[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Proposed Rules]
[Pages 55376-55379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19508]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BL46


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic; Amendment 50

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 50 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 50 to the FMP would establish a new rebuilding plan, revise 
the acceptable biological catch (ABC), annual optimum yield (OY), 
annual catch limits (ACLs), sector allocations, recreational 
accountability measures (AMs), and additional management measures for 
red porgy. The additional management measures would address commercial 
seasonal quotas, commercial trip limits, recreational bag and 
possession limits, and a recreational fishing season for red porgy. The 
purpose of Amendment 50 is to end overfishing of red porgy, rebuild the 
stock, and achieve OY while minimizing, to the extent practicable, 
adverse social and economic effects.

DATES: Written comments must be received on or before November 8, 2022.

ADDRESSES: You may submit comments on Amendment 10, identified by 
``NOAA-NMFS-2022-0054,'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to

[[Page 55377]]

www.regulations.gov and enter ``NOAA-NMFS-2022-0054'' in the Search 
box. Click the ``Comment'' icon, complete the required fields, and 
enter or attach your comments.
     Mail: Submit written comments to Frank Helies, 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 50, 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-50-catch-level-adjustments-rebuilding-schedule-and-allocations-red-porgy/.

FOR FURTHER INFORMATION CONTACT: Frank Helies, 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 FMP or FMP amendment to the 
Secretary of Commerce (the Secretary) for review and approval, partial 
approval, or disapproval. The Magnuson-Stevens Act also requires that 
NMFS, upon receiving an FMP or amendment, publish an announcement in 
the Federal Register notifying the public that the FMP or amendment is 
available for review and comment.
    The Council prepared the FMP that is being revised by Amendment 50. 
If approved, Amendment 50 would be implemented by NMFS through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Act.

Background

    The Council manages the snapper-grouper fishery, including red 
porgy, in Federal waters from North Carolina south to the Florida Keys 
in the South Atlantic under the FMP. The Magnuson-Stevens Act requires 
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.
    All weights described in this notice are in gutted weight, unless 
otherwise specified.
    In 1990, a stock assessment for red porgy was completed and it was 
determined that the stock was subject to overfishing and overfished. As 
a result of that stock status, Amendment 4 to the FMP established an 
initial rebuilding plan and implemented a minimum size limit for red 
porgy (56 FR 56016, October 31, 1991). The rebuilding plan was put into 
effect in 1991 with a target time to rebuild of 10 years. The stock was 
again assessed in 1999 and was determined to be subject to overfishing 
and overfished. Through an emergency rule published in 1999, NMFS 
prohibited the harvest and possession of red porgy in or from the 
exclusive economic zone off the southern Atlantic states (64 FR 48324, 
September 3, 1999). NMFS subsequently extended the emergency rule to 
prohibit the harvest and possession of red porgy through August 28, 
2000 (65 FR 10039, February 25, 2000).
    The final rule to implement Amendment 12 to the FMP replaced the 
emergency rule and closed commercial harvest during the red porgy peak 
spawning season, reduced the commercial trip limit, and reduced the 
recreational bag limit (65 FR 51248, August 23, 2000). Amendment 12 
also specified a new 18-year rebuilding plan, that began with the 
implementation of the emergency rule that prohibited harvest on 
September 3, 1999. The red porgy stock was assessed again in 2002, as 
the first stock in the South Atlantic to be assessed through the 
Southeast Data, Assessment, and Review (SEDAR) process (SEDAR 1). The 
SEDAR 1 assessment indicated the stock was overfished but not 
undergoing overfishing. Subsequent update assessments in 2006 and 2012 
also resulted in the same stock status determinations as the 2002 SEDAR 
1 assessment. The red porgy stock has not rebuilt despite management 
efforts throughout its management history.
    The most recent SEDAR stock assessment for South Atlantic red porgy 
(SEDAR 60) was completed in April 2020. The assessment included data 
through 2017 and incorporated the revised estimates for recreational 
catch from the Marine Recreational Information Program Fishing Effort 
Survey (MRIP FES). The Council's Scientific and Statistical Committee 
(SSC) reviewed SEDAR 60 at their April 2020 meeting and found that the 
assessment was conducted using the best scientific information 
available, and was adequate for determining stock status and supporting 
fishing level recommendations. The findings of the assessment indicated 
that the South Atlantic red porgy stock is overfished and undergoing 
overfishing. NMFS also determined that the red porgy stock has not made 
adequate progress towards rebuilding because it did not rebuild by the 
end of 2017 under the previous 18-year rebuilding plan.
    The findings of SEDAR 60 showed a declining trend in average 
recruitment throughout the time series reviewed in the assessment, and 
red porgy has made little progress towards rebuilding, given the low 
recruitment in recent years. The projections within SEDAR 60 indicate 
the revised ABCs would have only a very minor impact on stock 
rebuilding. If recruitment continues to be low, the productivity of the 
stock and the benchmark management reference points would need to be 
reevaluated. The red porgy stock is currently scheduled to be assessed 
again in 2025.
    Following a notification from NMFS to a Council that a stock is 
undergoing overfishing and is overfished, the Magnuson-Stevens Act 
requires the Council to develop an FMP amendment with actions that 
immediately end overfishing and rebuild the affected stock. The Council 
developed Amendment 50 in response to the results of SEDAR 60.
    The Council intends that Amendment 50 would end overfishing of 
South Atlantic red porgy, rebuild the stock, and achieve OY while 
minimizing, to the extent practicable, adverse social and economic 
effects. The Council would also revise the overfishing limit for red 
porgy equal to the ABC, and update other biological reference points in 
this amendment.

