[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Rules and Regulations]
[Pages 39193-39201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12633]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230608-0145]
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: Final rule.
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SUMMARY: NMFS issues regulations 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 final rule and Amendment 54 revise Gulf greater amberjack sector
allocations and catch limits. The purposes of this final 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: This final rule is effective July 17, 2023, except for the
revisions for Sec. Sec. 622.39(a)(1)(v) and 622.41(a)(1)(iii), which
are effective on June 15, 2023.
ADDRESSES: 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).
On March 2, 2023, NMFS published a notice of availability for
Amendment
[[Page 39194]]
54 and requested public comment (88 FR 13077). NMFS approved Amendment
54 on May 26, 2023. On March 10, 2023, NMFS published a proposed rule
for Amendment 54 and requested public comment (88 FR 14964). The
proposed rule and Amendment 54 outline the rationale for the actions
contained in this final rule. A summary of the management measures
described in Amendment 54 and implemented by this final rule is
described below.
All weights in this final rule are in round weight unless otherwise
noted.
Background
Greater amberjack in the Gulf exclusive economic zone (EEZ) are
managed as a single stock with 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 that amendment's 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 then 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 Scientific and
Statistical Committee (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 accountability measures (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 analyses 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
[[Page 39195]]
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 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 recognized that maintaining the
current sector allocation 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 Final Rule
This final rule revises 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). Amendment 54 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 revised commercial ACL of 101,000
lb (45,813 kg) and a revised 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 revised commercial ACT of 93,930 lb
(42,606 kg) and a revised recreational ACT of 335,320 lb (152,099 kg).
Management Measures in Amendment 54 Not Codified Through This Final
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 uses
a constant catch OFL and ABC based on SEDAR 70 and consistent with the
SSC's recommendations. The revised OFL is 2,033,000 lb (922,153 kg) and
the revised ABC is 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 revises 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.
Comments and Reponses
NMFS received 6 comments on the notice of availability for
Amendment 54 and 13 comments on the proposed rule. In general, the
comments supported the proposed measures to end overfishing and meet
the rebuilding timeline for Gulf greater amberjack. However, some
comments expressed concern about the change to MRIP-FES units and the
increased percentage of the total ACL allocated to the recreational
sector under the reduced catch limits. One comment stated that the
Council is unconstitutional. Other comments stated the stock is fine
and no catch limit reductions are needed. Some comments suggested
changes to management measures that are outside the scope of the
Amendment 54 and the proposed rule, such as modifying the recreational
bag limit, implementing a recreational vessel limit, modifying the
commercial size limit, or modifying fixed closed seasons; these
comments are not addressed further.
No changes were made to this final rule as a result of public
comment.
Specific comments related to Amendment 54 and the proposed rule are
grouped by topic and summarized below, followed by NMFS' respective
responses.
Comment 1: The Council did not follow its Allocation Review Policy,
which states that ``prior to each allocation review, the Council will
determine the suite of ecological, biological, economic, and social
factors consistent with the NMFS Allocation Review Policy to be
included in the review.'' Instead the Council only reviewed a
presentation that identified where in Amendment 54 an allocation review
took place.
Response: The Council did not follow its Allocation Review
Guidelines in developing Amendment 54 because those guidelines were not
applicable in this situation. As explained in the Allocation Review
Guidelines, ``[i]n some instances, e.g., following a stock assessment,
the Council may elect to skip a formal allocation review and directly
proceed with the development of an FMP amendment. In these cases, these
guidelines would not apply.'' That is what occurred with Amendment 54,
which was developed in response to the
[[Page 39196]]
most recent stock assessment (SEDAR 70) that indicated that the greater
amberjack stock was not making adequate progress towards rebuilding.
Because that stock assessment also incorporated the updated MRIP-FES
recreational landings estimates, the Council also used Amendment 54 to
review the sector allocations to determine whether an adjustment to the
allocation was appropriate.
Comment 2: Amendment 54 is inconsistent with section 303(a)(15) of
the Magnuson-Stevens Act because the OFL and ACLs include only landed
fish, not both landed and discarded fish as required by the National
Standard (NS) 1 (NS 1) Guidelines.
