[Federal Register Volume 89, Number 140 (Monday, July 22, 2024)]
[Rules and Regulations]
[Pages 59003-59009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15873]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 240715-0194]
RIN 0648-BM82


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack and Red 
Snapper Management Measures

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 management measures 
described in a framework action under the Fishery Management Plan for 
the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the 
Gulf of Mexico Fishery Management Council (Council). This final rule 
modifies the Gulf of Mexico (Gulf) greater amberjack commercial trip 
limit and the

[[Page 59004]]

recreational fixed closed season. Additionally, this final rule 
clarifies the Gulf red snapper charter vessel/headboat (for-hire) 
component quota and annual catch target (ACT) regulations. The purposes 
of this final rule are to extend the commercial and recreational 
fishing seasons for Gulf greater amberjack while continuing to prevent 
overfishing and rebuild the stock; and clarify that a person on a 
vessel issued a Gulf for-hire permit at any time during the fishing 
year can only harvest red snapper if the vessel is operating as a for-
hire vessel.

DATES: This final rule is effective August 21, 2024, except for 
amendatory instruction 2 (revising Sec.  622.34(c)), which is effective 
August 1, 2024.

ADDRESSES: Electronic copies of the framework action, which includes an 
environmental assessment, a fishery impact statement, an Initial 
Regulatory Flexibility analysis (IRFA), and a regulatory impact review, 
may be obtained from the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/framework-action-modify-greater-amberjack-recreational-fixed-closed-season-and-commercial.

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

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes 
greater amberjack, is managed under the FMP. The FMP was prepared by 
the Council, approved by the Secretary of Commerce, 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 NMFS and the regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the optimum yield (OY) from federally managed fish stocks. These 
mandates are intended to ensure fishery resources are managed for the 
greatest overall benefit to the Nation, particularly with respect to 
providing food production and recreational opportunities, and to 
protect marine ecosystems.
    On May 15, 2024, NMFS published a proposed rule for the framework 
action and requested public comment (89 FR 42413).
    The greater amberjack stock in the Gulf has been overfished since 
2001. To help rebuild the stock, NMFS has implemented several 
modifications to the rebuilding plan, including changes to the 
commercial and recreational catch levels, and changes to management 
measures intended to constrain harvest and extend the commercial and 
recreational seasons. NMFS recently implemented Amendment 54 to the 
FMP, which modified the Gulf greater amberjack rebuilding time period 
and substantially reduced the sector-specific annual catch limits 
(ACLs) and ACTs (88 FR 39193, June 15, 2023). Implementation of that 
final rule and Amendment 54 is expected to result in the stock 
rebuilding by 2027.
    In the Gulf, greater amberjack is not a common target species for 
the reef fish commercial sector, with the majority of trips landing 
less than 500 lb (227 kg), gutted weight (520 lb (236 kg), round 
weight) of the species. As described at 50 CFR 622.41(a)(1), when 
commercial landings for greater amberjack reach or are projected to 
reach the commercial ACT, which is codified as the commercial quota, 
NMFS closes the commercial sector for the remainder of the fishing 
year. Any overage of the commercial ACL results in both a reduction of 
the commercial ACT and the commercial ACL in the following fishing year 
by the amount of the commercial ACL overage.
    In 2020, NMFS implemented a framework action that set the current 
Gulf greater amberjack commercial trip limit to 1,000 lb (454 kg), 
gutted weight (1,040 lb (472 kg), round weight) (85 FR 20611, April 14, 
2020). That framework action and final rule also included a reduction 
in the trip limit to 250 lb (113 kg), gutted weight (260 lb (118 kg), 
round weight) when 75 percent of the commercial quota was reached. As 
described in the current framework action, under the current trip 
limit, the trip limit reduction was projected to occur in February with 
a season closure occurring in June.
    In the current framework action, the Council is recommending that 
NMFS further reduce the commercial trip limit due to the substantial 
catch limit reductions implemented by Amendment 54 to lengthen the 
commercial fishing season. The framework action would reduce the 
commercial trip limit for Gulf greater amberjack to seven fish, which 
is approximately equal to 210 lb (95 kg), gutted weight (218 lb (99 
kg), round weight). This reduction in the trip limit is expected to 
extend the commercial season until September unless an overage of the 
commercial ACL occurs in the prior fishing year, which then would 
require a reduction in the commercial ACL and ACT and result in a 
reduction in the season length. NMFS notes that in the 2023 fishing 
year, the commercial ACL was exceeded by 35,280 lb (16,003 kg), round 
weight, resulting in a reduction of the commercial ACL and ACT for the 
2024 fishing year (see 88 FR 80995, November 21, 2023). For the 2024 
fishing year, NMFS projected that the adjusted commercial ACT would be 
met on June 30, 2024, and so NMFS prohibited the commercial harvest and 
possession of Gulf greater amberjack on June 30, 2024 (89 FR 50529, 
June 14, 2024).
    As described in the framework action, this reduction of the trip 
limit to seven fish is expected to eliminate the remaining direct 
commercial harvest trips for greater amberjack. The Council recognized 
that the greater amberjack stock is overfished and has not rebuilt as 
expected. Thus, the Council determined that a more cautious approach 
was warranted and chose to recommend reducing the commercial trip 
limit.
    At its October 2023 meeting, the Council discussed the impact of 
the required reduction to the 2024 commercial catch limits as a result 
of landings exceeding the ACL in 2023. The Council expressed concern 
about constraining landings to the reduced catch limits under the 
current trip limit when the commercial season opened in January 2024, 
which could have potentially resulted in another commercial overage in 
2024 and further reduced the catch limits for 2025. Since the reduced 
commercial trip limit in this final rule would not be effective until 
later in 2024, the Council requested that NMFS implement an emergency 
action to reduce the commercial trip limit to seven fish. NMFS and the 
Council expected this lower trip limit to benefit the greater amberjack 
stock by increasing the duration of the commercial open season, which 
is expected to result in fewer regulatory discards (i.e., discards 
required after the quota has been reached). On December 18, 2023, a 
final temporary rule for emergency action for Gulf greater amberjack 
was published in the Federal Register and was effective through June 
15, 2024 (88 FR 87365).
    The Council decided to specify the commercial trip limit in numbers 
of fish instead of pounds of fish based in part on recommendations from 
its Reef Fish Advisory Panel (AP) and the Law Enforcement Technical 
Committee on their preferred way to specify the trip limit. A trip 
limit in numbers of fish is more enforceable and reduces the chance of 
commercial fishermen exceeding the trip limit.
    The Council decided that the reduced trip limit, which would extend 
the

