[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Proposed Rules]
[Pages 57916-57922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18247]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 230821-0200]
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.

[[Page 57917]]


ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes regulations to implement Amendment 52 to the 
Fishery Management Plan for the Snapper-Grouper Fishery of the South 
Atlantic (FMP), as submitted by the South Atlantic Fishery Management 
Council (the Council). For golden tilefish, this proposed rule would 
revise the annual catch limits (ACLs), commercial longline component 
fishing season, and recreational accountability measures (AMs). For 
blueline tilefish, this proposed rule would reduce the recreational bag 
limit, modify the possession limits, and revise the recreational AMs. 
In addition, Amendment 52 would update the acceptable biological catch 
(ABC), overfishing limit (OFL), and annual optimum yield (OY). The 
purpose of this proposed rule and Amendment 52 is to respond to the 
most recent stock assessment for golden tilefish, and to prevent 
recreational landings from exceeding the recreational annual catch 
limits (ACLs) for golden tilefish and blueline tilefish.

DATES: Written comments must be received on or before September 25, 
2023.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2023-0082,'' 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-2023-0082'', 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 South Atlantic snapper-grouper fishery, 
which includes golden tilefish and blueline tilefish, is managed under 
the FMP. The FMP was developed 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 the regional 
fishery management councils prevent overfishing and achieve, on a 
continuing basis, the optimum yield (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.
    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 of the trip limit 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, assigning 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 were undergoing overfishing (SEDAR 25 Update 2016). 
Following two interim rules that immediately aimed to reduce the 
overfishing (83 FR 65, January 2, 2018; 83 FR 28387, June 19, 2018), 
Regulatory Amendment 28 to the FMP implemented long-term measures 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 and in this 
proposed rule are based on their SSC's recommended ABC and the results 
of SEDAR 66. The Council received the

[[Page 57918]]

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, this proposed rule would change the starting date of the fishing 
season for the commercial longline component from January 1st to 
January 15th.
    As for blueline tilefish, revising certain management measures 
would help keep the recreational sector within its ACL because the 
recreational landings for blueline tilefish managed under the FMP 
exceeded the recreational ACL every year from 2015-2020. The most 
recent stock assessments for blueline tilefish were completed in 2017 
and did not indicate that the stock was undergoing overfishing or was 
being overfished.
    NMFS has preliminarily determined that the actions in Amendment 52 
and this proposed rule 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.

Management Measures Contained in This Proposed Rule

    For golden tilefish, this proposed rule would revise the sector 
ACLs, commercial component quotas, commercial longline component 
fishing season, and recreational AMs. For blueline tilefish, this 
proposed rule would revise the recreational bag and possession limits 
and recreational AMs.

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 the ABC, ACL, and annual OY would be set 
equal to each of these values.
    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). The Council 
established those allocations based on balancing long-term catch 
history with more recent catch history and believed that approach to be 
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 achieved 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. The limited recreational effort for, and harvest of, golden 
tilefish, were considered in determining that allocating 3.30 percent 
of the revised total ACL for golden tilefish to the recreational sector 
is a fair and equitable allocation that is reasonably calculated to 
promote conservation and 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 would encourage 
a rational and well-managed use of the golden tilefish resource, which 
optimizes social and economic benefits.
    This proposed rule would revise the commercial ACLs (commercial 
sector hook-and-line and longline components combined) to 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.
    This proposed rule would revise the recreational ACLs (in numbers 
of fish) to 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 discussed above, 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. However, this proposed 
rule would revise the hook-and-line and longline component ACLs 
(quotas) 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 fishing 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

    This proposed rule 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 part of January and 
would 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. This proposed rule 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 fishing 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

[[Page 57919]]

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, this proposed rule would prohibit the 
retention of blueline tilefish by the captain and crew in Amendment 52. 
A bag limit of two blueline tilefish per person per day and prohibiting 
retention of the bag limit by captain and crew would result in an 
overall 12.2 percent reduction in harvest for the recreational sector. 
The measures to reduce the blueline tilefish bag limit from three to 
two fish per person per day and prohibit the retention of the bag limit 
by for-hire captain and crew would, in combination, be expected to keep 
the recreational landings of blueline tilefish within the recreational 
ACL.

Golden Tilefish and Blueline Tilefish Recreational AMs

    This proposed rule 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 in-season 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.
    This proposed rule would revise the recreational AMs for both 
golden tilefish and blueline tilefish to remove the current in-season 
closure if the recreational ACL is reached or is 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 in-
season 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 in-season 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 for 
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 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 is 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. For blueline tilefish, Amendment 52 would both modify the 
recreational AM and reduce the recreational retention limit to further 
ensure recreational landings would not exceed the ACL. Amendment 52 and 
this proposed rule would not adjust commercial AMs for either species.

