[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Proposed Rules]
[Pages 40190-40192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13049]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BL93


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 49

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

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

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SUMMARY: The South Atlantic Fishery Management Council (Council) 
submitted Amendment 49 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP) for review, 
approval, and implementation by NMFS. If approved by the Secretary of 
Commerce, Amendment 49 to the FMP would revise the overfishing limit 
(OFL), acceptable biological catch (ABC), annual optimum yield (OY), 
sector allocations, the total and sector annual catch limits (ACLs), 
commercial minimum size limit, the commercial seasonal trip limits, and 
the April spawning season closure. In addition, Amendment 49 would 
remove the recreational annual catch targets (ACTs) for species in the 
FMP. The purpose of Amendment 49 is to ensure catch limits are based on 
the best scientific information available and to ensure overfishing 
does not occur for the South Atlantic greater amberjack stock, while 
increasing social and economic benefits.

DATES: Written comments must be received on or before August 21, 2023.

ADDRESSES: You may submit comments on Amendment 49, identified by 
``NOAA-NMFS-2023-0061'', by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov 
and enter ``NOAA-NMFS-2023-0061'' in the Search box. Click the 
``Comment'' icon, complete the required fields, and enter or attach 
your comments.
     Mail: Submit written comments to Mary Vara, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).
    Electronic copies of Amendment 49, 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/150641.

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

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit any fishery management plan or an 
amendment to such a plan to the Secretary of Commerce (the Secretary) 
for review and approval, partial approval, or disapproval. The 
Magnuson-Stevens Act also requires that NMFS, upon receiving a fishery 
management plan or an amendment to such a plan, publish an announcement 
in the Federal Register notifying the public that the plan or amendment 
is available for review and comment.
    The Council prepared the FMP that is being revised by Amendment 49. 
If approved, Amendment 49 would be implemented by NMFS through 
regulations at 50 CFR part 622 under the authority of the 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 bycatch 
mortality to the extent practicable.
    In 2008, a stock assessment for greater amberjack was completed 
through the Southeast Data, Assessment, and Review (SEDAR) process 
(SEDAR 15), and it was determined that the stock was not overfished or 
undergoing overfishing. As a result of that stock status, the 
Comprehensive Amendment to the FMP (77 FR 15915, March 16, 2012) 
established the current total ACL and annual OY.
    The most recent SEDAR stock assessment for South Atlantic greater 
amberjack (SEDAR 59) was completed in 2020. The assessment 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 from the 
Coastal Household Telephone Survey (CHTS) to the mail-based FES. 
Estimates of recreational catch for greater amberjack included in the 
previous assessment were made using the Marine Recreational Fisheries 
Statistics Survey (MRFSS) methodology. As explained in Amendment 49, 
total recreational fishing effort estimates generated from MRIP FES are 
different than those from the MRIP CHTS and MRFSS. 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 Scientific and Statistical 
Committee (SSC), the Council, and NMFS, and more robust compared to the 
MRFSS method previously used to estimate recreational catches for 
greater amberjack. The SSC reviewed SEDAR 59 (2020) 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 greater amberjack stock is not overfished or 
undergoing overfishing.
    Updated catch and data changes incorporated in the assessment 
provided information to update the OFL, ABC, annual OY, and ACLs. In 
response to the results of SEDAR 59 (2020), the Council subsequently 
developed Amendment 49.
    In addition to the proposed revisions to the sector ACLs and 
seasonal commercial quotas, the Council determined that further 
modifications to greater amberjack management measures are needed to 
ensure that overfishing does not occur, while increasing social and 
economic benefits through sustainable harvest of greater

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amberjack in the South Atlantic exclusive economic zone (EEZ). 
Amendment 49 would reduce the commercial minimum size limit, increase 
the seasonal commercial trip limits, and revise the April spawning 
closure for greater amberjack. Amendment 49 would also make changes to 
the FMP by removing recreational ACTs from the FMP to make 
administrative efforts more efficient, since the Council has not used, 
and does not anticipate using, recreational ACTs for management.

