[Federal Register Volume 87, Number 185 (Monday, September 26, 2022)]
[Proposed Rules]
[Pages 58302-58307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20705]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 220919-0194]
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: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 50 to the 
Fishery Management Plan for the Snapper-Grouper Fishery of the South 
Atlantic (FMP), as prepared and submitted by the South Atlantic Fishery 
Management Council (Council). For red porgy, this proposed rule would 
revise the sector annual catch limits (ACLs), commercial seasonal 
quotas, commercial trip limits, recreational bag and possession limits, 
recreational fishing season, and recreational accountability measures 
(AMs). In addition, Amendment 50 would establish a new rebuilding plan, 
and revise the acceptable biological catch (ABC), annual optimum yield 
(OY), and sector allocations. The purpose of this proposed rule and 
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 October 26, 2022.

ADDRESSES: You may submit comments on the proposed rule, 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 https://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 South Atlantic snapper-grouper fishery, 
which includes red porgy, is managed under the FMP. The FMP was 
prepared by the Council and implemented through regulations at 50 CFR 
part 622 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).

Background

    The Magnuson-Stevens Act requires that NMFS and 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.
    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 again 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, which 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 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), as discussed later in this proposed rule. 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 undergoing overfishing and is overfished. 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 red porgy stock has not 
rebuilt despite

[[Page 58303]]

management efforts throughout its management history.
    The findings of SEDAR 60 showed a declining trend in average 
recruitment throughout the time series reviewed in the assessment, and 
that red porgy has made little progress towards rebuilding, given the 
low recruitment in recent years. The projections within SEDAR 60 
indicate the reduced 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.
    In addition to the revisions to the commercial quotas and sector 
ACLs, modified red porgy management measures are needed to constrain 
commercial and recreational harvest to the proposed fishing levels. The 
proposed rule would reduce commercial trip and recreational bag and 
possession limits, and implement a 2-month recreational fishing season. 
The Council intends that the proposed actions would allow retention of 
red porgy over the longest predicted timeframe while preventing 
overfishing. The proposed rule would also adjust recreational AMs to 
ensure they are effective at keeping recreational landings from 
exceeding the recreational ACL and correct for overages when they 
occur. This proposed rule and Amendment 50 would not adjust commercial 
AMs.
    The Council determined that the actions in 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.

Management Measures Contained in This Proposed Rule

    This proposed rule would revise the sector ACLs, commercial 
seasonal quotas, commercial trip limits, recreational bag and 
possession limits, recreational fishing season, and recreational AMs. 
All weights described in this proposed rule are in gutted weight, 
unless otherwise specified.

Total ACLs

    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), round 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.
    The proposed rule would revise the total ACL equal to the 
recommended ABC of 75,000 lb (34,019 kg), round 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, and 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 Council determined the proposed sector 
allocations by applying the allocation formula adopted through the 
Comprehensive ACL Amendment to the FMP, which is ACL = ((mean landings 
2006-2008) x 0.5)) + ((mean landings 1986-2008) x 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, compared to recreational fishing, tends to occur in deeper 
water, 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 and 
this proposed rule 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 1 through April 30 (71 FR 55096; September 
21, 2006). Regulatory Amendment 27 to the FMP removed the January 1 
through April 30 spawning season commercial 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. This proposed rule would modify the commercial 
trip limits for red porgy to be 15 fish for both Seasons 1 and 2.
    The Council decided that under the proposed 15-fish commercial trip 
limit, the lowest trip limit considered, commercial fishermen could 
retain an amount of red porgy over the longest amount of time during 
the fishing seasons, and this would increase the likelihood of red 
porgy remaining open to commercial harvest and available to consumers 
for as long as possible. Additionally, the Council expects the

[[Page 58304]]

proposed commercial trip limit to minimize discards of incidentally 
harvested red porgy when fishers target 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. This proposed rule 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 red porgy 
overfishing immediately and to increase the likelihood of rebuilding 
the stock, the Council selected the lowest bag limit considered in 
Amendment 50 to continue to allow recreational retention and help 
constrain harvest to the reduced recreational ACL.

Recreational Fishing Season

    Recreational harvest of red porgy is currently allowed year-round 
until the recreational ACL is met or is projected to be met. This 
proposed rule would establish a recreational fishing season for red 
porgy where harvest would be allowed only from May 1 through June 30. 
The recreational sector would be closed annually from January 1 through 
April 30 and from 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 determination that the stock is undergoing overfishing and 
overfished, shortening the time recreational fishing is allowed helps 
to reduce the risk that recreational catches would exceed the proposed 
reduced sector 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 for 
some recreational harvest opportunities.