Response: Section 303(a)(15) of the Magnuson-Stevens Act requires
the FMP to include ACLs, at a level such that overfishing does not a
occur, and AMs. The NS 1 Guidelines define catch as including both
landed fish and dead discards (50 CFR 600.310(f)(3)(i)). However, the
NS 1 Guidelines also state that the ABC, on which the ACLs are based,
may be expressed in terms of landings as long as estimates of bycatch
and any other fishing mortality not accounted for in the landings are
incorporated into the determination of ABC. The OFL, ABC, and ACLs
specified in Amendment 54 are derived from SEDAR 70, which accounts for
dead discards (see Sections 2.3.2 and 3.1 at https://sedarweb.org/documents/sedar-70-gulf-of-mexico-greater-amberjack-final-stock-assessment-report/).
Comment 3: The allocation adopted by the Council in Amendment 54
increases the risk of overfishing because of the high level of dead
discards from the recreational sector.
Response: The allocation adopted by the Council in Amendment 54
does not increase the risk of overfishing. The OFLs and ABCs
recommended the SSC were derived from SEDAR 70, which accounts for dead
discards by both sectors, and the risk of overfishing to the stock is
the same under all of the allocation alternatives considered by the
Council. The alternative OFLs (shown in the Action 1 Tables in
Amendment 54 (pages 13-15)) are based on a 0.5 probability of
overfishing (P*). A P* of 0.5 means that there is a 50 percent chance
of overfishing at that level of harvest. The alternative ABCs in
Amendment 54 are substantially below the OFL alternatives and
correspond to a 50 percent chance of rebuilding by 2027. Further, while
the total ACL is set equal to the ABC, there is a buffer between each
sector's respective ACL and ACT.
Comment 4: It is arbitrary to automatically reallocate from the
commercial sector to the recreational sector based on the revised MRIP-
FES landing estimates. In addition, the adjusted historical
recreational landings estimates are uncertain and reservations about
the data should be resolved before they are used for allocation
decisions.
Response: The inclusion of the MRIP-FES landings estimates in SEDAR
70 did not result in an automatic sector reallocation. However, this
change in the recreational landings estimates did prompt the Council to
review the current commercial and recreational allocation to determine
whether it was still appropriate. The Council conducted this review in
Amendment 54 and considered four allocation alternatives: maintaining
the current percentages; maintaining the time series used to set the
current allocation (1981-2004) updated with MRIP-FES landings
estimates; updating the time series to start when commercial greater
amberjack landings began to be identified to species level and end when
the current allocation was implemented (1993-2007); and updating the
time series to start when commercial greater amberjack landings began
to be identified to species level and end with the most recent year of
data available at the time Council work on this amendment began (1993-
2019). The Council determined, and NMFS agrees, that it is appropriate
to update the sector allocations using the MRIP-FES adjusted data from
1993-2019 because this represented the longest time series during which
commercial greater amberjack landings have been identified to the
species level.
NS 2 requires that conservation and management measures be based
upon the best scientific information available. NMFS has determined
that Amendment 54 is consistent with NS 2 and that the MRIP-FES
landings estimates represent the best scientific information available.
This determination is supported by a February 2, 2023, memorandum from
the SEFSC as well as the recommendations from the Council's SSC. The
SEDAR 70 stock assessment incorporated landings data from the MRIP-FES
survey, which is considered a better survey than the prior MRIP-CHTS
survey (see https://www.fisheries.noaa.gov/recreational-fishing-data/effort-survey-improvements). In July 2020, the Council's SSC held a
workshop on calibrating MRIP-FES and MRIP-CHTS (https://gulfcouncil.org/ssc/archive/; July 2020). The SSC examined the
differences in methodology and outcomes between the fishing effort
estimates produced by the different surveys. At that time, the SSC
recommended that the Council wait for a stock assessment before
adopting a different data unit for quota monitoring, which was done for
the greater amberjack stock. As discussed in the Section 2.1 of
Amendment 54 (page 15), the SSC accepted SEDAR 70 as the best
scientific information available, specifically acknowledging that it
utilizes MRIP-FES recreational landings estimates.
