[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Proposed Rules]
[Pages 51255-51258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16488]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BM12


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic; Amendment 52

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 52 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic (FMP) for review, approval, and 
implementation by NMFS. If approved by the Secretary of Commerce, 
Amendment 52 to the FMP would revise the acceptable biological catch 
(ABC), overfishing limit (OFL), annual catch limits (ACLs), annual 
optimum yield (OY), sector allocations, commercial longline component 
fishing season, and recreational accountability measures (AMs) for 
golden tilefish. For blueline tilefish, Amendment 52 would reduce the 
recreational bag limit, modify the possession limits, and revise the 
recreational AMs. The purpose of Amendment 52 is to respond to the most 
recent stock assessment for golden tilefish and to prevent recreational 
landings from exceeding the recreational ACLs for golden tilefish and 
blueline tilefish.

DATES: Written comments must be received on or before October 2, 2023.

ADDRESSES: You may submit comments on Amendment 52, identified by 
``NOAA-NMFS-2023-0082,'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the

[[Page 51256]]

Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter ``NOAA-NMFS-2023-0082'', in the Search box. Click the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Karla Gore, 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 52, 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-52-changes-catch-levels-allocations-accountability-measures-and-management.

FOR FURTHER INFORMATION CONTACT: Karla Gore, 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 
amendment to the Secretary of Commerce (the Secretary) for review and 
approval, partial approval, or disapproval. The Magnuson-Stevens Act 
also requires that NMFS, upon receiving a fishery management plan or 
amendment, publish an announcement in the Federal Register notifying 
the public that the fishery management plan or amendment is available 
for review and comment.
    The Council developed the FMP that is being revised by Amendment 
52. If approved, Amendment 52 would be implemented by NMFS through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Act.

Background

    The Council and NMFS manage the snapper-grouper fishery, including 
golden tilefish and blueline tilefish, in Federal waters from North 
Carolina south to the Florida Keys in the South Atlantic under the FMP. 
The Magnuson-Stevens Act requires NMFS and regional fishery management 
councils to prevent overfishing and achieve, on a continuing basis, the 
OY from federally managed fish stocks. These mandates are intended to 
ensure that fishery resources are managed for the greatest overall 
benefit to the Nation, particularly with respect to providing food 
production and recreational opportunities, and protecting marine 
ecosystems.
    All weights described in this document are in gutted weight, unless 
otherwise specified.
    The South Atlantic stock of golden tilefish was first assessed 
through the Southeast Data, Assessment, and Review (SEDAR) process in 
2004 (SEDAR 4). In response to the assessment, the Council submitted 
management measures in Amendment 13C to the FMP. The final rule to 
implement Amendment 13C specified a commercial quota for golden 
tilefish of 295,000 lb (133,810 kg); a commercial trip limit for golden 
tilefish of 4,000 lb (1,814 kg), and if 75 percent of the quota is 
landed on or before September 1, then a reduction to 300 lb (136 kg); 
and a recreational bag limit of one golden tilefish per person per day 
included within the five-grouper aggregate bag limit (71 FR 55096, 
September 21, 2006). The Council submitted sector allocations for 
golden tilefish in Amendment 17B to the FMP, allocating 97 percent of 
the ACL to the commercial sector and 3 percent of the ACL to the 
recreational sector. In addition, for golden tilefish, Amendment 17B 
contained management measures that established: a total ACL of 291,566 
lb (132,252 kg), a commercial ACL of 282,819 lb (128,285 kg), and a 
recreational ACL of 1,578 fish; commercial and recreational AMs; and a 
longline endorsement for the commercial component of golden tilefish 
(75 FR 82280, December 30, 2010).
    In 2011, a new stock assessment was completed for golden tilefish 
(SEDAR 25 2011) and the Council submitted Regulatory Amendment 12 to 
the FMP in response to the assessment. In Regulatory Amendment 12, the 
total ACL was set at 558,036 lb (253,121 kg), the existing allocations 
were applied to revise the sector ACLs to 541,295 lb (245,527 kg) for 
the commercial sector and 3,019 fish for the recreational sector, and 
the recreational annual catch target and sector AMs were revised (77 FR 
61295, October 9, 2012). In Amendment 18B to the FMP, the golden 
tilefish commercial ACL was divided between two commercial fishing gear 
components, giving 75 percent of the ACL to the longline component with 
a 4,000 lb (1,814 kg) trip limit and 25 percent of the ACL to the hook-
and-line component with a 500 lb (227 kg) trip limit (78 FR 23858, 
April 23, 2013).
    In 2016, an update to the SEDAR 25 stock assessment indicated that 
golden tilefish was undergoing overfishing (SEDAR 25 Update 2016). 
Following two interim rules that immediately reduced the overfishing 
(83 FR 65, January 2, 2018; 83 FR 28387, June 19, 2018), the Council 
submitted longer-term measures in Regulatory Amendment 28 to the FMP 
that reduced the golden tilefish ACLs. The existing allocations were 
applied to revise the sector ACLs to 331,740 lb (150,475 kg) for the 
commercial sector (further divided with 75 percent to the longline 
component and 25 percent to the hook-and-line component) and 2,316 fish 
for the recreational sector (83 FR 62508, December 4, 2018).
    The Council submitted Amendment 52 to the FMP in response to a new 
stock assessment for golden tilefish. The new assessment, SEDAR 66, was 
completed in 2020 and it indicated that the stock was not undergoing 
overfishing and was not overfished. SEDAR 66 includes recreational 
landings estimates using the Marine Recreational Information Program 
(MRIP) Fishing Effort Survey (FES), as discussed below. The revised 
catch levels recommended by the Council in Amendment 52 are based on 
their Scientific and Statistical Committee's (SSC) recommended ABC and 
the results of SEDAR 66. The Council received the results of the 
assessment and the SSC's recommendations for the OFL and ABC at the 
June 2021 Council meeting.
    In response to golden tilefish longline vessel fishermen's concerns 
about avoiding oversupplying the market in the first part of January 
and allowing commercial longline vessels to remain fishing for golden 
tilefish during the Lenten season when prices tend to be relatively 
high, Amendment 52 would change the starting date of the fishing season 
for the commercial longline component from January 1st to January 15th. 
In addition, the rule would revise the recreational AM to help keep the 
recreational sector within its ACL.
    As for blueline tilefish, revising some management measures would 
help keep the recreational sector within its ACL. The most recent stock 
assessments for blueline tilefish were completed in 2017 and did not 
indicate that the stock was undergoing overfishing or overfished. 
However, because the recreational

