[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Proposed Rules]
[Pages 14964-14969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04913]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 230306-0067]
RIN 0648-BM00


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Amendment 54

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in 
Amendment 54 to the Fishery Management Plan (FMP) for the Reef Fish 
Resources of the Gulf of Mexico (Gulf) (Amendment 54), as prepared by 
the Gulf of Mexico Fishery Management Council (Council). This proposed 
rule and Amendment 54 would revise Gulf greater amberjack sector 
allocations and catch limits. The purposes of this proposed rule and 
Amendment 54 are to end overfishing of Gulf greater amberjack and to 
update catch limits to be consistent with the best scientific 
information available.

DATES: Written comments must be received on or before April 10, 2023.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2023-0007,'' 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-2023-0007'', in the Search 
box. Click the ``Comment'' icon, complete the required fields, and 
enter or attach your comments.
     Mail: Submit written comments to Kelli O'Donnell, 
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 54, which includes an environmental 
assessment, a fishery impact statement, a Regulatory Flexibility Act 
(RFA) analysis, and a regulatory impact review, may be obtained from 
the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/amendment-54-modifications-greater-amberjack-catch-limits-sector-allocation-and-rebuilding.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, telephone: 727-824-
5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery, which includes greater amberjack, under the FMP. The 
Council prepared the FMP and NMFS implements the FMP through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
    All weights in this proposed rule are in round weight unless 
otherwise noted.

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the optimum yield from federally managed fish stocks. These 
mandates are intended to ensure fishery resources are managed for the 
greatest overall benefit to the nation, particularly with respect to 
providing food production and recreational opportunities, and 
protecting marine ecosystems.
    Greater amberjack in the Gulf exclusive economic zone (EEZ) are 
managed as a single stock with

[[Page 14965]]