[[Page 59005]]

commercial fishing season as long as practicable, was a more desirable 
solution. The new commercial trip limit is expected to allow for as 
many fishing days as practicable while reducing the chance of exceeding 
the reduced lower catch limits implemented under the final rule for 
Amendment 54, and addresses needs of the rebuilding plan.
    In the framework action, the Council also decided to recommend 
modifying the Gulf greater amberjack recreational fixed closed season 
in order to extend the recreational fishing season and to protect 
greater amberjack spawning. As described in the framework action, under 
the current recreational season structure which opens annually on 
August 1, projections indicate that the season would only last 
approximately 3 weeks. For the recreational sector, when recreational 
landings for greater amberjack reach or are projected to reach the 
recreational ACT, NMFS closes the sector for the remainder of the 
fishing year and any overage of the recreational ACL is reduced from 
the following fishing year's recreational ACT and ACL (50 CFR 
622.41(a)(2)). NMFS notes that when the Gulf greater amberjack 
recreational sector is closed, the species remains a popular catch and 
release fish.
    In 2012, the final rule implementing Amendment 35 established a 
Gulf greater amberjack recreational fixed closed season of June 1 to 
July 31 to restrict harvest during times of peak recreational fishing. 
In 2017, NMFS implemented a framework action under the FMP to set the 
Gulf greater amberjack recreational fixed closed season to January 1 
through June 31 to protect greater amberjack spawning and allow the 
Council additional time to consider further modify the fixed closed 
season (82 FR 61485, December 28, 2017). In 2018, NMFS implemented a 
framework action under the FMP that revised the recreational fishing 
year from the calendar year (January 1 through December 31) to be from 
August 1 through July 31, and set the current Gulf greater amberjack 
recreational fixed closed season to be from November 1 through April 30 
and from June 1 through July 31 (83 FR 13426, March 29, 2018). This 
means that until the recreational ACT is reached or projected to be 
reached, recreational harvest would be allowed during the months of 
August through October, and during the month of May. The current fixed 
closed season prohibits harvest during the peak greater amberjack 
spawning period in the majority of the Gulf (i.e., March and April) and 
allows for both a fall and spring recreational season if no in-season 
closure is required.
    For the present action, the Council decided to recommend modifying 
the recreational fixed closed season in response to the substantial 
recreational catch limit reductions implemented through the final rule 
for Amendment 54 in order to lengthen the recreational fishing season 
and to protect the greater amberjack stock during all documented 
spawning periods in the Gulf (i.e., March through June). This change to 
the recreational fixed closed season, from the current closures of 
January 1 through April 30, from June 1 through July 31, and from 
November 1 through December 31, each year, to new closures from January 
1 through August 31, and from November 1 through December 31, each 
year, would eliminate the spring recreational season. The revised 
recreational closure would allow for protection of the stock during the 
entire spawning period in the Gulf.
    As described in the framework action, this fixed closed season 
modification is projected to allow the recreational fishing season to 
be open for all of September and most of October (i.e., projected to 
extend to October 26th) each year. However, if recreational effort were 
to shift as a result of the fixed closed season change, then it is 
possible a recreational closure may occur earlier. For the revised 
recreational fixed closed season, the Council determined that a more 
cautious approach for management was warranted in order to meet the 
rebuilding timeline.