Actions Contained in Amendment 50

    Amendment 50 would establish a new rebuilding plan, and revise the 
catch levels (ABCs and ACLs), sector allocations, recreational AMs, and 
management measures for red porgy. Management measures would address 
commercial seasonal quotas, commercial trip limits, recreational bag 
and possession limits, and a recreational fishing season for red porgy.

[[Page 55378]]

Rebuilding Plan for the South Atlantic Red Porgy Stock

    As discussed above, the Council implemented an 18-year rebuilding 
plan for the South Atlantic red porgy stock through Amendment 12 to the 
FMP that was expected to rebuild the stock by the end of 2017 (65 FR 
51248, September 22, 2000). Because the South Atlantic red porgy stock 
did not rebuild within that time, and is still overfished, Amendment 50 
would establish a new rebuilding plan schedule equal to the time 
estimated to rebuild the stock while maintaining fishing mortality at 
75 percent of the maximum fishing mortality threshold during the 
rebuilding period. This rebuilding period would be 26 years, beginning 
in 2022 and ending in 2047.

ABC and Annual OY

    The current ABC for red porgy was implemented in Regulatory 
Amendment 18 to the FMP, based upon a stock assessment update (2012 
SEDAR 1 Update) and the Council's SSC's recommendations (78 FR 47574, 
August 6, 2013).
    In April 2020, the Council's SSC reviewed the latest stock 
assessment (SEDAR 60) and recommended new ABC levels as determined by 
SEDAR 60. The assessment and associated ABC recommendations 
incorporated the revised estimates for recreational catch and effort 
from the MRIP Access Point Angler Intercept Survey (APAIS) and FES. 
MRIP began incorporating a new survey design for APAIS in 2013 and 
replaced the Coastal Household Telephone Survey (CHTS) with FES in 
2018. Prior to the implementation of MRIP in 2008, recreational 
landings estimates were generated using the Marine Recreational 
Fisheries Statistics Survey (MRFSS). As explained in Amendment 50, 
total recreational fishing effort estimates generated from MRIP FES are 
generally higher than both the MRFSS and MRIP CHTS estimates. This 
difference in estimates is because MRIP FES is designed to more 
accurately measure fishing activity, not because there was a sudden 
increase in fishing effort. The MRIP FES is considered a more reliable 
estimate of recreational effort by the Council's SSC, the Council, and 
NMFS, and more robust compared to the MRIP CHTS method. The new ABC 
recommendations within Amendment 50 also represent the best scientific 
information available as determined by the SSC.
    The Council chose to specify OY for red porgy on an annual basis 
and set it equal to the ABC and total ACL, in accordance with the 
guidance provided in the Magnuson-Stevens Act National Standard 1 
Guidelines at 50 CFR 600.310(f)(4)(iv), and using the formula 
implemented through the Comprehensive ACL Amendment to the FMP (77 FR 
15915, March 16, 2012).