Actions Contained in Amendment 49

    For South Atlantic greater amberjack, Amendment 49 would revise the 
OFL, ABC, annual OY, total ACL, sector allocations, and sector ACLs. 
Amendment 49 would also revise the commercial minimum size limit, 
commercial seasonal trip limits, and the April spawning closure. In 
addition, Amendment 49 would remove the recreational ACTs for snapper-
grouper species in the FMP.

OFL, ABC, Annual OY, and Total ACL

    As implemented through the Comprehensive ACL Amendment, the current 
OFL for greater amberjack is 2,005,000 lb (909,453 kg), round weight. 
The current total ACL and annual OY are equal to the ABC of 1,968,001 
lb (892,670 kg), round weight. All of these current values include 
recreational landings for greater amberjack tracked using MRFSS 
estimation methods, and the Council's choice of these values was based 
on the recommendations of their SSC from the SEDAR 15 stock assessment 
(2008).
    In April 2021, the Council's SSC reviewed the latest stock 
assessment SEDAR 59 (2020) and recommended new OFL and ABC levels based 
on the assessment. As discussed above, SEDAR 59 and the associated OFL 
and ABC recommendations for greater amberjack incorporated the revised 
estimates for recreational catch and effort from the MRIP FES. MRIP 
replaced MRFSS in 2013 and replaced the CHTS with FES in 2018. MRIP 
also incorporated a new survey design for the Access Point Angler 
Intercept Survey in 2013. As explained in Amendment 49, total 
recreational fishing effort estimates generated from MRIP FES are 
generally higher than both the MRFSS and MRIP CHTS estimates. This 
difference in estimates is because MRIP FES is designed to more 
accurately measure fishing activity, not because there was a sudden 
increase 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 MRFSS method previously used to 
estimate recreational catches for greater amberjack. The new OFL and 
ABC recommendations within Amendment 49 also represent the best 
scientific information available as determined by the Council's SSC and 
NMFS. The Council chose to specify OY for greater amberjack 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).
    The fishing year for greater amberjack is March 1 through the end 
of February; therefore, OFL, ABC, OY and total ACL values are described 
as a combination of years. Amendment 49 would revise the OFL to be 
3,283,000 lb (1,489,144 kg), round weight, for 2023-2024; 2,839,000 lb 
(1,287,749 kg), round weight, for 2024-2025; 2,719,000 lb (1,233,317 
kg), round weight, for 2025-2026; and 2,691,000 lb (1,220,617 kg), 
round weight, for 2026-2027 and subsequent years.
    Amendment 49 would revise the total ACL and annual OY equal to the 
recommended ABC of 3,233,000 lb (1,466,464), round weight, for 2023-
2024; 2,818,000 lb (1,278,223 kg), round weight, for 2024-2025; 
2,699,000 lb (1,224,246), round weight, for 2025-2026; and 2,669,000 lb 
(1,210,638), round weight, for 2026-2027 and subsequent fishing years.