commercial and recreational annual catch limits (ACLs) and annual catch 
targets (ACTs)(quotas). The allocation of the stock ACL between the 
commercial and recreational sectors is 27 percent commercial and 73 
percent recreational and was implemented through Amendment 30A to the 
FMP in 2008 (73 FR 38139, July 3, 2008). In Amendment 30A, the Council 
initially decided to establish sector allocations based on the long-
term average landings from the recreational and commercial sectors from 
1981 through 2004. However, during amendment development, the Council 
noted that the early years of the time series were primarily 
recreational landings (84 percent of landings from 1981-1987) while the 
most recent years in the allocation time series (2001-2004) had 
increasing landings by the commercial sector (32 percent of landings 
from 2001-2004). Ultimately, the Council agreed to an allocation that 
reassigned 2 percent of the commercial allocation to the recreational 
sector and established the current sector allocation.
    Greater amberjack has been under a rebuilding plan since 2003. This 
rebuilding plan was implemented with Secretarial Amendment 2 and was 
expected to rebuild the stock by 2010 (68 FR 39898, July 3, 2003). In 
2006, the Southeast Data, Assessment, and Review (SEDAR) 9 assessment 
showed that the greater amberjack stock was not recovering as 
previously projected. The stock continued to be overfished and was 
experiencing overfishing. The Council developed Amendment 30A to end 
overfishing and rebuild the stock by 2010, consistent with the time 
frame of the original rebuilding plan. In 2010, the SEDAR 9 Update was 
completed and indicated that the stock remained overfished and was 
continuing to experience overfishing. In response, the Council 
developed Amendment 35 to the FMP (77 FR 67574, December 13, 2012). The 
management measures implemented in Amendment 35 were expected to end 
overfishing; however, it could not be determined if the stock would 
meet its rebuilding schedule until a new benchmark assessment was 
completed. In 2014, the SEDAR 33 benchmark stock assessment was 
completed and showed that greater amberjack remained overfished, was 
experiencing overfishing as of 2012, and did not meet the rebuilding 
time established in Secretarial Amendment 2. In 2015, the Council 
developed a framework action that further reduced the sector ACLs and 
ACTs in an effort to end overfishing and rebuild the stock by the end 
of 2019 (80 FR 75432, December 2, 2015). In 2016, the SEDAR 33 Update 
assessment was completed and showed that greater amberjack was still 
overfished and undergoing overfishing as of 2015 and the stock would 
not be rebuilt by 2019 as previously projected. In 2017, NMFS notified 
the Council that the stock was not making adequate progress towards 
rebuilding and the Council developed a framework action to modify the 
rebuilding time and the catch levels. The framework action, which was 
implemented in 2018, reduced sector ACLs and ACTs in an effort to end 
overfishing and rebuild the stock by 2027 (82 FR 61485, December 28, 
2017).
    The SEDAR 70 assessment for Gulf greater amberjack was completed in 
November 2020, and indicated that the Gulf greater amberjack stock 
continued to be overfished and undergoing overfishing, but could 
rebuild by 2027 with reduced yields. NMFS informed the Council of these 
determinations in a letter dated April 7, 2021, and the Council began 
work on Amendment 54 to update the greater amberjack rebuilding plan.
    The SEDAR 70 assessment used updated recreational catch and effort 
data from the Marine Recreational Information Program (MRIP) Access 
Point Angler Intercept Survey (APAIS) and Fishing Effort Survey (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 54, 
total recreational fishing effort estimates generated from MRIP-FES are 
generally higher than both the MRFSS and MRIP-CHTS estimates. Although 
both MRIP-CHTS and MRIP-FES generate estimates measured in pounds of 
fish, these estimates are not directly comparable. To signify that the 
estimates use different scales, this rule uses the terms ``MRIP-CHTS 
units'' and ``MRIP-FES units'' to describe the recreational catch 
limits. To illustrate the difference in the survey estimates, the 
Southeast Fisheries Science Center (SEFSC) conducted an analysis to 
determine what the current greater amberjack stock ACL of 1,794,000 lb 
(813,745 kg) (MRIP-CHTS units) would be in MRIP-FES units. That 
analysis showed that greater amberjack stock ACL would be estimated at 
2,930,000 lb (1,329,026 kg) (MRIP-FES units). This difference in the 
stock ACL is because MRIP-FES is designed to more accurately measure 
fishing effort, not because there was a sudden increase in fishing 
effort.
    Based on the results of SEDAR 70, the Council's SSC recommended a 
decrease in the overfishing level (OFL) and acceptable biological catch 
(ABC) to end overfishing of greater amberjack and allow the stock to 
meet its current rebuilding time. Since these catch level 
recommendations assumed status quo sector allocations (27 percent 
commercial and 73 percent recreational), which were based in part on 
1981-2004 landings estimates generated using data generated by MRFSS, 
the Council requested that the SEFSC provide alternative catch level 
projections based on sector allocation alternatives that used MRIP-FES 
data and several different time series: the same time series used in 
Amendment 30A (1981-2004); a time series that begins when commercial 
greater amberjack landings were identified by species and ends prior to 
the implementation of the current sector allocations, sector catch 
limits, and AMs (1993-2007); and a time series that begins when 
commercial greater amberjack landings were identified by species and 
ends with the most recent data available at the time the alternatives 
were developed (1993-2019). The Council's SSC reviewed these 
alternative sector allocation analysis and affirmed its prior 
determination that SEDAR 70 represented, and the projections produced 
by the assessment are, the best scientific information available.
    The commercial and recreational allocation percentages impact the 
catch level projections. As more of the stock ACL is allocated to the 
recreational sector, the proportion of recreational discards increases. 
The recreational discard mortality rate (10 percent) is assumed to be 
less than the commercial discard mortality rate (20 percent). However, 
the magnitude of recreational discards is considerably greater than 
commercial discards because there are more recreational fishermen. 
Generally, a fish caught and released by a recreational fishermen has a 
greater likelihood of survival than a fish released by a commercial 
fishermen because of the differences in how and where the sectors fish. 
However, because of the greater numbers of greater amberjack that are 
released by the recreational sector versus the commercial sector, the 
total number of discards that die from the recreational fishing exceeds 
those attributed to commercial fishing. This results in additional 
mortality for the stock and a lower projected annual yield, which 
results in a reduced OFL, ABC, and stock ACL. However, this is not a 
result

