[Federal Register Volume 88, Number 133 (Thursday, July 13, 2023)]
[Proposed Rules]
[Pages 44764-44774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14620]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 230706-0161]
RIN 0648-BM27


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic; Amendment 53

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 53 to the 
Fishery Management Plan for the Snapper-Grouper Fishery of the South 
Atlantic (FMP), as prepared and submitted by the South Atlantic Fishery 
Management Council (Council). For gag, this proposed rule would revise 
the sector annual catch limits (ACLs), commercial trip limits, 
recreational bag, vessel, and possession limits, and recreational 
accountability measures (AMs). For black grouper, this proposed rule 
would revise the recreational bag, vessel, and possession limits. In 
addition, Amendment 53 would establish a rebuilding plan, and revise 
the overfishing levels, acceptable biological catch (ABC), annual 
optimum yield (OY), and sector allocations for gag. The purpose of this 
proposed rule and Amendment 53 is to end overfishing of gag, rebuild 
the stock, and achieve OY while minimizing, to the extent practicable, 
adverse social and economic effects.

DATES: Written comments must be received on or before August 14, 2023.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2023-0045,'' 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-2023-0045'', in the Search 
box. Click the ``Comment'' icon, complete the required fields, and 
enter or attach your comments.
     Mail: Submit written comments to Frank Helies, 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 53, 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/action/amendment-53-rebuilding-plan-gag-and-management-gag-and-black-grouper/.

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

SUPPLEMENTARY INFORMATION: The South Atlantic snapper-grouper fishery, 
which includes gag and black grouper, is managed under the FMP. The FMP 
was prepared by the Council and implemented 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 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.
    All weights described in this proposed rule are in gutted weight, 
unless otherwise specified.
    In 2006, the gag stock was assessed through the Southeast Data, 
Assessment, and Review (SEDAR) process as a benchmark assessment (SEDAR 
10). The assessment indicated that the gag stock was not overfished but 
was undergoing overfishing. The Council and NMFS implemented management 
measures, including implementing a spawning season closure to end 
overfishing through the final rule for Amendment 16 to the FMP (74 FR 
30964, July 29, 2009).
    In 2014, the gag stock was assessed again through the SEDAR 10 
Update as a standard assessment. The assessment indicated that the gag 
stock was not overfished but was still experiencing overfishing. 
However, the Council's Scientific and Statistical Committee (SSC) noted 
that the fishing mortality rate for 2012, and the projected fishing 
mortality rate in 2013, based on the actual landings, suggested that 
overfishing did not occur in 2012 and 2013. Consequently, NMFS 
determined that the gag stock was not undergoing overfishing. In 
response to the SEDAR 10 Update, the Council and NMFS modified the ACLs 
and management measures through the final rule for Regulatory Amendment 
22 to the FMP (80 FR 48277, August 12, 2015).
    Amendment 53 responds to the most recent stock assessment for South 
Atlantic gag (SEDAR 71 2021). The Council's SSC reviewed the gag stock

[[Page 44765]]

assessment (SEDAR 71 2021) at their June 2021 meeting. The assessment 
followed a standard approach using data through 2019, and incorporated 
the revised estimates for recreational catch from the Marine 
Recreational Information Program (MRIP) Fishing Effort Survey (FES). 
The findings of the assessment indicated that the South Atlantic gag 
stock is overfished and undergoing overfishing. The SSC found that the 
assessment was conducted using the best scientific information 
available, was adequate for determining stock status and supporting 
total fishing level recommendations. NMFS notified the Council of the 
updated status of the gag stock via letter dated July 23, 2021.
    Following a notification from NMFS to a Council that a stock is 
undergoing overfishing and is overfished, the Magnuson-Stevens Act 
requires the Council to develop an FMP amendment with actions that 
immediately end overfishing and rebuild the affected stock. The Council 
developed Amendment 53 to respond to the results of SEDAR 71.
    The Council requested several different rebuilding projections for 
the gag stock including a 50 percent and a 70 percent probability of 
rebuilding under recent low recruitment and longer-term modeled 
recruitment scenarios. The SSC recommended ABC values based on a 70 
percent probability of rebuilding in 10 years and recruitment based on 
the long-term recruitment scenario from SEDAR 71. However, in March 
2023, the NMFS Southeast Fisheries Science Center advised the Council 
that unless gag discards were reduced in similar proportion to the 
reduction in landings, the probability of rebuilding would be below the 
expected 70 percent probability of rebuilding but still be above 50 
percent, as required under the Magnuson-Stevens Act. The Council 
accepted the SSC's recommended ABC values, as discussed below.
    In Amendment 53, the Council would also revise the overfishing 
limit (OFL) for gag, and update other biological reference points. 
Amendment 53 would set the OFL to 367,235 lb (166,575 kg), for 2023; 
494,338 lb (224,228 kg), for 2024; 605,227 lb (274,526 kg), for 2025; 
706,366 lb (320,402 kg), for 2026; 808,266 lb (366,623 kg), for 2027; 
912,033 lb (413,691 kg), for 2028; 1,011,133 lb (458,642 kg), for 2029; 
1,098,379 lb (498,216 kg), for 2030; 1,171,120 lb (531,211 kg), for 
2031; and 1,230,363 lb (558,083 kg), for 2032 and subsequent fishing 
years.
    The Council intends that Amendment 53 would end overfishing of 
South Atlantic gag, 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 sector ACLs, commercial trip 
limits, recreational bag, vessel, and possession limits, and 
recreational AMs for gag. Because gag and black grouper are often 
misidentified by recreational fishermen, this proposed rule would also 
address recreational vessel limits and a prohibition on captain and 
crew bag limit retention for black grouper.

Total ACLs

    Through the final rule for Regulatory Amendment 22 to the FMP, the 
current total ACL and annual OY were set at 734,350 lb (333,095 kg), 
which is 95 percent of the current ABC (80 FR 48277, August 12, 2015). 
In Amendment 53, the Council would revise the ABC based on SEDAR 71 and 
the recommendation of the SSC, and set the ABC, ACL, and annual OY 
equal to each other.
    This proposed rule would revise the total ACL (and the annual OY) 
equal to the recommended ABC of 175,632 lb (79,665 kg), for 2023; 
261,171 lb (118,465 kg), for 2024; 348,352 lb (158,010 kg), for 2025; 
435,081 lb (197,349 kg), for 2026; 524,625 lb (237,966 kg), for 2027; 
617,778 lb (280,219 kg), for 2028; 711,419 lb (322,694 kg), for 2029; 
800,088 lb (362,914 kg), for 2030; 879,758 lb (399,052 kg), for 2031; 
and 948,911 lb (430,419 kg), for 2032 and subsequent fishing years.