Recreational AMs

    The current AMs were established through Amendment 34 to the FMP 
(81 FR 3731; January 22, 2016). The current 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 current 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.
    This proposed rule would revise the recreational AMs for red porgy. 
Given the proposed 2-month fishing season, the current in-season 
closure and stock status based 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 AM is to avoid an 
in-season closure 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 the 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 in the year following a 
recreational ACL overage.

Management Measures in Amendment 50 Not Codified by This Proposed Rule

    In addition to the measures within this proposed rule, Amendment 50 
would revise the overfishing limit for red porgy equal to the ABC and 
update other biological reference points. The amendment would also 
establish a new rebuilding plan, and revise the ABC, the OY, and the 
sector allocations.

Rebuilding Plan for the South Atlantic Red Porgy Stock

    As previously discussed, 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 occurs 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 by the Council's 
SSC, the Council, and NMFS to be a more reliable estimate of 
recreational effort 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

[[Page 58305]]

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).

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 Amendment 50, 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.
    NMFS prepared an initial regulatory flexibility analysis (IRFA) for 
this proposed rule, as required by section 603 of the Regulatory 
Flexibility Act, 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 preamble and in the 
SUMMARY section of the preamble. A copy of the full analysis is 
available from NMFS (see ADDRESSES). A summary of the IRFA follows.
    The objective of this proposed rule and Amendment 50 is to end 
overfishing of South Atlantic red porgy, rebuild the stock, and achieve 
optimum yield while minimizing, to the extent practicable, adverse 
social and economic effects. The Magnuson-Stevens Act provides the 
legal basis for this proposed rule. No duplicative, overlapping, or 
conflicting Federal rules have been identified. No new reporting and 
record-keeping requirements are introduced by this proposed rule. All 
monetary estimates in the following analysis are in 2019 dollars.
    Amendment 50 would directly affect both anglers (recreational 
fishers) and commercial fishing businesses that harvest red porgy in 
the South Atlantic Exclusive Economic Zone (EEZ). Anglers, however, are 
not considered small entities as that term is defined in 5 U.S.C. 
601(6), whether fishing from for-hire fishing, private, or leased 
vessels. Therefore, neither estimates of the number of anglers nor the 
impacts on them are required or provided in this analysis. For-hire 
fishing businesses would be indirectly affected, and because the 
effects on for-hire businesses would be indirect, they fall outside the 
scope of the RFA.
    Any business that operates a commercial fishing vessel that 
harvests red porgy in the South Atlantic EEZ must have a valid South 
Atlantic snapper-grouper permit assigned to that vessel. From 2015 
through 2019, an annual average of 161 (24 percent) snapper-grouper 
permitted vessels reported landings of red porgy. Therefore, an annual 
average of 161 snapper-grouper permitted vessels would be directly 
affected by this proposed rule.
    For RFA purposes, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
involved in commercial fishing (NAICS 11411) 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 are not in excess of $11 million for all of its 
affiliated operations worldwide. The average annual total revenue for a 
snapper-grouper permitted vessel that landed red porgy from 2015 
through 2019 was $68,539, which is substantially less than the above 
threshold. Moreover, none of the permitted vessels that land red porgy 
have annual revenue close to or greater than $11 million. Hence, all of 
the businesses that operate snapper-grouper permitted vessels that land 
red porgy are small.
    Actions 1 and 2, which would establish a rebuilding plan and revise 
the ABC, annual OY, and total ACL for red porgy, would have indirect 
impacts on small businesses and their magnitudes are dependent on 
subsequent action.
    Action 3 of Amendment 50 revises the sector allocations and would 
increase the commercial allocation of the total ACL from 50 percent to 
51.43 percent. Currently, the commercial ACL is constant at 157,692 lb 
(71,528 kg), gutted weight, 164,000 lb (157,692 kg), whole weight. In 
combination, Actions 2 (ACL) and 3 would reduce the commercial ACL by 
120,603 lb (54,705 kg) in 2022, then have smaller reductions until it 
is reduced in 2026 and thereafter by 110,713 lb (50,219 kg). If average 
annual commercial ACL landings from 2015 through 2019 represent future 
baseline landings from 2022 through 2026, Action 3 (commercial 
allocation) would generate an average annual reduction of commercial 
ACL landings of 68,822 lb (31,217 kg) during that 5-year period. At an 
average dockside price of $2.35 per lb, if the average 161 snapper-
grouper permitted vessels with red porgy landings account for all 
commercial ACL landings of red porgy, they would collectively have 
annual losses of dockside revenue of $161,733 or individually have an 
average reduction of $1,005 (1.47 percent) per vessel. However, 
commercial landings reported by snapper-grouper permitted vessels 
represent, on average, 91.34 percent of commercial ACL landings from 
2015 through 2019. As such, the 161 permitted vessels would 
collectively have average annual reductions of red porgy landings of 
62,822 lb (28,496 kg) (91.34 percent of 68,822 lb) and dockside revenue 
of $147,727 or individually have average annual reductions of 427 lb 
(194 kg) and $918 (1.34 percent) per vessel.
    Commercial landings of red porgy are not equally divided across the 
states. On average, Florida and Georgia combined account for 28.73 
percent of the annual landings by weight and North Carolina and South 
Carolina account for 35.38 percent and 35.90 percent, respectively, of 
the annual landings by weight. Consequently, the average revenue losses 
per vessel under Action 3 (commercial allocation) vary by state. The 
average Florida or Georgia vessel would have an annual loss of $870 
(1.24 percent of total dockside revenue) for the average 49 vessels 
that land red porgy in Florida or Georgia. The average North Carolina 
vessel would have an annual loss of $747 (1.41 percent of total 
dockside revenue) for the average 70 vessels that land the species in 
North Carolina, and the average South Carolina vessel would have an 
annual loss of $1,251 (1.48 percent of total dockside revenue) for the 
average 42 vessels that land red porgy in South Carolina.
    Action 4 would reduce the commercial trip limits for red porgy in 
the South Atlantic EEZ from 60 to 15 fish in Season 1 (January 1 
through April 30) and 120 to 15 fish in Season 2 (May 1 through 
December 31). Because of the prohibition on commercially harvesting red 
porgy from January through April that had previously been in effect 
from January 1, 2015, to February 26, 2020, landings per trip during 
March and April of 2020 are used to evaluate baseline trips and 
landings per trip during March and April of Season 1. The resulting 
March and April figures are then doubled to produce estimates of the 
baseline number of trips and landings during Season 1. Baseline 
landings per trip during Season 2 are evaluated using landings from May 
1 through December 31 from 2015 through 2019.

