[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Proposed Rules]
[Pages 32717-32720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10721]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BM03


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 51

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

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

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SUMMARY: The South Atlantic Fishery Management Council (Council) 
submitted Amendment 51 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP) for review, 
approval, and implementation by NMFS. If approved by the Secretary of 
Commerce, Amendment 51 to the FMP would revise the catch limits for 
snowy grouper and

[[Page 32718]]

the associated sector harvest allocations. In addition, Amendment 51 
would revise the commercial seasonal quotas, recreational fishing 
season, and recreational accountability measures (AMs). The purpose of 
Amendment 51 is to end overfishing of snowy grouper, rebuild the stock, 
and achieve optimum yield (OY) while minimizing, to the extent 
practicable, adverse social and economic effects.

DATES: Written comments must be received by July 21, 2023.

ADDRESSES: You may submit comments on Amendment 51, identified by 
``NOAA-NMFS-2023-0026,'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov 
and enter ``NOAA-NMFS-2023-0026'' in the Search box. Click the 
``Comment'' icon, complete the required fields, and enter or attach 
your comments.
     Mail: Submit all written comments to Rick DeVictor, NMFS 
Southeast Regional Office, 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.
    An electronic copy of Amendment 51, 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/node/151366.

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

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit any FMP or FMP amendment to the 
Secretary of Commerce (the Secretary) for review and approval, partial 
approval, or disapproval. The Magnuson-Stevens Act also requires that 
NMFS, upon receiving an FMP or amendment, publish an announcement in 
the Federal Register notifying the public that the FMP or amendment is 
available for review and comment.
    The Council prepared the FMP that is being revised by Amendment 51. 
If approved, Amendment 51 would be implemented by NMFS through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Act.

Background

    The Council manages the snapper-grouper fishery, including snowy 
grouper, in Federal waters from North Carolina south to the Florida 
Keys in the South Atlantic under the FMP. The Magnuson-Stevens Act 
requires NMFS and regional fishery management councils to prevent 
overfishing and achieve, on a continuing basis, the OY from federally 
managed fish stocks. These mandates are intended to ensure that fishery 
resources are managed for the greatest overall benefit to the Nation, 
particularly with respect to providing food production and recreational 
opportunities and protecting marine ecosystems.
    All weights described in this notification are in gutted weight.
    In 2004, a stock assessment for snowy grouper was completed through 
the Southeast Data, Assessment, and Review (SEDAR) process (SEDAR 4), 
and it was determined that the stock was subject to overfishing and 
overfished. As a result of that stock status, Amendment 13C to the FMP 
established management measures to end overfishing (71 FR 55096, 
September 21, 2006) and Amendment 15A to the FMP established a 
rebuilding plan for snowy grouper (73 FR 14942, March 20, 2008). The 
rebuilding plan year started in 2006 with a target time to rebuild 
snowy grouper of 34 years.
    The snowy grouper stock was assessed again in 2013 through SEDAR 36 
and was determined to not be undergoing overfishing, although the stock 
was overfished but rebuilding. In response to the assessment and a 
subsequent acceptable biological catch (ABC) recommendation by the 
Council's Scientific and Statistical Committee (SSC), the Council and 
NMFS implemented management actions through the final rule for 
Regulatory Amendment 20 to the FMP (80 FR 43033, July 21, 2015). 
Regulatory Amendment 20 and its implementing final rule modified the 
annual catch limit (ACL) by setting it equal to the ABC and OY, 
increased the commercial trip limit to 200 lb (91 kg), and modified the 
recreational fishing season from the calendar year to May through 
August.
    The most recent SEDAR stock assessment for South Atlantic snowy 
grouper (SEDAR 36 Update) was completed in 2021 and included data 
through 2018. The assessment used revised estimates for recreational 
catch from the Marine Recreational Information Program (MRIP) based on 
the Fishing Effort Survey (FES). In 2018, the MRIP fully transitioned 
its estimation of recreational effort to the mail-based FES. Previous 
estimates of recreational catch for snowy grouper were made using 
MRIP's Coastal Household Telephone Survey (CHTS) phone call-based 
methodology. As explained in Amendment 51, total recreational fishing 
effort estimates generated from the MRIP FES are different than those 
from the MRIP CHTS and earlier survey methods. This difference in 
estimates is because MRIP FES is designed to more accurately measure 
fishing activity, not because there was a sudden change in fishing 
effort. The MRIP FES is considered a more reliable estimate of 
recreational effort by the Council's SSC, the Council, and NMFS, and 
more robust compared to the MRIP CHTS method. The SSC reviewed the 
SEDAR 36 Update 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 snowy grouper stock 
remains overfished and is undergoing overfishing.
    Following a notification from NMFS to a fishery management council 
that a stock is undergoing overfishing and is overfished, the Magnuson-
Stevens Act requires the fishery management council to develop an FMP 
amendment with actions that immediately end overfishing and rebuild the 
affected stock. In a letter dated June 10, 2021, NMFS notified the 
Council that the snowy grouper stock is overfished and undergoing 
overfishing but continues to rebuild, and the Council subsequently 
developed Amendment 51 in response to the results of SEDAR 36 Update.
    In addition to the proposed revisions to the sector ACLs and 
seasonal commercial quotas, the Council determined that further 
modifications to snowy grouper management measures are needed to help 
constrain recreational harvest to the proposed fishing levels in 
Amendment 51. Amendment 51 would reduce the length of the recreational 
fishing season and would also adjust the recreational AMs to ensure 
they are effective at keeping recreational landings from exceeding the 
proposed recreational ACL and correct for ACL overages if they occur.