[[Page 14966]]

of any change in how the recreational sector prosecutes the fishery but 
occurs because MRIP-FES estimates higher levels of fishing effort, and 
consequently a greater number of fish being caught, which includes 
discards and the associated mortality of discarding fish.
    In Amendment 54, the Council considered several sector allocation 
alternatives: maintaining the current allocation percentages, and using 
the various time series reviewed by the SSC to adjust the allocation to 
reflect the most recent understanding of historical landings. The 
Council recognized that all of these alternatives are reasonably 
calculated to promote conservation of the greater amberjack stock 
because they would modify the allowable harvest consistent with the 
result of SEDAR 70 and the SSC's recommendations, which is expected to 
allow the stock to rebuild by 2027. In considering the fairness and 
equity of the allocation alternatives, the Council recognized that 
maintaining the current percentages would disproportionally impact on 
the recreational sector given the transition to MRIP-FES and that 
maintaining the current time series updated with MRIP-FES data would 
disproportionally impact the commercial sector by failing to account 
for the fact that commercial landings of greater amberjack prior to 
1993 may not have been properly identified. The Council decided to 
adjust the allocation in Amendment 54 using the 1993-2019 time series 
because this represents the longest time series during which commercial 
greater amberjack landings have been identified by species. This 
results in a shift of the commercial and recreational allocation from 
27 percent and 73 percent, respectively, to 20 percent and 80 percent, 
respectively.
    The catch levels recommended by the SSC would increase the 
allowable harvest each year through the end of the rebuilding plan in 
2027. However, the Council determined that because the greater 
amberjack stock has not rebuilt as expected under the current and 
previous rebuilding plans, a more cautious approach is necessary. 
Therefore, Amendment 54 and this proposed rule would adopt a constant 
catch strategy and modify the OFL and ABC to be 2,033,000 lb (922,153 
kg) and 505,000 lb (229,064 kg), respectively. The stock ACL would be 
equal to the ABC.

Management Measures Contained in This Proposed Rule

    If implemented, this proposed rule would revise the sector ACLs and 
ACTs for Gulf greater amberjack.

ACLs

    The current stock ACL for Gulf greater amberjack is equal to the 
ABC of 1,794,000 lb (813,745 kg), and the current sector ACLs for Gulf 
greater amberjack are 484,380 lb (219,711 kg) for the commercial sector 
and 1,309,620 lb (594,034 kg) for the recreational sector. These catch 
levels are based on the results of SEDAR 33 Update, which used data 
from MRIP-CHTS. As explained above, had the current stock ACL been 
derived using MRIP-FES data, it would have been 2,930,000 lb (1,329,026 
kg). This rule would reduce the stock ACL for Gulf greater amberjack to 
505,000 lb (229,064 kg). Applying the allocation selected by the 
Council in Amendment 54 results in a proposed commercial ACL of 101,000 
lb (45,813 kg) and a proposed recreational ACL of 404,000 lb (183,251 
kg).

ACTs

    The Council applied its ACL/ACT Control Rule using landings data 
for 2013-2016 to set the current commercial and recreational sector 
buffers between the ACL and ACT. This results in reduction in the 
buffer between the commercial ACL and ACT from 13 percent to 7 percent. 
The buffer between the recreational ACL and ACT remains at 17 percent. 
Applying these buffers results in a proposed commercial ACT of 93,930 
lb (42,606 kg) and a proposed recreational ACT of 335,320 lb (152,099 
kg).