Total ACL

    As implemented through Regulatory Amendment 18 to the FMP, the 
current total ACL and annual OY for red porgy are equal to the current 
ABC of 328,000 lb (148,778 kg), whole weight. In Amendment 50, the 
Council would revise the ABC based on SEDAR 60 and the recommendation 
of the SSC, and keep the ABC, ACL, and OY equal to each other.
    Amendment 50 would revise the total ACL equal to the recommended 
ABC of 75,000 lb (34,019 kg), whole weight, 72,115 lb (32,711 kg), 
gutted weight, for 2022; 81,000 lb (36,741 kg), round weight, 77,885 lb 
(35,328 kg), gutted weight, for 2023; 87,000 lb (39,463 kg), round 
weight, 83,654 lb (37,945 kg), gutted weight, for 2024; 91,000 lb 
(41,277 kg), round weight, 87,500 lb (39,689 kg), gutted weight, for 
2025; and 95,000 lb (43,091 kg), round weight, 91,346 lb (41,434 kg), 
gutted weight, for 2026 and subsequent fishing years.

Sector Allocations and ACLs

    Amendment 50 would revise the commercial and recreational 
allocations for red porgy. The current sector ACLs for red porgy are 
based on the commercial and recreational allocations of the total ACL 
at 50.00 percent and 50.00 percent, respectively, that were established 
through Amendment 15B to the FMP (74 FR 58902 November 16, 2009).
    The new red porgy sector allocations in Amendment 50 would result 
in commercial and recreational allocations of 51.43 percent and 48.57 
percent, respectively. The proposed sector allocations result from 
applying the allocation formula adopted through the Comprehensive ACL 
Amendment to the FMP, which is ACL = ((mean landings 2006-2008)*0.5)) + 
((mean landings 1986-2008)*0.5), to the revised total ACL that includes 
updated recreational landings from the MRIP FES method.
    Utilizing the proposed allocation formula would incorporate revised 
recreational landings from the MRIP FES, which would result in a slight 
shift of allocation to the commercial sector. Although commercial 
fishing tends to occur in deeper water than recreational fishing, where 
mortality of discarded fish is greater, the Council reasoned that a 
slightly increased allocation to the commercial sector would 
potentially reduce the number of fish that are discarded if the 
commercial ACL is reached in-season and a sector closure becomes 
necessary, thus promoting conservation.
    The commercial ACLs would be 37,089 lb (16,823 kg), for 2022; 
40,056 lb (18,169 kg), for 2023; 43,023 lb (19,515 kg), for 2024; 
45,001 lb (20,412 kg), for 2025; and 46,979 lb (21,309 kg), for 2026 
and subsequent years.
    The recreational ACLs would be 35,026 lb (15,888 kg), for 2022; 
37,829 lb (17,159 kg), for 2023; 40,631 lb (18,430 kg), for 2024; 
42,499 lb (19,277 kg), for 2025; and 44,367 lb (20,125 kg), for 2026 
and subsequent years.
    Regulatory Amendment 27 to the FMP established two commercial 
fishing seasons for red porgy with 30 percent of the commercial ACL 
allocated to Season 1 (January through April) and 70 percent allocated 
to Season 2 (May through December) (85 FR 4588, January 27, 2020). Any 
remaining commercial quota from Season 1 would be added to the 
commercial quota in Season 2. Any remaining quota from Season 2 would 
not be carried forward into the next fishing year. Amendment 50 would 
not alter the current fishing seasons or commercial season ACL 
allocations.
    Under Amendment 50, the commercial quotas in 2022 for Season 1 
would be 11,127 lb (5,047 kg) and Season 2 would be 25,962 lb (11,776 
kg); in 2023, Season 1 would be 12,017 lb (5,451 kg) and Season 2 would 
be 28,039 lb (12,718 kg); in 2024, Season 1 would be 12,907 lb (5,855 
kg) and Season 2 would be 30,116 lb (13,660 kg); in 2025, Season 1 
would be 13,500 lb (6,123 kg) and Season 2 would be 31,501 lb (14,289 
kg); and for 2026 and subsequent years, Season 1 would be 14,094 lb 
(6,393 kg) and Season 2 would be 32,886 lb (14,917 kg).

Commercial Trip Limits

    Amendment 13C to the FMP established the current commercial trip 
limit for red porgy of 120 fish from May 1 through December 31, with no 
harvest allowed from January through April (71 FR 55096, September 21, 
2006). Regulatory Amendment 27 to the FMP removed the January to April 
commercial spawning season closure and established the current 60 fish 
trip limit from January 1 through April 30, to reduce discarding of red 
porgy by the commercial sector during the early part of the fishing 
year. Amendment 50 would modify the commercial trip limits for red 
porgy to be 15 fish for both Seasons 1 and 2.
    Under the proposed 15-fish trip limit, the lowest trip limit that 
was considered by the Council, commercial fishermen

[[Page 55379]]

could retain an amount of red porgy over the longest amount of time 
during the fishing seasons and would increase the likelihood of red 
porgy remaining open to commercial harvest and available to consumers 
for as long as possible. Additionally, the proposed trip limit is 
expected to minimize discards of incidentally harvested red porgy when 
targeting other snapper-grouper species such as gray triggerfish and 
vermilion snapper.