Sector Allocations and ACLs

    Amendment 49 would revise the commercial and recreational 
allocations of the total ACL for greater amberjack. The current sector 
ACLs for greater amberjack are based on the current commercial and 
recreational allocations of the total ACL at 40.66 percent and 59.34 
percent, respectively. The current allocations were established by 
applying the formula of sector ACL = ((mean landings 2006-2008)*0.5) + 
((mean landings 1986-2008)*0.5) to the landings dataset that were used 
in the Comprehensive ACL Amendment (77 FR 15916, March 16, 2012).
    The revised greater amberjack sector allocations in Amendment 49 
would result in commercial and recreational allocations of 35.00 
percent and 65.00 percent, respectively. After considering various 
allocation alternatives, the Council proposed allocations based on 
their current allocation equation, updated estimates of recreational 
landings from the MRIP FES method, and a consideration of economic and 
social impacts to the commercial and recreational sectors. The proposed 
sector allocations are approximate midpoints between the current 
allocations, and the allocations that result from applying the current 
allocation formula to a revised dataset that is inclusive of MRIP-FES, 
which results in commercial and recreational allocations of the total 
ACL at 29.84 percent and 70.16 percent, respectively. While the Council 
increased the recreational allocation percentage to account for the 
increase in recreational catch estimates under the new MRIP FES 
estimation method, the Council chose to increase the recreational 
allocation to 65.00 percent, instead of 70.16 percent, to account for 
potential adverse economic and social impacts to the commercial sector. 
Several recently completed stock assessments for other species in the 
FMP have indicated poor stock status and necessitated reduced harvest 
of these stocks, making greater amberjack potentially more important to 
the commercial sector. The proposed greater amberjack sector allocation 
percentages also approximate the average annual total landings 
percentages for each sector from 2010-2019.
    The Council determined that the sector allocations in Amendment 49 
would result in the most appropriate balance between the needs of both 
sectors to maximize harvest opportunities. The Council considers this 
revised allocation to be fair and equitable to fishery participants in 
both the commercial and recreational sectors. The Council determined 
that this allocation is also reasonably calculated to promote 
conservation and is a wise use of the resource, since it achieves OY 
and is based upon an ABC recommendation from their SSC that 
incorporates the best scientific information available. The Council 
acknowledged that the recreational sector would benefit with an 
increase to their allocation, and that the recreational sector 
management measures and accountability measures (AMs) are in place to 
prevent overages of the recreational ACL.
    The commercial quota for greater amberjack is equivalent to the 
commercial ACL. The final rule for Regulatory Amendment 27 to the FMP 
established two commercial fishing seasons and divided the commercial 
quota between the seasons to lengthen the greater amberjack commercial 
season and allow for a more equitable distribution and price stability 
of the greater amberjack resource throughout the South Atlantic (85 FR 
4588, January 27, 2020). Regulatory Amendment 27 allocated 60 percent 
of the commercial quota to Season 1 from March through August, and 40 
percent of the quota to

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Season 2 from September through February. Any remaining commercial 
quota from Season 1 is added to the commercial quota in Season 2. Any 
remaining quota from Season 2 is not carried forward into the next 
fishing year. Amendment 49 would not alter the current fishing seasons 
or seasonal allocations of the commercial ACL.
    Currently, the commercial ACL is 769,388 lb (348,989 kg), gutted 
weight. The commercial Season 1 quota is 461,633 lb (209,393 kg), 
gutted weight. The commercial Season 2 quota is 307,755 lb (139,595 
kg), gutted weight.
    Amendment 49 would revise the commercial ACLs to be 1,088,029 lb 
(493,522 kg), gutted weight, for 2023-2024; 948,365 lb (430,171 kg), 
gutted weight, for 2024-2025; 908,317 lb (412,006 kg), gutted weight, 
for 2025-2026; and 898,221 lb (407,426 kg), gutted weight, for 2026-
2027 and subsequent fishing years.
    The commercial Season 1 quotas would be 652,817 lb (296,113 kg), 
gutted weight, for 2023-2024; 569,019 lb (258,103 kg), gutted weight, 
for 2024-2025; 544,990 lb (247,203 kg), gutted weight, for 2025-2026; 
and 538,933 lb (244,456 kg), gutted weight, for 2026-2027 and 
subsequent fishing years.
    The commercial Season 2 quotas would be 435,212 lb (197,409 kg), 
gutted weight, for 2023-2024; 379,346 lb (172,068 kg), gutted weight, 
for 2024-2025; 363,327 lb (164,802 kg), gutted weight, for 2025-2026; 
and 359,288 lb (162,970 kg), gutted weight, for 2026-2027 and 
subsequent fishing years.
    The current recreational ACL is 1,167,837 lb (529,722 kg), round 
weight. In Amendment 49,the recreational ACLs would be 2,101,450 lb 
(953,202 kg), round weight, for 2023-2024; 1,831,700 lb (830,845 kg), 
round weight, for 2024-2025; 1,754,350 lb (795,760 kg), round weight, 
for 2025-2026; and 1,734,850 lb (786,915 kg), round weight, for 2026-
2027 and subsequent fishing years.