[[Page 58306]]

    During Season 1, an estimated 7 (14.29 percent) of the 49 Florida 
and Georgia vessels report 82 trips that land over 15 red porgy. 
Similarly, an estimated 17 (24.29 percent) of the 70 North Carolina 
vessels and 13 (30.95 percent) of the 42 South Carolina vessels report 
86 and 84 trips, respectively, that land over 15 red porgy during 
Season 1. The average trip that lands over 15 red porgy during Season 1 
would lose 63 lb (29 kg) in Florida and Georgia, 45 lb (20 kg) in North 
Carolina, and 62 lb (28 kg) in South Carolina. The average losses in 
dockside revenue per vessel during Season 1 would be $1,734 for the 7 
snapper-grouper permitted vessels that land red porgy in Florida and 
Georgia, $535 for the 17 snapper-grouper permitted vessels that land 
the species in North Carolina, and $941 for the 13 snapper-grouper 
permitted vessels that land red porgy in South Carolina.
    From 2015 through 2019, an annual average of up to 52 vessels made 
293 trips that landed red porgy in Florida or Georgia during Season 2 
(May through December) and 68.60 percent of those trips made by 29 
vessels landed more than 15 fish. During that same 5-year period, an 
annual average of 70 vessels made 590 trips that landed red porgy in 
North Carolina during Season 2 and 52.88 percent of those trips made by 
47 vessels landed more than 15 fish. Furthermore, during that same 5-
year period an annual average of 42 vessels made 362 trips that landed 
red porgy in South Carolina during Season 2 and 66.85 percent of the 
trips made by 36 vessels landed more than 15 fish. The average trip 
that currently lands over 15 red porgy in Florida and Georgia would 
lose 127 lb (58 kg) of red porgy, while the average trips that land 
over 15 red porgy in North Carolina and South Carolina would lose 
respectively 75 lb (34 kg) and 103 lb (47 kg), respectively. With an 
average dockside price of $2.35 per lb, the annual average of 29 
vessels that land over 15 red porgy per trip during Season 2 in Florida 
and Georgia would have average individual annual reductions of $2,069. 
Similarly, the average annual 47 vessels that land over 15 fish per 
trip in North Carolina and 38 vessels that land over 15 fish per trip 
in South Carolina during Season 2 would have an average annual revenue 
loss of $1,170 and $1,627 per vessel, respectively.
    Action 5 (recreational bag limits and recreational fishing season) 
and Action 6 (recreational AMs) would have direct impacts on anglers 
(recreational fishers), and no direct impacts on small businesses. 
Therefore, descriptions of those actions and analysis of their impacts 
are neither required nor provided.
    The average impacts of each of the proposed actions on a snapper-
grouper permitted vessel that reports landings of red porgy are 
summarized in Table 1. The maximum and minimum average annual adverse 
impacts of the combined actions per vessel are summarized in Table 2.

