[Federal Register Volume 90, Number 162 (Monday, August 25, 2025)]
[Proposed Rules]
[Pages 41365-41375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-16246]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 250813-0141]
RIN 0648-BN30
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic; Amendment 55
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations to implement Amendment 55 to the
Fishery Management Plan for the Snapper-Grouper Fishery of the South
Atlantic (FMP), as prepared and submitted by the South Atlantic Fishery
Management Council (Council). This proposed rule would remove
yellowmouth grouper from the other South Atlantic shallow water grouper
(other SASWG) complex and establish a new scamp and yellowmouth grouper
complex. This proposed rule would establish catch levels, sector
management measures, and accountability measures (AM) for the new scamp
and yellowmouth grouper complex and establish catch levels for the
revised other SASWG complex. In addition, Amendment 55 would establish
a rebuilding plan, sector allocations, and status determination
criteria (SDC) for the scamp and yellowmouth grouper complex. The
purpose of this proposed rule and Amendment 55 is to rebuild the scamp
and yellowmouth grouper stock, and achieve optimum yield (OY) while
minimizing, to the extent practicable, adverse social and economic
effects.
DATES: Written comments must be received on or before September 24,
2025.
ADDRESSES: This proposed rule, including a plain language summary
pursuant to 5 U.S.C. 553(b)(4), is available at: https://www.regulations.gov/docket/NOAA-NMFS-2025-0132.
You may submit comments on the proposed rule, identified by ``NOAA-
NMFS-2024-0132,'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2024-0132'', in the Search
box. Click the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
Mail: Submit written comments to Nikhil Mehta, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Electronic copies of Amendment 55, which includes a fishery impact
statement and a regulatory impact review, may be obtained from the
Southeast Regional Office website at https://www.fisheries.noaa.gov/action/amendment-55-establish-new-scamp-and-yellowmouth-grouper-complex-rebuilding-plan-catch.
The unique identification number for the environmental review for
Amendment 55 is: EAXX-006-48-1SE-1730464344.
FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305,
or email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the South
Atlantic snapper-grouper fishery, which includes scamp, yellowmouth
grouper, and the species in the other SASWG complex, 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 that NMFS and regional fishery
management councils prevent overfishing and achieve, on a continuing
basis, the OY from federally managed fish stocks. These mandates are
intended to ensure that fishery resources are managed for the greatest
overall benefit to the Nation, particularly with respect to providing
food production and recreational opportunities, and protecting marine
ecosystems. To further this goal, the Magnuson-Stevens Act requires
fishery managers to minimize bycatch and bycatch mortality to the
extent practicable.
This action is taken under the statutory authority of the Magnuson-
Steven Act section 303(a)(1) as necessary and appropriate for the
conservation and management of the fishery to prevent overfishing and
to promote the long-term health and stability of the fishery.
Unless otherwise noted, all weights in this proposed rule are
described in round weight.
The South Atlantic stock of scamp was assessed for the first time
through the Southeast Data, Assessment, and Review (SEDAR) 68 Research
Track (RT) assessment in September 2021 (SEDAR 68 RT [2021]). In 2020,
the first stage of the SEDAR 68 data process was a Stock Identification
(ID) Workshop (SEDAR 68 Stock ID Workshop [2020]), which concluded that
scamp are very difficult to distinguish from yellowmouth grouper and
thus, much of the assessment data likely represents both species in
unknown proportions. The SEDAR 68 Stock ID Workshop (2020) recommended
that the stock assessment be conducted on both scamp and yellowmouth
grouper jointly, with the two species treated as a single complex
because of the known species identification issues. This recommendation
resulted in the SEDAR 68 Operational Assessment (OA), which was
completed in 2022 (SEDAR 68 OA [2022]). The stock status for scamp and
yellowmouth grouper was unknown prior to completion of the two
assessments. The Council's Scientific and Statistical Committee (SSC)
reviewed the SEDAR 68 OA (2022) at their April 2023 meeting. The
assessment included data through 2021 and incorporated the revised
landings estimates for recreational catch using the Marine Recreational
Information Program (MRIP) Fishing Effort Survey (FES). The results of
the SEDAR 68 OA assessment indicated that the scamp and yellowmouth
grouper stock is
[[Page 41366]]
overfished but not undergoing overfishing. The Council's SSC determined
that the assessment was conducted using the best scientific information
available, and was adequate for determining stock status and supporting
total fishing level recommendations. NMFS notified the Council of the
overfished status of the scamp and yellowmouth grouper stock via letter
dated September 21, 2023.