Commercial Minimum Size Limit

    Amendment 4 to the FMP (56 FR 56016, October 31, 1991) implemented 
the current minimum size limit for the commercial sector of 36 inches 
(91.4 cm) fork length (FL).
    Amendment 49 would reduce the commercial minimum size limit to 34 
inches (86.4 cm), FL. Consideration of a reduced commercial minimum 
size limit was recommended during public scoping (April 2021) and from 
the Council's Snapper-Grouper Advisory Panel (AP) at their April 2021 
meeting. For similar reasons as those provided through public and AP 
comments, the Council determined that reducing the minimum size limit 
would reduce regulatory discards, reduce the risk of shark depredation, 
and more align with the greater commercial desirability for smaller 
fish. Additionally, the Council decided that a reduction to 34 inches 
(86.4 cm), FL, is not likely to jeopardize the current positive stock 
status, given other management constraints on the commercial sector 
such as in-season AMs, trip limits, and split season quotas.

Seasonal Commercial Trip Limits

    The final rule for Regulatory Amendment 27 revised the commercial 
trip limit for greater amberjack to the current limits of 1,200 lb (544 
kg) during Season 1, and 1,000 lb (454 kg) during Season 2 (in round or 
gutted weight).
    Amendment 49 would increase the Season 2 trip limit for greater 
amberjack to 1,200 lb (544 kg). After hearing a recommendation for this 
change from the Snapper-Grouper AP, the Council selected this option to 
have more regulatory consistency by having the same commercial trip 
limit throughout the year. Additionally, the Council acknowledged that 
the analyses considered in Amendment 49 indicate that under the 1,200 
lb (544 kg) trip limit, the commercial sector is not expected to 
experience a closure in Season 2. The Council decided that having the 
same trip limit throughout the fishing year would best meet the purpose 
of revising the commercial trip limit to increase efficiency of 
commercial fishing for greater amberjack, while minimizing adverse 
social and economic effects.

April Spawning Closure

    The peak spawning month for greater amberjack is during April and 
spawning aggregations are vulnerable to fishing effort during that time 
of the year. Due to the concerns of high catch rates of greater 
amberjack in spawning aggregations, the final rule for Amendment 4 to 
the FMP (56 FR 56016, October 31, 1991) implemented a spawning season 
closure for the commercial harvest of greater amberjack during April, 
in which commercial fishermen were restricted to a three fish per 
person per day limit (the same as the recreational bag limit at the 
time). To further enhance the protection to spawning greater amberjack, 
the final rule for Amendment 9 to the FMP revised those commercial 
possession limits and sale/purchase restrictions (64 FR 3624, February 
24, 1999). Currently during April each year, for both the commercial 
and recreational sectors, no person may sell or purchase a greater 
amberjack harvested from the South Atlantic EEZ and the harvest and 
possession limit is one per person per day or one per person per trip, 
whichever is more restrictive.
    Amendment 49 would revise the April spawning closure restrictions 
for both the commercial and recreational sectors from April 1 through 
April 30, and not allow any person to fish for, harvest, or possess a 
greater amberjack from the South Atlantic EEZ and the harvest and 
possession limits would be zero. The sale or purchase of greater 
amberjack would also continue to be prohibited in April. The Council 
determined that additional protections were needed for greater 
amberjack during this portion of their peak spawning period (April-
May), and that both sectors should fully participate in this effort by 
not allowing either sector to harvest greater amberjack.

Proposed Rule for Amendment 49

    A proposed rule to implement Amendment 49 has been drafted. In 
accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule for Amendment 49 to determine whether it is consistent 
with the FMP, the Magnuson-Stevens Act, and other applicable law. If 
that determination is affirmative, NMFS will publish the proposed rule 
in the Federal Register for public review and comment.

Consideration of Public Comments

    The Council has submitted Amendment 49 for Secretarial review, 
approval, and implementation. Comments on Amendment 49 must be received 
by August 21, 2023. Comments received during the respective comment 
periods, whether specifically directed to Amendment 49 or the proposed 
rule, will be considered by NMFS in the decision to approve, partially 
approve, or disapprove, Amendment 49. All comments received by NMFS on 
the amendment or the proposed rule during their respective comment 
periods will be addressed in the final rule.

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

    Dated: June 13, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-13049 Filed 6-16-23; 11:15 am]
BILLING CODE 3510-22-P