[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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