Sector Allocations and ACLs

    Amendment 53 would revise the commercial and recreational 
allocations for gag. The current sector ACLs for gag are based on the 
commercial and recreational allocations of the total ACL at 51 percent 
and 49 percent, respectively, that were established through Amendment 
16 to the FMP (74 FR 30964, July 29, 2009). The Council used the 
distribution of landings from 1999 through 2003 to determine the 
existing allocations.
    In Amendment 53, the Council would adjust the commercial and 
recreational sector allocations based on a unique allocation formula 
(``split reduction method'') that also accounts for the revisions to 
the calibrated recreational landings estimates from the MRIP FES. This 
method would implement the reductions in total harvest needed to 
achieve the new total ACL proportionally for each sector, based upon 
the distribution of landings under more recent time periods that the 
Council determined better reflect the way the fishery is currently 
operating. The Council chose the 5-year average of commercial and 
recreational (FES) landings from 2015 through 2019, and split the 
reduction needed to achieve the new reduced ACL in 2023 proportionally 
among the sectors. Then in each subsequent year throughout the 
rebuilding plan, as the ACL increases, the ACL poundage increase is 
allocated equally between both sectors and added to each sector's 
respective ACL from the previous year. The proposed adjustments would 
result in allocation percentages of 49 percent commercial and 51 
percent recreational for 2023 through 2026. Each year thereafter would 
be a 50 percent commercial and 50 percent recreational allocation.
    The Council determined that the preferred sector allocation method 
in Amendment 53 more fairly deals with the initial reduction in 
landings that results from the updated catch levels, and reduces the 
proportion of each sector's allowable catch based on recent landings so 
that the effect on each sector is more equitable. Similarly, the 
Council noted that the new allocations would achieve a balance between 
the needs of both sectors and also increase each sector's allowable 
catch proportionately on a poundage basis throughout the rebuilding 
plan. The Council determined that the new method distributes both 
overfishing restrictions and recovery benefits for gag fairly and 
equitably among both sectors. Thus, the Council considers this 
allocation method to be fair and equitable to fishery participants in 
both the commercial and recreational sectors. In addition, this 
allocation method is also reasonably calculated to promote 
conservation, since it achieves OY while it remains within the 
boundaries of a total ACL that is based upon an ABC recommendation that 
would end overfishing and rebuild the stock, incorporating the best 
scientific information available.
    The current commercial ACL for gag is 347,301 lb (157,533 kg) and 
was implemented through Amendment 16 to the FMP (74 FR 30964, July 29, 
2009). The commercial ACLs in this proposed rule would be 85,326 lb 
(38,703 kg), for 2023; 128,096 (58,103 kg), for 2024; 171,687 (77,876 
kg), for 2025; 215,051 (97,545 kg), for 2026; 259,823 (117,854 kg), for 
2027; 306,400 (138,981 kg), for 2028; 353,220 (160,218 kg), for 2029; 
397,555 (180,328 kg), for 2030; 437,390 (198,397 kg), for 2031; and 
471,966 lb (214,080 kg), for 2032 and subsequent years.

[[Page 44766]]

    The current recreational ACL for gag is 359,832 lb (172,807 kg) and 
was implemented through Amendment 16 to the FMP (74 FR 30964, July 29, 
2009). The recreational ACLs in this proposed rule would be 90,306 lb 
(40,962 kg), for 2023; 133,075 lb (60,362 kg), for 2024; 176,665 lb 
(80,134 kg), for 2025; 220,030 lb (99,804 kg), for 2026; 264,802 lb 
(120,112 kg), for 2027; 311,378 lb (141,239 kg), for 2028; 358,199 lb 
(162,476 kg), for 2029; 402,533 (182,586 kg), for 2030; 442,368 lb 
(200,655 kg), for 2031; and 476,945 lb (216,339 kg), for 2032 and 
subsequent years.

Commercial Trip Limits

    The final rule for Regulatory Amendment 14 to the FMP established 
the current commercial trip limit for gag of 1,000 lb (454 kg), until 
75 percent of the commercial quota is met, at which time the commercial 
trip limit is reduced to 500 lb (227 kg) for the remainder of the 
fishing year or until the commercial quota is met (79 FR 66316, 
December 8, 2014). This proposed rule would modify the commercial trip 
limit for gag to be 300 lb (136 kg), without a trip limit reduction.
    Under the proposed trip limit, the Council determined that 
commercial fishermen could retain a sufficient amount of gag over the 
longest amount of time during a fishing year, and that it would 
increase the likelihood of gag remaining open to commercial harvest and 
available to consumers for as long as possible during the year.

Recreational Vessel Limits for Gag and Black Grouper

    This proposed rule would establish a private recreational vessel 
limit for gag and also a private recreational vessel limit for black 
grouper of two fish per vessel per day, not to exceed the daily bag 
limit of one fish per person per day, whichever is more restrictive. 
For for-hire recreational vessels, this proposed rule would establish a 
vessel limit for gag and also a vessel limit for black grouper of two 
fish per vessel per trip, not to exceed the daily bag limit of one fish 
per person per day, whichever is more restrictive.
    There is currently no recreational vessel limit for gag or black 
grouper. The current recreational bag and possession limits for gag and 
black grouper in the South Atlantic, specified by Regulatory Amendment 
22 to the FMP, are one fish per person per day within the three fish 
aggregate for grouper and tilefish, and no more than one of those fish 
may be a gag or a black grouper.
    Given the substantial reduction in harvest needed to end 
overfishing immediately and to increase the likelihood of rebuilding 
the gag stock, the Council decided to establish recreational vessel 
limits for gag that would continue to allow recreational retention and 
help constrain harvest to the reduced recreational ACL. As previously 
mentioned, gag and black grouper are often misidentified by 
recreational fishermen. Because of these misidentification issues 
between the two species, coupled with the need to greatly reduce the 
harvest of gag to end overfishing and rebuild the stock, this proposed 
rule would also implement recreational vessel limits to help with 
harvest constraints for black grouper to indirectly benefit the gag 
portion of the snapper-grouper fishery.
    This proposed rule would not alter the gag or black grouper 
recreational bag limits, which would remain one gag or one black 
grouper per person per day within the three fish aggregate for grouper 
and tilefish. This proposed rule would establish a per day gag and 
black grouper recreational vessel limit for the private angling 
component and a per trip gag and black grouper vessel limit for the 
charter vessel and headboat (for-hire) component. These separate vessel 
limits would be expected to constrain harvest for these two separate 
components of the recreational sector. Because for-hire vessels may 
take multiple trips in a single day, the Council determined that a per 
trip maximum vessel limit would ensure equal access for new customers 
on a second for-hire trip of the day by not requiring discarding of a 
gag or black grouper if one was previously caught and kept by a 
different customer on the first trip of a day.

Prohibition of Captain and Crew Bag Limit Retention for Gag and Black 
Grouper

    The captain and crew on a for-hire vessel with a Federal for-hire 
snapper-grouper permit may currently retain the daily bag limit of gag 
or black grouper as is allowed for each for-hire passenger. This 
proposed rule would set the gag and black grouper bag limit for captain 
and crew on a for-hire vessel with a Federal for-hire snapper-grouper 
permit at zero. The Council determined that because of the need to 
constrain the harvest of gag to the reduced recreational catch levels 
and because of the misidentification issues previously discussed, 
continuing to allow captain and crew to retain a daily bag limit of gag 
or black grouper would increase the potential gag harvest by 
recreational for-hire anglers and would prevent necessary reductions in 
the harvest of gag from being achieved.