Recreational Bag and Possession Limits

    The current recreational bag and possession limits for red porgy in 
the South Atlantic, established by Amendment 13C to the FMP, are 3 per 
person per day, or 3 per person per trip, whichever is more 
restrictive. Amendment 50 would reduce the recreational bag and 
possession limits to 1 fish per person per day, or 1 fish per person 
per trip, whichever is more restrictive.
    Given the substantial reduction in harvest needed to end the 
overfishing of red porgy and increase the likelihood of rebuilding the 
stock, the Council selected the lowest bag limit that was considered in 
Amendment 50 to continue to allow recreational retention and to help 
constrain harvest to the reduced recreational ACL.

Recreational Fishing Season

    The recreational harvest of red porgy is currently allowed year-
round until the recreational ACL is met or is projected to be met. 
Amendment 50 would establish a recreational fishing season for red 
porgy where harvest would be allowed May 1 through June 30. The 
recreational sector would be closed annually from January 1 through 
April 30, and July 1 through December 31. During the proposed seasonal 
closures, the recreational bag and possession limits for red porgy 
would be zero.
    Given the substantial reductions in harvest that are needed to 
address the stock's overfishing and overfished determinations, 
shortening the time recreational fishing is allowed contributes to 
reducing the risk that recreational catches exceed the proposed reduced 
ACL. The Council selected the most conservative recreational fishing 
season alternative in Amendment 50 to reduce the chance the 
recreational ACL would be exceeded, while still allowing some 
recreational harvest opportunities to occur.

Recreational AMs

    The current recreational AMs were established through Amendment 34 
to the FMP (81 FR 3731, January 22, 2016). The AM includes an in-season 
closure for the remainder of the fishing year if recreational landings 
reach or are projected to reach the recreational ACL, regardless of 
whether the stock is overfished. The AM also includes post-season 
adjustments. If recreational landings exceed the recreational ACL, then 
during the following fishing year recreational landings will be 
monitored for a persistence in increased landings. If the total ACL is 
exceeded and red porgy are overfished, the length of the recreational 
fishing season and the recreational ACL are reduced by the amount of 
the recreational ACL overage.
    Amendment 50 would revise the recreational AMs for red porgy. The 
current in-season closure and the post-season AM would be removed. The 
proposed recreational AM would be a post-season AM that would be 
triggered in the following fishing year if the recreational ACL is 
exceeded. If recreational landings exceed the recreational ACL, the 
length of the following year's recreational fishing season would be 
reduced by the amount necessary to prevent the recreational ACL from 
being exceeded in the following year. However, the length of the 
recreational season would not be reduced if the Regional Administrator 
determines, using the best scientific information available, that a 
reduction is not necessary.
    The Council's intent in revising the recreational AMs is to avoid 
in-season closures of the recreational sector and extend maximum 
fishing opportunities to the sector during the proposed 2-month 
recreational season. The proposed AM would remove the current potential 
duplicate AM application of a reduction in the recreational season 
length and a payback of the recreational ACL overage if the total ACL 
was exceeded. Under this proposed measure, the AM trigger would not be 
tied to the total ACL, but only to the recreational ACL. The proposed 
modification would ensure that overages in the recreational sector do 
not in turn affect the catch levels for the commercial sector. Any 
reduced recreational season length as a result of the AM being 
implemented would apply to the recreational fishing season following a 
recreational ACL overage.

Proposed Rule for Amendment 50

    A proposed rule to implement Amendment 50 has been drafted. In 
accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule for Amendment 50 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 50 for Secretarial review, 
approval, and implementation. Comments on Amendment 50 must be received 
by November 8, 2022. Comments received during the respective comment 
periods, whether specifically directed to Amendment 50 or the proposed 
rule, will be considered by NMFS in the decision to approve, partially 
approve, or disapprove, Amendment 50. 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: September 6, 2022.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2022-19508 Filed 9-8-22; 8:45 am]
BILLING CODE 3510-22-P