[Federal Register Volume 88, Number 103 (Tuesday, May 30, 2023)]
[Proposed Rules]
[Pages 34460-34465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11366]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 230523-0137]
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: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 51 to the 
Fishery Management Plan for the Snapper-Grouper Fishery of the South 
Atlantic Region (FMP), as prepared and submitted by the South Atlantic 
Fishery Management Council (Council). For snowy grouper, this proposed 
rule would revise the sector annual catch limits (ACLs), commercial 
seasonal quotas, recreational fishing season, and recreational 
accountability measures (AMs). In addition, Amendment 51 would revise 
the acceptable biological catch (ABC), annual optimum yield (OY), and 
sector allocations of the total ACL. The purpose of this proposed rule 
and Amendment 51 is to end overfishing of snowy grouper, rebuild the 
stock, and achieve OY while minimizing, to the extent practicable, 
adverse social and economic effects.

DATES: Written comments must be received by June 29, 2023.

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

Background

    The Magnuson-Stevens Act requires that NMFS and the regional 
fishery management councils prevent overfishing and achieve, on a 
continuing basis, the OY from federally managed fish stocks. These 
mandates are intended to ensure that fishery resources are managed for 
the greatest overall benefit to the Nation, particularly with respect 
to providing food production and recreational opportunities and 
protecting marine ecosystems. To further this goal, the Magnuson-
Stevens Act requires fishery managers to minimize bycatch and

[[Page 34461]]

bycatch mortality to the extent practicable.
    All weights described in this proposed rule 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 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 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. The proposed rule 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. 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.

Management Measures Contained in This Proposed Rule

    This proposed rule would revise the total and sector ACLs, seasonal 
commercial quotas, recreational fishing season, and the recreational 
AMs for snowy grouper in the South Atlantic exclusive economic zone 
(EEZ).

Total ACLs

    As implemented through the final rule for 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 set the ABC, ACL, and annual OY equal to each 
other.
    The proposed rule 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.
    Amendment 51 would set a total ACL for snowy grouper in 2023, 2024, 
2025, and in 2026, with the 2026 ACL in place for the subsequent 
fishing years. However, the ACL value for 2025 is identical to the ACL 
value for 2026. While NMFS is listing the ACL value for 2025 and 2026 
in the SUPPLEMENTARY INFORMATION section of this proposed rule, in the 
proposed regulations section NMFS will state the total (and sector) 
ACLs for snowy grouper in 2025 and subsequent fishing years without 
repeating the same ACL value for 2026.

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 the total ACL at 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 have affected 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

[[Page 34462]]

fishermen, when compared to snapper-grouper species in shallower water 
and 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 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 and 
this proposed rule would not alter the current commercial fishing 
seasons or seasonal allocations of the commercial ACL.
    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 from May 
1 through August 31 each year. This proposed rule 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.

Recreational AMs

    The current recreational AMs were established through Amendment 34 
to the FMP (81 FR 3731, January 22, 2016). The AMs for snowy grouper 
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 for snowy grouper is exceeded and the stock 
is overfished, the length of the recreational fishing season and the 
recreational ACL are reduced by the amount of the recreational ACL 
overage.
    This proposed rule would revise the recreational AMs for 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's intent in revising the recreational AM is to avoid an 
in-season closure of the recreational sector and extend maximum fishing 
opportunities to the sector during the proposed 2-month recreational 
season. The proposed 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.

Management Measures in Amendment 51 That Would Not Be Codified by This 
Proposed Rule

    In addition to the measures within this proposed rule, Amendment 51 
would revise the overfishing limit (OFL) for snowy grouper and set the 
ACL equal to the ABC. The amendment would also revise the OY and the 
sector allocations.

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).