Management Measures Contained in This Final Rule

    This final rule revises the commercial trip limit and recreational 
fixed closed season for Gulf greater amberjack.

Commercial Trip Limit

    The existing regulations set the commercial trip limit for Gulf 
greater amberjack at 1,000 lb (454 kg), gutted weight (1,040 lb (472 
kg), round weight), with a reduction to 250 lb (113 kg), gutted weight 
(260 lb (118 kg), round weight) when 75 percent of the commercial quota 
has been reached. This final rule changes the commercial trip limit to 
seven fish. Once the commercial quota has been reached, the commercial 
sector will close and commercial harvest is prohibited (50 CFR 
622.41(a)(1)(i)).
    As described in the framework action, the trip limit reduction to 
seven fish (i.e., approximately 210 lb (95 kg), gutted weight (218 lb 
(99 kg), round weight) is expected to extend the length of the 
commercial fishing season into September, which would not occur under 
the status quo commercial trip limit. While the commercial ACT has been 
met for the 2024 season and an in-season closure began on June 30 (89 
FR 50529, June 14, 2024), if the commercial ACL is not exceeded in 
2024, an in-season closure under a seven fish trip limit is expected to 
occur in September of 2025.
    In recommending this trip limit, the Council recognized that the 
Gulf greater amberjack stock is overfished and has not rebuilt as 
expected under the current and previous rebuilding plans. NMFS 
determined, in accordance with the Council's findings, that a more 
cautious approach for the commercial sector was warranted and chose to 
substantially reduce the commercial trip limit.

Recreational Fixed Closed Season

    The current Gulf greater amberjack recreational fixed closed season 
is from January 1 through April 30, June 1 through July 31, and 
November 1 through December 31, each year. This final rule revises the 
closed season to January 1 through August 31, and November 1 through 
December 31, each year. This results in the recreational season being 
scheduled to be open from September 1 through October 31, each year. As 
described in the Classification of this final rule, NMFS has found good 
cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in the 
effective date for changes to the Gulf greater amberjack recreational 
fixed closed season at 50 CFR 622.34(c). Based on the timing of the 
rulemaking for this final rule, this has been done to avoid the 
recreational season opening on August 1, 2024, and to instead open on 
September 1, 2024, consistent with the revisions in this final rule and 
the framework action. This will allow NMFS to evaluate landings from 
the May 2023 portion of the recreational season of the previous fishing 
year and determine if an adjustment would be needed to the recreational 
ACL and ACT in the next fishing year. NMFS notes that during the 
closure, the recreational bag and possession limit for greater 
amberjack in or from the Gulf exclusive economic zone (EEZ) is zero (50 
CFR 622.34(c)).

Regulatory Language Contained in This Final Rule But Not Described in 
the Framework Action

    In addition to the Gulf greater amberjack management measures in 
the framework action, this final rule clarifies language related to the 
Gulf red snapper Federal charter vessel/headboat (for-hire) component 
quota (50 CFR 622.39(a)(2)(i)(B)) and the Gulf red snapper Federal for-
hire component ACT (50 CFR 622.41(q)(2)(iii)(B)). When Amendment 40 to 
the FMP was

