and yellowmouth grouper stocks via letter dated September 21, 2023. Following a notification from NMFS to a Council that a stock is overfished, the Magnuson-Stevens Act requires the Council to develop an FMP amendment with actions that rebuild the affected stock. Therefore, the Council developed Amendment 55 to respond to the results of SEDAR 68 OA (2022). Amendment 25 to the FMP (Comprehensive Annual Catch Limit Amendment) (77 FR 15916, March 16, 2012) established single species and species complex annual catch limits (ACLs) and AMs. Single species ACLs were established for assessed and targeted species, species where ACL=0, and species that could not be placed in a complex based on the criteria below. Scamp was one of the species that met the criteria for a single species ACL. Complex ACLs for groups of species were established for other snappergrouper species using associations based on one or more of the following: life history, catch statistics from commercial logbook and observer data, recreational headboat logbook and private/charter survey, and fishery-independent data. PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 Based on the criteria for complex ACLs in Amendment 25, yellowmouth grouper was included in the other SASWG complex along with red hind, rock hind, yellowfin grouper, coney, and graysby. Regulatory Amendment 13 to the FMP updated the commercial and recreational ACLs for select unassessed species including scamp and yellowmouth grouper (78 FR 36113, June 17, 2013). Amendment 29 to the FMP established the current commercial and recreational ACLs for scamp and yellowmouth grouper (80 FR 30947, June 1, 2015). Actions Contained in Amendment 55 Amendment 55 would remove yellowmouth grouper from the other SASWG complex and establish a new scamp and yellowmouth grouper complex. For the new complex, Amendment 55 would establish SDC, a rebuilding plan, the total ACL, sector ACLs, recreational bag limits, commercial trip limits, and AMs. Amendment 55 would also revise the total ACL and sector ACLs for the species remaining within the other SASWG complex. Reorganization of Complexes Yellowmouth grouper is currently part of the other SASWG complex containing rock hind, red hind, coney, graysby, yellowmouth grouper, and yellowfin grouper. Amendment 55 would remove yellowmouth grouper from the other SASWG complex and establish a new complex containing both scamp and yellowmouth grouper. Rock hind, red hind, coney, graysby, and yellowfin grouper would remain in the reorganized other SASWG complex. SDC Scamp and Yellowmouth Grouper Complex Maximum Sustainable Yield There is no maximum sustainable yield (MSY) value for the scamp and yellowmouth grouper complex. Amendment 55 would establish the MSY proxy as the yield when fishing at the fishing mortality rate (F) that produces a spawning potential ratio (SPR) of 40 percent for the scamp and yellowmouth grouper complex. MSY is defined as the largest long-term average catch that can be taken from a stock under current conditions. Currently, scamp (individually) and yellowmouth grouper (as part of the other SASWG complex) have MSY proxies of F30%SPR; however, SEDAR 68 OA (2022) recommended an MSY proxy for the scamp and yellowmouth grouper stock complex of F40%SPR. As described in Amendment 55, the MSY proxy recommendation is to use E:\FR\FM\17MRP1.SGM 17MRP1 Federal Register / Vol. 90, No. 50 / Monday, March 17, 2025 / Proposed Rules F30%SPR for very resilient stocks and use F40%SPR for species with lifehistory characteristics consistent with scamp and yellowmouth grouper. In March 2023 the Council received a letter from NMFS Southeast Fisheries Science Center (SEFSC) stating that the best scientific information available recommends that F40%SPR is more likely than F30%SPR to achieve a level of biomass that would produce the MSY for the scamp and yellowmouth grouper stock complex. Therefore, the Council decided to establish the MSY proxy of F40%SPR for the scamp and yellowmouth grouper complex. ddrumheller on DSK120RN23PROD with PROPOSALS1 Scamp and Yellowmouth Grouper Complex Maximum Fishing Mortality Threshold There is no maximum fishing mortality threshold (MFMT) for the scamp and yellowmouth grouper complex. Amendment 55 would establish MFMT equal to F40%SPR for the scamp and yellowmouth grouper complex, with a currently estimated value of 0.28. MFMT is defined as the level of fishing mortality above which overfishing is occurring. Currently, scamp (individually) and yellowmouth grouper (as part of the other SASWG complex) have a MFMT equal to the MSY proxy of F30%SPR; however, SEDAR 68 OA (2022) recommended a MFMT equal to the MSY proxy of the yield at F40%SPR for the scamp and yellowmouth grouper stock complex. The Council determined that the proposed MFMT is based on the best scientific information available and would be consistent with the proposed MSY. Scamp and Yellowmouth Grouper Complex Minimum Stock Size Threshold There is no minimum stock size threshold (MSST) for the scamp and yellowmouth grouper complex. Amendment 55 would establish MSST equal to 75 percent of the spawning stock biomass (SSB) at F40%SPR, with a currently estimated value of 801.60 metric tons. MSST is defined as the SSB level below which a stock is declared overfished. Currently, scamp (individually) and yellowmouth grouper (as part of the other SASWG complex) have a MSST equal to the SSB at MSY (SSBMSY) times either one minus the natural mortality (M) or 0.5, whichever is greater. However, SEDAR 68 OA (2022) defined the MSST as 75 percent of SSB at F40%SPR for the scamp and yellowmouth grouper stock complex. The Council determined that the proposed MSST for the scamp and yellowmouth grouper stock complex VerDate Sep<11>2014 16:32 Mar 14, 2025 Jkt 265001 would be based on the best scientific information available. Scamp and Yellowmouth Grouper Complex OY There is no OY for the scamp and yellowmouth grouper complex. Amendment 55 would establish an OY of 95 percent MSY for the scamp and yellowmouth grouper complex. In Amendment 55 the OY would be 353,670 pounds (lb) (160,422 kilograms (kg)) and the MSY would be 372,280 lb (168,863 kg). OY is the long-term average yield desired from a stock or fishery as reduced from MSY for the fishery based on relevant economic, social, and ecological factors. The Council acknowledged the uncertainty in landings estimates for scamp and yellowmouth grouper but noted that scientific uncertainty had been appropriately accounted for and the 5 percent buffer between OY and the MSY would account for the uncertainty in social, economic, and biological factors. Rebuilding Plan for the South Atlantic Scamp and Yellowmouth Grouper Stock Complex Amendment 55 would establish a 10year rebuilding plan for the complex, which is the longest allowable rebuilding scenario (Tmax) allowed by the Magnuson-Stevens Act (16 U.S.C. 1854(e)(4)(A)). In addition, the Magnuson-Stevens Act National Standard 1 Guidelines state that if the stock is projected to rebuild in 10 years or less, then Tmax is 10 years (50 CFR 600.310(j)(3)(i)(B)(1)). The Council’s preferred choice of the 10-year timeframe for rebuilding in Amendment 55 beginning in 2025, is intended to reduce the severity of the proposed management measures and thus