Management Measures in Amendment 54 Not Codified Through This Proposed 
Rule

OFL and ABC

    The current OFL and ABC for Gulf greater amberjack are 2,167,000 lb 
(982,935 kg) and 1,794,000 lb (813,745 kg), respectively, and are based 
on the Council's SSC's recommendations from the SEDAR 33 Update, which 
used recreational landings estimates from MRIP-CHTS. Amendment 54 would 
use a constant catch OFL and ABC based on SEDAR 70 and consistent with 
the SSC's recommendations. The revised OFL would be 2,033,000 lb 
(922,153 kg) and the revised ABC would be 505,000 lb (229,064 kg).

Sector Allocations

    The current sector allocation of the stock ACL (equal to the ABC) 
is 27 percent to the commercial sector and 73 percent to the 
recreational sector. Amendment 54 would revise the Gulf greater 
amberjack allocation between the commercial and recreational sectors by 
using the average landings from 1993-2019 using MRIP-FES landings for 
this time series. This results in a new allocation of the Gulf greater 
amberjack stock ACL of 20 percent for the commercial sector and 80 
percent for the recreational sector.

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 54, the FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866. The Magnuson-Stevens Act provides 
the legal basis for this proposed rule. No duplicative, overlapping, or 
conflicting Federal rules have been identified. In addition, no new 
reporting and record-keeping requirements are introduced by this 
proposed rule. This proposed rule contains no information collection 
requirements under the Paperwork Reduction Act of 1995.
    NMFS prepared an 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 SUMMARY and 
SUPPLEMENTARY INFORMATION sections of the preamble. A copy of the full 
analysis is available from NMFS (see ADDRESSES). A summary of the IRFA 
follows.
    The objectives of this proposed rule are to end overfishing and 
rebuild the greater amberjack stock as required by the Magnuson-Stevens 
Act, and update existing greater amberjack catch limits and allocations 
to be consistent with the best scientific information available, FMP 
objectives, and contemporary data collection methods. All monetary 
estimates in the following analysis are in 2020 dollars.
    This proposed rule would revise the sector allocations of the total 
ACL for Gulf greater amberjack from 73 percent for the recreational 
sector and 27 percent for the commercial sector to 80 percent for the 
recreational sector and 20 percent for the commercial sector. The 
current OFL, ABC, and total ACL are 2.167 million lb (982,935 kg), 
1.794 million lb (813,745 kg), and 1.794 million lb (813,745 kg), 
respectively. The recreational portion of these values are based on 
MRIP-CHTS data. This proposed rule would change the OFL

[[Page 14967]]