[[Page 32719]]

The Council decided not to revise the current commercial trip limit or 
AMs, finding that those measures sufficiently ensured that the 
commercial harvest of snowy grouper is constrained to the ACL.
    The Council determined that the actions in Amendment 51 would end 
overfishing of South Atlantic snowy grouper, rebuild the stock, and 
achieve OY while minimizing, to the extent practicable, adverse social 
and economic effects. The Council would also revise the overfishing 
limit (OFL) for snowy grouper, set the ACL equal to the ABC, and update 
other biological reference points in this FMP amendment.

Actions Contained in Amendment 51

    Amendment 51 would revise the catch levels for snowy grouper, 
including the OFL, ABC, and ACL. Actions in this amendment would also 
revise the sector ACLs, seasonal commercial quotas, recreational 
fishing season, and recreational AMs.

OFL, ABC, and Annual OY

    The current ABC for snowy grouper was approved in Regulatory 
Amendment 20, based upon a stock assessment (SEDAR 36) and 
recommendations from the Council's SSC.
    Based on the SEDAR 36 Update, the Council's SSC recommended to the 
Council new OFL and ABC levels, with the ABC reduced from the OFL. The 
assessment and associated OFL and ABC recommendations for snowy grouper 
incorporated the revised estimates for recreational catch and effort 
from the MRIP FES. The SSC determined that the new OFL and ABC 
recommendations within Amendment 51 also represent the best scientific 
information available.
    The Council chose to specify OY for snowy grouper on an annual 
basis and set it equal to the ABC and total ACL, in accordance with the 
guidance provided in the Magnuson-Stevens Act National Standard 1 
Guidelines at 50 CFR 600.310(f)(4)(iv).

Total ACLs

    As implemented through Regulatory Amendment 20, the current total 
ACL and annual OY for snowy grouper are equal to the current ABC of 
185,464 lb (84,125 kg). In Amendment 51, the Council would revise the 
ABC and keep the ABC, ACL, and annual OY equal to each other.
    The amendment would revise the total ACL and annual OY equal to the 
recommended ABC of 119,654 lb (54,274 kg) for 2023; 121,272 lb (55,008 
kg) for 2024; 122,889 lb (55,741 kg) for 2025; and 122,889 lb (55,741 
kg), for 2026 and subsequent fishing years.