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 51, the FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to

[[Page 34463]]

further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An initial regulatory flexibility analysis (IRFA) was prepared, as 
required by section 603 of the Regulatory Flexibility Act (RFA; 5 
U.S.C. 603). The IRFA describes the economic impact this proposed rule, 
if adopted, would have on small entities. A description of the action, 
why it is being considered, and the legal basis for this action are 
contained in the SUMMARY and SUPPLEMENTARY INFORMATION sections of the 
preamble. A summary of the analysis follows. A copy of this analysis is 
available from NMFS (see ADDRESSES).
    This proposed rule, if implemented, would: (1) revise the snowy 
grouper total ACL, (2) revise the snowy grouper sector ACLs, (3) modify 
the snowy grouper recreational season, and (4) revise the recreational 
AMs for snowy grouper. The proposed changes to the ACL, as well as the 
sector allocations, would apply to all federally-permitted commercial 
vessels, federally-permitted charter vessels and headboats (for-hire 
vessels), and recreational anglers that fish for or harvest snowy 
grouper in Federal waters of the South Atlantic. The proposed changes 
to the recreational season and AMs would only apply to federally 
permitted owners and operators of for-hire vessels and recreational 
anglers. This proposed rule would not directly apply to federally-
permitted dealers. Any change in the supply of snowy grouper available 
for purchase by dealers as a result of this proposed rule, and 
associated economic effects, would be an indirect effect of this rule 
and would therefore fall outside the scope of the RFA.
    Although all components of this proposed rule would apply to for-
hire vessels, they would not be expected to have any direct effects on 
these entities. For-hire vessels sell fishing services to recreational 
anglers. The proposed changes to the snowy grouper management measures 
would not directly alter the services sold by these vessels. Any change 
in demand for these fishing services, and associated economic effects, 
as a result of this proposed rule would be a consequence of a change in 
anglers' behavior, secondary to any direct effect on anglers and, 
therefore, an indirect effect of this proposed rule. Based on the 
historically-minimal level of charter-mode target effort for snowy 
grouper in the South Atlantic, NMFS does not expect any change in for-
hire trip demand to result from this proposed rule; however, should it 
occur, the associated indirect effects would fall outside the scope of 
the RFA. For-hire captains and crew are allowed to retain snowy grouper 
under the recreational bag limit; however, they cannot sell these fish. 
As such, for-hire captains and crew are only affected as recreational 
anglers. The RFA does not consider recreational anglers to be entities, 
so they are also outside the scope of this analysis (5 U.S.C. 603). 
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. In summary, only the impacts on commercial vessels will 
be discussed.
    As of August 26, 2021, there were 579 valid or renewable South 
Atlantic snapper-grouper unlimited permits and 112 valid or renewable 
225-lb (102-kg) trip-limited snapper-grouper permits. On average from 
2015 through 2019, there were 161 federally-permitted commercial 
vessels with reported landings of snowy grouper in the South Atlantic. 
For the 161 commercially permitted vessels, the average annual vessel-
level gross revenue from all species for 2015 through 2019 was $82,475 
(2021 dollars) and snowy grouper accounted for approximately 6.1 
percent of this revenue. For commercial vessels that harvest snowy 
grouper in the South Atlantic, NMFS estimates that economic profits are 
$3,299 (2021 dollars) or approximately 4 percent of annual gross 
revenue, on average. The maximum annual revenue from all species 
reported by a single one of the vessels that harvested snowy grouper 
from 2015 through 2019 was $638,709 (2021 dollars).
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (North American Industry Classification 
System code 11411) is classified as a small business if it is 
independently owned and operated, is not dominant in its field of 
operation (including its affiliates), and has combined annual receipts 
not in excess of $11 million for all its affiliated operations 
worldwide. All of the commercial fishing businesses directly regulated 
by this proposed rule are believed to be small entities based on the 
NMFS size standard. No other small entities that would be directly 
affected by this proposed rule have been identified.
    This proposed rule would revise the total ACL for snowy grouper, 
based on the most recent recommendation from the Council's SSC in 
response to the SEDAR 36 Update. This catch limit would reflect a shift 
in recreational reporting units from the MRIP CHTS to the MRIP FES. The 
total ACL would be set equal to the ABC or 119,654 lb (54,274 kg) in 
2023, 121,272 lb (55,008 kg) in 2024, and 122,889 lb (55,742 kg) in 
2025 and subsequent years. Based on the current sector allocation 
percentages, the proposed changes to the catch limits would represent a 
decrease in the current commercial ACL for snowy grouper of 54,622 lb 
(24,776 kg) in 2023, 53,279 lb (24,167 kg) in 2024, and 51,937 lb 
(23,558 kg) in 2025 and subsequent years. However, as discussed below, 
this proposed rule would also modify the percentage of the total ACL 
that is allocated to the commercial sector and therefore economic 
effects to small entities are quantified as part of that discussion.
    Amendment 51 would increase the commercial sector allocation from 
83 percent of the total snowy grouper ACL to 87.55 percent. This, in 
conjunction with the proposed changes to the total ACLs, would result 
in a commercial ACL for snowy grouper of 104,757 lb (47,517 kg) in 2023 
(73,330 lb [33,262 kg] in Season 1 and 31,427 lb [14,255 kg] in Season 
2); 106,174 lb (48,160 kg) in 2024 (74,322 lb [33,712 kg] in Season 1 
and 31,852 lb [14,448 kg] in Season 2); and 107,589 lb (48,802 kg) in 
2025 and subsequent years (75,312 lb [34,161 kg] in Season 1 and 32,277 
lb [14,641 kg] in Season 2). Relative to the status quo commercial ACL 
of 153,935 lb (69,824 kg), this would be a decrease of 49,178 lb 
(22,307 kg) in 2023; 47,761 lb (21,664 kg) in 2024; and 46,346 lb 
(21,022 kg) in 2025 and subsequent years. These decreases in the 
commercial ACL would be expected to result in corresponding decreases 
in aggregate ex-vessel revenue of $284,249 (2021 dollars) in 2023, 
$276,059 in 2024, and $267,880 in 2025 and subsequent years. Divided by 
the average number of vessels with reported landings of snowy grouper 
from 2015 through 2019, this translates to an annual loss in ex-vessel 
revenue that ranges from $1,664 (2021 dollars) to $1,766 per vessel, 
which is approximately 2 percent of average annual per vessel gross 
revenue. It is noted that snowy grouper makes up a relatively small 
portion of annual gross revenue for vessels that land the species (6.1 
percent), and on trips where snowy grouper are harvested, it comprises 
less than a quarter of trip revenue, on average (2015 to 2019). 
Therefore,

