[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Rules and Regulations]
[Pages 83860-83869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26351]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 231127-0277]
RIN 0648-BM03


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 51

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

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement Amendment 51 to the 
Fishery Management Plan for the Snapper-Grouper Fishery of the South 
Atlantic Region, as prepared and submitted by the South Atlantic 
Fishery Management Council. For snowy grouper, this final rule revises 
the sector annual catch limits (ACLs), commercial seasonal quotas, 
recreational fishing season, and recreational accountability measures. 
In addition, Amendment 51 revises the overfishing limit for snowy 
grouper, the acceptable biological catch, annual optimum yield (OY), 
and sector allocations of the total ACL. The purpose of this final rule 
and Amendment 51 is to end overfishing of snowy grouper, rebuild the 
stock, and achieve OY while minimizing, to the extent practicable, 
adverse economic impacts on fishing communities.

DATES: This final rule is effective January 2, 2024.

ADDRESSES: An electronic copy of Amendment 51, which includes a fishery 
impact statement and a regulatory impact review, may be obtained from 
the Southeast Regional Office website at https://www.fisheries.noaa.gov/node/151366.

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

SUPPLEMENTARY INFORMATION: The South Atlantic snapper-grouper fishery 
includes snowy grouper and is managed under the Fishery Management Plan 
for the Snapper-Grouper Fishery of the South Atlantic Region (FMP). The 
FMP was prepared by the South Atlantic Fishery Management Council 
(Council) and is implemented by NMFS 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 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.
    On May 22, 2023, NMFS published a notice of availability for 
Amendment 51 and requested public comment (88 FR 32717). On May 30, 
2023, NMFS published a proposed rule for Amendment 51 and requested 
public comment (88 FR 34460). NMFS approved Amendment 51 on August 17, 
2023. The proposed rule and Amendment 51 outline the rationale for the 
actions contained in this final rule. A summary of the management 
measures described in Amendment 51 and implemented by this final rule 
is described below.
    All weights described in this final rule are in gutted weight.
    In 2004, a stock assessment for snowy grouper was completed through 
the Southeast Data, Assessment, and Review (SEDAR) process (SEDAR 4), 
and NMFS determined that the stock was subject to overfishing and was 
overfished. As a result of that stock status, the final rule for 
Amendment 13C to the FMP implemented management measures to end 
overfishing (71 FR 55096, September 21, 2006), and Amendment 15A to the 
FMP established a rebuilding plan for the snowy grouper stock (73 FR 
14942, March 20, 2008). The rebuilding plan year started in 2006 with a 
target time of 34 years to rebuild the snowy grouper stock.
    The snowy grouper stock was assessed again in 2013 through SEDAR 36 
and was determined to not be undergoing overfishing. Although the stock 
was overfished, it was rebuilding. In response to the assessment and a 
subsequent acceptable biological catch (ABC) recommendation by the 
Council's Scientific and Statistical Committee (SSC), management 
actions were implemented through the final rule for Regulatory 
Amendment 20 to the FMP (80 FR 43033, July 21, 2015). Regulatory 
Amendment 20 and its implementing final rule increased the ACL by 
setting it equal to the ABC and OY, increased the commercial trip limit 
to 200 lb (91 kg), and modified the recreational fishing season from 
the calendar year to May through August.
    The most recent SEDAR stock assessment for South Atlantic snowy 
grouper (SEDAR 36 Update) was completed in 2021 and included data 
through 2018. The assessment used revised estimates for recreational 
catch from the Marine Recreational Information Program (MRIP) based on 
the Fishing Effort Survey (FES). In 2018, the MRIP fully transitioned 
its estimation of recreational effort to the mail-based FES. Previous 
estimates of recreational catch for snowy grouper were made using 
MRIP's Coastal Household Telephone Survey (CHTS) phone call-based 
methodology. As explained in Amendment 51, total recreational fishing 
effort estimates generated from the MRIP-FES are different than those 
from the MRIP-CHTS and other earlier survey methods. This difference in 
estimates is because the MRIP-FES is designed to measure fishing 
activity more accurately, not because there was a sudden change in 
fishing effort. The MRIP-FES is considered a more reliable estimate of 
recreational effort by the Council's SSC, the Council, and NMFS, and 
more robust compared to the MRIP-CHTS method. The SSC reviewed the 
SEDAR 36 Update and found that the assessment was conducted using the 
best scientific information available, and was adequate for determining 
stock status and supporting fishing level recommendations. The findings 
of the assessment indicated that the South Atlantic snowy grouper stock 
remains overfished and is undergoing overfishing.
    Following a notification from NMFS to a fishery management council 
that a stock is undergoing overfishing and is overfished, the Magnuson-
Stevens Act requires the fishery management council to develop an FMP 
amendment with actions that immediately end overfishing and rebuild the 
affected stock. In a letter dated June 10, 2021, NMFS notified the 
Council that the snowy grouper stock is overfished and undergoing 
overfishing but continues to rebuild, and the Council subsequently

[[Page 83861]]

developed Amendment 51 in response to the results of SEDAR 36 Update.
    In addition to the proposed revisions to the sector ACLs and 
seasonal commercial quotas, the Council determined that further 
modifications to snowy grouper management measures are needed to help 
constrain recreational harvest to the revised fishing levels in 
Amendment 51. This final rule reduces the length of the recreational 
fishing season and also adjusts the recreational accountability 
measures (AMs) to ensure they are effective at keeping recreational 
landings from exceeding the revised recreational ACL and correct for 
any ACL overages if they occur. The Council decided not to revise the 
current commercial trip limit or AMs, finding that those measures 
sufficiently ensured that the commercial harvest of snowy grouper is 
constrained to its ACL.
    The Council determined that the actions in Amendment 51 would end 
overfishing of South Atlantic snowy grouper, rebuild the stock, and 
achieve OY while minimizing, to the extent practicable, adverse social 
and economic effects.

Management Measures Contained in This Final Rule

    This final rule revises the total ACL and sector ACLs, seasonal 
commercial quotas, recreational fishing season, and the recreational 
AMs for snowy grouper in the South Atlantic exclusive economic zone 
(EEZ).

Total ACLs

    As implemented through the final rule for Regulatory Amendment 20, 
the current total ACL and annual OY for snowy grouper are equal to the 
current ABC of 185,464 lb (84,125 kg). Amendment 51 revised the ABC, 
and set the ABC, ACL, and annual OY equal to each other.
    This final rule revises the total ACL and annual OY equal to the 
recommended ABC of 119,654 lb (54,274 kg) for 2023; 121,272 lb (55,008 
kg) for 2024; 122,889 lb (55,741 kg) for 2025; and 122,889 lb (55,741 
kg), for 2026 and subsequent fishing years.
    Amendment 51 sets the total ACL for snowy grouper for 2023, 2024, 
2025, and in 2026, with the 2026 ACL in place for the subsequent 
fishing years. However, the ACL value for 2025 is identical to the ACL 
value for 2026. While NMFS is listing the ACL value for 2025 and 2026 
in the SUPPLEMENTARY INFORMATION section of this final rule, in the 
regulations section of this final rule NMFS states the total and sector 
ACLs for snowy grouper in 2025 and subsequent fishing years without 
repeating the same ACL value for 2026.