Following a notification from NMFS to a Council that a stock is
overfished, the Magnuson-Stevens Act requires the Council to develop an
action to rebuild the affected stock. Therefore, the Council developed
Amendment 55 to respond to the results of SEDAR 68 OA (2022).
Amendment 25 to the FMP (Comprehensive Annual Catch Limit
Amendment)(77 FR 15916, March 16, 2012) established single species and
species complex annual catch limits (ACL) and AMs. Single species ACLs
were established for assessed and targeted species, species where
ACL=0, and species that could not be placed in a complex based on the
criteria below. Scamp was one of the species that met the criteria for
a single species ACL. Complex ACLs for groups of species were
established for other snapper-grouper species using associations based
on one or more of the following: life history, catch statistics from
commercial logbook and observer data, recreational headboat logbook and
private/charter survey data, and fishery-independent data. Based on the
criteria for complex ACLs in Amendment 25, yellowmouth grouper was
included in the other SASWG complex along with red hind, rock hind,
yellowfin grouper, coney, and graysby. Regulatory Amendment 13 to the
FMP updated the commercial and recreational ACLs for select unassessed
species including scamp and yellowmouth grouper (78 FR 36113, June 17,
2013). Amendment 29 to the FMP established the current commercial and
recreational ACLs for scamp and yellowmouth grouper (80 FR 30947, June
1, 2015).
Management Measures Contained in This Proposed Rule
This proposed rule would remove yellowmouth grouper from the other
SASWG complex and establish a new scamp and yellowmouth grouper
complex. For the new complex, this proposed rule would establish the
total ACL, sector ACLs, recreational bag limits, commercial trip
limits, and AMs. This proposed rule would also revise the total ACL and
sector ACLs for the species remaining within the other SASWG complex.
Additionally, Amendment 55 would establish SDC and a rebuilding plan
for the new scamp and yellowmouth grouper complex.
Reorganization of Complexes
Yellowmouth grouper is currently part of the other SASWG complex
containing rock hind, red hind, coney, graysby, yellowmouth grouper,
and yellowfin grouper. This proposed rule would remove yellowmouth
grouper from the other SASWG complex and establish a new complex
containing both scamp and yellowmouth grouper. Rock hind, red hind,
coney, graysby, and yellowfin grouper would remain in the reorganized
other SASWG complex.
Scamp and Yellowmouth Grouper Complex Total ACL
There is currently no acceptable biological catch (ABC) or total
ACL for the new scamp and yellowmouth grouper complex. As described in
Amendment 55, the ABC would be equal to the total ACL for the complex
and an ABC would be established of 67,450 pounds (lb) (30,595 kilograms
(kg)), for the 2025 fishing year; 72,200 lb (32,749 kg), for the 2026
fishing year; 75,050 lb (34,042 kg), for the 2027 fishing year; 77,900
lb (35,335 kg), for the 2028 fishing year; and 79,800 lb (36,197 kg),
for the 2029 and subsequent fishing years. The ABC values are based on
the Council's SSC recommendations based on the latest commercial
landings data and inclusive of recreational data from the MRIP-FES and
are considered to be consistent with the best scientific information
available. The Magnuson-Stevens Act National Standard 1 guidelines
specify that Councils can choose to account for management uncertainty
by setting the ACL less than the ABC, but also states that ACLs may be
set very close to or equal to the ABC. In Amendment 55, the Council
decided to set the total ACL equal to the ABC for the new scamp and
yellowmouth grouper complex. This level of removals is below the
maximum sustainable yield (MSY) and the overfishing limit, and provides
greater assurance that overfishing will be prevented, the long-term
average biomass will be near or above the biomass that would produce
the MSY (BMSY), and the overfished stock complex of scamp
and yellowmouth grouper will be rebuilt within the Council's chosen
rebuilding timeframe.