[[Page 34464]]

NMFS assumes snowy grouper is harvested as a secondary, if not 
incidental, species on trips targeting other species and that the 
proposed rule would not materially affect fishing behavior, effort, or 
operating costs. As a result, the estimated reduction in annual ex-
vessel revenue due to less snowy grouper available for harvest is 
assumed to be a straight loss in annual economic profits of $1,664 
(2021 dollars) to $1,766 per vessel (approximately 50 percent to 54 
percent of average annual economic profits). Individual fishing 
businesses, however, may experience varying levels of economic effects, 
depending on their fishing practices, operating characteristics, and 
profit maximization strategies.
    The following discussion describes the alternatives that were not 
selected as preferred by the Council.
    Three alternatives were considered for the proposed action to set 
the ABC, total ACL, and annual OY equal to 119,654 lb (54,274 kg) in 
2023, 121,272 lb (55,008 kg) in 2024, and 122,889 lb (55,742 kg) in 
2025 and subsequent years. The first alternative to the proposed 
action, the no action alternative, would maintain the current ABC, ACL, 
and annual OY of 185,464 lb (84,125 kg). Therefore, it would not be 
expected to change fishing practices or commercial harvests of snowy 
grouper, nor would it be expected to result in economic effects. This 
alternative was not selected by the Council because it would not end 
overfishing and it would be inconsistent with the SSC's latest catch 
limit recommendations and the transition to MRIP FES, and therefore, 
would not be based on the best scientific information available.
    The second alternative would set the ACL and annual OY for snowy 
grouper equal to 95 percent of the most recent ABC recommendation from 
the SSC. Under the second alternative, both the ACL and annual OY would 
be set to 113,671 lb (51,560 kg) in 2023, 115,208 lb (52,257 kg) in 
2024, and 116,745 lb (52,955 kg) in 2025 and subsequent years. Relative 
to the proposed total ACLs and assuming no change to the current sector 
allocations, this alternative would reduce the commercial ACL and 
annual OY by an additional 5,983 lb (2,714 kg) in 2023, 6,064 lb (2,751 
kg) in 2024, and 6,144 lb (2,787 kg) in 2025 and subsequent years. 
These further reductions in the ACL would result in an estimated annual 
reduction in ex-vessel revenue and economic profits that is $34,582 
(2021 dollars) to $35,512 ($215 to $221 per vessel) greater than what 
is expected under the proposed action. The Council did not select the 
second alternative because they felt it would be less effective at 
achieving the objectives of the FMP and that the current monitoring 
mechanisms in the South Atlantic, coupled with the existing and 
proposed management measures, would be sufficient at preventing 
overages, thus not requiring a buffer between the ABC and ACL.
    The third alternative would set the ACL and annual OY for snowy 
grouper equal to 90 percent of the most recent ABC recommendation from 
the SSC. Under the third alternative, both the ACL and annual OY would 
be set to 107,689 lb (48,847 kg) in 2023, 109,145 lb (49,507 kg) 2024, 
and 110,600 lb (50,167 kg) in 2025 and subsequent years. Relative to 
the proposed total ACLs and assuming no change to the current sector 
allocations, this alternative would reduce the commercial ACL and 
annual OY by an additional 11,965 lb (5,427 kg) in 2023, 12,127 lb 
(5,501 kg) in 2024, and 12,289 lb (5,574 kg) in 2025 and subsequent 
years. These further reductions in the ACL would result in an estimated 
annual reduction in ex-vessel revenue and economic profits that is 
$69,158 (2021 dollars) to $71,030 ($430 to $441 per vessel) greater 