Recreational AMs

    The current recreational AMs for gag were established through 
Amendment 34 to the FMP (81 FR 3731, January 22, 2016). The AM includes 
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 recreational AM 
also includes post-season adjustments. If recreational landings exceed 
the recreational ACL, then during the following fishing year 
recreational landings will be monitored for a persistence in increased 
landings. Also, if the total ACL is exceeded and gag are 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 gag. The 
current in-season closure AM would be retained and the post-season 
recreational AM would be revised. If recreational landings for gag 
exceed the recreational ACL, the length of the following year's 
recreational fishing season would be reduced by the amount necessary to 
prevent the recreational ACL from being exceeded. The proposed AM would 
remove the current potential duplicate AM application of a reduction in 
the recreational season length and an overage adjustment (payback) of 
the recreational ACL overage if the total ACL was exceeded. Under this 
proposed measure, the AM trigger would not be tied to the total ACL, 
but only to the recreational ACL. The proposed AM modification would 
ensure that overages in the recreational sector do not in turn affect 
the catch levels for the commercial sector. Any reduced recreational 
season length as a result of the recreational AM being implemented 
would apply to the recreational fishing season following the year of a 
recreational ACL overage. Additionally, under the proposed recreational 
AM, the length of the recreational season would not be reduced if the 
Regional Administrator determines, using the best scientific 
information available, that such is reduction is unnecessary. This 
proposed rule would not revise the commercial AMs because the Council 
determined that the current commercial AM remains sufficient to ensure 
commercial landings would not exceed either the current or revised 
commercial ACL.

[[Page 44767]]

Management Measures in Amendment 53 Not Codified by This Proposed Rule

    In addition to the measures within this proposed rule, Amendment 53 
would revise the OFL for gag and update other biological reference 
points. Amendment 53 would also establish a rebuilding plan, and revise 
the ABC, the OY, and the sector allocations for gag.

Rebuilding Plan for the South Atlantic Gag Stock

    Amendment 53 would establish a 10-year rebuilding plan, which is 
the longest allowable rebuilding scenario (Tmax) allowed for the gag 
stock by the Magnuson-Stevens Act (16 U.S.C. 1854(e)(4)(A)). In 
addition, the Magnuson-Stevens Act National Standard 1 Guidelines state 
that if the stock is projected to rebuild in 10 years or less, then 
Tmax is 10 years (50 CFR 600.310(j)(3)(i)(B)(1)). The Council intends 
that their preferred choice of the 10-year timeframe for rebuilding in 
Amendment 53 beginning in 2023 would reduce the severity of the 
management measures and thus result in fewer short-term negative social 
and economic impacts on fishing communities.

ABC and Annual OY

    The current OFL of 825,000 lb (374,214 kg) and ABC of 773,000 lb 
(350,627 kg) are inclusive of Coastal Household Telephone Survey (CHTS) 
estimates of private recreational and charter landings. The Council's 
SSC reviewed the latest stock assessment (SEDAR 71) and recommended new 
ABC levels as determined by SEDAR 71. The assessment and associated ABC 
recommendations incorporated the revised estimates for recreational 
catch and effort from the MRIP Access Point Angler Intercept Survey 
(APAIS) and the updated FES. MRIP began incorporating a new survey 
design for APAIS in 2013 and replaced the 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 53, 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 is 
more robust compared to the MRIP CHTS method. The new ABC 
recommendations within Amendment 53 also represent the best scientific 
information available as determined by the SSC.
    The Council chose to specify OY for gag 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 53, the FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An initial regulatory flexibility analysis (IRFA) was prepared, as 
required by section 603 of the Regulatory Flexibility Act (RFA; 5 
U.S.C. 603). NMFS has determined that this IRFA is consistent with RFA 
requirements, subject to further consideration after public comment. 
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 gag total 
ACL and sector ACLs, (2) reduce the commercial trip limit for gag, (3) 
revise the gag recreational bag, vessel, and possession limits, (4) 
revise the gag recreational AMs, and (5) for black grouper revise the 
recreational bag, vessel, and possession limits. Item (1), the gag 
total ACL and sector ACLs, 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 
gag in federal waters of the South Atlantic. Item (2), the commercial 
trip limit for gag, would only apply to commercial vessels. Items (3), 
gag recreational bag, vessel, and possession limits; (4), gag 
recreational AMs; and (5), black grouper recreational bag, vessel, and 
possession limits, would only apply to for-hire vessels and 
recreational anglers. None of the proposed changes would directly apply 
to federally-permitted dealers. Any change in the supply of gag 
available for purchase by dealers as a result of this proposed rule, 
and associated economic effects, would be an indirect effect of the 
proposed regulatory action and would therefore fall outside the scope 
of the RFA.
    Although most provisions 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 gag catch limits and gag and black 
grouper management measures would not be expected to 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 
the proposed rule. Based on the historically-minimal level of charter 
mode target effort for gag and black grouper in the South Atlantic, the 
low retention limit for these species, and the number of substitute 
species available, NMFS does not expect any change in for-hire trip 
demand to result from this proposed rule; however, should it occur, any 
such indirect effects would fall outside the scope of the RFA. For-hire 
captains and crew are currently allowed to retain gag and black grouper 
under the recreational bag limits; however, they are not allowed to 
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 (102.1 kg) trip-limited permits. On average from 2015 through 
2019, there were 203 federally-permitted commercial vessels with 
reported landings of gag in the South Atlantic. Their average annual 
vessel-level gross revenue from all species for 2015 through 2019 was 
$67,722 (2021 dollars) and gag accounted for approximately 10 percent 
of this revenue. For commercial vessels

[[Page 44768]]

that harvest gag in the South Atlantic, NMFS estimates that economic 
profits are $677 (2021 dollars) or 1 percent of annual gross revenue, 
on average. The maximum annual revenue from all species reported by a 
single one of the vessels that harvested gag 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 gag total ACLs based on the 
most recent recommendation from the SSC in response to the SEDAR 71 
(2021) gag stock assessment. These catch limits 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 in each year of the rebuilding 
plan according to the values provided in Table 1. The 2032 total ACL 
values would remain in effect until changed by future Council action. 
Relative to the current commercial ACL of 347,301 lb (157,533 kg) and 
applying the current commercial sector allocation of 51 percent, the 
proposed changes to the gag catch limits would result in a decrease in 
the commercial ACL during 2023 and through 2028 and an increase 
thereafter, as shown in Table 1. 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, estimated economic 
effects to small entities are considered as part of that discussion 
below.