and ABC to 2.033 million lb (922,153 kg) and 505,000 lb (229,064 kg), 
respectively, consistent with the results of the most recent stock 
assessment and the recommendations of the Council's SSC, and set the 
total ACL equal to the ABC of 505,000 lb (229,064 kg). The recreational 
portion of these values are based on MRIP-FES data. Applying the new 
sector allocations would change the recreational ACL from 1,309,620 lb 
(594,033 kg) in MRIP-CHTS units to 404,000 lb (183,251 kg) in MRIP-FES 
units and reduce the commercial ACL from 484,380 lb (219,675 kg) to 
101,000 lb (45,812 kg). This proposed rule would retain the current 17 
percent buffer between the recreational ACL and ACT. As such, the 
recreational ACT would be revised from 1,086,985 lb (493,048 kg) in 
MRIP-CHTS units to 335,320 lb (152,099 kg) in MRIP-FES units given the 
proposed reduction in the recreational ACL. This proposed rule would 
also decrease the buffer between the commercial ACL and ACT from 13 
percent to 7 percent, and thereby reduce the commercial ACT from 
421,411 lb (191,148 kg) to 93,930 lb (42,606 kg) given the proposed 
reduction in the commercial ACL. As a result, this proposed rule is 
expected to regulate commercial and charter vessel/headboat (for-hire) 
fishing businesses that harvest Gulf greater amberjack.
    A valid commercial Gulf reef fish vessel permit is required in 
order for commercial fishing vessels to legally harvest greater 
amberjack in the Gulf. At the end of 2020, 837 vessels possessed a 
valid commercial Gulf reef fish vessel permit. However, not all vessels 
with a commercial Gulf reef fish permit actually harvest greater 
amberjack in the Gulf. From 2016 through 2020, the average number of 
vessels that commercially harvested Gulf greater amberjack was 201. 
Ownership data regarding vessels that harvest Gulf greater amberjack is 
incomplete. Therefore, accurately determining affiliations between 
these particular vessels is not currently feasible. Because of the 
incomplete ownership data, for purposes of this analysis, NMFS assumes 
each of these vessels is independently owned by a single business, 
which NMFS expects to result in an overestimate of the actual number of 
businesses directly regulated by this proposed action. Thus, NMFS 
assumes this proposed rule would regulate and directly affect 201 
commercial fishing businesses.
    Although the proposed changes to the recreational ACL and ACT would 
apply to recreational anglers, the RFA does not consider recreational 
anglers to be entities. Small entities include small businesses, small 
organizations, and small governmental jurisdictions (5 U.S.C. 601(6) 
and 601(3)-(5)). Recreational anglers are not businesses, 
organizations, or governmental jurisdictions and so they are outside 
the scope of this analysis (5 U.S.C. 603).
    A valid charter vessel/headboat Gulf reef fish vessel permit is 
required in order for for-hire vessels to legally harvest greater 
amberjack in the Gulf. NMFS does not possess complete ownership data 
regarding vessels that hold charter vessel/headboat Gulf reef fish 
vessel permits, and thus potentially harvest greater amberjack. 
Therefore, accurately determining affiliations between these vessels 
and the businesses that own them is not currently feasible. As a 
result, for purposes of this analysis, NMFS assumes each for-hire 
vessel is independently owned by a single business, which NMFS expects 
to result in an overestimate of the actual number of for-hire fishing 
businesses regulated by this proposed rule.
    This proposed rule would only be expected to alter the fishing 
behavior of for-hire vessels that target greater amberjack in the Gulf 
(i.e., the behavior of for-hire vessels that incidentally harvest 
greater amberjack in the Gulf is not expected to change). Therefore, 