result in fewer short-term negative social and economic impacts on fishing communities. Scamp and Yellowmouth Grouper Complex Total ACL There is no acceptable biological catch (ABC) or total ACL for the scamp and yellowmouth grouper complex. As described in Amendment 55, the ABC would be equal to the total ACL for the complex and an ABC would be established of 67,450 lb (30,595 kg), for the 2025 fishing year; 72,200 lb (32,749 kg), for the 2026 fishing year; 75,050 lb (34,042 kg), for the 2027 fishing year; 77,900 lb (35,335 kg), for the 2028 fishing year; and 79,800 lb (36,197 kg), for the 2029 and subsequent fishing years. The ABC values are based on the Council’s SSC recommendations based on the latest commercial landings data and inclusive of recreational data from PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 12289 the MRIP–FES and are considered to be consistent with the best scientific information available. The MagnusonStevens Act National Standard 1 guidelines specify that Councils can choose to account for management uncertainty by setting the ACL less than the ABC, but also states that ACLs may be set very close to or equal to the ABC. In Amendment 55, the Council decided to set the total ACL equal to the ABC for the new scamp and yellowmouth grouper complex. This level of removals is below the MSY and the overfishing limit, and provides greater assurance that overfishing is prevented, the longterm average biomass is near or above the biomass that would produce the MSY (BMSY), and the overfished stock complex of scamp and yellowmouth grouper is rebuilt within the Council’s chosen rebuilding timeframe. Scamp and Yellowmouth Grouper Complex Sector ACLs Amendment 55 would revise the commercial and recreational allocations for scamp and yellowmouth grouper. The current sector ACLs for scamp are based on the commercial and recreational allocations of the total ACL at 69.36 percent and 30.64 percent, respectively, and 1.35 percent and 98.65 percent, respectively, for yellowmouth grouper, that were established through Amendment 25 to the FMP (77 FR 15916, March 16, 2012). The Council used the distribution of landings to determine allocations by sector using a formula of (0.5 * catch history) + (0.5 * current trend) whereby, catch history is equal to the average landings of 1986 through 2008 and current trend is equal to the average landings of 2006 through 2008 to determine the existing allocations. In Amendment 55, the Council would set the commercial and recreational sector allocations for the scamp and yellowmouth grouper complex based on a unique allocation formula (‘‘split reduction method’’) that also accounts for the revisions to the calibrated recreational landings estimates from the MRIP–FES. This method would implement the reductions in total harvest needed for the complex and establish the total ACL and proportionally allocate the total ACL to each sector, based upon the distribution of landings under more recent time periods that the Council determined better reflect the way the fishery is currently operating. The Council chose the 5-year total average of commercial and recreational (FES) landings from 2018 through 2022, and split the reduction needed from the current total ACL equitably among the sectors to E:\FR\FM\17MRP1.SGM 17MRP1 ddrumheller on DSK120RN23PROD with PROPOSALS1 12290 Federal Register / Vol. 90, No. 50 / Monday, March 17, 2025 / Proposed Rules achieve the reduction in harvest needed to constrain the harvest to the total ACL. In each subsequent year throughout the rebuilding plan, as the total ACL increases, the ACL poundage increase is allocated equally between both sectors and added to each sector’s respective ACL from the previous year. The proposed commercial and recreational allocation percentages and sector ACLs would change each year from 2025 through 2029 and then remain set at the 2029 level. For the commercial sector, allocation percentages would range from 64.90 to 62.59 percent and for the recreational sector the allocation percentages would range from 35.10 to 37.41 percent through 2029. The current commercial and recreational ACLs for scamp are 219,375 lb (99,507 kg), and 116,369 lb (52,784 kg), respectively. Yellowmouth grouper is currently part of the other SASWG complex and the commercial and recreational ACLs for the other SASWG complex are 55,542 lb (25,193 kg), and 48,648 lb (22,066 kg), respectively. In Amendment 55, the Council determined that their preferred sector allocation method more fairly deals with the initial reduction in ACLs for scamp and yellowmouth grouper that would result from the updated catch levels, and reduces the proportion of each sector’s allowable catch based on recent landings so that the effect on each sector is more equitable. Similarly, the Council noted that the new allocations would achieve a balance between the needs of both sectors and also increase each sector’s allowable catch proportionately on a poundage basis throughout the rebuilding plan. The Council determined that the new sector allocation method distributes both fishing restrictions and recovery benefits for scamp and yellowmouth grouper fairly and equitably among both sectors in the new complex. In addition, this allocation method is also reasonably calculated to promote conservation, since it achieves OY while sector catch limits remain within the boundaries of a total ACL that is based upon an ABC recommendation that would end overfishing and rebuild the stock complex, incorporating the best scientific information available. When applying the commercial sector allocation percentage as discussed, the proposed commercial ACLs for the scamp and yellowmouth grouper complex would be 43,772 lb (19,855 kg), for the 2025 fishing year; 46,147 lb (20,932 kg), for the 2026 fishing year; 47,572 lb (21,578 kg), for the 2027 fishing year; 48,997 lb (22,225 kg), for the 2028 fishing year; and 49,947 lb VerDate Sep<11>2014 16:32 Mar 14, 2025 Jkt 265001 (22,656 kg), for the 2029 and subsequent fishing years. When applying the recreational sector allocation percentage as discussed, the proposed recreational ACLs for the scamp and yellowmouth grouper complex would be 23,678 lb (10,740 kg), for the 2025 fishing year; 26,053 lb (11,817 kg), for the 2026 fishing year; 27,478 lb (12,464 kg), for the 2027 fishing year; 28,903 lb (13,110 kg), for the 2028 fishing year; and 29,853 lb (13,541 kg), for the 2029 and subsequent fishing years. Recreational Bag Limits for Scamp and Yellowmouth Grouper Currently, the recreational bag limit is three scamp or three yellowmouth grouper per person per day within the overall three fish grouper and tilefish combined aggregate bag limit. Amendment 55 would establish an aggregate complex bag limit of one fish (either scamp or yellowmouth grouper combined) per person per day within the overall three fish grouper and tilefish combined aggregate bag limit. Given the reduction in harvest needed to increase the likelihood of rebuilding the scamp and yellowmouth grouper stock, the Council decided to establish the proposed aggregate bag limit for these species that would continue to allow recreational retention while also helping to constrain recreational harvest to the reduced recreational ACL. Scamp and