[[Page 59006]]

implemented in 2015 and allocated the recreational ACL (quota) between 
the Federal for-hire and private angling components, the provisions 
referenced above specified that the Federal for-hire quota and ACT 
apply ``to vessels that have been issued a valid Federal charter 
vessel/headboat permit for Gulf reef fish any time during the fishing 
year.'' (80 FR 22422, April 22, 2015). This language was necessary to 
maintain the selected allocation between the components by allowing 
only those vessels issued the Federal for-hire permit during the 
fishing year to harvest red snapper under the for-hire component quota.
    Subsequently, NMFS determined that it would be helpful to clarify 
these provisions to specify the restrictions on harvest and possession 
of red snapper when the for-hire season is closed by adding the 
following language: ``A person aboard a vessel that has been issued a 
charter vessel/headboat permit for Gulf reef fish any time during the 
fishing year may not harvest or possess red snapper in or from the Gulf 
when the Federal charter vessel/headboat component is closed'' (85 FR 
6819, February 6, 2020; 88 FR 37475 June 8, 2023). In this final rule, 
and consistent with Amendment 40, NMFS adds additional clarifying 
language to specify the restrictions on harvest and possession of red 
snapper when the for-hire season is open. This language provides that 
when the Federal for-hire component is open, a person on board a vessel 
that has been issued a for-hire permit for Gulf reef fish at any time 
during the fishing year may harvest or possess red snapper in or from 
the Gulf only when the vessel is operating as a charter vessel or 
headboat.

Comments and Responses

    NMFS received four comment submissions in response to the proposed 
rule for the framework action. Of the comments contained in these 
submissions, one expressed general support for the rule. One comment 
was generally against the proposed rule, but expressed support for the 
closure of the greater amberjack recreational season during red snapper 
season. One comment suggested that fishing seasons for greater 
amberjack and other Gulf reef fish species (e.g., red snapper and 
groupers) should overlap in order to reduce discards and decrease 
overall mortality of each of these reef fish species. The commenter 
also suggested reducing the greater amberjack recreational bag limit, 
which was beyond the scope of the proposed rule. The final comment did 
not support concurrent open recreational seasons for Gulf reef fish 
species, since the timing of seasons could negatively impact 
recreational fishermen, especially the for-hire component. Specific 
comments related to the proposed rule and the framework action are 
summarized below and followed by NMFS' respective responses. There have 
been no changes to the proposed rule as a result of public comment.
    Comment 1: Recreational fishing seasons for greater amberjack and 
other Gulf reef fish species (e.g., red snapper, groupers) should 
overlap in order to reduce discards and decrease overall mortality of 
each of these reef fish species. Also, consideration should be given to 
establishing a combined recreational fishing season for all reef fish 
of 60 days or less.
    Response: In the framework action, the Council recommended that the 
greater amberjack recreational fishing season open on September 1, 
instead of the current season where the sector is open in May and then 
again opens on August 1. Changing the recreational greater amberjack 
season start date to September 1 and removing the months of May and 
August from the open season is expected to increase the number of 
greater amberjack fishing days available to the recreational sector 
before the recreational ACT would be projected to be met. Also, 
modifying the fixed closed season as proposed would protect greater 
amberjack during spawning months and would allow fishing during a time 
when recreational effort is expected to be less than the previous open 
months of May and August.
    A September 1 recreational season opening date provides overlap 
with the recreational fishing season opening date for Gulf gag, which 
is also September 1, as suggested by this comment. This overlap could 
result in fewer greater amberjack discards when targeting gag. While a 
concurrent fishing season for all reef fish could reduce discards, a 
goal of the Council is to maximize recreational fishing opportunities 
throughout the year while constraining harvest to allowable catch 
levels. This often requires different management measures such as 
fishing seasons for different reef fish species due to different stock 
statuses, spawning periods, and seasonal distributions. A single 
concurrent recreational fishing season for all reef fish species is not 
practical to help achieve OY within the fishery and maintain 
recreational fishing opportunities throughout the Gulf.