Sector Allocations and ACLs

    Amendment 51 revises the commercial and recreational allocations of 
the total ACL for snowy grouper. The current sector ACLs for snowy 
grouper are based on the commercial and recreational allocations of the 
total ACL at 83 percent and 17 percent, respectively, that were revised 
in Regulatory Amendment 20. These allocations were determined using 
average commercial and recreational landings from 1986 through 2005, 
which included estimates of recreational catch from the MRIP-CHTS 
method.
    In Amendment 51, the Council recommended allocations using the 
average commercial and recreational landings from 1986 through 2005, 
but included the estimates of recreational catch during those years 
using the MRIP-FES method from the SEDAR 36 Update. The Council 
recommended new commercial and recreational allocations of 87.55 
percent and 12.45 percent, respectively, which results in a shift of 
allocation of 4.55 percent from the recreational sector to the 
commercial sector. The Council reasoned that using average landings 
from 1986 through 2005 was more appropriate because it would exclude 
the more recent years that had depth and area closures that may have 
affected the allocation calculations and would achieve the most 
appropriate balance between the needs of both sectors. The Council 
acknowledged that because the snowy grouper portion of the snapper-
grouper fishery operates primarily in deeper water and is therefore 
more difficult to access for recreational fishermen, when compared to 
snapper-grouper species in shallower water and closer to shore, the 
allocations between sectors have historically and consistently been 
much greater for the commercial sector. NMFS considers this allocation 
to be fair and equitable to fishery participants in both the commercial 
and recreational sectors, and would be carried out in such a manner 
that no particular individual, corporation, or other entity would 
acquire an excessive share. NMFS has determined that this allocation is 
also reasonably calculated to promote conservation and is a wise use of 
the resource, since it will remain within the boundaries of a total ACL 
that is based upon an ABC recommendation from the Council's SSC and 
incorporates the best scientific information available. NMFS 
acknowledges that the commercial sector would benefit from additional 
allocation, but considers the economic shifts to be relatively minor.
    The commercial ACLs will be 104,757 lb (47,517 kg) for 2023; 
106,174 lb (48,160 kg) for 2024; 107,589 lb (48,802 kg) for 2025; and 
107,589 lb (48,802 kg) for 2026 and subsequent years.
    The recreational ACLs will be 1,668 fish for 2023; 1,691 fish for 
2024; 1,713 fish for 2025; and 1,713 fish for 2026 and subsequent 
years.
    The commercial quota for snowy grouper is equivalent to the 
commercial ACL. Regulatory Amendment 27 to the FMP established two 
commercial fishing seasons for snowy grouper and divided the commercial 
quota between the seasons (85 FR 4588, January 27, 2020). Season 1 is 
from January through June with 70 percent of the commercial quota, and 
Season 2 is from July through December with 30 percent of the quota. 
Any commercial quota remaining from Season 1 is added to the commercial 
quota in Season 2, but any commercial quota remaining from Season 2 is 
not carried forward into the next fishing year. Amendment 51 and this 
final rule do not alter the current commercial fishing seasons or 
seasonal allocations of the commercial ACL.
    Under Amendment 51, the commercial quotas in 2023 for Season 1 will 
be 73,330 lb (33,262 kg) and for Season 2 will be 31,427 lb (14,255 
kg); in 2024, Season 1 will be 74,322 lb (33,712 kg) and Season 2 will 
be 31,852 lb (14,448 kg); in 2025, Season 1 will be 75,312 lb (34,161 
kg) and Season 2 will be 32,277 lb (14,641 kg); and for 2026 and 
subsequent years, Season 1 will be 75,312 lb (34,161 kg) and Season 2 
will be 32,277 lb (14,641 kg).

Recreational Fishing Season

    Recreational harvest of snowy grouper is currently allowed from May 
1 through August 31 each year. This final rule revises the recreational 
fishing season for snowy grouper where harvest will be allowed only 
from May 1 through June 30. The recreational sector will be closed 
annually from January 1 through April 30, and from July 1 through 
December 31. During the seasonal closures, the recreational bag and 
possession limits for snowy grouper will be zero. Shortening the time 
recreational fishing is allowed will help to reduce the risk that 
recreational harvest will exceed its reduced sector ACL, while still 
allowing for retention of snowy grouper when recreational fishermen 
target co-occurring species, such as blueline tilefish, in some areas.

Recreational AMs

    The current recreational AMs were implemented through the final 
rule for

[[Page 83862]]

Amendment 34 to the FMP (81 FR 3731, January 22, 2016). The AMs for 
snowy grouper include 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 AMs also include a post-season adjustment if recreational landings 
exceed the recreational ACL, and then during the following fishing year 
recreational landings will be monitored for a persistence in increased 
landings. If the total ACL for snowy grouper is exceeded and the stock 
is overfished, the length of the recreational fishing season and the 
recreational ACL are reduced by the amount of the recreational ACL 
overage.
    This final rule revises the recreational AMs for snowy grouper. 
Given the revised 2-month fishing season, the current in-season closure 
and stock status-based post-season AM is removed. The revised 
recreational AM is a post-season AM that would be triggered in the 
following fishing year if the recreational ACL was exceeded in the 
previous year. If recreational landings exceed the recreational ACL, 
NMFS would reduce the length of the recreational fishing season in the 
following year by the amount necessary to prevent the recreational ACL 
from being exceeded. However, the length of the recreational season 
would not be reduced if NMFS determines, using the best scientific 
information available, that a reduction is not necessary.
    This revised recreational AM will avoid an in-season closure of the 
recreational sector and extend maximum fishing opportunities to the 
sector during the 2-month recreational season. This final rule removes 
the current potential duplicate AM application of a reduction in the 
recreational season length and a payback of the recreational ACL 
overage if the total ACL was exceeded. In addition, under the revised 
recreational AM, the AM trigger is not tied to the total ACL, but only 
to the recreational ACL. This modification ensures that an ACL overage 
in the recreational sector does not in turn affect the catch levels for 
the commercial sector. Any reduced recreational season length as a 
result of the AM being implemented would apply to the recreational 
fishing season in the year following a recreational ACL overage.

Management Measures in Amendment 51 That Would Not Be Codified by This 
Final Rule

    In addition to the measures within this final rule, Amendment 51 
revises the overfishing limit (OFL) for snowy grouper and sets the ACL 
equal to the ABC. The amendment also revises the annual OY and the 
sector allocations.

OFL, ABC, and Annual OY

    The current ABC for snowy grouper was approved in Regulatory 
Amendment 20, based upon the previous stock assessment (SEDAR 36) and 
recommendations from the Council's SSC.
    Based on the SEDAR 36 Update, the Council's SSC recommended new OFL 
and ABC levels, with the ABC reduced from the OFL; the Council accepted 
the recommendations. The assessment and associated OFL and ABC levels 
for snowy grouper incorporated the revised estimates for recreational 
catch and effort from the MRIP-FES. The SSC and NMFS determined that 
the new OFL and ABC recommendations within Amendment 51 also represent 
the best scientific information available. The Council chose to express 
OY for snowy grouper 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).