Scamp and Yellowmouth Grouper Complex Commercial and Recreational ACLs
Amendment 55 would revise the commercial and recreational sector
allocations for scamp and yellowmouth grouper. The current sector ACLs
for scamp are based on the commercial and recreational allocations of
the total ACL at 69.36 percent and 30.64 percent, respectively, and
1.35 percent and 98.65 percent, respectively, for yellowmouth grouper,
that were established through Amendment 25 to the FMP (77 FR 15916,
March 16, 2012). The Council used the distribution of landings to
determine allocations by sector using a formula of (0.5 * catch
history) + (0.5 * current trend) whereby, catch history is equal to the
average landings of 1986 through 2008 and current trend is equal to the
average landings of 2006 through 2008 to determine the existing
allocations.
In Amendment 55, the Council would set the commercial and
recreational sector allocations for the scamp and yellowmouth grouper
complex based on a unique allocation formula (``split reduction
method'') that also accounts for the revisions to the calibrated
recreational landings estimates from the MRIP-FES. This method would
implement the reductions in total harvest needed for the complex and
establish the total ACL and proportionally allocate the total ACL to
each sector, based upon the distribution of landings under more recent
time periods that the Council determined better reflect the way the
fishery is currently operating. The Council chose the 5-year total
average of commercial and recreational (FES) landings from 2018 through
2022, and split the reduction needed from the current total ACL
equitably among the sectors to achieve the reduction in harvest needed
to constrain the harvest to the total ACL. In each subsequent year
throughout the rebuilding plan, as the total ACL increases, the ACL
poundage increase is allocated equally between both sectors and added
to each sector's respective ACL from the previous year. The proposed
commercial and recreational allocation percentages and sector ACLs
would change each year from 2025 through 2029 and then remain set at
the 2029 level. For the commercial sector, allocation percentages would
range from 64.90 to 62.59 percent, and for the recreational sector the
allocation percentages would range from 35.10 to 37.41 percent through
2029.
The current commercial and recreational ACLs for scamp are 219,375
lb (99,507 kg), and 116,369 lb (52,784 kg), respectively. Yellowmouth
grouper is currently part of the other SASWG complex and the commercial
and recreational ACLs for the other SASWG complex are 55,542 lb (25,193
kg), and 48,648 lb (22,066 kg), respectively.
[[Page 41367]]
In Amendment 55, the Council determined that their preferred sector
allocation method more fairly deals with the initial reduction in ACLs
for scamp and yellowmouth grouper that would result from the updated
catch levels, and reduces the proportion of each sector's allowable
catch based on recent landings so that the effect on each sector is
more equitable. Similarly, the Council noted that the new allocations
would achieve a balance between the needs of both sectors and also
increase each sector's allowable catch proportionately on a poundage
basis throughout the rebuilding plan. The Council determined that the
new sector allocation method distributes both fishing restrictions and
recovery benefits for scamp and yellowmouth grouper fairly and
equitably among both sectors in the new complex. In addition, this
allocation method is also reasonably calculated to promote
conservation, since it achieves OY while sector catch limits remain
within the boundaries of a total ACL that is based upon an ABC
recommendation that would end overfishing and rebuild the stock
complex, incorporating the best scientific information available.