          Table 1--Proposed Total ACLs and Commercial ACLs, as Based on Current Allocation Percentages
----------------------------------------------------------------------------------------------------------------
                                                                                            Difference between
                                                                  Commercial ACL in lb     proposed and current
                 Year                    Total ACL in lb (kg)             (kg)             commercial ACL in lb
                                                                                                   (kg)
----------------------------------------------------------------------------------------------------------------
2023.................................         175,632 (79,665)          89,572 (40,629)      -257,729 (-116,904)
2024.................................        261,171 (118,465)         133,197 (60,417)       -214,104 (-97,116)
2025.................................        348,352 (158,010)         177,660 (80,585)       -169,641 (-76,948)
2026.................................        435,081 (197,349)        221,891 (100,648)       -125,410 (-56,885)
2027.................................        524,625 (237,966)        267,559 (121,363)        -79,742 (-36,170)
2028.................................        617,778 (280,219)        315,067 (142,912)        -32,234 (-14,621)
2029.................................        711,419 (322,694)        362,824 (164,574)           15,523 (7,041)
2030.................................        800,088 (362,914)        408,045 (185,086)          60,744 (27,553)
2031.................................        879,758 (399,052)        448,677 (203,516)         101,376 (45,983)
2032+................................        948,911 (430,419)        483,945 (219,514)         136,644 (61,981)
----------------------------------------------------------------------------------------------------------------

    This proposed rule would set gag sector allocations and sector ACLs 
in 2023 proportional to each sector's share of total average landings 
(commercial and recreational combined) from 2015 through 2019. In 
subsequent years, as the total ACL increases, the total ACL poundage 
increase would be split equally between both sectors and added to each 
sector's ACL from the previous year. As a result, the allocation 
percentages would gradually shift over time. The 2032 values would 
remain in effect unless changed by future management action. As shown 
in Table 2, the combined economic effects of the proposed total ACLs in 
conjunction with the proposed revisions to the commercial allocation 
and ACLs, are estimated to be negative from 2023 through 2028 and 
positive thereafter. These estimates assume the full commercial ACL is 
harvested each year. Dividing the change in economic profits for each 
year shown in Table 2 by the average number of vessels with reported 
landings of gag from 2015 through 2019, the estimated annual change in 
economic profits per vessel would range from -$84 (a 12 percent loss 
per vessel) in 2023 (2021 dollars) to $40 (a 6 percent increase per 
vessel) in 2032. These estimated economic effects would be changing 
over time, and the time value of money concept suggests money earned 
sooner is more valuable than money earned later because of its earning 
potential. Therefore, when calculating an average annual effect, it is 
important to discount the future stream of benefits and costs back to 
present time to account for an assumed rate of return on capital. The 
net present value (NPV) of the estimated stream of changes in ex-vessel 
revenue over a 10 year period (2023 through 2032), using a 3 percent 
discount rate, is -$4.2 million (2021 dollars) and the annualized NPV 
during that period would be -$490,415. The average annualized NPV of 
changes in ex-vessel revenue and economic profits per vessel would be -
$2,416 and -$24, respectively. Individual fishing businesses, however, 
may experience varying levels of economic effects, depending on their 
fishing practices, operating characteristics, and profit maximization 
strategies.

[[Page 44769]]



 Table 2--Proposed Commercial Allocation, With Changes in Commercial ACL, Ex-Vessel Revenue, and Economic Profits Relative to the Status Quo Commercial
                                                             ACL of 347,301 lb (157,533 kg)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                           Change in ex-
                                                                                                                          vessel revenue     Change in
                         Year                             Commercial      Commercial ACL in lb      Change in lb (kg)     relative to no     economic
                                                          allocation              (kg)            relative to no action    action (2021    profits (2021
                                                                                                                             dollars)        dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023..................................................            0.49          85,326 (38,703)      -261,975 (-118,830)     -$1,705,457        -$17,055
2024..................................................            0.49         128,096 (58,103)       -219,205 (-99,430)      -1,427,025         -14,270
2025..................................................            0.49         171,687 (77,876)       -175,614 (-79,657)      -1,143,247         -11,432
2026..................................................            0.49         215,051 (97,545)       -132,250 (-59,988)        -860,948          -8,609
2027..................................................            0.50        259,823 (117,854)        -87,478 (-39,679)        -569,482          -5,695
2028..................................................            0.50        306,400 (138,981)        -40,901 (-18,552)        -266,266          -2,663
2029..................................................            0.50        353,220 (160,218)            5,919 (2,685)          38,533             385
2030..................................................            0.50        397,555 (180,328)          50,254 (22,795)         327,154           3,272
2031..................................................            0.50        437,390 (198,397)          90,089 (40,864)         586,479           5,865
2032+.................................................            0.50        471,966 (214,080)         124,665 (56,547)         811,569           8,116
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In addition to the changes mentioned above, this proposed rule 
would reduce the gag commercial trip limit to 300 lb (136 kg). Under 
the status quo commercial ACL, this would be expected to reduce 
commercial gag landings by 20 percent or 46,333 lb (21,016 kg) per 
year. This reduction in landings would represent an estimated annual 
loss of $301,630 (2021 dollars) in ex-vessel revenue and $3,016 in 
economic profits to the commercial sector. However, the trip limit 
would be modified in conjunction with the revised commercial ACL (Table 
2) and NMFS expects the commercial sector to fully harvest the revised 
commercial ACL, even with the reduced commercial trip limit, at least 
in the beginning years (2023-2025) of the rebuilding plan. Therefore, 
these economic effects would initially be subsumed under those 
described for the proposed ACLs and allocations (Table 2). In later 
years (2026-2032), the reduced trip limit may prevent the full harvest 
of the commercial ACL, thereby reducing the economic benefits 
associated with the increasing ACLs; however, landings rates for later 
years are more uncertain. In general, reducing the commercial trip 
limit, even if aggregate landings remain the same, may reduce the 
economic efficiency of individual trips which, in turn, may have 
negative consequences on economic profits. These effects cannot be 
quantified with existing data.
    Three alternatives were considered for the action to revise the 
ABC, based on the SSC's latest recommendations, and set the total ACL 
and annual OY equal to it. The first alternative, the no action 
alternative, would retain the existing ABC of 773,000 lb (350,627 kg). 
Under this alternative, the total ACL and annual OY would remain 
equivalent to 95 percent of the current ABC or 734,350 lb (333,096 kg). 
Because no changes would be made to the current catch limits, the first 
alternative would not be expected to change fishing practices or 
commercial harvests of gag, nor would it be expected to result in 
direct economic effects. This alternative was not selected by the 
Council because it would be inconsistent with their SSCs' latest catch 
limit recommendations and the transition to the MRIP FES, and 
therefore, would not be based on the best scientific information 
available.
    The second alternative to the proposed action to revise the ABC, 
ACL and annual OY would adopt the revised ABCs recommended by the SSC; 
however, it would set both the total ACL and annual OY equal to 95 
percent of the ABC. The change in pounds between the total and 
commercial ACLs under this alternative relative to the proposed action, 
along with the expected change in ex-vessel revenue are provided in 
Table 3. Relative to the proposed total ACLs and assuming no change to 
the current sector allocations, this alternative would reduce the 
commercial ACL by a range of 4,479 lb (2,032 kg) in 2023 to 24,197 lb 
(10,976 kg) in 2032 and subsequent years (Table 3). Assuming the 
commercial ACL would be harvested in full under either the proposed 
action or the second alternative, this translates to a loss in ex-
vessel revenue of $29,156 to $157,524 (2021 dollars) and a loss in 
economic profits equal to 1 percent of that or $292 to $1,575. The NPV 
of the estimated stream of changes in ex-vessel revenue over a 10 year 
period (2023 through 2032) relative to the proposed commercial ACLs, 
using a 3 percent discount rate, is -$777,295 (2021 dollars) and the 
annualized NPV during that period would be -$91,123. The average 
annualized NPV of changes in ex-vessel revenue and economic profits per 
vessel (assuming 203 affected vessels) would be -$449 and -$4, 
respectively. The Council did not select the second alternative because 
they determined it would be less effective at achieving the objectives 
of the FMP and that the current ACL 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 total ACL.