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 the framework action, 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. The Magnuson-Stevens Act provides 
the legal basis for this final rule. No duplicative, overlapping, or 
conflicting Federal rules have been identified.
    A final regulatory flexibility analysis (FRFA) was prepared for 
this rule. The FRFA incorporates the IRFA, a summary of any significant 
issues raised by public comment in response to the IRFA, any applicable 
NMFS responses to those comments, and a summary of the analyses 
completed to support the action. NMFS did not receive any public 
comments with respect to the IRFA. A copy of the full analysis is 
available from NMFS (see ADDRESSES). A summary of the FRFA follows.
    The objectives of this final rule are to maintain commercial and 
recreational access to the greater amberjack component of the Gulf reef 
fish fishery, given the substantial ACL decreases under the Gulf 
greater amberjack rebuilding plan in Amendment 54, and ensure anglers 
and for-hire vessel operators understand that a person on a vessel that 
has been issued a Gulf for-hire permit at any time during the fishing 
year can only harvest red snapper if the vessel is operating as a for-
hire vessel. All monetary estimates in the following analysis are in 
2021 dollars.
    This final rule reduces the commercial trip limit for greater 
amberjack from 1,000 lb (454 kg), gutted weight (1,040 lb (472 kg), 
round weight), with a decrease in the trip limit to 250 lb (113 kg), 
gutted weight, 260 lb (118 kg), round weight, when 75 percent of the 
commercial quota has been reached, to seven fish. This final rule also 
establishes the new commercial trip limit based on numbers of fish 
rather than on weight. As described in the framework action, a trip 
limit of seven fish is approximately equal to 210 lb (95 kg), gutted 
weight (218 lb (99 kg), round weight).
    This final rule also modifies the recreational fixed closed season 
for Gulf greater amberjack from the original dates of November 1 
through April 30 and June 1 through July 31 to the new dates of August 
1 through August 31 and November 1 through July 31.
    This final rule also clarifies language in the regulations related 
to the Gulf red snapper Federal charter vessel/headboat component quota 
and the Gulf red snapper Federal charter vessel/headboat

[[Page 59007]]

component ACT. Specifically, the regulations will be modified to 
clarify that a person on a vessel issued a Gulf for-hire permit at any 
time during the fishing year can only harvest red snapper if the vessel 
is operating as a for-hire vessel. Given these actions, this final rule 
is expected to regulate commercial fishing businesses and charter 
vessel/headboat (for-hire) fishing businesses that harvest Gulf greater 
amberjack. The action to clarify existing regulations related to the 
Gulf red snapper Federal charter vessel/headboat component quota and 
the Gulf red snapper Federal charter vessel/headboat component ACT is 
administrative in nature, and thus would not regulate or directly 
affect any entities.
    A valid commercial Gulf reef fish vessel permit is required in 
order for commercial fishing vessels to legally harvest greater 
amberjack in the Gulf. At the end of 2020, 837 vessels possessed valid 
commercial Gulf reef fish vessel permits. However, not all vessels with 
a commercial Gulf reef fish permit actually harvest greater amberjack 
in the Gulf. From 2017 through 2021, the average number of vessels that 
commercially harvested Gulf greater amberjack was 199. Ownership data 
regarding vessels that harvest Gulf greater amberjack are incomplete, 
which prohibits accurately determining affiliations between these 
particular vessels. Since determining ownership affiliations is not 
currently feasible, for the purposes of this analysis, NMFS assumes 
each of these vessels is independently owned by a single business. NMFS 
expects this assumption to result in an overestimate of the actual 
number of commercial fishing businesses regulated by this final rule. 
Thus, it is assumed this final rule would regulate 199 commercial 
fishing businesses.
    Although the changes to the recreational fixed closed season will 
apply to recreational private anglers, the Regulatory Flexibility 
Analysis (RFA) does not consider recreational private anglers to be 
entities. Small entities include small businesses, small organizations, 
and small governmental jurisdictions (see 5 U.S.C. 601(6) and 601(3)-
(5)). Recreational private anglers are not businesses, organizations, 
or governmental jurisdictions and so they are outside the scope of this 
analysis (see 5 U.S.C. 603).
    A valid Federal charter vessel/headboat (for-hire) permit for Gulf 
reef fish is required to legally harvest greater amberjack in the Gulf 