only for-hire vessels that target greater amberjack in the Gulf are 
expected to be directly affected by this proposed regulatory action. 
NMFS does not possess data indicating how many for-hire vessels 
actually harvest or target Gulf greater amberjack in a given year. 
However, in 2020, there were 1,289 vessels with valid charter vessel/
headboat Gulf reef fish vessel permits. Further, Gulf greater amberjack 
is primarily targeted in waters off the west coast of Florida. Of the 
1,289 vessels with valid charter vessel/headboat Gulf reef fish vessel 
permits, 803 were homeported in Florida. Of these permitted vessels, 62 
are primarily used for commercial fishing rather than for-hire fishing 
purposes and thus are not considered for-hire fishing businesses. In 
addition, 46 of these permitted vessels are considered headboats, which 
are considered for-hire fishing businesses. However, headboats take a 
relatively large, diverse set of anglers to harvest a diverse range of 
species on a trip, and therefore do not typically target a particular 
species. Therefore, NMFS assumes that no headboat trips would be 
canceled, and thus no headboats would be directly affected as a result 
of this proposed regulatory action. However, charter vessels often 
target greater amberjack. Of the 803 vessels with valid charter vessel/
headboat Gulf reef fish vessel permits that are homeported in Florida, 
695 vessels are charter vessels. A recent study reported that 76 
percent of charter vessels with valid charter vessel/headboat permits 
in the Gulf were active in 2017 (i.e., 24 percent were not fishing). A 
charter vessel would only be directly affected by this proposed rule if 
it is fishing. Given this information, the best estimate of the number 
of charter vessels that are likely to target Gulf greater amberjack in 
a given year is 528. Thus, this proposed rule is estimated to regulate 
and directly affect 528 for-hire fishing businesses.
    For RFA purposes, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (50 CFR 200.2). A business primarily 
involved in the commercial fishing industry is classified as a small 
business if it is independently owned and operated, is not dominant in 
its field of operation (including its affiliates), and its combined 
annual receipts (revenue) are not in excess of $11 million for all of 
its affiliated operations worldwide. From 2016 through 2020, the 
maximum annual gross revenue earned by a single commercial reef fish 
vessel during this time was about $1.73 million, while the average 
annual gross revenue for a vessel commercially harvesting Gulf greater 
amberjack was $190,612. Based on this information, all commercial 
fishing businesses regulated by this proposed rule are determined to be 
small entities for the purpose of this analysis.
    For other industries, the Small Business Administration has 
established size standards for all major industry sectors in the U.S., 
including for-hire businesses (NAICS code 487210). A business primarily 
involved in for-hire fishing is classified as a small business if it is 
independently owned and operated, is not dominant in its field of 
operation (including its affiliates), and has annual receipts (revenue) 
not in excess of $14 million for all its affiliated operations 
worldwide. NMFS does not have the necessary data to estimate the 
maximum annual gross revenue for all regulated charter vessels. 
However, the maximum annual gross revenue for a single headboat in the 
Gulf was about $1.38 million in 2017. On average, annual gross revenue 
for headboats in the Gulf is about three times greater than annual 
gross revenue for charter vessels. Based on this information, all for-
hire fishing businesses regulated by this proposed rule are determined 
to be small businesses for the purpose of this analysis.