                Table 1--Summary of Average Annual Adverse Impacts per Vessel by State by Action
----------------------------------------------------------------------------------------------------------------
      Action          Brief description      Florida and Georgia       North Carolina          South Carolina
----------------------------------------------------------------------------------------------------------------
1................  Rebuilding Timeframe..                            No direct impact.
                                          ----------------------------------------------------------------------
2................  Total OY & ACL........                            No direct impact.
                                          ----------------------------------------------------------------------
3................  Commercial ACL........  $870 per vessel for 49  $747 per vessel for 70  $1,251 per vessel for
                                            (100%) vessels.         (100%) vessels.         42 (100%) vessels.
4................  Season 1 Trip Limit...  $1,734 per vessel for   $535 per vessel for 17  $535 per vessel for
                                            7 (14.29%) vessels.     (24.29%) vessels.       13 (30.95%) vessels.
                   Season 2 Trip Limit...  $2,069 for 29 vessels.  $1,179 per vessel for   $1,627 per vessel for
                                                                    47 vessels.             38 vessels.
                                          ----------------------------------------------------------------------
5................  Recreational bag limit                            No direct impact.
                                          ----------------------------------------------------------------------
6................  Recreational                                      No direct impact.
                    Accountability
                    Measures.
----------------------------------------------------------------------------------------------------------------


Table 2--Maximum and Minimum Average Annual Impacts per Vessel for Percentage of Snapper-Grouper Permitted Vessels That Land Red Porgy and Those Impacts
                                                   as Percentage of Average Annual Revenue per Vessel
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Percent of                                      Percent of
                                                              Maximum         average       Percent of        Minimum         average       Percent of
                          State                               average         number          average         average         number          average
                                                              impact          vessels         revenue         impact          vessels         revenue
--------------------------------------------------------------------------------------------------------------------------------------------------------
FL/GA...................................................          $4,673           14.29            6.64            $870          100.00            1.24
NC......................................................           2,461           24.29            4.65             747          100.00            1.41
SC......................................................           3,413           30.95            4.03           1,251          100.00            1.48
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As described in Amendment 50, annual net revenue from operations 
for vessels in the commercial snapper-grouper industry was 
approximately 5 percent of their average annual total revenue from 2014 
through 2016, while average net cash flow was about 19 percent of their 
average annual gross revenue during this time. Given the extent that 
the average maximum adverse impact could represent reductions of annual 
total revenue from 4.03 percent to 6.64 percent, it is determined that 
this proposed rule would have a significant adverse impact on a 
substantial number of small entities.
    Three alternatives to Action 2, which would revise the total ACL, 
were considered, but not selected by the Council. Two of those 
alternatives would have larger decreases in the total ACL and 
subsequently larger reductions

[[Page 58307]]

in the commercial ACL. As such, those two alternatives would have a 
larger adverse impact on small businesses. The third alternative, the 
status quo, would have no adverse impact on small businesses beyond the 
baseline.
    The status-quo alternative to Action 3 (commercial allocation and 
sector ACLs), which would keep the commercial allocation of the total 
ACL at 50 percent, was considered, but not selected by the Council. It 
would have a larger adverse economic impact on small businesses than 
the selected alternative.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 622

    Accountability measures, Annual catch limits, Commercial, 
Fisheries, Fishing, Recreational, Red porgy, South Atlantic.

    Dated: September 19, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

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

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

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

0
2. In Sec.  622.183, add paragraph (b)(9) to read as follows:


Sec.  622.183  Area and seasonal closures.

* * * * *
    (b) * * *
    (9) Red porgy recreational sector closure. The recreational sector 
for red porgy is closed from January 1 through April 30, and July 1 
through December 31, each year. During a closure, the bag and 
possession limits for red porgy in or from the South Atlantic EEZ are 
zero.
0
3. In Sec.  622.187, revise paragraphs (b)(6) and (c)(2) to read as 
follows:


Sec.  622.187  Bag and possession limits.

* * * * *
    (b) * * *
    (6) Red porgy. 1.
* * * * *
    (c) * * *
    (2) A person aboard a vessel may not possess red porgy in or from 
the EEZ in excess of one per day or one per trip, whichever is more 
restrictive.
0
4. In Sec.  622.190, revise paragraphs (a) introductory text and 
(a)(6)(i) and (ii) to read as follows;


Sec.  622.190   Quotas.