Yellowmouth Grouper Complex Commercial Trip Limits There is no commercial trip limit for either scamp and yellowmouth grouper as a species or as an aggregate of species. Amendment 55 would establish an aggregate commercial trip limit for scamp and yellowmouth grouper of 300 lb (136 kg), gutted weight. Under the proposed trip limit, the Council determined that there could be an increased likelihood of the scamp and yellowmouth grouper portion of the snapper-grouper fishery remaining open and available to fisherman and consumers for as long as possible while reducing harvest to ensure the rebuilding plan is achieved. Scamp and Yellowmouth Grouper Complex Commercial AMs There are not currently any commercial AMs for the new scamp and yellowmouth grouper complex. For the new complex, Amendment 55 would establish an in-season commercial closure for the remainder of the fishing year, if commercial landings for scamp and yellowmouth grouper, combined, reach or are projected to reach the commercial ACL of the complex. PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 Amendment 55 would also establish post-season AMs if commercial landings for scamp and yellowmouth grouper, combined, exceed the complex commercial ACL, regardless of stock status or whether the total ACL was exceeded, the commercial ACL of the complex for the following fishing year would be reduced by the amount of the commercial ACL overage in the prior fishing year. To achieve rebuilding, the Council decided it was important that the commercial AMs be as effective as possible in preventing commercial landings from exceeding the commercial ACL. An in-season closure and a postseason overage adjustment (payback) of the commercial ACL would ensure that commercial landings remain at or below the proposed commercial ACL. Scamp and Yellowmouth Grouper Complex Recreational AMs There are not currently any recreational AMs for the new scamp and yellowmouth grouper complex. Amendment 55 would establish a postseason recreational AM. If recreational landings for scamp and yellowmouth grouper, combined, exceed the recreational ACL of the complex, then the length of the following year’s recreational fishing season for the complex would be reduced by the amount necessary to prevent the recreational ACL from being exceeded in the following year, regardless of stock status. The Council determined that recreational landings estimates are not timely enough for in-season monitoring of the complex. The proposed postseason AM is consistent with what the Council has established for similar snapper-grouper species, in which a season reduction is reliant on a single trigger: that recreational landings exceed the recreational ACL. The Council determined that this post-season AM, when triggered, would be more effective in constraining recreational landings from exceeding the recreational ACL during the following year. This postseason AM is also not reliant on the total ACL being exceeded or an overfished stock status and that it would be the most appropriate choice for the recreational sector and therefore have the greatest chance of contributing to rebuilding of the scamp and yellowmouth grouper stock complex. Other SASWG Complex Total ACL and Sector ACLs The current ABC for the other SASWG complex that contains rock hind, red hind, coney, graysby, yellowmouth grouper, and yellowfin E:\FR\FM\17MRP1.SGM 17MRP1 Federal Register / Vol. 90, No. 50 / Monday, March 17, 2025 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS1 grouper is 104,190 lb (47,260 kg), and was implemented by Amendment 29 to the FMP (80 FR 30947, June 1, 2015). The total ACL was set equal to the ABC and included recreational estimates from MRIP’s Coastal Household Telephone Survey (CHTS). The current commercial ACL is 55,542 lb (25,193 kg) and the recreational ACL is 48,648 lb (22,066 kg). Amendment 55 would retain the same ABC for the reorganized other SASWG complex of 104,190 lb (47,260 kg), while not including yellowmouth grouper as part of the value. The proposed total ACL for the reorganized other SASWG complex would be 100,151 lb (45,428 kg), and would retain recreational estimates from MRIP–CHTS in the estimation of the total ACL. The commercial ACL would be 53,380 lb (24,213 kg), and the recreational ACL would be 46,771 lb (21,215 kg). The sector allocations for the other SAWSG complex would not change in Amendment 55 and would remain at 1.35 percent commercial and 98.65 percent recreational. The species within the other SASWG complex are considered data limited and none of the species in the complex have stock assessments. Following the Council’s SSC Unassessed Stocks Workgroup meeting in 2020, an ABC was recommended, however, this catch level was determined by the Council’s SSC by using the third highest landings VerDate Sep<11>2014 16:32 Mar 14, 2025 Jkt 265001 using distinct years depending on the species and Only Reliable Catch methodologies, which are both no longer considered best scientific information available. During the Council SSC’s April 2023 meeting, the SSC recommended that the other SASWG ACL be modified while still retaining the MRIP–CHTS recreational estimates included in the estimation of the total ACL. The Council’s SSC also recommended that the other SASWG ABC and ACL be revised in the Council’s upcoming Unassessed Species Amendment using MRIP–FES recreational estimates. As the Council’s Unassessed Species Amendment is not expected to be completed until 2026 or later, an action to update the other SASWG ABC and ACL using MRIP–FES recreational data was not included in Amendment 55. The MRIP–FES based catch estimates for the other SASWG species have not yet been through a sufficient scientific review process, which the SSC determined was necessary prior to developing new ABCs and ACLs based on the FES data. Amendment 55 would also not modify the current commercial or recreational AMs for the other SASWG complex (50 CFR 622.193(j)). Proposed Rule for Amendment 55 A proposed rule to implement Amendment 55 has been drafted. In accordance with the Magnuson-Stevens PO 00000 Frm 00053 Fmt 4702 Sfmt 9990 12291 Act, NMFS is evaluating the proposed rule for Amendment 55 to determine whether it is consistent with the FMP, the Magnuson-Stevens Act, and other applicable law. If that determination is affirmative, NMFS will publish the proposed rule in the Federal Register for public review and comment. Consideration of Public Comments The Council has submitted Amendment 55 for Secretarial review, approval, and implementation. Comments on Amendment 55 must be received by May 16, 2025. Comments received during the respective comment periods, whether specifically directed to Amendment 55 or the proposed rule, will be considered by NMFS in the decision to approve, partially approve, or disapprove, Amendment 55. Comments received after the comment periods will not be considered by NMFS in this decision. All comments received by NMFS on the amendment or the proposed rule during their respective comment periods will be addressed in the final rule. Authority: 16 U.S.C. 1801 et seq. Dated: March 10, 2025. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2025–04025 Filed 3–14–25; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\17MRP1.SGM 17MRP1