               Table 3--Differences in Total ACL, Commercial ACL, and Ex-Vessel Revenue Under the Second Alternative to the Proposed Action To Revise the ABC, ACL, and Annual OY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                     Difference in
                                                                                                  Total ACL under                                 commercial ACL in lb   Change in potential ex-
                                Year                                  Proposed total ACL in     alternative 2 in lb    Difference in total ACL     (kg) using current      vessel revenue (2021
                                                                             lb (kg)                    (kg)                  in lb (kg)            allocation of 51             dollars)
                                                                                                                                                        percent
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2023...............................................................         175,632 (79,665)         166,850 (75,682)          -8,782 (-3,983)          -4,479 (-2,032)                 -$29,156
2024...............................................................        261,171 (118,465)        248,112 (112,542)         -13,059 (-5,923)          -6,660 (-3,021)                  -43,356

[[Page 44770]]

 
2025...............................................................        348,352 (158,010)        330,934 (150,109)         -17,418 (-7,901)          -8,883 (-4,029)                  -57,828
2026...............................................................        435,081 (197,349)        413,327 (187,482)         -21,754 (-9,867)         -11,095 (-5,033)                  -72,226
2027...............................................................        524,625 (237,966)        498,394 (226,068)        -26,231 (-11,898)         -13,378 (-6,068)                  -87,090
2028...............................................................        617,778 (280,219)        586,889 (266,208)        -30,889 (-14,011)         -15,753 (-7,145)                 -102,554
2029...............................................................        711,419 (322,694)        675,848 (306,559)        -35,571 (-16,135)         -18,141 (-8,229)                 -118,099
2030...............................................................        800,088 (362,914)        760,084 (344,768)        -40,004 (-18,146)         -20,402 (-9,254)                 -132,819
2031...............................................................        879,758 (399,052)        835,770 (379,099)        -43,988 (-19,953)        -22,434 (-10,176)                 -146,044
2032+..............................................................        948,911 (430,419)        901,465 (408,898)        -47,446 (-21,521)        -24,197 (-10,976)                 -157,524
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    The third alternative to the proposed action to revise the ABC, ACL 
and annual OY would adopt the revised ABCs recommended by the SSC; 
however, it would set both the total ACL and annual OY equal to 90 
percent of the ABC. The change in pounds between the total and 
commercial ACLs under this alternative relative to the proposed action, 
along with the expected change in ex-vessel revenue are provided in 
Table 4. Relative to the proposed total ACLs and assuming no change to 
the current sector allocations, this alternative would reduce the 
commercial ACL by a range of 8,957 lb (4,063 kg) in 2023 to 48,394 lb 
(21,951 kg) in 2032 and subsequent years (Table 4). Assuming the 
commercial ACL would be harvested in full under either the proposed 
action or the third alternative, this translates to a loss in ex-vessel 
revenue of $58,312 to $315,048 (2021 dollars) and a loss in economic 
profits equal to 1 percent of that or $583 to $3,150. The NPV of the 
estimated stream of changes in ex-vessel revenue over a 10 year period 
(2023 through 2032) relative to the proposed commercial ACLs, using a 3 
percent discount rate, is -$1.6 million (2021 dollars) and the 
annualized NPV during that period would be -$182,245. The average 
annualized NPV of changes in ex-vessel revenue and economic profits per 
vessel (assuming 203 affected vessels) would be -$898 and -$9, 
respectively. The Council did not select the third alternative because 
they determined 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 total ACL.

 Table 4--Differences in Total ACL, Commercial ACL, and Ex-Vessel Revenue Under the Third Alternative to the Proposed Action To Revise the ABC, ACL, and
                                                                        Annual OY
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                      Difference in
                                                                          Total ACL under                         commercial ACL in lb      Change in
                       Year                         Proposed total ACL  Alternative 3 in lb  Difference in total   (kg) using current     potential ex-
                                                        in lb (kg)              (kg)            ACL in lb (kg)      allocation of 51     vessel revenue
                                                                                                                         percent         (2021 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023.............................................     175,632 (79,665)     158,069 (71,699)     -17,563 (-7,966)       -8,957 (-4,063)          -$58,312
2024.............................................    261,171 (118,465)    235,054 (106,619)    -26,117 (-11,846)      -13,320 (-6,042)           -86,711
2025.............................................    348,352 (158,010)    313,517 (142,209)    -34,835 (-15,801)      -17,766 (-8,059)          -115,656
2026.............................................    435,081 (197,349)    391,573 (177,615)    -43,508 (-19,735)     -22,189 (-10,065)          -144,451
2027.............................................    524,625 (237,966)    472,163 (214,170)    -52,463 (-23,797)     -26,756 (-12,136)          -174,181
2028.............................................    617,778 (280,219)    556,000 (252,197)    -61,778 (-28,022)     -31,507 (-14,291)          -205,108
2029.............................................    711,419 (322,694)    640,277 (290,425)    -71,142 (-32,269)     -36,282 (-16,457)          -236,198
2030.............................................    800,088 (362,914)    720,079 (326,622)    -80,009 (-36,291)     -40,804 (-18,508)          -265,637
2031.............................................    879,758 (399,052)    791,782 (359,146)    -87,976 (-39,905)     -44,868 (-20,352)          -292,088
2032+............................................    948,911 (430,419)    854,020 (387,377)    -94,891 (-43,042)     -48,394 (-21,951)          -315,048
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Four alternatives were considered for the proposed action to revise 
the gag sector allocations and sector ACLs. The first alternative, the 
no action alternative, would retain the current commercial and 
recreational sector allocations as 51 percent and 49 percent, 
respectively, of the revised total ACL for gag. Relative to the 
proposed allocation, this alternative, when applied to the proposed 
total ACLs in Table 1, would result in an increase in ex-vessel revenue 
that ranges from $27,641 ($136 per vessel) in 2023 to $77,983 ($384 per 
vessel) in 2032 (Table 5). The NPV of the estimated stream of changes 
in ex-vessel revenue over a 10 year period (2023 through 2032) relative 
to the proposed allocation, using a 3 percent discount rate, is 
$443,067 (2021 dollars) and the annualized NPV during that period would 
be $51,941. The average annualized NPV of changes in ex-vessel revenue 
and economic profits per vessel (assuming 203 affected vessels) would 
be $256 and $3, respectively. The Council did not select the first 
alternative because they determined other proposed alternatives 
provided allocation methods that incorporated more recent landings and 
were therefore a better representation of the gag portion of the 
snapper-grouper fishery moving forward. These allocation methods also 
provided better fairness and equity between the sectors.