from a for-hire vessel. NMFS does not possess complete ownership data 
for vessels that hold charter vessel/headboat Gulf reef fish vessel 
permits and thus potentially harvest greater amberjack. Therefore, 
accurately determining affiliations between these vessels and the 
businesses that own them is not currently feasible. As a result, for 
purposes of this analysis, NMFS assumes each for-hire vessel is 
independently owned by a single business, which is expected to result 
in an overestimate of the actual number of for-hire fishing businesses 
regulated by this final rule.
    NMFS also does not have data indicating how many for-hire vessels 
actually harvest Gulf greater amberjack in a given year. In 2020, there 
were 1,289 vessels with valid charter-headboat Gulf reef fish vessel 
permits. Of these 1,289 vessels, 803 were homeported in Florida. Of 
these 803 vessels, 62 are primarily used for commercial fishing rather 
than for-hire fishing purposes and thus are not considered for-hire 
fishing businesses (i.e., 1,227 vessels are for-hire fishing 
businesses). In addition, 46 of the permitted vessels are considered 
headboats. However, headboats take a relatively large, diverse set of 
anglers to harvest a diverse range of species on a trip and therefore 
do not typically target a particular species. Therefore, NMFS assumes 
that no headboat trips would be canceled, and thus no headboats would 
be directly affected as a result of this final rule.
    Charter vessels often target greater amberjack. Of the 803 vessels 
with valid charter-headboat Gulf reef fish vessel permits that are 
homeported in Florida, 62 are dually permitted commercial and charter 
vessel-headboats but are primarily commercial fishing vessels, and 46 
are headboats, while the remaining 695 are charter vessels. As 
described in the framework action, 76 percent of charter vessels with 
valid charter-headboat permits in the Gulf were active in 2017 (i.e., 
24 percent were not fishing). A charter vessel would only be directly 
affected by this final rule if it is fishing. Given this information, 
NMFS' best estimate of the number of charter vessels that are likely to 
target Gulf greater amberjack in a given year is 528. Thus, this final 
rule is estimated to regulate 528 for-hire fishing businesses.
    For RFA purposes, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (North American Industry Classification 
System (NAICS) Code 114111 (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 (i.e., revenue) are not in excess of $11 million for 
all of its affiliated operations worldwide. From 2017 through 2021, the 
maximum annual gross revenue earned by a single commercial reef fish 
vessel during this time was about $3.19 million, while the average 
annual gross revenue for a vessel commercially harvesting Gulf greater 
amberjack was $194,894. Based on this information, all commercial 
fishing businesses regulated by this final rule are determined to be 
small entities for the purpose of this analysis.
    For other industries, the Small Business Administration has 
established size standards for all major industry sectors in the U.S., 
including for-hire businesses (NAICS code 487210). A business primarily 
involved in for-hire fishing 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 annual receipts (i.e., 
revenue) not in excess of $14.0 million for all its affiliated 
operations worldwide. The maximum annual gross revenue for a single 
headboat in the Gulf was about $1.45 million in 2017. On average, 
annual gross revenue for headboats in the Gulf is about three times 
greater than the annual gross revenue for charter vessels, reflecting 
the fact that businesses that own charter vessels are typically smaller 
than businesses that own headboats. Based on this information, all for-
hire fishing businesses regulated by this final rule are determined to 
be small businesses for the purpose of this analysis.
    NMFS expects this final rule to directly affect 199 of the 837 
commercial fishing businesses that possess a valid commercial Gulf reef 
fish permit (approximately 24 percent of those commercial fishing 
businesses). Further, NMFS expects this final rule to directly affect 
528 of the 1,227 for-hire fishing businesses with valid Federal charter 
vessel/headboat permits in the Gulf reef fish fishery (approximately 43 
percent of those for-hire fishing businesses). For the purpose of this 
analysis, all affected commercial and for-hire fishing businesses are 
small entities. Based on this information, NMFS expects the final rule 
to affect a substantial number of small entities.
    For vessels that commercially harvest greater amberjack in the 
Gulf, currently available data indicate that economic profits are 
approximately 38 percent of annual average gross revenue. Given that 
their average annual gross revenue is $194,894, annual average economic