Management Measures in Amendment 52 Not Codified by This Proposed Rule

    In addition to the measures within this proposed rule, Amendment 52 
would revise the OFL and update other biological reference points and 
revise the ABC, OY, and sector allocations for golden tilefish.

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 ABC levels as determined by SEDAR 66. 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 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 measure fishing activity more accurately and 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 a more robust method when compared to the 
MRIP CHTS method. The new ABC 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).

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 52, 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.
    The Magnuson-Stevens Act provides the legal basis for this proposed 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. The objective of this proposed rule is to base 
conservation and management measures for golden and blueline tilefish 
on the best scientific information available and achieve OY, consistent 
with the Magnuson-Stevens Act and its National Standards.
    The Chief Counsel for Regulation of the Department of Commerce has

[[Page 57920]]

certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, will not have a 
significant economic impact on a substantial number of small entities. 
A description of the factual basis for this determination follows. All 
monetary estimates in the following analysis are in 2020 dollars.
    This proposed rule would revise the ABC, annual OY, and total ACL 
for South Atlantic golden tilefish. The current ABC, annual OY, and 
total ACL are 342,000 lb (155,129 kg). The recreational component of 
the current total ACL is based on MRIP CHTS data. This proposed rule 
would change these values to 435,000 lb (197,313 kg) in 2023, 448,000 
lb (203,209 kg) in 2024, 458,000 lb (207,745 kg) in 2025, and 466,000 
lb (211,374 kg) in 2026 and subsequent fishing years. The recreational 
component of the proposed total ACL is based on MRIP FES data. This 
proposed rule would also revise the commercial and recreational 
allocations of the total ACL for South Atlantic golden tilefish from 97 
percent commercial and 3 percent recreational to 96.70 percent 
commercial and 3.30 percent recreational. In addition, this proposed 
rule would change the start date of the fishing season for the longline 
component of the commercial sector from January 1 to January 15. Each 
of these actions would regulate, and are expected to directly affect, 
commercial fishing businesses that commercially harvest South Atlantic 
golden tilefish. The average number of commercial fishing vessels that 
harvested South Atlantic golden tilefish between 2016 and 2020 was 106 
vessels per year. Of those 106 vessels, 20 vessels specifically used 
longline gear to harvest South Atlantic golden tilefish on average per 
year.
    Although the proposed changes to the total ACL and sector 
allocations also regulate for-hire fishing businesses that harvest 
golden tilefish by limiting their aggregate harvest, the analysis 
assumes that changes in the recreational portion of the total ACL would 
only affect catch per trip, not the overall number of target trips 
taken by for-hire fishing businesses, because of the relatively low bag 
limit for golden tilefish and the relatively large number of substitute 
target species for golden tilefish. Because for-hire fishing activity 
is not expected to change, the profits of for-hire businesses are not 
expected to change because of these actions.
    This proposed rule would also modify the recreational AMs for 
golden tilefish and blueline tilefish. AMs do not regulate or directly 
affect for-hire fishing businesses. Thus, those actions are not germane 
under the Regulatory Flexibility Act (RFA). This proposed rule would 
also reduce the bag limit for blueline tilefish from 3 fish to 2 fish 
per angler per day and prohibit captain and crew on for-hire fishing 
trips from retaining the recreational bag limit. Recreational bag 
limits regulate the harvesting behavior of recreational anglers, 
including for-hire captain and crew, not the behavior of for-hire 
fishing businesses. Recreational anglers are not considered entities 
under the RFA, and thus the effects of those actions are also not 
germane to this analysis.
    For RFA purposes, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (50 CFR 200.2). A business primarily 
involved in the commercial fishing industry is classified as a small 
business if it is independently owned and operated, is not dominant in 
its field of operation (including its affiliates), and its combined 
annual receipts (revenue) do not exceed $11 million for all its 
affiliated operations worldwide. NMFS does not possess ownership data 
to determine whether commercial fishing vessels harvesting South 
Atlantic golden tilefish may be affiliated. Thus, each vessel is 
assumed to represent a single commercial fishing business. From 2016 
through 2020, the maximum annual gross revenue earned by a single 
commercial fishing vessel that harvested South Atlantic golden tilefish 
was about $581,344. Based on this information, all commercial fishing 
businesses regulated by this proposed rule are determined to be small 
entities for the purpose of this analysis.
    This proposed rule, if implemented, is expected to regulate all 106 
commercial fishing vessels that commercially harvest South Atlantic 
golden tilefish. These vessels represent about 17 percent of all 
commercial fishing vessels with South Atlantic snapper grouper permits. 
Therefore, this proposed rule is expected to affect a substantial 
number of small entities.
    The proposed action to revise the ABC, annual OY, and total ACL for 
South Atlantic golden tilefish from 342,000 lb (155,129 kg) based on 
MRIP CHTS data, to 435,000 lb (197,313 kg) in 2023, 448,000 lb (203,209 
kg) in 2024, 458,000 lb (207,745 kg) in 2025, and 466,000 lb (211,374 
kg) in 2026 and subsequent fishing years based on MRIP FES data is 
expected to benefit commercial fishing vessels that harvest South 
Atlantic golden tilefish. Specifically, commercial landings of South 
Atlantic golden tilefish averaged 335,285 lb (152,083 kg) per year from 
2016 through 2020. The proposed total ACLs would increase the 
commercial ACL from 2023 through 2026 by an average of 105,102 lb 
(47,673 kg) per year. Because the commercial sector typically harvests 
all or almost all its ACL, it is assumed that the proposed commercial 
ACLs would be fully harvested. Given an average ex-vessel price of 
$4.71 per pound, annual gross revenue is expected to increase by 
approximately $495,030 per year on average. Because economic profit is 
approximately 4 percent of annual gross revenue for the affected fleet 
of commercial vessels, economic profit is expected to increase by about 
$19,801, or by approximately $187 per vessel. Average annual economic 
profit for these vessels is approximately $3,309 per vessel. Thus, this 
proposed action is expected to increase these commercial fishing 
vessels' economic profits by about 5.7 percent.
    The proposed action to reduce the commercial allocation of the 
total ACL for South Atlantic golden tilefish from 97 percent to 96.70 
percent is expected to have minor adverse effects on commercial fishing 
vessels. Even though the proposed commercial ACLs for 2023 through 2026 
are higher than the current commercial ACL of 331,740 lb (150,475 kg), 
as well as the average commercial landings from 2016 through 2020, the 
reduction in the commercial allocation of the total ACL would be 
expected to reduce landings from what they would have been if the 
commercial allocation remained at 97 percent. However, the average 
reduction in commercial landings under the proposed commercial 
allocation of 96.70 percent is only 1,355 lb (615 kg) per year on 
average from 2023 through 2026. This reduction in landings would be 
expected to reduce gross revenue by $6,383 per year, and thus economic 
profit by $255 per year. On a per vessel basis, the reductions in gross 
revenue and economic profit are only $60.00 and $2.40 per year. Thus, 
economic profit per commercial fishing vessel is expected to be reduced 
by less than 0.01 percent on average per year as a result of reducing 
the commercial allocation of the total ACL. These minor adverse effects 
are significantly outweighed by the positive effects of the proposed 
action to change the total ACL.
    The proposed action to change the starting date of the fishing 
season for the longline component of the commercial sector from January 
1 to January 15 is expected to benefit vessels that harvest South 
Atlantic golden tilefish using longline gear. Starting the longline 
season at a later date is expected to shift some of the longline 
landings of South