Comments and Reponses

    NMFS received comments from seven entities during the public 
comment periods for the notice of availability of Amendment 51 and the 
proposed rule. Six comment letters were in opposition to one or more 
actions within Amendment 51 or the proposed rule. One comment was 
outside the scope of this action and suggested that all marine life 
will soon be extinct if species continue to receive fishing pressure. 
NMFS did not respond to this comment. Comments specific to the actions 
in Amendment 51 and the proposed rule are grouped as appropriate and 
summarized below, each followed by NMFS' respective response. NMFS has 
not made any changes from the proposed rule to this final rule based on 
public comment.
    Comment 1: The stock assessments are traditionally incorrect by 
underestimating the stock. The proposed reduction in the allowable 
snowy grouper catch limit and season are grossly restrictive. Based on 
observation in the Florida Keys area alone the population is thriving. 
The abundance of snowy grouper make catching other deep water species 
very difficult. The bottom line is that the assessment population data 
are flawed.
    Response: NMFS disagrees that the stock assessment data for snowy 
grouper are flawed. The most recent SEDAR stock assessment for South 
Atlantic snowy grouper (SEDAR 36 Update) was completed in 2021 and 
included data through 2018. The findings of the assessment indicated 
that the South Atlantic snowy grouper stock remains overfished and is 
undergoing overfishing. Although NMFS recognizes that the abundance of 
snowy grouper varies across locations in the South Atlantic, snowy 
grouper is managed as a single stock in the South Atlantic, and the 
stock assessment, which used region-wide data, concluded that the 
overall stock is undergoing overfishing and is overfished. The 
Council's SSC and NMFS reviewed the stock assessment and determined 
that the SEDAR 36 Update is based on the best scientific information 
available. Following a notification from NMFS to a fishery management 
council that a stock is undergoing overfishing and is overfished, the 
Magnuson-Stevens Act requires the fishery management council to develop 
an FMP amendment with actions that immediately end overfishing and 
rebuild the affected stock. The Council and NMFS have determined that 
the actions in Amendment 51 would end overfishing of South Atlantic 
snowy grouper, continue to rebuild the stock, and achieve OY while 
minimizing, to the extent practicable, adverse social and economic 
effects.
    Comment 2: NMFS' conversion of snowy grouper from pounds to numbers 
of fish to set the recreational sector ACL also assumes a low average 
weight of 8.93 lb (4.1 kg) per fish in gutted weight that is not 
supported by the record. Other evidence in the records shows an average 
weight closer to or above 10 lb (4.5 kg). Pictures posted by anglers on 
social media sites routinely show snowy grouper of 15 to 40 lb (6.8 to 
18.1 kg). At such low levels of harvest, a 10 percent variation makes a 
big difference. If the average gutted weight was actually 10 lb (4.5 
kg), then the recreational sector ACL should be 1,490 fish, not 1,668 
fish.
    Response: NMFS disagrees that a different average weight should be 
used for snowy grouper. To support using a higher weight, the commenter 
supplied pictures of recreationally caught snowy grouper posted on 
social media, and referenced higher average weights stated in 
Regulatory Amendment 20 to the FMP and a two-page document that sets 
forth different options to estimate the average weight for snowy 
grouper. The average weight used for snowy grouper in Amendment 51 is 
based on information in the SEDAR 36 Update, which was subject to a 
rigorous and independent scientific review. The total ACL is in pounds 
of fish, and

[[Page 83863]]

recreational landings are reported in numbers of fish. To determine the 
recreational ACL, the pounds were converted to numbers of fish using an 
average weight of a snowy grouper. As explained in Amendment 51, an 
average weight of snowy grouper was determined from data used in the 
SEDAR 36 Update to be 8.93 lb, which was the average landed weight of 
snowy grouper from 2016 through 2018 as reported by recreational 
fishermen. NMFS acknowledges that different average weights for 
recreationally caught snowy grouper can vary using different methods or 
from other sources. However, NMFS determined that the SEDAR 36 Update, 
which used more recent data than what was used in support of Regulatory 
Amendment 20, and the 8.93-lb (4.1-kg) average weight for a snowy 
grouper in the recreational sector to be based on the best scientific 
information available.
    Comment 3: The ACL for the recreational sector applies only to 
landings of snowy grouper and there is no limit on dead discards, dead 
discards are not tracked during the fishing season against a fixed 
limit, and there are no consequences if the recreational sector 
discards more fish than NMFS projects.
    Response: Dead discards of snowy grouper were accounted for in 
establishing the recreational ACL for snowy grouper. Dead discards are 
fish that fishermen catch and then discard for various reasons, and 
that are dead or subsequently die soon after they are released. 
According to the SEDAR 36 Update, 95.4 percent of total removals of 
snowy grouper are landings and 4.6 percent are dead discards. The ABCs 
in Amendment 51 were derived from the SEDAR 36 Update, which accounted 
for dead discards and other sources of fish mortality. Since an ACL is 
directly calculated from an ABC, the recreational ACL for snowy grouper 
in Amendment 51 that was derived from the ABC did account for dead 
discards.
    NMFS acknowledges that neither the recreational ACL nor the 
commercial ACL establish a limit on the amount of dead discards during 
a fishing season, and discards are not specifically tracked against a 
fixed limit during a fishing season for either the recreational sector 
or the commercial sector (see also the response to Comment 10 regarding 
bycatch of snowy grouper). Section 303(a)(15) of the Magnuson-Stevens 
Act requires the FMP to include ACLs and AMs, and the National Standard 
1 Guidelines define catch as including both landed fish and dead 
discards (50 CFR 600.310(f)(1)(i)). However, the National Standard 1 
Guidelines also state that the ABC, on which the ACLs are based, may be 
expressed in terms of landings as long as estimates of bycatch and any 
other fishing mortality not accounted for in the landings are 
incorporated into the determination of ABC (50 CFR 600.310(f)(3)(i)). 
As explained in Amendment 51, the ABC was calculated to account for 
dead discards. Thus, the recreational ACL for snowy grouper meets the 
requirements of the Magnuson-Stevens Act.
    Comment 4: There is no way of tracking to determine if the 
recreational ACL has been met and no possible way for NMFS to ensure 
that an ACL of 1,668 fish will be reached. There are no mandatory 
reporting requirements for private recreational anglers, even though 
NMFS estimates that private anglers account for roughly 30 to 75 
percent of all snowy grouper landings in recent years. Management 
uncertainty is extremely high in the recreational sector.
    Response: NMFS disagrees that Amendment 51 supports the 
characterization that private anglers account for roughly 30 to 75 
percent of all snowy grouper landings. The recreational sector is 
comprised of private fishermen and for-hire fishermen (charter vessels 
and headboats). Amendment 51 at Table 4.1.2.1 (page 61) shows the 
commercial, recreational, and total landings for South Atlantic snowy 
grouper for each fishing year from 2015 to 2019, with the 5-year 
average landings of 142,812 lb (64,778 kg) for the commercial sector 
and 39,807 lb (18,056 kg) for the recreational sector. In addition, 
prior to Amendment 51, the recreational sector was allocated 17 percent 
of the total ACL, and Table 3.2.2 in Amendment 51 (page 30) indicates 
that in 4 of the 5 years from 2015 to 2019, the recreational sector did 
not harvest all of its ACL.
    NMFS disagrees than it cannot determine whether the snowy grouper 
recreational ACL was reached. Recreational landings information for the 
private and charter fishermen are collected through the MRIP-FES 
program. MRIP-FES consists of an intercept survey conducted at public 
marine fishing access points and a mail-based survey which estimates 
recreational shore and private boat fishing effort. Federally permitted 
vessels selected to participate in the Southeast Region Headboat Survey 
are required to submit a trip report for each trip. NMFS uses the best 
data available from the MRIP-FES and headboat survey to track 
recreational landings and compare them to the recreational ACL.
    Using the best scientific information available, NMFS will 
determine whether the recreational ACL was met or exceeded, and whether 
the length of the next season needs to be reduced to prevent 
recreational landings from exceeding the recreational ACL, in 
accordance with the new recreational AM. NMFS, the SSC, and the Council 
have determined that Amendment 51 is consistent with the Magnuson-
Stevens Act and its National Standards, and that the landings estimates 
from the MRIP-FES and headboat survey represent the best scientific 
information available. This determination is supported by an April 14, 
2023, memorandum from the NMFS Southeast Fisheries Science Center as 
well as the recommendations from the Council's SSC.
    Comment 5: Amendment 51 removes existing recreational AMs, replaces 
it with a defective AM, and fails to establish AMs to ensure the 
recreational ACL is not exceeded. Further, the proposed recreational AM 
does nothing to correct and mitigate overages if they occur, and does 
not consider a payback of the overage.
    Response: NMFS acknowledges that the recreational AMs are revised 
but disagrees that the new AM is defective as set forth in the comment. 
The current recreational AMs are being modified in this rule in 
response to the reduction in both the recreational ACL and season 
length for snowy grouper in Amendment 51. As explained in the response 
to Comment 4, NMFS uses data from the MRIP-FES and headboat survey to 
track recreational landings and compare them to the recreational ACL. 
Retaining an in-season closure based on current recreational landings 
data is not practical for a recreational ACL of 1,668 fish (in 2023) 
and season length of 2 months, given the time delay between when 
recreational landings for species occur and when the information 
becomes available to management for in-season actions such as closures.
    The final rule modifies the post-season recreational AM so that the 
reduction in fishing season length following an overage of the 
recreational ACL is not dependent on an exceedance of the total ACL and 
an overfished stock status. The new AM for the recreational sector will 
now be triggered when only the recreational ACL is exceeded, thereby 
ensuring that a recreational ACL overage does not also affect the ACL 
for the commercial sector. If recreational landings exceed the 
recreational ACL, and after an analysis and determination by NMFS that 
a reduction of the recreational ACL in the following year is necessary, 
NMFS will reduce the length of the recreational fishing season