[[Page 59008]]

profit per vessel is estimated to be approximately $74,060.
    This final rule reduces the commercial trip limit for greater 
amberjack to seven fish. As described in the framework action, a trip 
limit of seven fish is approximately equal to 210 lb (95 kg), gutted 
weight; 218 lb (99 kg), round weight. This final rule is expected to 
lengthen the commercial fishing season for greater amberjack.
    Economic effects expected to result from changes in commercial trip 
limits would typically include changes in ex-vessel revenues and 
profits of commercial fishing businesses. However, based on the 
relatively small size of the greater amberjack commercial ACT and 
harvest projections, commercial fishing businesses are projected to 
harvest all of the allocated commercial quota regardless of the 
commercial trip limit. Therefore, changes in ex-vessel revenues and 
profits for commercial fishing businesses would not be expected to 
result from the action to change the commercial trip limit from 1,000 
lb (454 kg) gutted weight, to seven fish.
    Based on the most recent information available, average annual 
profit is $27,000 per charter vessel. Net Cash Flow per Angler Trip 
(CFpA) is the best available estimate of profit per angler trip by 
charter vessels. CFpA on charter vessels is estimated to be $149 per 
angler trip. Expected changes in charter trips targeting greater 
amberjack were derived from projected closure dates of the action to 
modify the recreational fixed closed season, and from the average 
distribution of greater amberjack target trips by wave and mode between 
2018 and 2021. Assuming there is no shift in effort, it is estimated 
that the change in the recreational fixed closed season would result in 
a decrease to the number of charter trips targeting greater amberjack 
by 195 trips, and thereby decrease the profits to charter fishing 
businesses by $29,108. On average, this would decrease profits by $55 
per vessel. Thus, economic profits are expected to be reduced by 0.2 
percent on average per charter fishing business.
    Three alternatives, including the status quo, were considered for 
the action to modify the commercial trip limit for Gulf greater 
amberjack and establish a new commercial trip limit based on numbers of 
fish rather than weight. The first alternative, the status quo, would 
have retained the current commercial trip limit for Gulf greater 
amberjack of 1,000 lb (454 kg), gutted weight (1,040 lb (472 kg,) round 
weight). Additionally, when 75 percent of the ACT is projected to be 
reached, the commercial trip limit would have been reduced to 250 lb 
(113 kg), gutted weight (260 lb (118 kg) round weight). This 
alternative would have allowed some targeting of greater amberjack to 
continue. However, the Council did not recommend, and NMFS did not 
select, this alternative because it would not modify the trip limit 
from pounds of fish, which is more difficult to enforce compared to a 
count of fish. This alternative is also expected to result in the 
shortest overall season, which is contrary to the objectives of the 
framework action.
    The second alternative would have established a commercial trip 
limit of eight fish. A trip limit of eight fish is approximately equal 
to 257 lb (117 kg), gutted weight; 267 lb (121 kg), round weight. The 
Council did not recommend and NMFS did not select this alternative 
because it is not expected to extend the commercial season as long as 
the action in this rule.
    The third alternative would have established a commercial trip 
limit of five fish. A trip limit of five fish is approximately equal to 
150 lb (68 kg), gutted weight; 155 lb (70 kg), round weight. Like the 
action in this rule, this alternative would have modified the trip 
limit from pounds of fish to numbers of fish. Although this trip limit 
would have resulted in the longest commercial season, the Council did 
not recommend and NMFS did not select this alternative because it was 
deemed to be too restrictive.
    Two alternatives, including the status quo, were considered for the 
action to modify the recreational fixed closed season for Gulf greater 
amberjack. The first alternative, the status quo, would have retained 
the current recreational fixed closed season of November 1 through 
April 30 and June 1 through July 31. As described in the framework 
action, this alternative was not selected because it results in the 
shortest projected season (i.e., 21 days), which could promote race to 
fish (i.e., derby-like) fishing behavior, and does not protect the 
stock during spawning periods. As described in the framework action, 
the Council also expressed a desire for a longer season length rather 
than a split season and a fishing season start date in August. Further, 
this alternative gives the least flexibility to for-hire operators with 
respect to rescheduling trips due to inclement weather or other 
constraints with the short-projected season. For all of the reasons 
stated above, NMFS agrees with the Council's decision not to recommend 
the status quo alternative.
    The second alternative would have modified the recreational fixed 
closed season to be August 1 through August 31, October 1 through April 
30, and June 1 through July 31. Although this alternative would have 
been expected to result in a greater amount of charter trips targeting 
Gulf greater amberjack compared to the status quo, it still allows for 
harvest during the spawning season. The Council did not recommend and 
NMFS did not select this alternative because it does not protect the 
stock during spawning periods as described in the framework action, 
which ultimately could have negative long-term effects if the stock 
does not rebuild.
    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 
Gulf reef fish 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.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.
    NMFS finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day 
delay in the effective date for changes to the Gulf greater amberjack 
recreational fixed closed season at 50 CFR 622.34(c). Among other 
measures, this final rule modifies the start of the summer recreational 
fishing season from August 1 to September 1. The recreational 
accountability measures require NMFS to prohibit harvest of greater 
amberjack when recreational landings reach or are projected to reach 
the recreational ACT (quota) and if recreational landings exceed the 
recreational ACL, then during the following fishing year, both the 
recreational quota and the recreational ACL must be reduced by the 
amount of any recreational ACL overage. NMFS will not have preliminary 
recreational landings estimates for the May 2024 open fishing season, 
which was the final month of recreational fishing during the 2023-

[[Page 59009]]