than what is expected under the proposed action. The Council did not 
select the third alternative because they felt it would be less 
effective at achieving the objectives of the FMP and that the current 
monitoring mechanisms in the South Atlantic, coupled with the existing 
and proposed management measures, would be sufficient at preventing 
overages, thus not requiring a buffer between the ABC and ACL.
    Two alternatives were considered for the proposed action to revise 
sector allocations and ACLs for snowy grouper. The first alternative to 
the proposed action, the no action alternative, would retain the 
current commercial sector and recreational sector allocations as 83 
percent and 17 percent, respectively, of the revised total ACL for 
snowy grouper. Based on the proposed total ACL schedule of 119,654 lb 
(54,274 kg) in 2023, 121,272 lb (55,008 kg) 2024, and 122,889 lb 
(55,742 kg) in 2025 and subsequent years, this alternative would result 
in a commercial ACL of 99,313 lb (45,048 kg) in 2023, 100,656 lb 
(45,657 kg) in 2024, and 101,998 lb (46,266 kg) in 2025 and subsequent 
years. Compared to the proposed commercial sector allocation of 87.55 
percent, this alternative would result in a commercial ACL that is 
5,444 lb (2,469 kg) lower in 2023, 5,518 lb (2,503 kg) lower in 2024, 
and 5,591 lb (2,536 kg) lower in 2025 and subsequent years. This would 
translate to an additional aggregate annual loss in ex-vessel revenue 
and economic profits of $31,466 (2021 dollars) to $32,316 ($195 to $201 
per vessel) relative to the proposed action. The Council did not select 
the first alternative because the status quo sector allocation 
percentages are based on average landings from 1986 through 2005 in 
MRIP CHTS units and therefore do not reflect the intent or results of 
the original allocation formula when applied to the proposed ACL based 
on MRIP FES units. The terms ``MRIP CHTS units'' and ``MRIP FES units'' 
signify landings data that are in different scales and are not directly 
comparable.
    The second alternative would allocate 73.36 percent of the revised 
total ACL for snowy grouper to the commercial sector and 26.64 percent 
of it to the recreational sector. Based on the proposed total ACL 
schedule, this alternative would result in a commercial ACL of 87,778 
lb (39,815 kg) in 2023, 88,965 lb (40,354 kg) in 2024, and 90,151 lb 
(40,892 kg) in 2025 and subsequent years. Compared to the proposed 
commercial sector allocation of 87.55 percent, this alternative would 
result in a commercial ACL that is 16,979 lb (7,702 kg) lower in 2023, 
17,209 lb (7,806 kg) lower in 2024, and 17,438 lb (7,910 kg) lower in 
2025 and subsequent years. This would translate to an additional 
aggregate annual loss in ex-vessel revenue and economic profits of 
$98,139 (2021 dollars) to $100,792 ($610 to $626 per vessel) relative 
to the proposed action. The Council did not select the second 
alternative because they felt that the method used to determine the 
current allocations (average landings from 1986-2005) was more 
appropriate than the allocations formula adopted through the 2012 
Comprehensive ACL Amendment to the FMP for unassessed species (77 FR 
15916, March 16, 2012). They also felt that the second alternative 
would be less effective at achieving the objectives of the FMP and 
satisfying the needs of the commercial sector, in particular.
    No duplicative, overlapping, or conflicting Federal rules have been 
identified. In addition, no new reporting, record-keeping, or other 
compliance requirements are introduced by this proposed rule. This 
proposed rule contains no information collection requirements under the 
Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Recreational, Snowy grouper, South 
Atlantic.