[[Page 14968]]

    If implemented, NMFS expects this proposed rule to directly affect 
201 of the 837 vessels with commercial Gulf reef fish permits, or 
approximately 24 percent of those commercial fishing businesses. 
Further, this proposed rule is expected to directly affect 528 of the 
1,227 for-hire fishing businesses with valid charter vessel/headboat 
permits in the Gulf reef fish fishery, or approximately 43 percent of 
those for-hire fishing businesses. All regulated commercial and for-
hire fishing businesses have been determined, for the purpose of this 
analysis, to be small entities. Based on this information, the proposed 
rule is expected to affect a substantial number of small businesses.
    For vessels that commercially harvest greater amberjack in the 
Gulf, currently available data indicates that economic profits are 
approximately 38 percent of annual average gross revenue. Given that 
their average annual gross revenue is $190,612, annual average economic 
profit per vessel is estimated to be approximately $72,433. The 
proposed action to change the sector allocations and the total ACL 
would reduce the commercial ACL and thus also reduce the commercial ACT 
(commercial quota). The commercial quota, which is used to constrain 
harvest, would decrease from 421,411 lb (191,149 kg) to 87,870 lb 
(39,857 kg). However, average commercial landings of Gulf greater 
amberjack were 429,113 lb (194,642 kg) from 2015-2019. Thus, the 
reduction in commercial landings is expected to be 341,243 lb (154,785 
kg), or 328,119 lb (148,832 kg), gutted weight. This reduction in 
commercial landings is not expected to increase the average ex-vessel 
price due to the relatively high number of substitute products (e.g., 
imports, other reef fish species landed in the Gulf and South Atlantic, 
etc.). Thus, assuming the average ex-vessel price of $1.92 per lb 
gutted weight from 2016-2020, annual gross revenue is expected to 
decrease by $629,988, and economic profit is expected to decrease by 
$239,395. On a per vessel basis, annual gross revenue and economic 
profit are expected to decrease by $3,134 and $1,191, respectively.
    Based on the most recent information available, average annual 
economic profits are approximately $27,000 per charter vessel. The 
proposed action to change the sector allocations and the total ACL 
would revise the recreational ACL and thus also revise the recreational 
ACT, which is used to constrain harvest. The proposed change to the 
recreational ACT is expected to change the length of the recreational 
fishing season. The proposed recreational ACT reduction is expected to 
reduce the recreational season length from 123 days to 20 days. From 
2018 through 2021, the average number of trips targeting Gulf greater 
amberjack by charter vessels was 14,379. The expected number of target 
trips under the projected season length of 20 days is 1,221 trips, and 
thus target trips are expected to decline by 13,158 trips. Net Cash 
Flow per Angler Trip (CFpA) is the best available estimate of profit 
per angler trip by charter vessels. CFpA on charter vessels is 
estimated to be $143 per angler trip. Thus, the estimated reduction in 
charter vessel profits from this action is expected to be about $1.882 
million, or $3,564 per for-hire fishing business. Thus, economic 
profits are expected to be reduced by more than 13 percent on average 
per for-hire fishing business.
    The proposed action to reduce the buffer between the commercial ACL 
and ACT from 13 percent to 7 percent is expected to increase the 
commercial ACT by 6,060 lb (2,749 kg), or 5,827 lb (2,643 kg), gutted 
weight, relative to what it would be under the proposed action to 
decrease the commercial ACL. Given the significant reduction in the 
commercial ACL relative to recent average commercial landings, these 
additional pounds are expected to be harvested. The expected increase 
in commercial landings is expected to increase average annual gross 
revenue by $11,188 and thus economic profit by $4,251. On a per vessel 
basis, annual gross revenue and economic profit are expected to 
increase by $56 and $21, respectively.
    Based on the proposed action to reduce the commercial catch limits 
and the proposed reduction in the buffer between the commercial ACL and 
ACT, the total reductions in gross revenue and economic profits for 
commercial fishing businesses from this proposed rule are expected to 
be $618,800 and $235,144, respectively. On a per vessel basis, the 
total reductions in annual gross revenue and economic profit are 
expected to be $3,079 and $1,170, respectively. Thus, economic profits 
are expected to be reduced by approximately 1.6 percent on average per 
commercial fishing business.
    Five alternatives, including the status quo, were considered for 
the proposed action to revise the sector allocations, OFL, ABC, total 
ACL, and sector ACLs for greater amberjack in the Gulf. The first 
alternative, the status quo, would have retained the current allocation 
of the total ACL between the recreational and commercial sectors at 73 
percent and 27 percent, respectively. It also would have maintained the 
OFL, ABC, total ACL, recreational ACL, and commercial ACL at 2.167 
million lb (982,935 kg), 1.794 million lb (813,745 kg), 1.794 million 
lb (813,745 kg), 1,309,620 lb (594,033 kg), and 484,380 lb (219,675 
kg). This alternative was not selected as it would not be based on the 
best scientific information available and therefore is inconsistent 
with National Standard 2 of the Magnuson-Stevens Act. Further, this 
alternative is inconsistent with the SSC's OFL and ABC recommendations.
    The second alternative would have maintained the allocation of the 
total ACL at 73 percent recreational and 27 percent commercial. This 
alternative would have also revised the OFL and ABC as recommended by 
the SSC based on this sector allocation and the most recent stock 
assessment, set the total ACL equal to the ABC, and increased the OFL, 
ABC, total ACL, and sector ACLs each year through 2027. This 
alternative would be based on the best scientific information available 
and is consistent with the SSC's OFL and ABC recommendations. However, 
this alternative was not selected by the Council because it is partly 
based on MRFSS data, which significantly underestimates historical 
landings and effort in the recreational sector and thus does not 
accurately reflect the importance of Gulf greater amberjack to the 
recreational sector during the time period used as the basis for the 
status quo allocation (i.e., 1981-2004).
    The third alternative would have revised the allocation of the 
total ACL to 84 percent recreational and 16 percent commercial based on 
landings from the same timeframe as the status quo allocation (i.e., 
1981-2004), but using recreational landings based on MRIP-FES data. 
This alternative would have also revised the OFL and ABC as recommended 
by the SSC based on this sector allocation and the most recent stock 
assessment, set the total ACL equal to the ABC, and increased the OFL, 
ABC, total ACL, and sector ACLs each year through 2027. The Council 
recognized that the greater amberjack stock is overfished and has not 
rebuilt as expected under the current and previous rebuilding plans. 
This alternative was not selected by the Council because the allocation 
is based on years during which commercial landings of greater amberjack 
were not identified at the species level. In addition, the catch limits 
increased over time and the Council determined that a more cautious 
approach was warranted with respect to establishing future catch 
levels.
    The fourth alternative would have revised the allocation of the 
total ACL to 78 percent recreational and 22