[[Page 44771]]



       Table 5--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the First Alternative to the Proposed Allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                            Change in
                                                                                                     Commercial ACL in    commercial ACL     Change in
                                                                       Proposed      Alternative 1     lb (kg) under        in lb (kg)     potential ex-
                               Year                                   commercial      to proposed      alternative 1          under       vessel revenue
                                                                      allocation      allocation         allocation       alternative 1   (2021 dollars)
                                                                                                                            allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023..............................................................            0.49            0.51      89,572 (40,629)    4,246 (1,926)         $27,641
2024..............................................................            0.49            0.51     133,197 (60,417)    5,101 (2,314)          33,208
2025..............................................................            0.49            0.51     177,660 (80,585)    5,973 (2,709)          38,884
2026..............................................................            0.49            0.51    221,891 (100,648)    6,840 (3,103)          44,528
2027..............................................................            0.50            0.51    267,559 (121,363)    7,736 (3,509)          50,361
2028..............................................................            0.50            0.51    315,067 (142,912)    8,667 (3,931)          56,422
2029..............................................................            0.50            0.51    362,824 (164,574)    9,604 (4,356)          62,522
2030..............................................................            0.50            0.51    408,045 (185,086)   10,490 (4,758)          68,290
2031..............................................................            0.50            0.51    448,677 (203,516)   11,287 (5,120)          73,478
2032+.............................................................            0.50            0.51    483,945 (219,514)   11,979 (5,434)          77,983
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The second alternative to the proposed allocation would use the 
distribution of landings from 1999 through 2003 to set the commercial 
and recreational sector allocations at 36.37 percent and 63.63 percent, 
respectively, of the revised total ACL for gag. Relative to the 
proposed allocation, this alternative, when applied to the proposed 
total ACLs, would result in a decrease in ex-vessel revenue that ranges 
from $139,631 ($688 per vessel) in 2023 to $825,774 ($4,068 per vessel) 
in 2032 (Table 6). The NPV of the estimated stream of changes in ex-
vessel revenue over a 10 year period (2023 through 2032) relative to 
the proposed allocation, using a 3 percent discount rate, is -$4.02 
million (2021 dollars) and the annualized NPV during that period would 
be -$470,854. The average annualized NPV of changes in ex-vessel 
revenue and economic profits per vessel (assuming 203 affected vessels) 
would be -$2,319 and -$23, respectively. The Council did not select the 
second alternative because they determined other alternatives provided 
allocation methods that incorporated more recent landings and were 
therefore a better representation of the gag portion of the snapper-
grouper fishery moving forward. These allocation methods also provided 
better fairness and equity between the sectors.

       Table 6--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the Second Alternative to the Proposed Allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                          Change in
                                                                   Proposed      Alternative 2   Commercial ACL in    commercial ACL in      Change in
                             Year                                 commercial      to proposed      lb (kg) under        lb (kg) under      potential ex-
                                                                  allocation      allocation       alternative 2        alternative 2     vessel revenue
                                                                                                     allocation           allocation      (2021 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023..........................................................            0.49          0.3637      63,877 (28,974)     -21,449 (-9,729)       -$139,631
2024..........................................................            0.49          0.3637      94,988 (43,086)    -33,108 (-15,018)        -215,534
2025..........................................................            0.49          0.3637     126,696 (57,468)    -44,991 (-20,408)        -292,894
2026..........................................................            0.49          0.3637     158,239 (71,776)    -56,812 (-25,769)        -369,846
2027..........................................................            0.50          0.3637     190,806 (86,548)    -69,017 (-31,306)        -449,300
2028..........................................................            0.50          0.3637    224,686 (101,916)    -81,714 (-37,065)        -531,959
2029..........................................................            0.50          0.3637    258,743 (117,364)    -94,477 (-42,854)        -615,045
2030..........................................................            0.50          0.3637    290,992 (131,992)   -106,563 (-48,336)        -693,725
2031..........................................................            0.50          0.3637    319,968 (145,135)   -117,422 (-53,262)        -764,417
2032+.........................................................            0.50          0.3637    345,119 (156,543)   -126,847 (-57,537)        -825,774
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The third alternative to the proposed allocation would set the 
commercial and recreational sector allocations as 43.06 percent and 
56.94 percent, respectively, of the revised total ACL for gag. These 
allocations would be based on historical landings information that are 
equally-weighted for the periods of 1986 through 2008 and 2006 through 
2008. Relative to the proposed allocation, this alternative, when 
applied to the proposed total ACLs, would result in a decrease in ex-
vessel revenue that ranges from $63,140 ($311 per vessel) in 2023 to 
$412,506 ($2,032 per vessel) in 2032 (Table 7). The NPV of the 
estimated stream of changes in ex-vessel revenue over a 10 year period 
(2023 through 2032) relative to the proposed allocation, using a 3 
percent discount rate, is -$1.98 million (2021 dollars) and the 
annualized NPV during that period would be -$231,791. The average 
annualized NPV of changes in ex-vessel revenue and economic profits per 
vessel (assuming 203 affected vessels) would be -$1,142 and -$11, 
respectively. This allocation method uses the allocation formula often 
used for unassessed stocks, and while this method has been used for 
some assessed stocks, the Council decided that the years used in this 
allocation formula would not be the most representative of the gag 
portion of the snapper-grouper fishery moving forward.

[[Page 44772]]



       Table 7--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the Third Alternative to the Proposed Allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                          Change in
                                                                   Proposed      Alternative 3   Commercial ACL in    commercial ACL in      Change in
                             Year                                 commercial      to proposed      lb (kg) under        lb (kg) under      potential ex-
                                                                  allocation      allocation       alternative 3        alternative 3     vessel revenue
                                                                                                     allocation           allocation      (2021 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023..........................................................            0.49          0.4306      75,627 (34,304)      -9,699 (-4,399)        -$63,140
2024..........................................................            0.49          0.4306     112,460 (51,011)     -15,636 (-7,092)        -101,789
2025..........................................................            0.49          0.4306     150,000 (68,039)     -21,687 (-9,837)        -141,180
2026..........................................................            0.49          0.4306     187,346 (84,979)    -27,705 (-12,567)        -180,360
2027..........................................................            0.50          0.4306    225,904 (102,468)    -33,919 (-15,385)        -220,816
2028..........................................................            0.50          0.4306    266,015 (120,662)    -40,385 (-18,318)        -262,905
2029..........................................................            0.50          0.4306    306,337 (138,952)    -46,883 (-21,266)        -305,208
2030..........................................................            0.50          0.4306    344,518 (156,271)    -53,037 (-24,057)        -345,272
2031..........................................................            0.50          0.4306    378,824 (171,832)    -58,566 (-26,565)        -381,266
2032+.........................................................            0.50          0.4306    408,601 (185,338)    -63,365 (-28,742)        -412,506
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The fourth alternative to the proposed allocation would set gag 
sector allocations and sector ACLs in 2023 proportional to each 
sector's share of total average landings (commercial and recreational 
combined) from 2017 through 2019. In subsequent years, as the total ACL 
increases, the total ACL poundage increase would be split equally 
between both sectors and added to each sector's ACL from the previous 
year. This, in effect, would gradually shift the allocation 
percentages. The 2032 values would remain in effect unless changed by 
future management action. Relative to the proposed allocation, this 
alternative, when applied to the proposed total ACLs, would result in 
an annual decrease in ex-vessel revenue of approximately $110,969 ($547 
per vessel) (Table 8). The NPV of the estimated stream of changes in 
ex-vessel revenue over a 10 year period (2023 through 2032) relative to 
the proposed allocation, using a 3 percent discount rate, is -$946,558 
(2021 dollars) and the annualized NPV during that period would be -
$110,965. The average annualized NPV of changes in ex-vessel revenue 
and economic profits per vessel (assuming 203 affected vessels) would 
be -$547 and -$5, respectively. The Council did not select the fourth 
alternative because they decided the years of average landings used in 
this method did not best represent the gag portion of the snapper-
grouper fishery.