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landings for blueline tilefish managed under the FMP exceeded the 
recreational ACL every year from 2015-2020, the Council decided to 
revise certain recreational management measures to help keep the 
recreational sector within its ACL.
    NMFS has preliminarily determined that the actions in Amendment 52 
are based on the best scientific information available, and are 
intended to achieve OY while minimizing, to the extent practicable, 
adverse social and economic effects, pending further review following 
public comment.

Actions Contained in Amendment 52

    Amendment 52 would modify management of South Atlantic golden 
tilefish and blueline tilefish. For golden tilefish, Amendment 52 would 
revise the ABC, OFL, ACLs, annual OY, sector allocations, the 
commercial longline component fishing season, and recreational AMs. For 
blueline tilefish, Amendment 52 would reduce the recreational bag 
limit, modify the possession limits, and revise the recreational AMs.

Golden Tilefish ABC and Annual OY

    The current OFL and ABC are inclusive of MRIP Coastal Household 
Telephone Survey (CHTS) estimates of private recreational and charter 
landings. The Council's SSC reviewed the latest stock assessment (SEDAR 
66) and recommended new OFL and ABC levels as determined by SEDAR 66. 
The assessment and associated SSC 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 52, 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 MRIP CHTS method. 
The new ABC and OFL recommendations within Amendment 52 also represent 
the best scientific information available as determined by the SSC.
    The OY for golden tilefish would be specified on an annual basis 
and would be set 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).

Golden Tilefish Total ACL

    As implemented through Regulatory Amendment 28 to the FMP, the 
current total ACL and annual OY for golden tilefish are equal to the 
current ABC of 342,000 lb (155,129 kg)(83 FR 62508, December 4, 2018). 
In Amendment 52, the ABC would be revised based on SEDAR 66 and the 
recommendation of the SSC, and set the ABC, ACL, and annual OY equal to 
each other.
    Amendment 52 would revise the total ACL and annual OY equal to the 
recommended ABC of 435,000 lb (197,313 kg) for 2023; 448,000 lb 
(203,209 kg) for 2024; 458,000 lb (207,745 kg) for 2025; 466,000 lb 
(211,374 kg) for 2026 and subsequent fishing years.