[[Page 14969]]

percent commercial based on MRIP-FES average landings during the years 
1993 through 2007. This alternative would have also revised the OFL and 
ABC as recommended by the SSC based on this sector allocation and the 
most recent stock assessment, set the total stock ACL equal to the ABC, 
and increased the OFL, ABC, total ACL, and sector ACLs each year 
through 2027. The Council recognized that the greater amberjack stock 
is overfished and has not rebuilt as expected under the current and 
previous rebuilding plans. This alternative was not selected by the 
Council because the allocation does not include the more recent years, 
which reflect current participation. In addition, the catch limits 
would increase over time and the Council determined that a more 
cautious approach was warranted with respect to establishing future 
catch levels.
    The fifth alternative would have revised the allocation of the 
total ACL to 80 percent recreational and 20 percent commercial based on 
MRIP-FES average recreational landings during the years 1993 through 
2019. This alternative would have also revised the OFL and ABC as 
recommended by the SSC based on this sector allocation and the most 
recent stock assessment, set the total stock ACL equal to the ABC, and 
increased the OFL, ABC, total ACL, and sector ACLs each year through 
2027. The Council did not select this alternative because the greater 
amberjack stock is overfished and has not rebuilt as expected under the 
current and previous rebuilding plans. Therefore, the Council 
determined that a more cautious approach was warranted with respect to 
establishing future catch levels.
    Two alternatives, including the status quo, were considered for the 
proposed action to decrease the buffer between the commercial ACL and 
ACT from 13 percent to 7 percent. The first alternative, the status 
quo, would have retained the current 13 percent buffer. This 
alternative was not selected by the Council because it is based on 
commercial landings data from 2013-2016 and more recent commercial 
landings data are available and considered to be more representative of 
current commercial fishing practices.
    The second alternative would have reduced the buffer between the 
commercial ACL and ACT from 13 percent to 7 percent, but would have 
also reduced the recreational buffer from 17 percent to 13 percent, 
based on landings data from 2017-2020. This alternative was not 
selected by the Council because landings in 2020 were likely affected 
by the COVID-19 pandemic, as reflected by the lack of closures that are 
common in this fishery, and thus likely not representative of typical 
recreational fishing practices.

List of Subjects in 50 CFR Part 622

    Annual catch limits, Commercial, Fisheries, Fishing, Greater 
amberjack, Gulf of Mexico, Recreational.

    Dated: March 6, 2023.
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.  622.39, revise paragraphs (a)(1)(v) and (a)(2)(ii) to read 
as follows:


Sec.  622.39   Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (v) Greater amberjack--93,930 lb (42,606 kg), round weight.
* * * * *
    (2) * * *
    (ii) Recreational quota for greater amberjack. The recreational 
quota for greater amberjack is 335,320 lb (152,099 kg), round weight.
* * * * *
0
3. In Sec.  622.41, revise paragraphs (a)(1)(iii) and (a)(2)(iii) to 
read as follows:


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

    (a) * * *
    (1) * * *
    (iii) The commercial ACL for greater amberjack, in round weight, is 
101,000 lb (45,813 kg).
    (2) * * *
    (iii) The recreational ACL for greater amberjack, in round weight, 
is 404,000 lb (183,251 kg).
* * * * *
[FR Doc. 2023-04913 Filed 3-9-23; 8:45 am]
BILLING CODE 3510-22-P