2024 recreational fishing year, until mid-August 2024. Therefore, if 
the changes to the recreational fixed closed season are not made 
effective by August 1, the recreational fishing season will open before 
NMFS can determine whether there needs to be an adjustment to the 
recreational ACT and ACL for the 2024-2025 fishing year. If significant 
harvest occurs before NMFS can make that determination, an overage of 
the 2024-2025 recreational ACL could occur, which would have negative 
impacts on the stock, which is overfished, as well as on those 
participants in the recreational sector who will have fewer days to 
fish for Gulf greater amberjack during the following fishing year. 
Given the time required to receive finalized recreational landings 
information from May 2024, NMFS is not yet able to make a determination 
about any recreational ACL overages from the 2023-2024 fishing year. A 
waiver of the 30-day delay in the effective date for changes to the 
Gulf greater amberjack recreational fixed closed season will allow the 
season to open September 1 as specified in the final rule and allow 
NMFS to determine whether an adjustment to the 2024-2025 catch limits 
are necessary. In addition, private anglers and Federal for-hire 
operators have been planning trips in anticipation of the expected 
September 1 opening and as explained in the framework action, opening 
on September 1 as opposed to August 1 is expected to allow for a 
greater number of fishing days, which will benefit private anglers and 
Federal for-hire operators. A waiver of the 30-day delay in 
effectiveness for the commercial trip limit specified in 50 CFR 
622.43(a) is not necessary because commercial harvest is prohibited 
until December 31, 2024 as a result of an in-season commercial closure 
(89 FR 50529, June 14, 2024).

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Greater amberjack, Gulf, 
Recreational, Red snapper, Reef fish.

    Dated: July 15, 2024.
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. Effective August 1, 2024, in Sec.  622.34, revise paragraph (c) to 
read as follows:


Sec.  622.34  Seasonal and area closures designed to protect Gulf reef 
fish.

* * * * *
    (c) Seasonal closure of the recreational sector for greater 
amberjack. The recreational sector for greater amberjack in or from the 
Gulf EEZ is closed from January 1 through August 31 and from November 1 
through December 31 each year. During the closure, the bag and 
possession limit for greater amberjack in or from the Gulf EEZ is zero.
* * * * *

0
3. Effective August 21, 2024, in Sec.  622.39, revise paragraph 
(a)(2)(i)(B) to read as follows:


Sec.  622.39  Quotas.

* * * * *
    (a) * * *
    (2) * * *
    (i) * * *
    (B) Federal charter vessel/headboat component quota. The Federal 
charter vessel/headboat component quota applies to vessels that have 
been issued a valid Federal charter vessel/headboat permit for Gulf 
reef fish any time during the fishing year. A person aboard a vessel 
that has been issued a charter vessel/headboat permit for Gulf reef 
fish any time during the fishing year may not harvest or possess red 
snapper in or from the Gulf when the Federal charter vessel/headboat 
component is closed. When the Federal charter vessel/headboat component 
is open, a person on board a vessel that has been issued a charter 
vessel/headboat permit for Gulf reef fish at any time during the 
fishing year may harvest or possess red snapper in or from the Gulf 
only when the vessel is operating as a charter vessel or headboat. The 
Federal charter vessel/headboat component quota is 3,380,574 lb 
(1,533,403 kg), round weight.
* * * * *

0
4. Effective August 21, 2024, in Sec.  622.41, revise paragraph 
(q)(2)(iii)(B) to read as follows:


Sec.  622.41  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (q) * * *
    (2) * * *
    (iii) * * *
    (B) Federal charter vessel/headboat component ACT. The Federal 
charter vessel/headboat component ACT applies to vessels that have been 
issued a valid Federal charter vessel/headboat permit for Gulf reef 
fish any time during the fishing year. A person aboard a vessel that 
has been issued a charter vessel/headboat permit for Gulf reef fish any 
time during the fishing year may not harvest or possess red snapper in 
or from the Gulf when the Federal charter vessel/headboat component is 
closed. When the Federal charter vessel/headboat component is open, a 
person on board a vessel that has been issued a charter vessel/headboat 
permit for Gulf reef fish at any time during the fishing year may 
harvest or possess red snapper in or from the Gulf only when the vessel 
is operating as a charter vessel or headboat. The component ACT is 
3,076,322 lb (1,395,396 kg), round weight.
* * * * *
0
5. Effective August 21, 2024, in Sec.  622.43, revise paragraph (a) to 
read as follows:


Sec.  622.43  Commercial trip limits.

* * * * *
    (a) Greater amberjack. Until the commercial quota specified in 
Sec.  622.39(a)(1)(v) is reached--7 fish. See Sec.  622.39(b) for the 
limitations regarding greater amberjack after the quota is reached.
* * * * *
[FR Doc. 2024-15873 Filed 7-18-24; 4:15 pm]
BILLING CODE 3510-22-P