[[Page 83864]]

for the year following an ACL overage by the amount necessary to 
prevent the recreational ACL from being exceeded again.
    In addition, this final rule removes the potential duplicate AM 
application of a reduction in the recreational season length and a 
reduction of the recreational ACL matching the amount of the ACL 
overage if the total ACL was exceeded. The Council considered this a 
potential ``double penalty'' for the recreational sector and did not 
consider both actions necessary following an overage of the total ACL.
    Similar actions are being taken to modify recreational AMs in 
Amendments 50, 52, and 53 to the FMP, especially for species where the 
recreational ACL is relatively low and the recreational season length 
is short.
    Comment 6: Reducing an already short season for snowy grouper would 
adversely affect recreational fishermen during the closed months while 
weather is generally favorable for bottom fishing. Snowy grouper 
provide a trophy to target, fine table fare, and a small reward to 
maintain angler interest.
    Response: The current recreational fishing season is from May 
through August, and reducing the recreational fishing season from 4 to 
2 months is needed to end overfishing, continue to rebuild the stock, 
and offer long-term social benefits. The Council considered multiple 
factors in recommending the preferred alternative for reducing the 
length of the snowy grouper recreational season, including the season 
length projections, economic concerns, and the potential changes in 
bycatch. The Council determined and NMFS agrees that it is important to 
provide recreational fishermen and for-hire fishing businesses with the 
longest season possible to harvest the recreational ACL, while 
preventing overages of the recreational ACL. Shortening the time that 
recreational fishing is allowed for snowy grouper in the South Atlantic 
contributes to ensuring that recreational catches do not exceed the 
recreational ACLs specified in this final rule. The 2-month season 
allows for retention of snowy grouper when recreational fishermen 
target co-occurring species, such as blueline tilefish, in some areas. 
In addition, disruptive weather events, such as hurricanes, occur with 
greater frequency during July and August than during May and June. 
Given the need to shorten the recreational season to end overfishing, 
having the revised recreational fishing season for snowy grouper 
earlier rather than later in the summer should allow for greater access 
to harvest snowy grouper. Finally, the new recreational season may 
provide additional biological benefits to spawning snowy grouper, as 
the season will now exclude July and August, which is part of the snowy 
grouper peak spawning season of May through August.
    Comment 7: The 2-month recreational fishing season NMFS is 
proposing is also too long when compared to the recreational ACL as 
Amendment 51 shows that the recreational ACL would likely be met before 
the end of the season. For snowy grouper to be rebuilt, recreational 
seasons need to be shortened and accountability increased. It is 
irrational to propose keeping the season open an additional 17 days 
past when the analysis in Amendment 51 shows that the recreational ACL 
would be met (June 13).
    Response: Amendment 51 contains two projections that estimate when 
the recreational ACL will be reached if the new recreational ACL and a 
2-month fishing season are implemented. Using a 3-year average (2017 
through 2019) of landings, the recreational ACL is not expected to be 
reached before the end of the fishing season. Using a 5-year average 
(2015 through 2019) of landings, landings are projected to reach the 
recreational ACL on June 13th. After reviewing the projection 
information and effects analysis, the Council chose a 2-month season 
for the reasons outlined in the response to Comment 6. If recreational 
landings exceed the recreational ACL, NMFS could shorten the following 
recreational season to avoid another exceedance of the ACL. NMFS has 
determined that the ACLs, AMs, and management measures for the 
recreational sector specified in Amendment 51 and this final rule will 
end overfishing, continue to rebuild the stock, and prevent and 
mitigate overages if they are to occur.
    Comment 8: Amendment 51 conflicts with National Standard 8 as it 
will result in further declines in participation of the commercial 
fishing community (as shown by the reduced number of commercial 
permits) and not provide for sustained participation, will impose 
further hardship on the commercial sector by reducing the total ACL 
while failing to account for the sectors' respective contribution to 
the underlying problem, and will impose (not minimize) negative 
economic impacts on those communities. The commercial industry has 
suffered through 100-lb (45-kg) trip limits, while the recreational 
sector has been allowed to operate without changes.
    Response: NMFS disagrees that Amendment 51 is inconsistent with the 
Magnuson-Stevens Act National Standard 8, which requires that 
conservation and management measures take into account the importance 
of fishery resources to fishing communities to provide for the 
sustained participation of those communities, and to the extent 
practicable, minimize adverse economic impacts on those communities. 
NMFS acknowledges that snowy grouper is predominantly harvested by the 
commercial sector, that the sector is supported by the associated 
fishing communities, and that commercial vessel permits issued for the 
snapper-grouper fishery have decreased over time. Following the results 
of the SEDAR 4 assessment for snowy grouper (2006), which indicated the 
stock was both overfished and experiencing overfishing, additional 
restrictions were implemented for both the commercial and recreational 
sectors to help end overfishing and rebuild the stock; those 
restrictions now include low commercial trip limits (currently 200 lb 
or 91 kg, last revised and increased in 2015) and low recreational bag 
limits (currently one snowy grouper per vessel, last revised and 
decreased in 2006). Section 1.7 in Amendment 51 provides further 
information on the history of management for the commercial and 
recreational harvest of snowy grouper. NMFS utilized the best 
scientific information available to describe affected fishing 
communities in Amendment 51 and evaluate the economic effects on the 
commercial sector, in general. Fishing communities that are associated 
with commercial and recreational fishing and can be identified as 
having some relationship with snowy grouper harvest are identified and 
discussed in section 3.4 of Amendment 51.
    The snowy grouper stock in the South Atlantic is overfished and is 
subject to overfishing. Magnuson-Stevens Act National Standard 1 
requires that conservation and management measures prevent overfishing, 
and National Standard 8 is also clear that those conservation and 
management measures take into account the importance of fishery 
resources to fishing communities ``consistent with the conservation 
requirements of this Act (including the prevention of overfishing and 
rebuilding of overfished stocks) . . . .'' 16 U.S.C. 1851(a)(8). 
Further, according to the National Standard 8 Guidelines at 50 CFR 
600.345(b)(1), ``[W]here two alternatives achieve similar conservation 
goals, the alternative that provides the greater potential for 
sustained participation of [fishing] communities and minimizes the 
adverse economic impacts on such communities would be the preferred 
alternative.''