* * * * *
    (a) South Atlantic snapper-grouper, excluding wreckfish. The quotas 
apply to persons who are not subject to the bag limits. (See Sec.  
622.11 for applicability of the bag limits.) The quotas are in gutted 
weight, that is eviscerated but otherwise whole, except for the quotas 
in paragraphs (a)(4), (5), and (7) of this section which are in both 
gutted weight and round weight.
* * * * *
    (6) * * *
    (i) For the period January 1 through April 30 each year.
    (A) For the 2022 fishing year--11,127 lb (5,047 kg).
    (B) For the 2023 fishing year--12,017 lb (5,451 kg).
    (C) For the 2024 fishing year--12,907 lb (5,855 kg).
    (D) For the 2025 fishing year--13,500 lb (6,123 kg).
    (E) For the 2026 and subsequent fishing years--14,094 lb (6,393 
kg).
    (ii) For the period May 1 through December 31 each year.
    (A) For the 2022 fishing year--25,962 lb (11,776 kg).
    (B) For the 2023 fishing year--28,039 lb (12,718 kg).
    (C) For the 2024 fishing year--30,116 lb (13,660 kg).
    (D) For the 2025 fishing year--31,501 lb (14,289 kg).
    (E) For the 2026 and subsequent fishing years--32,886 lb (14,917 
kg).
* * * * *
0
5. In Sec.  622.191, revise paragraphs (a)(4)(i) and (ii) to read as 
follows:


Sec.  622.191   Commercial trip limits.

* * * * *
    (a) * * *
    (4) * * *
    (i) From January 1 through April 30--15 fish.
    (ii) From May 1 through December 31--15 fish.
* * * * *
0
6. In Sec.  622.193, revise paragraphs (v)(1)(ii) and (v)(2) and add 
paragraph (v)(3) to read as follows:


Sec.  622.193  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (v) * * *
    (1) * * *
    (ii) If commercial landings for red porgy, as estimated by the SRD, 
exceed the commercial ACL, and the combined commercial and recreational 
ACL as specified in paragraph (v)(3) of this section, is exceeded 
during the same fishing year, and red porgy are overfished based on the 
most recent Status of U.S. Fisheries Report to Congress, the AA will 
file a notification with the Office of the Federal Register to reduce 
the commercial ACL in the following fishing year by the amount of the 
commercial ACL overage in the prior fishing year.
    (2) Recreational sector. (i) If recreational landings for red 
porgy, as estimated by the SRD, exceed the recreational ACL specified 
in paragraph (v)(2)(ii) of this section, then during the following 
fishing year, the AA will file a notification with the Office of the 
Federal Register to reduce the length of the recreational fishing 
season by the amount necessary to ensure recreational landings do not 
exceed the recreational ACL. However, the length of the recreational 
fishing season will not be reduced in the following fishing year if 
NMFS determines, using the best scientific information available, that 
no fishing season reduction is necessary. When the recreational sector 
is closed as a result of NMFS reducing the length of the recreational 
fishing season, the bag and possession limits for red porgy in or from 
the South Atlantic EEZ are zero.
    (ii) The recreational ACL for red porgy is 35,026 lb (15,888 kg), 
gutted weight, for the 2022 fishing year; 37,829 lb (17,139 kg), gutted 
weight, for 2023 fishing year; 40,631 lb (18,430 kg), gutted weight, 
for the 2024 fishing year; 42,499 lb (19,277 kg), gutted weight, for 
the 2025 fishing year; and 44,367 lb (20,125 kg), gutted weight, for 
the 2026 and subsequent fishing years.
    (3) Combined commercial and recreational ACLs. The combined 
commercial and recreational ACL for red porgy is 72,115 lb (32,711 kg), 
gutted weight, 75,000 lb (34,019 kg), round weight, for the 2022 
fishing year; 77,885 lb (35,328 kg), gutted weight, 81,000 lb (36,741 
kg), round weight, for 2023 fishing year; 83,654 lb (37,945 kg), gutted 
weight, 87,000 lb (39,463 kg), round weight, for the 2024 fishing year; 
87,500 lb (39,689 kg), gutted weight, 91,000 lb (41,277 kg), round 
weight, for the 2025 fishing year; and 91,346 lb (41,434 kg), gutted 
weight, 95,000 lb (43,091 kg), round weight, for the 2026 and 
subsequent fishing years.
* * * * *
[FR Doc. 2022-20705 Filed 9-23-22; 8:45 am]
BILLING CODE 3510-22-P