Golden Tilefish Sector Allocations and ACLs

    Amendment 52 would revise the sector allocations and sector ACLs 
for golden tilefish. The current sector ACLs for golden tilefish are 
based on the commercial and recreational allocations of the total ACL 
at 97 percent and 3 percent, respectively. The current allocations are 
based on the allocation formula (ACL = ((mean landings 2006-2008)*0.5)) 
+ ((mean landings 1986-2008)*0.5)) adopted by the Council in the 
Comprehensive ACL Amendment to the FMP, which considered past and 
present participation (77 FR 15915, March 16, 2012). Those allocations 
were established based on balancing long-term catch history with more 
recent catch history to achieve a fair and equitable method to allocate 
fishery resources.
    The revised golden tilefish sector allocations in Amendment 52 
would result in commercial and recreational allocations of 96.70 
percent and 3.30 percent, respectively. The revised sector allocations 
were determined by applying the allocation formula (described above) to 
the recreational MRIP FES estimates used in SEDAR 66. Utilizing these 
revised recreational estimates would result in a slight shift of 
allocation to the recreational sector, with the percentages of annual 
catch increasing from the current 3 percent to the proposed 3.30 
percent. In proposing this change, the Council considered the limited 
recreational effort for, and harvest of, golden tilefish, and found 
that allocating 3.30 percent of the revised total ACL for golden 
tilefish to the recreational sector would be a fair and equitable 
allocation that is reasonably calculated to promote conservation, and 
that does not give any entity an excessive share of harvest privileges 
based on the historical and current harvest of golden tilefish. In 
addition, this allocation division encourages a rational and well-
managed use of the golden tilefish resource that also optimizes the 
social and economic benefits.
    The commercial ACLs (commercial sector hook-and-line and longline 
components combined) would be 420,645 lb (190,801 kg) for 2023; 433,216 
lb (196,503 kg) for 2024; 442,886 lb (200,890 kg) for 2025; and 450,622 
lb (204,399 kg) for the 2026 and subsequent fishing years.
    The recreational ACLs (in numbers of fish) would be 2,559 for the 
2023 fishing year; 2,635 for the 2024 fishing year; 2,694 for the 2025 
fishing year; 2,741 for the 2026 and subsequent fishing years.

Golden Tilefish Commercial Component Allocations

    As established in Amendment 18B to the FMP, the commercial ACL is 
allocated between two gear components: 25 percent is allocated to the 
hook-and-line component and 75 percent to the longline component (77 FR 
23858, April 23, 2013). The allocation percentages between the hook-
and-line and longline components were not modified in Amendment 52, but 
the hook-and-line and longline component ACLs (quotas) would be revised 
based on the revised commercial ACL. The commercial hook-and-line ACL 
would be 105,161 lb (47,700 kg) for 2023; 108,304 lb (49,126 kg) for 
2024; 110,722 lb (50,223 kg) for 2025; and 112,656 lb (51,100 kg) for 
2026 and subsequent years.
    The ACLs for the longline component would be 315,484 lb (143,101 
kg)for 2023; 324,912 lb (147,378 kg) for 2024; 332,165 lb (150,668 kg) 
for 2025; and 337,967 lb (153,299 kg) for the 2026 and subsequent 
fishing years.

Golden Tilefish Commercial Longline Component Fishing Season

    Amendment 52 would change the start date for the fishing season for 
the commercial longline component from January 1st to January 15th. A 
closed season would be established for the commercial longline 
component annually from January 1 through January 14. Starting the 
commercial season on January 15th for the longline component would help 
to avoid oversupplying the market in the first

[[Page 51258]]

part of January and allow commercial longline vessels to remain fishing 
for golden tilefish during the Lenten season when prices tend to be 
relatively high.