Comment 5: Amendment 54 violates NS 4 because the revised sector
allocation is not fair and equitable by forcing the commercial sector
to subsidize dead discards in the recreational sector. The revised
allocation also fails to promote conservation by allowing for an
increase in recreational dead discards, reducing overall yield, and
increasing the risk of overfishing.
Response: National Standard 4 requires, in relevant part, that any
allocation be fair and equitable, and reasonably calculated to promote
conservation. NMFS has determined that Amendment 54 is consistent with
NS 4. As explained in response to Comment 4, the Council considered
four allocation alternatives and chose to update the allocation using
the time series that uses the updated MRIP-FES recreational landings
estimates, beginning when commercial greater amberjack landings began
to be identified to species level and ending with the most recent year
of data available at the time work on this amendment began (1993-2019).
The Council determined, and NMFS agrees, that this results in an
allocation that is fair and equitable because it accounts for both the
transition to MRIP-FES and the fact that commercial landings of greater
amberjack prior to 1993 may not have been properly identified to the
species level.
The commercial sector is not subsidizing dead discards from the
recreational sector. Recreational fishing for greater amberjack (and
many other reef fish species) typically involves higher levels of
discards than for the commercial sector. The allocation implemented
through this final rule does result in less total annual harvest by
both sectors. However, the commercial and recreational sectors have
different objectives, and operate differently to achieve those
objectives. Participants in the commercial sector tend to seek to
maximize harvest and efficiency while participants in the recreational
sector tend to seek to maximize access and opportunities. These
different goals and objectives impact fishing behavior, which
[[Page 39197]]
generally results in more discards by the recreational sector. The
Council and NMFS must consider and account for these differences when
determining whether an allocation fairly and equitably allocates
fishing privileges and provides the greatest overall benefit to the
Nation with respect to both food production and recreational
opportunities. Further, the reduction that results from the shift in
allocation is relatively minor. Using the new allocation results in an
ABC/stock ACL of 505,000 lb (229,064 kg) while using the previous
allocation would have resulted in an ABC/stock ACL of 521,000 lb
(236,322 kg). The large reduction in the total allowable harvest in
Amendment 54 is not a result of the shift in allocation but the result
of SEDAR 70 and the determination that the stock is not making adequate
progress towards rebuilding.
With respect to promoting conservation, the NS 4 Guidelines state
that a conservation and management measure ``may promote conservation
(in the sense of wise use) by optimizing the yield in terms of size,
value, market mix, price, or economic or social benefit of the
product.'' The revised allocation promotes wise use by considering both
the biological impacts to the greater amberjack stock, and the economic
and social impacts to fishery participants. The allocation and
associated catch limits are consistent with the result of SEDAR 70 and
the SSC's recommendations, and are expected to allow the stock to
rebuild by 2027. As explained previously, the revised allocation
results in a relatively minor reduction of the total yield while
maintaining the historical balance between recreational access and
commercial harvest. And, as explained in response to Comment 3, the
risk of overfishing is the same for all of the allocation alternatives.
To further reduce the risk, the seasons for the commercial and
recreational sectors are determined based on the ACT, which is reduced
from each sector's ACL. For the recreational sector, the Council
retained the buffer between the ACL and ACT of 17 percent to better
account for the uncertainty in monitoring recreational landings.
Further, if recreational landings exceed the recreational ACL, the
recreational ACL and ACT are reduced the following year by the amount
of the recreational ACL overage. The Council also selected a constant
catch reduced catch limit to be more conservative and increase the
chances of meeting rebuilding.
With respect to dead discards, SEDAR 70 assumes that dead discards
from the recreational sector increase as the allocation to that sector
increases, but does not take into account that fishermen are able to
specifically target greater amberjack and a catch and release fishery
is already occurring in the recreational sector. Thus, discards are not
expected to substantially increase, even under the reduced catch
limits.
Comment 6: Amendment 54 violates NS 9 because the revised
allocation would increase bycatch and dead discards from the
recreational sector.