[[Page 57921]]

Atlantic golden tilefish from January to March and April. From 2016 
through 2020, the average ex-vessel price of South Atlantic golden 
tilefish in January was only $4.53 per pound. However, the average ex-
vessel price was $4.86 per pound in March and $5.10 per pound in April. 
By shifting a higher proportion of the landings into March and April, 
gross revenue from commercial golden tilefish landings by longline 
vessels is expected to increase by approximately $27,475 per year on 
average. Economic profit is therefore expected to increase by about 
$1,100 per year on average. From 2016 through 2020, average gross 
revenue was approximately $106,479 per year while average economic 
profit per year was about $4,259 per commercial longline vessel. Given 
that 20 vessels harvested South Atlantic golden tilefish per year on 
average during this time, gross revenue and economic profit per vessel 
are expected to increase by $1,374 and $55, respectively. Thus, the 
proposed change in the starting date for the longline season from 
January 1 to January 15 is expected to increase annual economic profit 
by about 1.3 percent on average per vessel.
    Based on the information above, although a substantial number of 
small entities would be affected by this proposed rule, this proposed 
rule would not have a significant economic impact on those entities. 
Because this proposed rule, if implemented, would not have a 
significant economic impact on a substantial number of small entities, 
an initial regulatory flexibility analysis is not required and none has 
been prepared.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 622

    Blueline tilefish, Commercial, Fisheries, Fishing, Golden tilefish, 
Recreational, South Atlantic.