[[Page 83865]]

    The actions in Amendment 51 that directly affect the commercial 
sector and thus commercial fishing communities are revisions to the 
ABC, total ACL, and annual OY for snowy grouper, and revisions to the 
sector allocations and sector ACLs. The reductions in the ABC, ACL, and 
annual OY for snowy grouper are required by the need to end overfishing 
and rebuild the stock. The no-action alternatives in Amendment 51 would 
not have met these objectives. Of the other alternatives considered, 
the measures implemented in this final rule are expected to generate 
the least adverse economic effects on the commercial sector and thus on 
commercial fishing communities. Further, the commercial allocation is 
actually increased in Amendment 51. The analysis shows that this choice 
of allocation is expected to generate the least adverse economic 
effects on the commercial sector and thus on commercial fishing 
communities. Therefore, NMFS has determined that the measures in this 
final rule are expected to minimize adverse effects on commercial 
fishing communities, consistent with National Standard 8.
    Comment 9: Amendment 51 harms consumers of snowy grouper. While 
commercial fishers may be able to adapt, the consumer has preferences 
for their favorite fish. Having to instead choose imported fish is not 
desired and the Council and NMFS need to ensure domestic access through 
commercial fishermen.
    Response: NMFS acknowledges that some U.S. consumers may prefer 
locally-harvested South Atlantic groupers, and that a reduced supply of 
snowy grouper could result in a reduction in economic benefits for 
those consumers. Unfortunately, NMFS does not have estimates of price 
flexibility (how prices respond to changes in supply) or demand 
elasticity (how quantity demanded responds to changes in price) that 
are specific to South Atlantic snowy grouper or other comparable South 
Atlantic groupers, and therefore NMFS cannot project changes in prices 
or estimate changes in consumer surplus (economic benefits) associated 
with the new commercial ACL implemented by this final rule. There are, 
however, a number of consumer substitutes for South Atlantic snowy 
grouper, including other South Atlantic snapper-grouper species, 
snappers and groupers harvested from the Gulf of Mexico, and imports. 
The availability of these substitutes will likely minimize any effects 
on consumers that result from a change in the supply of South Atlantic 
snowy grouper. As previously discussed, although the commercial ACL is 
reduced, this final rule will increase the allocation for the 
commercial sector. Relative to the alternatives considered, this would 
generate the least adverse economic effects on the commercial sector 
and thus on seafood consumers.
    Comment 10: Amendment 51 does not comply with National Standard 9 
because the amendment fails to account for dead discards and will 
increase bycatch of snowy grouper by setting a recreational season 
shorter than the blueline tilefish season. The snowy grouper 
recreational season needs to be adjusted to align with blueline 
tilefish as these species regularly co-occur. Amendment 51 does nothing 
to minimize bycatch and will instead increase bycatch. The amendment 
fails to consider whether measures to minimize bycatch or bycatch 
mortality are possible such as multi-hook rigs when the daily bag limit 
is one snowy grouper per vessel.
    Response: NMFS disagrees that Amendment 51 violates Magnuson-
Stevens Act National Standard 9, and NMFS explained in the response to 
Comment 3 how Amendment 51 accounted for dead discards. National 
Standard 9 requires that conservation and management measures, ``to the 
extent practicable: (1) minimize bycatch; and (2) to the extent bycatch 
cannot be avoided, minimize the mortality of such bycatch.'' 16 U.S.C. 
1851(a)(9). NMFS has determined that Amendment 51 minimizes bycatch and 
bycatch mortality to the extent practicable. This determination is 
supported by a Bycatch Practicability Analysis for the actions in 
Amendment 51 (Appendix G to Amendment 51) that evaluated the 
practicability of taking additional action to minimize bycatch and 
bycatch mortality using the 10 factors provided in the National 
Standard 9 Guidelines at 50 CFR 600.350(d)(3)(i).
    NMFS acknowledges that commercial and recreational discards of 
snowy grouper may increase as a result of reduced ACLs and shorter 
fishing seasons. Many of the 55 managed snapper-grouper species, such 
as snowy grouper and blueline tilefish, occur together in certain 
areas. Fishermen will often target a species where retention is 
allowed, and then must discard a species if the harvest is closed. As 
the final rule will decrease the commercial ACL and retain the current 
in-season closure when the ACL is reached or projected to be reached, 
the commercial season is likely to close earlier in the year after the 
new commercial ACL in the final rule is implemented (see Appendix F of 
Amendment 51 for a projection of the commercial season length). In 
turn, a longer closed season could increase discards of snowy grouper 
if fishermen are targeting species that co-occur with snowy grouper.
    Similarly, recreational discards may increase with a lower 
recreational ACL and shorter season if fishermen target species that 
also occur with snowy grouper when harvest for snowy grouper is closed. 
However, any adverse effects are expected to be minor because discards 
comprise a relatively minor component of the over total mortality of 
snowy grouper. For example, snowy grouper and blueline tilefish occur 
together in some areas, and for the recreational sector, the current 
fishing seasons for both species are open from May through August. This 
final rule will reduce the recreational season for snowy grouper from 4 
to 2 months. Amendment 52 to the FMP will reduce the bag limit and 
change the recreational accountability measures for blueline tilefish 
but will not change the 4-month season (88 FR 76696, November 7, 2023). 
NMFS acknowledges that fishermen will need to discard snowy grouper 
during the snowy grouper closure. Based on public input, snowy grouper 
discards are not expected to change north of Cape Hatteras, North 
Carolina, as the typical habitats where snowy grouper and blueline 
tilefish occur are more segregated.
    Despite the possible change in discards, the reduction in ACLs and 
recreational fishing season are needed to end overfishing, continue to 
rebuild the stock, and offer long-term social benefits. The National 
Standard 9 Guidelines advise that conservation and management measures 
must also be consistent with all of the other national standards and 
maximization of net benefits to the Nation (50 CFR 600.350(d)(3)(i)). 
NMFS has determined that the actions in the final rule are required to 
prevent overfishing while achieving, on a continuing basis, the OY from 
the fishery (National Standard 1), set an ACL that does not exceed the 
ABC (National Standard 1), implement conservation and management 
measures based upon the best scientific information available (National 
Standard 2), and minimize adverse economic impacts on fishing 
communities (National Standard 8). See also the responses to Comments 6 
and 7 for a discussion of the multiple factors that were considered 
when choosing the length of the snowy grouper recreational season, 
including the season length projections, economic concerns, and the