Response: NS 9 requires that conservation and management measures,
``to the extent practicable: (1) minimize bycatch; and (2) to the
extent bycatch cannot be avoided, minimize the mortality of such
bycatch.'' Conservation and management measures must also be consistent
with the other national standards. As the National Standard Guidelines
explain, several factors should be considered when determining
consistency with NS 9. These factors include population effects for the
bycatch species; changes in the economic, social, or cultural value of
fishing activities, and non-consumptive uses of fishery resources;
changes in the distribution of benefits and costs; and social effects
(50 CFR 600.305(d)(3)). As explained in response to Comment 3, the
impacts to the greater amberjack stock are similar under all of the
allocation alternatives considered by the Council because the
alternative OFLs are based on a fixed level of fishing mortality. When
the inputs into the stock assessment model include more recreational
harvest than previously assumed, this leads to lower OFL and ABC
estimates at equilibrium. Therefore, the new allocation allows for less
total harvest than the current allocation. However, the difference
between the reduced ABCs under all of the action alternatives is
minimal, and a substantial reduction in the total ACL is required under
any of the allocation alternatives. In addition, the new allocation
addresses the updated recreational landings estimates using MRIP-FES
and issues with commercial reporting prior to 1993, as well as to
incorporate landings data from more recent years. Given the numerous
factors that the Council must consider in selecting the appropriate
allocation, Amendment 54 does minimize bycatch and bycatch mortality to
the extent practicable.
Comment 7: The greater amberjack stock seems healthy and,
therefore, the actions in Amendment 54 are not needed.
Response: The first stock assessment of greater amberjack was
completed in 2000 and indicated that the stock was overfished and
undergoing fishing. The greater amberjack stock was then put under a
rebuilding plan with Secretarial Amendment 2 in 2003 and has been in
one ever since. Since the initial stock assessment, several more
assessments have shown that greater amberjack continues to undergo
overfishing and is not rebuilding as projected. SEDAR 70 was completed
in October 2020, and used a terminal year of 2018. SEDAR 70 updated
recreational catch and effort data from MRIP-APAIS and CHTS to FES,
which collectively estimated larger catch and effort data than
previously calculated for the recreational sector. The assessment
concluded that greater amberjack in the Gulf was overfished and
experiencing overfishing and has been overfished and undergoing
overfishing almost continuously since 1980. It also indicated that a
significant reduction in harvest is necessary to rebuild by the stock
by 2027, the rebuilding time established by the Council in 2017. For
the purposes of OFL and ABC, these projections recommended by the SSC
form the basis for the allocation alternatives in Amendment 54.
Amendment 54 is based on the best scientific information available that
was in place at the time of its development. The Council began work on
this amendment in January 2021, and took final action to submit the
amendment for review and implementation during its October 2022
meeting.
Comment 8: The reduction in the total ACL will have extreme adverse
economic effects on the commercial sector and associated businesses.
These adverse economic effects to the commercial sector and associated
businesses will be amplified by the change in the sector allocation.
Response: The economic analysis in Amendment 54 indicates that the
reduction in the total ACL and change in the sector allocation will
have adverse economic effects on the commercial sector. However, in
combination with the action to reduce the buffer between the commercial
ACL and ACT, the estimated reduction in economic profits to commercial
harvesting businesses is only 1.6 percent because greater amberjack
only accounts for about 1.7 percent of commercial fishing vessels'
average annual revenue. Given that economic profits are approximately
38 percent of these vessels' annual average gross revenue, this
reduction would not be considered extreme. In comparison, the estimated
reduction in economic profits to for-hire fishing businesses as a
result of the actions in Amendment 54 is much larger at more than 13
percent.
[[Page 39198]]
Further, the reduction to the commercial ACT as a result of the actions
in Amendment 54 is expected to reduce the amount of greater amberjack
available for purchase by dealers and other businesses up the seafood
supply chain. However, greater amberjack only accounts for about 1
percent of seafood purchases by dealers who buy greater amberjack.