    Dated: August 21, 2023.
Samuel D. Rauch, III
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

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

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

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

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

0
2. In Sec.  622.183, add paragraph (b)(10) to read as follows:


Sec.  622.183   Area and seasonal closures.

* * * * *
    (b) * * *
    (10) Golden tilefish commercial longline component. The golden 
tilefish commercial longline component in or from the South Atlantic 
EEZ is closed from January 1 through January 14, each year. During a 
closure, no vessel with a valid or renewable golden tilefish longline 
endorsement as described at 50 CFR 622.191(a)(2)(ii), and no person, 
may fish for, harvest or possess golden tilefish from the South 
Atlantic EEZ with longline gear on board.
0
3. In Sec.  622.187, add paragraph (b)(2)(iv) to read as follows:


Sec.  622.187   Bag and possession limits.

* * * * *
    (b) * * *
    (2) * * *
    (iv) No more than two fish may be blueline tilefish. However, no 
blueline tilefish 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.
* * * * *
0
4. In Sec.  622.190, revise paragraph (a)(2) to read as follows:


Sec.  622.190   Quotas.

* * * * *
    (a) * * *
    (2) Golden tilefish. (i) Commercial sector (hook-and-line and 
longline components combined).
    (A) For the 2023 fishing year--420,645 lb (190,801 kg).
    (B) For the 2024 fishing year--433,216 lb (196,503 kg).
    (C) For the 2025 fishing year--442,886 lb (200,890 kg).
    (D) For the 2026 and subsequent fishing years--450,622 lb (204,399 
kg).
    (ii) Hook-and-line component.
    (A) For the 2023 fishing year--105,161 lb (47,700 kg).
    (B) For the 2024 fishing year--108,304 lb (49,126 kg).
    (C) For the 2025 fishing year--110,722 lb (50,223 kg).
    (D) For the 2026 and subsequent fishing years--112,656 lb (51,100 
kg).
    (iii) Longline component.
    (A) For the 2023 fishing year--315,484 lb (143,101 kg).
    (B) For the 2024 fishing year--324,912 lb (147,378 kg).
    (C) For the 2025 fishing year--332,165 lb (150,668 kg).
    (D) For the 2026 and subsequent fishing years--337,967 lb (153,299 
kg).
* * * * *
0
5. Amend Sec.  622.193 by:
0
a. Revising paragraphs (a)(1)(iii), (a)(2);
0
b. Adding new paragraph (a)(3); and
0
c. Revising paragraph (z)(2).
    The revisions and addition read as follows:


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

    (a) * * *
    (1) * * *
    (iii) If all commercial landings of golden tilefish, as estimated 
by the SRD, exceed the commercial ACL (including both the hook-and-line 
and longline component quotas) specified in Sec.  622.190(a)(2)(i), and 
the combined commercial and recreational ACL specified in paragraph 
(a)(3) of this section is exceeded during the same fishing year, and 
golden tilefish 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. The recreational ACL for golden tilefish 
is 2,559 fish for the 2023 fishing year; 2,635 fish for the 2024 
fishing year; 2,694 for the 2025 fishing year; 2,741 fish for the 2026 
and subsequent fishing years. NMFS will project the length of the 
recreational fishing season based on catch rates from the previous 
fishing year and when NMFS projects the recreational ACL specified in 
this paragraph (a)(2) is expected to be met, and annually announce the 
recreational fishing season end date in the Federal Register. On and 
after the effective date of the recreational closure notification, the 
bag and possession limit for golden tilefish in or from the South 
Atlantic EEZ is zero.
    (3) Combined commercial and recreational ACL. The combined 
commercial and recreational ACL is 435,000 lb (197,313 kg), gutted 
weight, for the 2023 fishing year; 448,000 lb (203,209 kg), gutted 
weight, for the 2024 fishing year; 458,000 lb (207,745 kg), gutted 
weight, for the 2025 fishing year; and 466,000 lb (211,374 kg), gutted 
weight, for the 2026 and subsequent fishing years.
* * * * *
    (z) * * *
    (2) Recreational sector. The recreational ACL for blueline tilefish 
is 116,820 lb (52,989 kg), round weight. NMFS will project the length 
of the recreational fishing season based on catch rates from the 
previous fishing year and when NMFS projects the

[[Page 57922]]

recreational ACL specified in this paragraph (z)(2) is expected to be 
met, and annually announce the recreational fishing season end date in 
the Federal Register. On and after the effective date of the 
recreational closure notification, the bag and possession limit for 
blueline tilefish in or from the South Atlantic EEZ is zero.
* * * * *
[FR Doc. 2023-18247 Filed 8-23-23; 8:45 am]
BILLING CODE 3510-22-P