Sector Allocations and ACLs

    The Council would revise the commercial and recreational 
allocations of the total ACL for snowy grouper in Amendment 51. The 
current sector ACLs for snowy grouper are based on the commercial and 
recreational allocations of 83 percent and 17 percent, respectively, 
that were revised in Regulatory Amendment 20. These allocations were 
determined using average commercial and recreational landings from 1986 
to 2005, which included estimates of recreational catch from the MRIP 
CHTS method.
    In Amendment 51, the Council would determine allocations using the 
average commercial and recreational landings from 1986 to 2005, but 
include the estimates of recreational catch during those years using 
the MRIP FES method from the SEDAR 36 Update. The Council would specify 
new commercial and recreational allocations of 87.55 percent and 12.45 
percent, respectively, which results in a shift of allocation of 4.55 
percent from the recreational sector to the commercial sector. The 
Council reasoned that using average landings from 1986 to 2005 was more 
appropriate because it would exclude the more recent years that had 
depth and area closures that may affect the allocation calculations, 
and would strike the most appropriate balance between the needs of both 
sectors. The Council acknowledged that because the snowy grouper 
portion of the snapper-grouper fishery operates primarily in deeper 
water and is therefore more difficult to access for recreational 
fishermen, when compared to snapper-grouper species found in shallower 
water closer to shore, the allocations between sectors have 
historically and consistently been much higher for the commercial 
sector. The Council considers this allocation to be fair and equitable 
to fishery participants in both the commercial and recreational 
sectors, and would be carried out in such a manner that no particular 
individual, corporation, or other entity would acquire an excessive 
share. The Council determined that this allocation is also reasonably 
calculated to promote conservation and is a wise use of the resource, 
since it would remain within the boundaries of a total ACL that is 
based upon an ABC recommendation from their SSC that incorporates the 
best scientific information available. The Council acknowledged that 
the commercial sector would benefit with additional allocation, but 
that the economic shifts were relatively minor.
    The commercial ACLs would be 104,757 lb (47,517 kg) for 2023; 
106,174 lb (48,160 kg) for 2024; 107,589 lb (48,802 kg) for 2025; and 
107,589 lb (48,802 kg) for 2026 and subsequent years.
    The recreational ACLs would be 1,668 fish for 2023; 1,691 fish for 
2024; 1,713 fish for 2025; and 1,713 fish for 2026 and subsequent 
years.
    The commercial quota for snowy grouper is equivalent to the 
commercial ACL. Regulatory Amendment 27 to the FMP established two 
commercial fishing seasons for snowy grouper and divided the commercial 
quota between the seasons (85 FR 4588, January 27, 2020). The Council 
allocated 70 percent of the commercial quota to Season 1 from January 
through June, and 30 percent of the quota to Season 2 from July through 
December. Any remaining commercial quota from Season 1 is added to the 
commercial quota in Season 2, but any remaining quota from Season 2 is 
not be carried forward into the next fishing year. Amendment 51 would 
not alter the current commercial fishing seasons or commercial season 
ACL allocations.
    Under Amendment 51, the commercial quotas in 2023 for Season 1 
would be 73,330 lb (33,262 kg) and for Season 2 would be 31,427 lb 
(14,255 kg); in 2024, Season 1 would be 74,322 lb (33,712 kg) and 
Season 2 would be 31,852 lb (14,448 kg); in 2025, Season 1 would be 
75,312 lb (34,161 kg) and Season 2 would be 32,277 lb (14,641 kg); and 
for 2026 and subsequent years, Season 1 would be 75,312 lb (34,161 kg) 
and Season 2 would be 32,277 lb (14,641 kg).

Recreational Fishing Season

    Recreational harvest of snowy grouper is currently allowed May 1 
through August 31. Amendment 51 would revise the recreational fishing 
season for snowy grouper 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 snowy grouper would be zero. Shortening the time 
recreational fishing is allowed would help to reduce the risk that 
recreational harvest would exceed the proposed reduction to its sector 
ACL, while still allowing for retention of snowy grouper when 
recreational fishermen target co-occurring species, such as blueline 
tilefish, in some areas.

[[Page 32720]]

Recreational AMs

    The current recreational AMs were established through Amendment 34 
to the FMP (81 FR 3731, January 22, 2016). The AMs include 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 AMs also include a post-season 
adjustment if recreational landings exceed the recreational ACL, and 
then during the following fishing year recreational landings will be 
monitored for a persistence in increased landings. If the total ACL is 
exceeded and snowy grouper are overfished, the length of the 
recreational fishing season and the recreational ACL are reduced by the 
amount of the recreational ACL overage.
    The amendment would revise the recreational AMs for snowy grouper. 
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 was 
exceeded in the previous year. If recreational landings exceed the 
recreational ACL, NMFS would reduce the length of the recreational 
fishing season in the following year by the amount necessary to prevent 
the recreational ACL from being exceeded. However, the length of the 
recreational season would not be reduced if NMFS determines, using the 
best scientific information available, that a reduction is not 
necessary.
    The Council intends the proposed recreational AM would avoid an in-
season closure of the recreational sector and would extend maximum 
fishing opportunities to the sector during the proposed 2-month 
recreational season. The proposed rule 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 an ACL overage in the 
recreational sector does 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.

Proposed Rule for Amendment 51

    A proposed rule to implement Amendment 51 has been drafted. In 
accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule for Amendment 51 to determine whether it is consistent 
with Amendment 51, the FMP, the Magnuson-Stevens Act, and other 
applicable law. If that determination is affirmative, NMFS will publish 
the proposed rule in the Federal Register for public review and 
comment.

Consideration of Public Comments

    The Council has submitted Amendment 51 for Secretarial review, 
approval, and implementation. Comments on Amendment 51 must be received 
by July 21, 2023. Comments received during the respective comment 
periods, whether specifically directed to Amendment 51 or the proposed 
rule, will be considered by NMFS in the decision to approve, partially 
approve, or disapprove Amendment 51. All comments received by NMFS on 
the amendment or the proposed rule during their respective comment 
periods will be addressed in the final rule.

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

    Dated: May 16, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-10721 Filed 5-19-23; 8:45 am]
BILLING CODE 3510-22-P