Therefore, the adverse economic effects to dealers and other businesses
as a result of the reduction in the commercial ACT are expected to be
relatively small.
Comment 9: The Council process under the Magnuson-Stevens Act
violates the Appointments, Executive Vesting, and Take Care clauses of
the U.S. Constitution and, as a result, this rulemaking is legally
invalid. Council members are not properly appointed to their positions
as officers of the United States. Because they make policy decisions
for Federal fisheries management in their region, Council members are
`principal' or at minimum `inferior' Federal officers. But because they
are improperly appointed, unsupervised, and immune from removal, they
hold office unlawfully and lack the Federal authority to issue
Amendment 54.
Response: The commenters misunderstand the function and authority
of the Council, which is neither an ``unaccountable'' or ``illegally
constituted'' body. The Magnuson-Stevens Act establishes the Council
structure in order for state officials, fishermen, scientists, and
other stakeholders to provide important expert input on fishery
management. But the Council acts as an advisory body only: authority to
issue Federal regulations to implement fishery management measures that
impact fishermen is vested solely in the Secretary of Commerce. This
final rule implements Amendment 54, which NMFS, through delegation of
authority from the Secretary, has approved as consistent with the
Magnuson-Stevens Act and other applicable law. Under section 304 of the
Magnuson-Stevens Act, NMFS, acting through delegated authority from the
Secretary, retains significant discretion to reject Council
recommendations, including the proposed regulations that the Council
submitted to NMFS to implement Amendment 54.
In addition, Federal courts have held that fishery management
councils are not considered Federal agencies for the purposes of the
Administrative Procedure Act and that Council members are not Federal
``officers'' under the U.S. Constitution as suggested by the
commenters. Council members do not occupy continuing positions or
exercise significant authority. As simply stated by one court, fishery
management councils have ``no authority to do anything'' because final
decision-making power rests with the Secretary. In light of this lack
of Federal agency status and decision making authority, the council
members are not Federal officers and need not be appointed in a
specific way to be consistent with the U.S. Constitution. The
commenters' view that council members act as Federal officers is
inaccurate; although council members are engaged in important work that
helps manage regional fisheries, it is the Secretary who exercises the
authority of the Magnuson-Stevens Act by promulgating the regulations
that affect the commenters.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with Amendment 54, the FMP, other provisions of the
Magnuson-Stevens Act, the U.S. Constitution, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. The Magnuson-Stevens Act provides
the legal basis for this final rule. No duplicative, overlapping, or
conflicting Federal rules have been identified.
A final regulatory flexibility analysis (FRFA) was prepared. The
FRFA incorporates the initial regulatory flexibility analysis (IRFA), a
summary of the significant issues raised by the public comments in
response to the IRFA, NMFS' responses to those comments, and a summary
of the analyses completed to support the action. NMFS' response to one
public comment regarding the IRFA and the Executive Order 12866
analysis is in this SUPPLEMENTARY INFORMATION section of the preamble
(see Comment #8 in the Comments and Responses). A copy of the full
analysis is available from NMFS (see ADDRESSES). A summary of the FRFA
follows.
The objectives of this final 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 final rule revises 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
final rule changes the OFL 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 changes 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 reduces the commercial
ACL from 484,380 lb (219,675 kg) to 101,000 lb (45,812 kg). This final
rule retains the current 17 percent buffer between the recreational ACL
and ACT. As such, the recreational ACT is 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 final reduction in the recreational ACL. This final
rule also decreases the buffer between the commercial ACL and ACT from
13 percent to 7 percent, and thereby reduces the commercial ACT from
421,411 lb (191,148 kg) to 93,930 lb (42,606 kg) given the reduction in
the commercial ACL. As a result, this final 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
[[Page 39199]]
business, which NMFS expects to result in an overestimate of the actual
number of businesses directly regulated by this final rule. Thus, NMFS
assumes this final rule would regulate and directly affect 201
commercial fishing businesses.
Although the 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 final rule.
This final rule is only 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 final rule. 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 final
rule. 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 final 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 final 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 final 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 (North American Industry Classification
System (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 $12.5
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
final rule are determined to be small businesses for the purpose of
this analysis.