[[Page 83866]]

expected or potential changes in bycatch.
    Any change to snowy grouper discards from the actions in the final 
rule may not have a significant affect to the overall health of the 
stock. Dead discards comprise a minor component of the overall 
mortality of snowy grouper, with total removals of snowy grouper 
estimated to comprise on average 95.4 percent landings and 4.6 percent 
dead discards (SEDAR 36 Update). NMFS considered the actions and 
analyses in Amendment 51, and evaluated the practicability of taking 
additional action to minimize bycatch and bycatch mortality (50 CFR 
600.350(d)(3)(i)). In summary, NMFS does not expect the actions in 
Amendment 51 to significantly contribute to or detract from the current 
level of bycatch in the snapper grouper fishery, as supported by the 
Bycatch Practicability Analysis for Amendment 51 (Appendix G).
    NMFS has implemented other measures to reduce bycatch and bycatch 
mortality. For example, in implementing Regulatory Amendment 29 to the 
FMP on July 15, 2020, to reduce bycatch, NMFS required that a 
descending device be available and ready for use on all commercial, 
for-hire, and private recreational vessels while fishing for or 
possessing snapper-grouper species. To reduce fishing mortality, that 
final rule also required the use of non-offset non-stainless steel 
circle hooks when fishing for snapper-grouper species with hook-and-
line gear and natural bait north of 28[deg] N latitude. (85 FR 36166, 
June 15, 2020). The Council has also developed a Best Fishing Practices 
Outreach Campaign for commercial and recreational fishermen that 
includes education and outreach and the collection of discard 
information through their Citizen Science Program. The program involves 
fishermen and scientists working together to collect information that 
can be used for stock assessments and management.
    Comment 11: NMFS' National Standard Guidelines recommend use of an 
annual catch target (ACT), or buffer below the ACL, to ``account for 
management uncertainty in controlling the catch at or below the ACL.'' 
Amendment 51 does not specify an ACT or buffer for the recreational 
sector despite massive, acknowledged management uncertainty.
    Response: NMFS acknowledges that the Council did not consider a 
recreational ACT in Amendment 51. Recreational ACTs have not been used 
for management purposes under the FMP, and ACTs were recently 
eliminated through Amendment 49 to the FMP for all snapper-grouper 
species because management uncertainty is already accounted for when 
setting ACLs (88 FR 65819, September 26, 2023).
    Comment 12: It is unfair to impose a rule that is effective May 1 
through June 30 and the proposal was introduced on May 22, 2023. If the 
amendment is approved, it should be effective further in the future as 
to allow recreational fisherman time to catch snowy grouper.
    Response: NMFS published the notice that announced the availability 
of Amendment 51 for public review and comment in the Federal Register 
on May 22, 2023 (88 FR 32717), and published the proposed rule for 
public review and comment on May 30, 2023 (88 FR 34460). Prior to these 
public comment periods, the actions in Amendment 51 were introduced and 
discussed during multiple public Council meetings that also had public 
comment periods. Amendment 51 was approved on August 17, 2023, and 
after this final rule to implement Amendment 51 publishes in the 
Federal Register, there will be a 30-day delay before the management 
measures in this rule become effective, consistent with the 
Administrative Procedure Act, as specified in the DATES section of this 
final rule.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with Amendment 51, the FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    A final regulatory flexibility analysis (FRFA) was prepared. The 
FRFA incorporates the initial regulatory flexibility analysis (IRFA), a 
summary of the significant issues raised by the public comments in 
response to the IRFA, and NMFS responses to those comments, and a 
summary of the analyses completed to support the action. A copy of this 
analysis is available from NMFS (see ADDRESSES). A summary of the FRFA 
follows.
    The Magnuson-Stevens Act provides the statutory basis for this 
final rule. A description of this final rule, why it is being 
implemented, and the purpose of this final rule are contained in the 
SUMMARY and SUPPLEMENTARY INFORMATION sections of this final rule.
    Public comments relating to socio-economic implications and 
potential impacts on small businesses are addressed in the responses to 
Comments 6, 8, and 9 in the Comments and Responses section of this 
final rule. No changes to this final rule were made in response to 
these public comments. No comments were received from the Office of 
Advocacy for the Small Business Administration.
    This final rule will: (1) revise the snowy grouper total ACL, (2) 
revise the snowy grouper sector ACLs, (3) modify the snowy grouper 
recreational season, and (4) revise the recreational AMs for snowy 
grouper. The changes to the ACLs, as well as the sector allocations, 
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 snowy grouper in Federal 
waters of the South Atlantic. The changes to the recreational season 
and AMs only apply to federally permitted owners and operators of for-
hire vessels and recreational anglers. This final rule will not 
directly apply to federally-permitted dealers. Any change in the supply 
of snowy grouper available for purchase by dealers as a result of this 
final rule, and associated economic effects, would be an indirect 
effect of this rule and would therefore fall outside the scope of the 
Regulatory Flexibility Act (RFA).
    Although all components of this final rule apply to for-hire 
vessels, they are not expected to have any direct effects on these 
entities. For-hire vessels sell fishing services to recreational 
anglers. The changes to the snowy grouper management measures will not 
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 final rule would be a consequence of a change in 
anglers' behavior, which would be secondary to any direct effect on 
anglers and, therefore, an indirect effect of this final rule. Based on 
the historically-minimal level of charter-mode target effort for snowy 
grouper in the South Atlantic, NMFS does not expect any change in for-
hire trip demand to result from this final rule; however, should it 
occur, the associated indirect effects would fall outside the scope of 
the RFA. For-hire captains and crew are allowed to retain snowy grouper 
under the recreational bag limit; however, they cannot 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. 604). 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions (5 U.S.C.