Agencies

[Federal Register Volume 90, Number 50 (Monday, March 17, 2025)]
[Proposed Rules]
[Pages 12287-12291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04025]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BN30


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic; Amendment 55

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

ACTION: Announcement of availability of fishery management plan 
amendment; request for comments.

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SUMMARY: The South Atlantic Fishery Management Council (Council) 
submitted Amendment 55 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic (FMP) for review, approval, and 
implementation by NMFS. If approved by the Secretary of Commerce, 
Amendment 55 would remove yellowmouth grouper from the other South 
Atlantic shallow water grouper complex (other SASWG) and establish a 
new scamp and yellowmouth grouper complex. Amendment 55 would also 
establish status determination criteria (SDC), a rebuilding plan, catch 
levels, sector allocations, sector management measures, and 
accountability measures (AMs) for the new complex; and establish catch 
levels for the revised other SASWG complex. The purpose of Amendment 55 
is to rebuild the scamp and yellowmouth grouper stock, and achieve 
optimum yield (OY) while minimizing, to the extent practicable, adverse 
social and economic effects.

DATES: Written comments on Amendment 55 must be received on or before 
May 16, 2025.

ADDRESSES: You may submit comments on Amendment 55, identified by 
``NOAA-NMFS-2024-0132,'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov 
and enter ``NOAA-NMFS-2024-0132'' in the Search box. Click the 
``Comment'' icon, complete the required fields, and enter or attach 
your comments.
     Mail: Submit written comments to Nikhil Mehta, 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 
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 Amendment 55, which includes a fishery impact 
statement and a regulatory impact review, may be obtained from the 
Southeast Regional Office website at https://www.fisheries.noaa.gov/action/amendment-55-establish-new-scamp-and-yellowmouth-grouper-complex-rebuilding-plan-catch.

[[Page 12288]]

    The unique identification number for the environmental review for 
Amendment 55 is: EAXX-006-48-1SE-1730464344.

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

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit any fishery management plan or 
amendment to such a plan to the Secretary of Commerce for review and 
approval, partial approval, or disapproval. The Magnuson-Stevens Act 
also requires that NMFS, upon receiving a fishery management plan or 
amendment to such a plan, publish an announcement in the Federal 
Register notifying the public that the plan or amendment is available 
for review and comment.
    The Council prepared the FMP that is being revised by Amendment 55. 
If approved, Amendment 55 would be implemented by NMFS through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Act.