NMFS expects this final 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 final
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, this final 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 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, will
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
[[Page 39200]]
charter vessel. The action to change the sector allocations and the
total ACL revises the recreational ACL and thus also revises the
recreational ACT, which is used to constrain harvest. The change to the
recreational ACT is expected to change the length of the recreational
fishing season. The 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 action to reduce the buffer between the commercial ACL and ACT
from 13 percent to 7 percent will 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 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 action to reduce the commercial catch limits and the
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 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 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),
respectively. 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 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
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
[[Page 39201]]
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 are likely not representative of
typical recreational fishing practices.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, NMFS prepared a fishery bulletin, which also
serves as a small entity compliance guide. Copies of this final rule
are available from the Southeast Regional Office, and the guide, i.e.,
fishery bulletin, will be sent to all known industry contacts in the
Gulf reef fish fishery and be posted at: https://www.fisheries.noaa.gov/tags/small-entity-compliance-guide?title=&field_species_vocab_target_id=&field_region_vocab_target_id%5B1000001121%5D=1000001121&sort_by=created. The guide and this final
rule will be available upon request.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
NMFS finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in the effective date for changes to the commercial quota and ACL
specified in 50 CFR 622.39(a)(1)(v) and 622.41(a)(1)(iii). The most
recent landings estimates indicate that commercial harvest of greater
amberjack for this fishing year has reached the revised commercial
quota and ACL implement in this final rule. The commercial AMs require
NMFS to prohibit harvest of greater amberjack when commercial landings
reach or are projected to reach the commercial ACT (quota) and if
commercial landings exceed the commercial ACL, then during the
following fishing year, both the commercial quota and the commercial
ACL must be reduced by the amount of any commercial ACL overage.
Commercial harvest of greater amberjack is prohibited during March,
April, and May each year under 50 CFR 622.36(a), reopening on June 1.
NMFS is unable to prohibit further commercial harvest under the AMs
unless the reduced quota in this final rule is effective. If harvest
continues during the 2023 fishing year, it is likely to result in a
significant overage of the new commercial ACL, which would require NMFS
to reduce the commercial quota for the 2024 fishing year. If the
overage exceeds the reduced quota in this final rule, no commercial
harvest of greater amberjack would be permitted in 2024. Therefore, it
is necessary to have the revised commercial catch levels in this final
rule effective upon publication. This will allow NMFS to implement the
required AM based on the revised quota and provide commercial harvest
opportunities in 2024 by limiting any required reduction in the 2024
quota. A waiver of the 30-day delay in effectiveness for the
recreational quota and ACL specified in 50 CFR 622.39(a)(2)(ii) and
622.41(a)(2)(iii) is not necessary because recreational harvest is
prohibited until August 1, as a result of an annual seasonal closure.
List of Subjects in 50 CFR Part 622
Annual catch limits, Commercial, Fisheries, Fishing, Greater
amberjack, Gulf of Mexico, Recreational.
Dated: June 8, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 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. Effective June 15, 2023, in Sec. 622.39, revise paragraph (a)(1)(v)
to read as follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(1) * * *
(v) Greater amberjack--93,930 lb (42,606 kg), round weight.
* * * * *
0
3. Effective July 17, 2023, Sec. 622.39 is further amended by revising
paragraph (a)(2)(ii) to read as follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(2) * * *
(ii) Recreational quota for greater amberjack. The recreational
quota for greater amberjack is 335,320 lb (152,099 kg), round weight.
* * * * *
0
4. Effective June 15, 2023, in Sec. 622.41, revise paragraph
(a)(1)(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).
* * * * *
0
5. Effective July 17, 2023, Sec. 622.41 if further amended by revising
paragraph (a)(2)(iii) to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
(a) * * *
(2) * * *
(iii) The recreational ACL for greater amberjack, in round weight,
is 404,000 lb (183,251 kg).
* * * * *
[FR Doc. 2023-12633 Filed 6-14-23; 8:45 am]
BILLING CODE 3510-22-P