[[Page 83867]]

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 commercial unlimited permits and 112 valid or 
renewable commercial 225-lb (102-kg) trip-limited snapper-grouper 
permits. On average from 2015 through 2019, there were 161 federally-
permitted commercial vessels with reported landings of snowy grouper in 
the South Atlantic. For the 161 commercially permitted vessels, the 
average annual vessel-level gross revenue from all species for 2015 
through 2019 was $82,475 (2021 dollars) and snowy grouper accounted for 
approximately 6.1 percent of this revenue. For commercial vessels that 
harvest snowy grouper in the South Atlantic, NMFS estimates that 
economic profits are $3,299 (2021 dollars) or approximately 4 percent 
of annual gross revenue, on average. The maximum annual revenue from 
all species reported by a single one of the vessels that harvested 
snowy grouper 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 final rule are believed to be small entities based on the NMFS 
size standard. No other small entities that are directly affected by 
this final rule have been identified.
    This final rule will revise the total ACL for snowy grouper, based 
on the most recent ABC recommendation from the Council's SSC in 
response to the SEDAR 36 Update. This catch limit reflects a shift in 
recreational reporting units from the MRIP-CHTS to the MRIP-FES. The 
total ACL will be set equal to the ABC or 119,654 lb (54,274 kg) in 
2023, 121,272 lb (55,008 kg) in 2024, and 122,889 lb (55,742 kg) in 
2025 and subsequent years. Based on the current sector allocation 
percentages, these changes to the catch limits represent a decrease in 
the current commercial ACL for snowy grouper of 54,622 lb (24,776 kg) 
in 2023, 53,279 lb (24,167 kg) in 2024, and 51,937 lb (23,558 kg) in 
2025 and subsequent years. However, as discussed below, this final rule 
will also modify the percentage of the total ACL that is allocated to 
the commercial sector and therefore economic effects to small entities 
are quantified as part of that discussion.
    Amendment 51 will increase the commercial sector allocation from 83 
percent of the total snowy grouper ACL to 87.55 percent. This, in 
conjunction with the changes to the total ACLs, results in a commercial 
ACL for snowy grouper of 104,757 lb (47,517 kg) in 2023 (73,330 lb 
[33,262 kg] in Season 1 and 31,427 lb [14,255 kg] in Season 2); 106,174 
lb (48,160 kg) in 2024 (74,322 lb [33,712 kg] in Season 1 and 31,852 lb 
[14,448 kg] in Season 2); and 107,589 lb (48,802 kg) in 2025 and in 
subsequent years (75,312 lb [34,161 kg] in Season 1 and 32,277 lb 
[14,641 kg] in Season 2). Relative to the status quo commercial ACL of 
153,935 lb (69,824 kg), this is a decrease of 49,178 lb (22,307 kg) in 
2023; 47,761 lb (21,664 kg) in 2024; and 46,346 lb (21,022 kg) in 2025 
and in subsequent years. These decreases in the commercial ACL are 
expected to result in corresponding decreases in aggregate ex-vessel 
revenue of $284,249 (2021 dollars) in 2023, $276,059 in 2024, and 
$267,880 in 2025 and subsequent years, noting that the 2023 ex-vessel 
revenue estimates are likely overstated given the expected 
implementation of this final rule later in this fishing year. Divided 
by the average number of vessels with reported landings of snowy 
grouper from 2015 through 2019, this translates to an annual loss in 
ex-vessel revenue that ranges from $1,664 (2021 dollars) to $1,766 per 
vessel, which is approximately 2 percent of average annual per vessel 
gross revenue. It is noted that snowy grouper makes up a relatively 
small portion of annual gross revenue for vessels that land the species 
(6.1 percent), and on trips where snowy grouper are harvested, it 
comprises less than a quarter of trip revenue, on average (2015 to 
2019). Therefore, NMFS assumes snowy grouper is harvested as a 
secondary, if not incidental, species on trips targeting other species 
and that this final rule will not materially affect fishing behavior, 
effort, or operating costs. As a result, the estimated reduction in 
annual ex-vessel revenue due to less snowy grouper available for 
harvest is assumed to be a straight loss in annual economic profits of 
$1,664 (2021 dollars) to $1,766 per vessel (approximately 50 percent to 
54 percent of average annual economic profits). Individual fishing 
businesses, however, may experience varying levels of economic effects, 
depending on their fishing practices, operating characteristics, and 
profit maximization strategies.
    The following discussion describes the alternatives that were 
considered but not implemented in this final rule.
    Three alternatives were considered for the action to set the ABC, 
total ACL, and annual OY equal to 119,654 lb (54,274 kg) in 2023, 
121,272 lb (55,008 kg) in 2024, and 122,889 lb (55,742 kg) in 2025 and 
subsequent years. The first alternative to the action, the no action 
alternative, would maintain the current ABC, ACL, and annual OY of 
185,464 lb (84,125 kg). Therefore, it would not be expected to change 
fishing practices or commercial harvests of snowy grouper, nor would it 
be expected to have resulting economic effects. This alternative was 
not selected by the Council because it would not end overfishing and it 
would be inconsistent with the SSC's latest catch limit recommendations 
and the transition to MRIP-FES, and therefore, would not be based on 
the best scientific information available.
    The second alternative would set the ACL and annual OY for snowy 
grouper equal to 95 percent of the most recent ABC recommendation from 
the SSC. Under the second alternative, both the ACL and annual OY would 
be set to 113,671 lb (51,560 kg) in 2023, 115,208 lb (52,257 kg) in 
2024, and 116,745 lb (52,955 kg) in 2025 and in subsequent years. 
Relative to the total ACLs set by this final rule and assuming no 
change to the current sector allocations, this alternative would reduce 
the commercial ACL and annual OY by an additional 5,983 lb (2,714 kg) 
in 2023, 6,064 lb (2,751 kg) in 2024, and 6,144 lb (2,787 kg) in 2025 
and in subsequent years. These further reductions in the ACL would 
result in an estimated annual reduction in ex-vessel revenue and 
economic profits that is $34,582 (2021 dollars) to $35,512 ($215 to 
$221 per vessel) greater than what is expected under the total ACLs set 
by this final rule. The Council did not select the second alternative 
because they decided 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 management measures, as well 
as those implemented by this final rule, would be sufficient at 
preventing overages, thus not requiring a buffer between the ABC and 
ACL.