Background

    NMFS and the Council manage the South Atlantic snapper-grouper 
fishery, which includes scamp, yellowmouth grouper, and the species in 
the other SASWG complex, under the FMP, in Federal waters from North 
Carolina south to the Florida Keys in the South Atlantic. The Magnuson-
Stevens Act requires that NMFS and regional fishery management councils 
prevent overfishing and achieve, on a continuing basis, the OY from 
federally managed fish stocks. These mandates are intended to ensure 
that fishery resources are managed for the greatest overall benefit to 
the Nation, particularly with respect to providing food production and 
recreational opportunities, and protecting marine ecosystems. To 
further this goal, the Magnuson-Stevens Act requires fishery managers 
to minimize bycatch and bycatch mortality to the extent practicable.
    Unless otherwise noted, all weights in this document are described 
in round weight.
    The South Atlantic stock of scamp was assessed for the first time 
through the Southeast Data, Assessment, and Review (SEDAR) 68 Research 
Track (RT) assessment in September 2021 (SEDAR 68 RT [2021]). In 2020, 
the first stage of the SEDAR 68 data process was a Stock Identification 
(ID) Workshop (SEDAR 68 Stock ID Workshop [2020]), which concluded that 
scamp are very difficult to distinguish from yellowmouth grouper and 
thus, much of the assessment data likely represents both species in 
unknown proportions. The SEDAR 68 Stock ID Workshop (2020) recommended 
that the stock assessment be conducted on both scamp and yellowmouth 
grouper jointly, with the two species treated as a single complex 
because of the known species identification issues. This recommendation 
resulted in the SEDAR 68 Operational Assessment [OA], which was 
completed in 2022 (SEDAR 68 OA [2022]). The stock status for scamp and 
yellowmouth grouper was unknown prior to completion of the two 
assessments. The Council's Scientific and Statistical Committee (SSC) 
reviewed the SEDAR 68 OA (2022) at their April 2023 meeting. The 
assessment included data through 2021 and incorporated the revised 
landings estimates for recreational catch using the Marine Recreational 
Information Program (MRIP) Fishing Effort Survey (FES). The results of 
the SEDAR 68 OA assessment indicated that the scamp and yellowmouth 
grouper stock is overfished but not undergoing overfishing. The 
Council's SSC determined that the assessment was conducted using the 
best scientific information available and was adequate for determining 
stock status and supporting total fishing level recommendations. NMFS 
notified the Council of the overfished status of the scamp and 
yellowmouth grouper stocks via letter dated September 21, 2023.
    Following a notification from NMFS to a Council that a stock is 
overfished, the Magnuson-Stevens Act requires the Council to develop an 
FMP amendment with actions that rebuild the affected stock. Therefore, 
the Council developed Amendment 55 to respond to the results of SEDAR 
68 OA (2022).
    Amendment 25 to the FMP (Comprehensive Annual Catch Limit 
Amendment) (77 FR 15916, March 16, 2012) established single species and 
species complex annual catch limits (ACLs) and AMs. Single species ACLs 
were established for assessed and targeted species, species where 
ACL=0, and species that could not be placed in a complex based on the 
criteria below. Scamp was one of the species that met the criteria for 
a single species ACL. Complex ACLs for groups of species were 
established for other snapper-grouper species using associations based 
on one or more of the following: life history, catch statistics from 
commercial logbook and observer data, recreational headboat logbook and 
private/charter survey, and fishery-independent data. Based on the 
criteria for complex ACLs in Amendment 25, yellowmouth grouper was 
included in the other SASWG complex along with red hind, rock hind, 
yellowfin grouper, coney, and graysby. Regulatory Amendment 13 to the 
FMP updated the commercial and recreational ACLs for select unassessed 
species including scamp and yellowmouth grouper (78 FR 36113, June 17, 
2013). Amendment 29 to the FMP established the current commercial and 
recreational ACLs for scamp and yellowmouth grouper (80 FR 30947, June 
1, 2015).

Actions Contained in Amendment 55

    Amendment 55 would remove yellowmouth grouper from the other SASWG 
complex and establish a new scamp and yellowmouth grouper complex. For 
the new complex, Amendment 55 would establish SDC, a rebuilding plan, 
the total ACL, sector ACLs, recreational bag limits, commercial trip 
limits, and AMs. Amendment 55 would also revise the total ACL and 
sector ACLs for the species remaining within the other SASWG complex.

Reorganization of Complexes

    Yellowmouth grouper is currently part of the other SASWG complex 
containing rock hind, red hind, coney, graysby, yellowmouth grouper, 
and yellowfin grouper. Amendment 55 would remove yellowmouth grouper 
from the other SASWG complex and establish a new complex containing 
both scamp and yellowmouth grouper. Rock hind, red hind, coney, 
graysby, and yellowfin grouper would remain in the reorganized other 
SASWG complex.

SDC

Scamp and Yellowmouth Grouper Complex Maximum Sustainable Yield

    There is no maximum sustainable yield (MSY) value for the scamp and 
yellowmouth grouper complex. Amendment 55 would establish the MSY proxy 
as the yield when fishing at the fishing mortality rate (F) that 
produces a spawning potential ratio (SPR) of 40 percent for the scamp 
and yellowmouth grouper complex. MSY is defined as the largest long-
term average catch that can be taken from a stock under current 
conditions. Currently, scamp (individually) and yellowmouth grouper (as 
part of the other SASWG complex) have MSY proxies of F30%SPR; however, 
SEDAR 68 OA (2022) recommended an MSY proxy for the scamp and 
yellowmouth grouper stock complex of F40%SPR. As described in Amendment 
55, the MSY proxy recommendation is to use

[[Page 12289]]

F30%SPR for very resilient stocks and use F40%SPR for species with 
life-history characteristics consistent with scamp and yellowmouth 
grouper. In March 2023 the Council received a letter from NMFS 
Southeast Fisheries Science Center (SEFSC) stating that the best 
scientific information available recommends that F40%SPR is more likely 
than F30%SPR to achieve a level of biomass that would produce the MSY 
for the scamp and yellowmouth grouper stock complex. Therefore, the 
Council decided to establish the MSY proxy of F40%SPR for the scamp and 
yellowmouth grouper complex.