       Table 8--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the Fourth Alternative to the Proposed Allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                          Change in
                                                                   Proposed      Alternative 4   Commercial ACL in    commercial ACL in      Change in
                             Year                                 commercial      to proposed      lb (kg) under        lb (kg) under      potential ex-
                                                                  allocation      allocation       alternative 4        alternative 4     vessel revenue
                                                                                                     allocation           allocation      (2021 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023..........................................................            0.49            0.39      68,281 (30,972)     -17,045 (-7,731)       -$110,963
2024..........................................................            0.49            0.43     111,051 (50,372)     -17,045 (-7,731)        -110,963
2025..........................................................            0.49            0.44     154,641 (70,144)     -17,046 (-7,732)        -110,969
2026..........................................................            0.49            0.46     198,006 (89,814)     -17,045 (-7,731)        -110,963
2027..........................................................            0.50            0.46    242,778 (110,122)     -17,045 (-7,731)        -110,963
2028..........................................................            0.50            0.47    289,354 (131,249)     -17,046 (-7,732)        -110,969
2029..........................................................            0.50            0.47    336,175 (152,486)     -17,045 (-7,731)        -110,963
2030..........................................................            0.50            0.48    380,509 (172,596)     -17,046 (-7,732)        -110,969
2031..........................................................            0.50            0.48    420,344 (190,665)     -17,046 (-7,732)        -110,969
2032+.........................................................            0.50            0.48    454,921 (206,349)     -17,045 (-7,731)        -110,963
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Five alternatives were considered for the proposed action to reduce 
the commercial trip limit to 300 lb (136 kg). The first alternative, 
the no action alternative, would retain the current trip limit, which 
is 1,000 lb (454 kg) until 75 percent of the commercial ACL is met and 
then 500 lb (227 kg) for the remainder of the fishing year or until the 
commercial ACL is met. Therefore, it would not be expected to change 
fishing practices or commercial harvests of gag, nor would it be 
expected to result in direct economic effects. This alternative was not 
selected by the Council because it would likely result in a short 
fishing season and limited availability of gag for seafood consumers. 
Additionally, the Council did not think that the commercial trip limit 
step-down would be able to be effectively implemented in a timely 
manner, particularly in the first several years of the rebuilding plan.
    The second alternative to the proposed commercial trip limit of 300 
lb (136 kg) would set the commercial trip limit at 200 lb (91 kg). 
Under the status quo commercial ACL, this would be expected to reduce 
commercial gag landings by 32 percent or 74,133 lb (33,626 kg) per 
year. Relative to the proposed commercial trip limit, this alternative 
would result in an estimated annual reduction in ex-vessel revenue that 
is $180,978 (2021 dollars) greater and an annual reduction in economic 
profits that is $1,810 greater. However, because the trip limit would 
be modified in conjunction with the revised commercial ACL (Table 2) 
and NMFS expects the commercial sector to fully harvest the revised ACL 
even with a 200 lb (91 kg) commercial trip limit, at least in the 
beginning years of the

[[Page 44773]]

rebuilding plan, these economic effects would initially be subsumed 
under those described for the proposed commercial ACLs and allocations. 
In later years, the lower trip limit may prevent the full harvest of 
the commercial ACL, thereby reducing the economic benefits associated 
with the increasing commercial ACLs; however, landings rates for later 
years are more uncertain and these effects cannot be quantified with 
existing data. In general, a lower commercial trip limit may reduce 
economic efficiency on trips, which may lead to a reduction in economic 
profits. This alternative was not selected by the Council because a 200 
lb (91 kg) trip limit would make trips to catch gag too costly and 
inefficient.
    The third alternative to the proposed commercial trip limit action 
would set the commercial trip limit at 400 lb (181 kg). Under the 
status quo commercial ACL, this would be expected to reduce commercial 
gag landings by 13 percent or 30,117 lb (13,661 kg) per year. Relative 
to the proposed commercial trip limit, this alternative would result in 
an estimated annual reduction in ex-vessel revenue that is $105,571 
(2021 dollars) less and an annual reduction in economic profits that is 
$1,056 less. However, because the trip limit would be modified in 
conjunction with the revised commercial ACL (Table 2) and NMFS expects 
the commercial sector to fully harvest the revised ACL even with the 
reduced commercial trip limit, at least in the beginning years of the 
rebuilding plan, these economic effects would initially be subsumed 
under those described for the proposed commercial ACLs and allocations. 
In later years, a higher trip limit may lead to better utilization of 
the ACL and greater economic efficiency, thereby increasing the 
economic benefits associated with the increasing commercial ACLs. 
However, landings rates for later years are more uncertain and these 
effects cannot be quantified with existing data. This alternative was 
not selected by the Council because it would not constrain harvest to 
ensure the longest commercial season possible under the proposed 
reduced catch levels.
    The fourth alternative to the proposed commercial trip limit action 
would set the commercial trip limit at 500 lb (227 kg). Under the 
status quo commercial ACL, this would be expected to reduce commercial 
gag landings by 8 percent or 18,533 lb (8,406 kg) per year. Relative to 
the proposed commercial trip limit, this alternative would result in an 
estimated annual reduction in ex-vessel revenue that is $180,978 less 
and an annual reduction in economic profits that is $1,810 less. 
However, because the trip limit would be modified in conjunction with 
the revised commercial ACL (Table 2) and because NMFS expects the 
commercial sector to fully harvest the revised ACL even with the 
reduced commercial trip limit, at least in the beginning years of the 
rebuilding plan, these economic effects would initially be subsumed 
under those described for the proposed commercial ACLs and allocations. 
In later years, the higher trip limit may lead to better utilization of 
the ACL and greater economic efficiency, thereby increasing the 
economic benefits associated with the increasing commercial ACLs. 
However, landings rates for later years are more uncertain and these 
effects cannot be quantified with existing data. This alternative was 
not selected by the Council because it would not constrain harvest to 
ensure the longest commercial season possible under the proposed 
reduced catch levels.
    The fifth and final alternative to the proposed commercial trip 
limit action would reduce the gag commercial trip limit to 300 lb (136 
kg) in 2023 then increase the commercial trip limit to 500 lb (227 kg) 
in 2026 and to 1,000 lb (454 kg) in 2027 and subsequent years. In 2023 
through 2025, the commercial trip limit under this alternative would be 
the same as the proposed commercial trip limit and therefore would have 
equivalent economic effects during those years. In 2026, the trip limit 
would be set 200 lb (91 kg) greater than the proposed trip limit and in 
2027, and subsequent years it would be 700 lb (318 kg) greater than the 
proposed trip limit. These incremental increases may allow for greater 
utilization of the proposed commercial ACLs and greater economic 
efficiency, leading to potential increases in economic profits; 
however, the economic effects cannot be quantified with available data 
given uncertainty in future commercial landings rates. This alternative 
was not selected by the Council because it would increase the trip 
limit in the years specified, regardless of rebuilding success and 
could have negative long-term effects for the fishery. The Council 
decided that if it was appropriate to increase the commercial trip 
limit for gag in the future, this could be done through a framework 
action to the FMP after data on rebuilding are provided.
    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

    Accountability measures, Annual catch limits, Black grouper, 
Commercial, Fisheries, Fishing, Gag, Recreational, South Atlantic.