Blueline Tilefish Recreational Bag and Possession Limits

    In August 2016, Regulatory Amendment 25 to the FMP established the 
current recreational bag limit of three fish per person per day (81 FR 
45245, July 13, 2016). As discussed above, recreational landings for 
blueline tilefish have exceeded the recreational ACL every year from 
2015-2020. Amendment 52 would reduce the recreational bag limit for 
blueline tilefish from three to two fish per person per day to help 
prevent recreational landings from exceeding the recreational ACL in 
future years.
    Additionally, the captain and crew of a for-hire vessel with a 
valid Federal South Atlantic Charter/Headboat Snapper-Grouper Permit 
are currently allowed to retain bag limit quantities of all snapper-
grouper species during the open recreational season. In addition to 
reducing the recreational bag and possession limits to two fish per 
person per day, Amendment 52 would prohibit the retention of blueline 
tilefish by the captain and crew. A bag limit of two blueline tilefish 
per person per day and prohibiting the retention of the bag limit by 
captain and crew would result in an overall 12.2 percent reduction in 
harvest for the recreational sector. Reducing the blueline tilefish bag 
limit from three to two fish per person per day and prohibiting 
retention of the bag limit by for-hire captain and crew would, in 
combination, be expected to help keep the recreational landings of 
blueline tilefish within the recreational ACL.

Golden Tilefish and Blueline Tilefish Recreational AMs

    Amendment 52 would also revise the recreational AMs for golden 
tilefish and blueline tilefish. The current recreational AMs for golden 
tilefish were established through the final rule for Amendment 34 to 
the FMP (81 FR 3731, January 22, 2016). The current recreational AMs 
for blueline tilefish were established through the final rule for 
Amendment 32 to the FMP (80 FR 16583, March 30, 2015). The current AMs 
for both species include an inseason closure for the remainder of the 
fishing year if recreational landings reach or are projected to reach 
their respective recreational ACL. The current post-season AMs state if 
the recreational ACL is exceeded, then during the following fishing 
year, recreational landings will be monitored for a persistence in 
increased landings and during that following fishing year, if the total 
ACL is exceeded and the species is overfished, the length of the 
recreational fishing season is reduced and the recreational ACL is 
reduced by the amount of the recreational ACL overage.
    Amendment 52 would revise the recreational AMs for both golden 
tilefish and blueline tilefish to remove the current inseason closure 
if the recreational ACL is reached or projected to be reached and the 
post-season AM that is tied to the overfished status of the stock.
    The revised recreational AM would have NMFS projecting the length 
of the recreational season based on catch rates from the previous 
fishing year to determine when the recreational ACL would be expected 
to be met. NMFS would announce the length of the recreational season 
and its ending date annually in the Federal Register.
    The current AMs would be revised because of the time delay of when 
recreational landings information becomes available to use for inseason 
AM actions for species with short fishing seasons or relatively small 
amounts of fish. For blueline tilefish, the current recreational 
fishing season is 4 months long, from May through August, and the 
recreational ACL for golden tilefish is 2,316 fish. In these 
circumstances, the current inseason AMs would not be effective in 
keeping landings from exceeding the recreational ACL. As previously 
discussed, the recreational landings for blueline tilefish exceeded the 
recreational ACL every year from 2015-2020. The golden tilefish 
recreational ACL has also frequently been exceeded, with the 
recreational sector exceeding its ACL every year since 2010, except in 
2014 and 2017.
    The current post-season recreational AMs that would apply 
corrective action for ACL overages were not being triggered because 
they were tied to a determination that the stock was considered to be 
overfished, and neither blueline nor golden tilefish is considered to 
be overfished. Consequently, any overages of the recreational ACL would 
be likely to continue to occur.
    In addition, the Magnuson-Stevens Act Guidelines under National 
Standard 1 advise Councils to reevaluate the system of ACLs and AMs 
when overages of a stock's ACL occur more than once in 4 consecutive 
years. The purpose of the revised AMs are to prevent recreational 
landings from exceeding the respective recreational ACLs for both 
golden tilefish and blueline tilefish. The revised recreational AMs 
would be more effective at restraining landings to the recreational 
ACL. In Amendment 52, for blueline tilefish, the Council considered it 
prudent to both modify the recreational AM and reduce the recreational 
retention limit to further ensure recreational landings would not 
exceed the ACL. Amendment 52 would not adjust commercial AMs for either 
species.

Proposed Rule for Amendment 52

    A proposed rule to implement Amendment 52 has been drafted. In 
accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule for Amendment 52 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 52 for Secretarial review, 
approval, and implementation. Comments on Amendment 53 must be received 
by October 2, 2023. Comments received during the respective comment 
periods, whether specifically directed to Amendment 52 or the proposed 
rule, will be considered by NMFS in the decision to approve, partially 
approve, or disapprove, Amendment 52. 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: July 28, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-16488 Filed 8-2-23; 8:45 am]
BILLING CODE 3510-22-P