Scamp and Yellowmouth Grouper Complex Maximum Fishing Mortality 
Threshold

    There is no maximum fishing mortality threshold (MFMT) for the 
scamp and yellowmouth grouper complex. Amendment 55 would establish 
MFMT equal to F40%SPR for the scamp and yellowmouth grouper complex, 
with a currently estimated value of 0.28. MFMT is defined as the level 
of fishing mortality above which overfishing is occurring. Currently, 
scamp (individually) and yellowmouth grouper (as part of the other 
SASWG complex) have a MFMT equal to the MSY proxy of F30%SPR; however, 
SEDAR 68 OA (2022) recommended a MFMT equal to the MSY proxy of the 
yield at F40%SPR for the scamp and yellowmouth grouper stock complex. 
The Council determined that the proposed MFMT is based on the best 
scientific information available and would be consistent with the 
proposed MSY.

Scamp and Yellowmouth Grouper Complex Minimum Stock Size Threshold

    There is no minimum stock size threshold (MSST) for the scamp and 
yellowmouth grouper complex. Amendment 55 would establish MSST equal to 
75 percent of the spawning stock biomass (SSB) at F40%SPR, with a 
currently estimated value of 801.60 metric tons. MSST is defined as the 
SSB level below which a stock is declared overfished. Currently, scamp 
(individually) and yellowmouth grouper (as part of the other SASWG 
complex) have a MSST equal to the SSB at MSY (SSBMSY) times 
either one minus the natural mortality (M) or 0.5, whichever is 
greater. However, SEDAR 68 OA (2022) defined the MSST as 75 percent of 
SSB at F40%SPR for the scamp and yellowmouth grouper stock complex. The 
Council determined that the proposed MSST for the scamp and yellowmouth 
grouper stock complex would be based on the best scientific information 
available.

Scamp and Yellowmouth Grouper Complex OY

    There is no OY for the scamp and yellowmouth grouper complex. 
Amendment 55 would establish an OY of 95 percent MSY for the scamp and 
yellowmouth grouper complex. In Amendment 55 the OY would be 353,670 
pounds (lb) (160,422 kilograms (kg)) and the MSY would be 372,280 lb 
(168,863 kg). OY is the long-term average yield desired from a stock or 
fishery as reduced from MSY for the fishery based on relevant economic, 
social, and ecological factors. The Council acknowledged the 
uncertainty in landings estimates for scamp and yellowmouth grouper but 
noted that scientific uncertainty had been appropriately accounted for 
and the 5 percent buffer between OY and the MSY would account for the 
uncertainty in social, economic, and biological factors.

Rebuilding Plan for the South Atlantic Scamp and Yellowmouth Grouper 
Stock Complex

    Amendment 55 would establish a 10-year rebuilding plan for the 
complex, which is the longest allowable rebuilding scenario (Tmax) 
allowed by the Magnuson-Stevens Act (16 U.S.C. 1854(e)(4)(A)). In 
addition, the Magnuson-Stevens Act National Standard 1 Guidelines state 
that if the stock is projected to rebuild in 10 years or less, then 
Tmax is 10 years (50 CFR 600.310(j)(3)(i)(B)(1)). The Council's 
preferred choice of the 10-year timeframe for rebuilding in Amendment 
55 beginning in 2025, is intended to reduce the severity of the 
proposed management measures and thus result in fewer short-term 
negative social and economic impacts on fishing communities.

Scamp and Yellowmouth Grouper Complex Total ACL

    There is no acceptable biological catch (ABC) or total ACL for the 
scamp and yellowmouth grouper complex. As described in Amendment 55, 
the ABC would be equal to the total ACL for the complex and an ABC 
would be established of 67,450 lb (30,595 kg), for the 2025 fishing 
year; 72,200 lb (32,749 kg), for the 2026 fishing year; 75,050 lb 
(34,042 kg), for the 2027 fishing year; 77,900 lb (35,335 kg), for the 
2028 fishing year; and 79,800 lb (36,197 kg), for the 2029 and 
subsequent fishing years. The ABC values are based on the Council's SSC 
recommendations based on the latest commercial landings data and 
inclusive of recreational data from the MRIP-FES and are considered to 
be consistent with the best scientific information available. The 
Magnuson-Stevens Act National Standard 1 guidelines specify that 
Councils can choose to account for management uncertainty by setting 
the ACL less than the ABC, but also states that ACLs may be set very 
close to or equal to the ABC. In Amendment 55, the Council decided to 
set the total ACL equal to the ABC for the new scamp and yellowmouth 
grouper complex. This level of removals is below the MSY and the 
overfishing limit, and provides greater assurance that overfishing is 
prevented, the long-term average biomass is near or above the biomass 
that would produce the MSY (BMSY), and the overfished stock 
complex of scamp and yellowmouth grouper is rebuilt within the 
Council's chosen rebuilding timeframe.