[[Page 34465]]


    Dated: May 23, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 622 as follows:

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

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

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

0
2. In Sec.  622.183, revise paragraph (b)(8) to read as follows:


Sec.  622.183  Area and seasonal closures.

* * * * *
    (b) * * *
    (8) Snowy grouper recreational sector closure. The recreational 
sector for snowy grouper in the South Atlantic EEZ is closed each year 
from January 1 through April 30, and July 1 through December 31. During 
a recreational closure, the bag and possession limits for snowy grouper 
harvested in or from the South Atlantic EEZ are zero.
* * * * *
0
3. In Sec.  622.190, revise paragraphs (a)(1)(i) and (ii) to read as 
follows:


Sec.  622.190  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (i) From January 1 through June 30 each year.
    (A) 2023--73,330 lb (33,262 kg).
    (B) 2024--74,322 lb (33,712 kg).
    (C) 2025 and subsequent fishing years--75,312 lb (34,161 kg).
    (ii) From July 1 through December 31 each year.
    (A) 2023--31,427 lb (14,255 kg).
    (B) 2024--31,852 lb (14,448 kg).
    (C) 2025 and subsequent fishing years--32,277 lb (14,641 kg).
* * * * *
0
4. In Sec.  622.193, revise paragraph (b) to read as follows:


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

* * * * *
    (b) Snowy grouper--(1) Commercial sector. (i) If commercial 
landings of snowy grouper, as estimated by the SRD, reach or are 
projected to reach the commercial ACL that is equal to the commercial 
quota specified in Sec.  622.190(a)(1), the AA will file a notification 
with the Office of the Federal Register to close the commercial sector 
for the remainder of the fishing year. Applicable restrictions after a 
commercial quota closure are specified in Sec.  622.190(c).
    (ii) If commercial landings of snowy grouper, as estimated by the 
SRD, exceed the commercial ACL, and the combined commercial and 
recreational ACL specified in paragraph (b)(3) of this section is 
exceeded, and snowy grouper are overfished based on the most recent 
Status of U.S. Fisheries Report to Congress, the AA will file a 
notification with the Office of the Federal Register to reduce the 
commercial ACL for that following fishing year by the amount of the 
commercial ACL overage in the prior fishing year.
    (2) Recreational sector. (i) The recreational ACL for snowy grouper 
is 1,668 fish for 2023; 1,691 fish for 2024; and 1,713 fish for 2025 
and subsequent fishing years.
    (ii) If recreational landings for snowy grouper exceed the 
recreational ACL specified in paragraph (b)(2)(i) of this section, then 
during the following fishing year NMFS will reduce the length of the 
recreational fishing season by the amount necessary to prevent 
recreational landings from exceeding the recreational ACL in the 
following fishing year. NMFS will use the best scientific information 
available to determine if reducing the length of the recreational 
fishing season is necessary. When the recreational sector for snowy 
grouper is closed as a result of NMFS reducing the length of the 
recreational fishing season, the bag and possession limits for snowy 
grouper harvested in or from the South Atlantic EEZ are zero.
    (3) Total ACL. The combined commercial and recreational ACL for 
snowy grouper in gutted weight is 119,654 lb (54,274 kg) for 2023; 
121,272 lb (55,008 kg) for 2024; and 122,889 lb (55,741 kg) for 2025 
and subsequent fishing years.
* * * * *
[FR Doc. 2023-11366 Filed 5-26-23; 8:45 am]
BILLING CODE 3510-22-P