[[Page 83868]]

    The third alternative would set the ACL and annual OY for snowy 
grouper equal to 90 percent of the most recent ABC recommendation from 
the SSC. Under the third alternative, both the ACL and annual OY would 
be set to 107,689 lb (48,847 kg) in 2023, 109,145 lb (49,507 kg) 2024, 
and 110,600 lb (50,167 kg) in 2025 and subsequent years. Relative to 
the total ACLs set by this final rule and assuming no change to the 
current sector allocations, this alternative would reduce the 
commercial ACL and annual OY by an additional 11,965 lb (5,427 kg) in 
2023, 12,127 lb (5,501 kg) in 2024, and 12,289 lb (5,574 kg) in 2025 
and subsequent years. These further reductions in the ACL would result 
in an estimated annual reduction in ex-vessel revenue and economic 
profits that is $69,158 (2021 dollars) to $71,030 ($430 to $441 per 
vessel) greater than what is expected under the total ACLs set by this 
final rule. The Council did not select the third alternative because 
they decided 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 management measures, as well as 
those implemented by this final rule, would be sufficient at preventing 
overages, thus not requiring a buffer between the ABC and ACL.
    Two alternatives were considered for the action to revise sector 
allocations and ACLs for snowy grouper. The first alternative to the 
action, the no action alternative, would retain the current commercial 
sector and recreational sector allocations as 83 percent and 17 
percent, respectively, of the revised total ACL for snowy grouper. 
Based on the total ACLs set by this final rule of 119,654 lb (54,274 
kg) in 2023, 121,272 lb (55,008 kg) in 2024, and 122,889 lb (55,742 kg) 
in 2025 and subsequent years, this alternative would result in a 
commercial ACL of 99,313 lb (45,048 kg) in 2023, 100,656 lb (45,657 kg) 
in 2024, and 101,998 lb (46,266 kg) in 2025 and subsequent years. 
Compared to the commercial sector allocation set by this final rule of 
87.55 percent, this alternative would result in a commercial ACL that 
is 5,444 lb (2,469 kg) lower in 2023, 5,518 lb (2,503 kg) lower in 
2024, and 5,591 lb (2,536 kg) lower in 2025 and subsequent years. This 
would translate to an additional aggregate annual loss in ex-vessel 
revenue and economic profits of $31,466 (2021 dollars) to $32,316 ($195 
to $201 per vessel) relative to this final rule. The Council did not 
select the first alternative because the status quo sector allocation 
percentages are based on average landings from 1986 through 2005 in 
MRIP-CHTS units and therefore do not reflect the intent or results of 
the original allocation formula when applied to the new ACL based on 
MRIP-FES units. The terms ``MRIP-CHTS units'' and ``MRIP-FES units'' 
signify landings data that are in different scales and are not directly 
comparable.
    The second alternative would allocate 73.36 percent of the revised 
total ACL for snowy grouper to the commercial sector and 26.64 percent 
of it to the recreational sector. Based on the total ACLs set by this 
final rule, this alternative would result in a commercial ACL of 87,778 
lb (39,815 kg) in 2023, 88,965 lb (40,354 kg) in 2024, and 90,151 lb 
(40,892 kg) in 2025 and subsequent years. Compared to the commercial 
sector allocation set by this final rule of 87.55 percent, this 
alternative would result in a commercial ACL that is 16,979 lb (7,702 
kg) lower in 2023, 17,209 lb (7,806 kg) lower in 2024, and 17,438 lb 
(7,910 kg) lower in 2025 and subsequent years. This would translate to 
an additional aggregate annual loss in ex-vessel revenue and economic 
profits of $98,139 (2021 dollars) to $100,792 ($610 to $626 per vessel) 
relative to this final rule. The Council did not select the second 
alternative because they decided that the method used to determine the 
current allocations (average landings from 1986 through 2005) was more 
appropriate than the allocations formula adopted through the 2012 
Comprehensive ACL Amendment to the FMP for unassessed species (77 FR 
15916, March 16, 2012). They also decided that the second alternative 
would be less effective at achieving the objectives of the FMP and 
satisfying the needs of the commercial sector, in particular.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, NMFS prepared a fishery bulletin, which also 
serves as a small entity compliance guide. Copies of this final rule 
are available from the Southeast Regional Office, and the guide, i.e., 
fishery bulletin, will be sent to all known industry contacts in the 
snapper-grouper fishery and be posted at https://www.fisheries.noaa.gov/tags/small-entity-compliance-guide?title=&field_species_vocab_target_id=&field_region_vocab_target_id%5B1000001121%5D=1000001121&sort_by=created. The guide and this final 
rule will be available upon request.
    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 final rule. This final 
rule contains no information collection requirements under the 
Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Recreational, Snowy grouper, South 
Atlantic.

    Dated: November 27, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

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

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

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

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


0
2. In Sec.  622.183, revise paragraph (b)(8) to read as follows:


Sec.  622.183  Area and seasonal closures.

* * * * *
    (b) * * *
    (8) Snowy grouper recreational sector closure. The recreational 
sector for snowy grouper in the South Atlantic EEZ is closed each year 
from January 1 through April 30, and July 1 through December 31. During 
a recreational closure, the bag and possession limits for snowy grouper 
harvested in or from the South Atlantic EEZ are zero.
* * * * *

0
3. In Sec.  622.190, revise paragraphs (a)(1)(i) and (ii) to read as 
follows:


Sec.  622.190  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (i) From January 1 through June 30 each year.
    (A) 2023--73,330 lb (33,262 kg).
    (B) 2024--74,322 lb (33,712 kg).
    (C) 2025 and subsequent fishing years--75,312 lb (34,161 kg).
    (ii) From July 1 through December 31 each year.

[[Page 83869]]

    (A) 2023--31,427 lb (14,255 kg).
    (B) 2024--31,852 lb (14,448 kg).
    (C) 2025 and subsequent fishing years--32,277 lb (14,641 kg).
* * * * *

0
4. In Sec.  622.193, revise paragraph (b) to read as follows:


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

* * * * *
    (b) Snowy grouper--(1) Commercial sector. (i) If commercial 
landings of snowy grouper, as estimated by the SRD, reach or are 
projected to reach the commercial ACL that is equal to the commercial 
quota specified in Sec.  622.190(a)(1), the AA will file a notification 
with the Office of the Federal Register to close the commercial sector 
for the remainder of the fishing year. Applicable restrictions after a 
commercial quota closure are specified in Sec.  622.190(c).
    (ii) If commercial landings of snowy grouper, as estimated by the 
SRD, exceed the commercial ACL, and the combined commercial and 
recreational ACL specified in paragraph (b)(3) of this section is 
exceeded, and snowy grouper 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) The recreational ACL for snowy grouper 
is 1,668 fish for 2023; 1,691 fish for 2024; and 1,713 fish for 2025 
and subsequent fishing years.
    (ii) If recreational landings for snowy grouper exceed the 
recreational ACL specified in paragraph (b)(2)(i) of this section, then 
during the following fishing year NMFS will reduce the length of the 
recreational fishing season by the amount necessary to prevent 
recreational landings from exceeding the recreational ACL in the 
following fishing year. 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 for snowy 
grouper is closed as a result of NMFS reducing the length of the 
recreational fishing season, the bag and possession limits for snowy 
grouper harvested in or from the South Atlantic EEZ are zero.
    (3) Total ACL. The combined commercial and recreational ACL for 
snowy grouper in gutted weight is 119,654 lb (54,274 kg) for 2023; 
121,272 lb (55,008 kg) for 2024; and 122,889 lb (55,741 kg) for 2025 
and subsequent fishing years.
* * * * *
[FR Doc. 2023-26351 Filed 11-30-23; 8:45 am]
BILLING CODE 3510-22-P