Scamp and Yellowmouth Grouper Complex Sector ACLs

    Amendment 55 would revise the commercial and recreational 
allocations for scamp and yellowmouth grouper. The current sector ACLs 
for scamp are based on the commercial and recreational allocations of 
the total ACL at 69.36 percent and 30.64 percent, respectively, and 
1.35 percent and 98.65 percent, respectively, for yellowmouth grouper, 
that were established through Amendment 25 to the FMP (77 FR 15916, 
March 16, 2012). The Council used the distribution of landings to 
determine allocations by sector using a formula of (0.5 * catch 
history) + (0.5 * current trend) whereby, catch history is equal to the 
average landings of 1986 through 2008 and current trend is equal to the 
average landings of 2006 through 2008 to determine the existing 
allocations.
    In Amendment 55, the Council would set the commercial and 
recreational sector allocations for the scamp and yellowmouth grouper 
complex based on a unique allocation formula (``split reduction 
method'') that also accounts for the revisions to the calibrated 
recreational landings estimates from the MRIP-FES. This method would 
implement the reductions in total harvest needed for the complex and 
establish the total ACL and proportionally allocate the total ACL to 
each sector, based upon the distribution of landings under more recent 
time periods that the Council determined better reflect the way the 
fishery is currently operating. The Council chose the 5-year total 
average of commercial and recreational (FES) landings from 2018 through 
2022, and split the reduction needed from the current total ACL 
equitably among the sectors to

[[Page 12290]]

achieve the reduction in harvest needed to constrain the harvest to the 
total ACL. In each subsequent year throughout the rebuilding plan, as 
the total ACL increases, the ACL poundage increase is allocated equally 
between both sectors and added to each sector's respective ACL from the 
previous year. The proposed commercial and recreational allocation 
percentages and sector ACLs would change each year from 2025 through 
2029 and then remain set at the 2029 level. For the commercial sector, 
allocation percentages would range from 64.90 to 62.59 percent and for 
the recreational sector the allocation percentages would range from 
35.10 to 37.41 percent through 2029.
    The current commercial and recreational ACLs for scamp are 219,375 
lb (99,507 kg), and 116,369 lb (52,784 kg), respectively. Yellowmouth 
grouper is currently part of the other SASWG complex and the commercial 
and recreational ACLs for the other SASWG complex are 55,542 lb (25,193 
kg), and 48,648 lb (22,066 kg), respectively.
    In Amendment 55, the Council determined that their preferred sector 
allocation method more fairly deals with the initial reduction in ACLs 
for scamp and yellowmouth grouper that would result from the updated 
catch levels, and reduces the proportion of each sector's allowable 
catch based on recent landings so that the effect on each sector is 
more equitable. Similarly, the Council noted that the new allocations 
would achieve a balance between the needs of both sectors and also 
increase each sector's allowable catch proportionately on a poundage 
basis throughout the rebuilding plan. The Council determined that the 
new sector allocation method distributes both fishing restrictions and 
recovery benefits for scamp and yellowmouth grouper fairly and 
equitably among both sectors in the new complex. In addition, this 
allocation method is also reasonably calculated to promote 
conservation, since it achieves OY while sector catch limits remain 
within the boundaries of a total ACL that is based upon an ABC 
recommendation that would end overfishing and rebuild the stock 
complex, incorporating the best scientific information available.
    When applying the commercial sector allocation percentage as 
discussed, the proposed commercial ACLs for the scamp and yellowmouth 
grouper complex would be 43,772 lb (19,855 kg), for the 2025 fishing 
year; 46,147 lb (20,932 kg), for the 2026 fishing year; 47,572 lb 
(21,578 kg), for the 2027 fishing year; 48,997 lb (22,225 kg), for the 
2028 fishing year; and 49,947 lb (22,656 kg), for the 2029 and 
subsequent fishing years.
    When applying the recreational sector allocation percentage as 
discussed, the proposed recreational ACLs for the scamp and yellowmouth 
grouper complex would be 23,678 lb (10,740 kg), for the 2025 fishing 
year; 26,053 lb (11,817 kg), for the 2026 fishing year; 27,478 lb 
(12,464 kg), for the 2027 fishing year; 28,903 lb (13,110 kg), for the 
2028 fishing year; and 29,853 lb (13,541 kg), for the 2029 and 
subsequent fishing years.

Recreational Bag Limits for Scamp and Yellowmouth Grouper

    Currently, the recreational bag limit is three scamp or three 
yellowmouth grouper per person per day within the overall three fish 
grouper and tilefish combined aggregate bag limit. Amendment 55 would 
establish an aggregate complex bag limit of one fish (either scamp or 
yellowmouth grouper combined) per person per day within the overall 
three fish grouper and tilefish combined aggregate bag limit.
    Given the reduction in harvest needed to increase the likelihood of 
rebuilding the scamp and yellowmouth grouper stock, the Council decided 
to establish the proposed aggregate bag limit for these species that 
would continue to allow recreational retention while also helping to 
constrain recreational harvest to the reduced recreational ACL.

Scamp and Yellowmouth Grouper Complex Commercial Trip Limits

    There is no commercial trip limit for either scamp and yellowmouth 
grouper as a species or as an aggregate of species. Amendment 55 would 
establish an aggregate commercial trip limit for scamp and yellowmouth 
grouper of 300 lb (136 kg), gutted weight.
    Under the proposed trip limit, the Council determined that there 
could be an increased likelihood of the scamp and yellowmouth grouper 
portion of the snapper-grouper fishery remaining open and available to 
fisherman and consumers for as long as possible while reducing harvest 
to ensure the rebuilding plan is achieved.