    Dated: July 6, 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.  622.187, revise paragraph (b)(2)(i) to read as follows:


Sec.  622.187  Bag and possession limits.

* * * * *
    (b) * * *
    (2) * * *
    (i) No more than one fish may be gag or black grouper, combined. 
However, no gag or black grouper may be retained by the captain or crew 
of a vessel operating as a charter vessel or headboat. The bag limit 
for such captain and crew is zero;
    (A) In addition to the bag limits specified in paragraph (b)(2)(i) 
of this section, for gag, the vessel limit for a vessel operating as a 
private recreational vessel may not exceed 2 fish per vessel per day.
    (B) In addition to the bag limits specified in paragraph (b)(2)(i) 
of this section, for gag, the vessel limit for a vessel operating as a 
charter vessel or headboat may not exceed 2 fish per vessel per trip.
    (C) In addition to the bag limits specified in paragraph (b)(2)(i) 
of this section, for black grouper, the vessel limit for a vessel 
operating as a private recreational vessel may not exceed 2 fish per 
vessel per day.
    (D) In addition to the bag limits specified in paragraph (b)(2)(i) 
of this section, for black grouper, the vessel limit for a vessel 
operating as a charter vessel or headboat may not exceed 2 fish per 
vessel per trip.
* * * * *
0
3. In Sec.  622.190, revise (a) introductory text and paragraph (a)(7) 
to read as follows:


Sec.  622.190  Quotas.

* * * * *

[[Page 44774]]

    (a) South Atlantic snapper-grouper, excluding wreckfish. The quotas 
apply to persons who are not subject to the bag limits. (See Sec.  
622.11 for applicability of the bag limits.) The quotas are in gutted 
weight, that is eviscerated but otherwise whole, except for the quotas 
in paragraphs (a)(4) through (6) of this section which are in both 
gutted weight and round weight.
* * * * *
    (7) Gag.
    (i) For the 2023 fishing year--85,326 lb (38,703 kg).
    (ii) For the 2024 fishing year--128,096 lb (58,103 kg).
    (iii) For the 2025 fishing year--171,687 lb (77,876 kg).
    (iv) For the 2026 fishing year--215,051 lb (97,545 kg).
    (v) For the 2027 fishing year--259,823 lb (117,854 kg).
    (vi) For the 2028 fishing year--306,400 lb (138,981 kg).
    (vii) For the 2029 fishing year--353,220 lb (160,218 kg).
    (viii) For the 2030 fishing year--397,555 lb (180,328 kg).
    (ix) For the 2031 fishing year--437,390 lb (198,397 kg).
    (x) For the 2032 and subsequent fishing years--471,966 lb (214,080 
kg).
* * * * *
0
4. In Sec.  622.191, revise paragraph (a)(7) to read as follows:


Sec.  622.191  Commercial trip limits.

* * * * *
    (a) * * *
    (7) Gag. Until the applicable commercial quota specified Sec.  
622.190(a)(7) is reached--300 lb (136 kg), gutted weight. See Sec.  
622.190(c)(1) for the limitations regarding gag after the commercial 
quota is reached.
* * * * *
0
5. In Sec.  622.193, revise paragraph (c) to read as follows:


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

* * * * *
    (c) Gag--
    (1) Commercial sector.
    (i) If commercial landings for gag, as estimated by the SRD, reach 
or are projected to reach the commercial ACL (commercial quota) 
specified in Sec.  622.190(a)(7), the AA will file a notification with 
the Office of the Federal Register to close the commercial sector for 
gag for the remainder of the fishing year. Applicable restrictions 
after a commercial quota closure are specified in Sec.  622.190(c).
    (ii) If the commercial landings for gag, as estimated by the SRD, 
exceed the commercial ACL specified in Sec.  622.190(a)(7), and the 
combined commercial and recreational ACL specified in paragraph (c)(3) 
of this section, is exceeded during the same fishing year, and gag 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) If recreational landings for gag, as 
estimated by the SRD, reach or are projected to reach the recreational 
ACL, the AA will file a notification with the Office of the Federal 
Register to close the recreational sector for the remainder of the 
fishing year regardless if the stock is overfished, unless NMFS 
determines that no closure is necessary based on the best scientific 
information available. On and after the effective date of such 
notification, the bag and possession limits for gag in or from the 
South Atlantic EEZ are zero. The recreational ACL for gag is 90,306 lb 
(40,962 kg), gutted weight, for 2023; 133,075 lb (60,362 kg), gutted 
weight, for 2024; 176,665 lb (80,134 kg), gutted weight, for 2025; 
220,030 lb (99,804 kg), gutted weight, for 2026; 264,802 lb (120,112 
kg), gutted weight, for 2027; 311,378 lb (141,239 kg), gutted weight, 
for 2028; 358,199 lb (162,476 kg), gutted weight, for 2029; 402,533 lb 
(182,586 kg), gutted weight, for 2030; 442,368 lb (200,655 kg), gutted 
weight, for 2031; 476,945 lb (216,339 kg), gutted weight, for 2032 and 
subsequent years.
    (ii) If recreational landings, as estimated by the SRD, exceed the 
recreational ACL specified in paragraph (c)(2)(i) of this section, then 
during the following fishing year, the AA will file a notification with 
the Office of the Federal Register to reduce the length of the 
recreational fishing season by the amount necessary to prevent the 
recreational ACL from being exceeded. 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 
is closed as a result of NMFS reducing the length of the recreational 
fishing season, the bag and possession limits for gag in or from the 
South Atlantic EEZ are zero.
    (3) Combined commercial and recreational ACL. The combined 
commercial and recreational ACL for gag is 175,632 lb (79,665 kg), 
gutted weight, for 2023; 261,171 lb (118,465 kg), gutted weight, for 
2024; 348,352 lb (158,010 kg), gutted weight, for 2025; 435,081 lb 
(192,349 kg), gutted weight, for 2026; 524,625 lb (237,965 kg), gutted 
weight, for 2027; 617,778 lb (280,219 kg), gutted weight, for 2028; 
711,419 lb (322,694 kg), gutted weight, for 2029; 800,088 lb (362,914 
kg), gutted weight, for 2030; 879,758 lb (399,052 kg), gutted weight, 
for 2031; 948,911 lb (430,419 kg), gutted weight, for 2032 and 
subsequent years.
* * * * *
[FR Doc. 2023-14620 Filed 7-12-23; 8:45 am]
BILLING CODE 3510-22-P