Scamp and Yellowmouth Grouper Complex Commercial AMs

    There are not currently any commercial AMs for the new scamp and 
yellowmouth grouper complex. For the new complex, Amendment 55 would 
establish an in-season commercial closure for the remainder of the 
fishing year, if commercial landings for scamp and yellowmouth grouper, 
combined, reach or are projected to reach the commercial ACL of the 
complex. Amendment 55 would also establish post-season AMs if 
commercial landings for scamp and yellowmouth grouper, combined, exceed 
the complex commercial ACL, regardless of stock status or whether the 
total ACL was exceeded, the commercial ACL of the complex for the 
following fishing year would be reduced by the amount of the commercial 
ACL overage in the prior fishing year.
    To achieve rebuilding, the Council decided it was important that 
the commercial AMs be as effective as possible in preventing commercial 
landings from exceeding the commercial ACL. An in-season closure and a 
post-season overage adjustment (payback) of the commercial ACL would 
ensure that commercial landings remain at or below the proposed 
commercial ACL.

Scamp and Yellowmouth Grouper Complex Recreational AMs

    There are not currently any recreational AMs for the new scamp and 
yellowmouth grouper complex. Amendment 55 would establish a post-season 
recreational AM. If recreational landings for scamp and yellowmouth 
grouper, combined, exceed the recreational ACL of the complex, then the 
length of the following year's recreational fishing season for the 
complex would be reduced by the amount necessary to prevent the 
recreational ACL from being exceeded in the following year, regardless 
of stock status.
    The Council determined that recreational landings estimates are not 
timely enough for in-season monitoring of the complex. The proposed 
post-season AM is consistent with what the Council has established for 
similar snapper-grouper species, in which a season reduction is reliant 
on a single trigger: that recreational landings exceed the recreational 
ACL. The Council determined that this post-season AM, when triggered, 
would be more effective in constraining recreational landings from 
exceeding the recreational ACL during the following year. This post-
season AM is also not reliant on the total ACL being exceeded or an 
overfished stock status and that it would be the most appropriate 
choice for the recreational sector and therefore have the greatest 
chance of contributing to rebuilding of the scamp and yellowmouth 
grouper stock complex.

Other SASWG Complex Total ACL and Sector ACLs

    The current ABC for the other SASWG complex that contains rock 
hind, red hind, coney, graysby, yellowmouth grouper, and yellowfin

[[Page 12291]]

grouper is 104,190 lb (47,260 kg), and was implemented by Amendment 29 
to the FMP (80 FR 30947, June 1, 2015). The total ACL was set equal to 
the ABC and included recreational estimates from MRIP's Coastal 
Household Telephone Survey (CHTS). The current commercial ACL is 55,542 
lb (25,193 kg) and the recreational ACL is 48,648 lb (22,066 kg). 
Amendment 55 would retain the same ABC for the reorganized other SASWG 
complex of 104,190 lb (47,260 kg), while not including yellowmouth 
grouper as part of the value. The proposed total ACL for the 
reorganized other SASWG complex would be 100,151 lb (45,428 kg), and 
would retain recreational estimates from MRIP-CHTS in the estimation of 
the total ACL. The commercial ACL would be 53,380 lb (24,213 kg), and 
the recreational ACL would be 46,771 lb (21,215 kg). The sector 
allocations for the other SAWSG complex would not change in Amendment 
55 and would remain at 1.35 percent commercial and 98.65 percent 
recreational.
    The species within the other SASWG complex are considered data 
limited and none of the species in the complex have stock assessments. 
Following the Council's SSC Unassessed Stocks Workgroup meeting in 
2020, an ABC was recommended, however, this catch level was determined 
by the Council's SSC by using the third highest landings using distinct 
years depending on the species and Only Reliable Catch methodologies, 
which are both no longer considered best scientific information 
available. During the Council SSC's April 2023 meeting, the SSC 
recommended that the other SASWG ACL be modified while still retaining 
the MRIP-CHTS recreational estimates included in the estimation of the 
total ACL. The Council's SSC also recommended that the other SASWG ABC 
and ACL be revised in the Council's upcoming Unassessed Species 
Amendment using MRIP-FES recreational estimates. As the Council's 
Unassessed Species Amendment is not expected to be completed until 2026 
or later, an action to update the other SASWG ABC and ACL using MRIP-
FES recreational data was not included in Amendment 55. The MRIP-FES 
based catch estimates for the other SASWG species have not yet been 
through a sufficient scientific review process, which the SSC 
determined was necessary prior to developing new ABCs and ACLs based on 
the FES data. Amendment 55 would also not modify the current commercial 
or recreational AMs for the other SASWG complex (50 CFR 622.193(j)).

Proposed Rule for Amendment 55

    A proposed rule to implement Amendment 55 has been drafted. In 
accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule for Amendment 55 to determine whether it is consistent 
with the FMP, the Magnuson-Stevens Act, and other applicable law. If 
that determination is affirmative, NMFS will publish the proposed rule 
in the Federal Register for public review and comment.

Consideration of Public Comments

    The Council has submitted Amendment 55 for Secretarial review, 
approval, and implementation. Comments on Amendment 55 must be received 
by May 16, 2025. Comments received during the respective comment 
periods, whether specifically directed to Amendment 55 or the proposed 
rule, will be considered by NMFS in the decision to approve, partially 
approve, or disapprove, Amendment 55. Comments received after the 
comment periods will not be considered by NMFS in this decision. All 
comments received by NMFS on the amendment or the proposed rule during 
their respective comment periods will be addressed in the final rule.

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

    Dated: March 10, 2025.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2025-04025 Filed 3-14-25; 8:45 am]
BILLING CODE 3510-22-P
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