When applying the commercial sector allocation percentage as
discussed, the proposed commercial ACLs for the scamp and yellowmouth
grouper complex would be 43,772 lb (19,855 kg) for the 2025 fishing
year; 46,147 lb (20,932 kg) for the 2026 fishing year; 47,572 lb
(21,578 kg) for the 2027 fishing year; 48,997 lb (22,225 kg) for the
2028 fishing year; and 49,947 lb (22,656 kg) for the 2029 and
subsequent fishing years.
When applying the recreational sector allocation percentage as
discussed, the proposed recreational ACLs for the scamp and yellowmouth
grouper complex would be 23,678 lb (10,740 kg) for the 2025 fishing
year; 26,053 lb (11,817 kg) for the 2026 fishing year; 27,478 lb
(12,464 kg) for the 2027 fishing year; 28,903 lb (13,110 kg) for the
2028 fishing year; and 29,853 lb (13,541 kg) for the 2029 and
subsequent fishing years.
Recreational Bag Limits for Scamp and Yellowmouth Grouper
Currently, the recreational bag limit is three scamp or three
yellowmouth grouper per person per day within the overall three fish
grouper and tilefish combined aggregate bag limit. This proposed rule
would establish an aggregate complex bag limit of one fish (either
scamp or yellowmouth grouper) per person per day within the overall
three fish grouper and tilefish combined aggregate bag limit.
Given the reduction in harvest needed to increase the likelihood of
rebuilding the scamp and yellowmouth grouper stock, the Council decided
to establish the proposed aggregate bag limit for these species that
would continue to allow recreational retention while also helping to
constrain recreational harvest to the reduced recreational ACL.
Scamp and Yellowmouth Grouper Complex Commercial Trip Limits
Currently, there is no commercial trip limit for scamp and
yellowmouth grouper either as a species or as an aggregate of species.
This proposed rule would establish an aggregate commercial trip limit
for scamp and yellowmouth grouper of 300 lb (136 kg), gutted weight.
Under the proposed trip limit, the Council determined that there
could be an increased likelihood of the scamp and yellowmouth grouper
portion of the snapper-grouper fishery remaining open and available to
fisherman and consumers for as long as possible while reducing harvest
to ensure the rebuilding plan is achieved.
Scamp and Yellowmouth Grouper Complex Commercial AMs
There are not currently any commercial AMs for the new scamp and
yellowmouth grouper complex. For the new complex, this proposed rule
would establish an in-season commercial closure for the remainder of
the fishing year, if commercial landings for scamp and yellowmouth
grouper, combined, reach or are projected to reach the commercial ACL
of the complex. This proposed rule would also establish post-season AMs
if the combined commercial landings for scamp and yellowmouth grouper
exceed the complex commercial ACL; regardless of stock status or
whether the total ACL was exceeded, the commercial ACL of the complex
for the following fishing year would be reduced by the amount of the
commercial ACL overage in the prior fishing year.
To achieve rebuilding, the Council decided it was important that
the commercial AMs be as effective as possible in preventing commercial
landings from exceeding the commercial ACL. An in-season closure and a
post-season overage adjustment (payback) of the commercial ACL would
ensure that commercial landings remain at or below the proposed
commercial ACL.
Scamp and Yellowmouth Grouper Complex Recreational AMs
There are not currently any recreational AMs for the new scamp and
yellowmouth grouper complex. This proposed rule would establish a post-
season recreational AM. If the combined recreational landings for scamp
and yellowmouth grouper exceed the recreational ACL of the complex,
then the length of the following year's recreational fishing season for
the complex would be reduced by the amount necessary to prevent the
recreational ACL from being exceeded in the following year, regardless
of stock status.
The Council determined that recreational landings estimates are not
timely enough for in-season monitoring of the complex. The proposed
post-season AM is consistent with what the Council has established for
similar snapper-grouper species, in which a season reduction is reliant
on a single trigger: that recreational landings exceed the recreational
ACL. The Council determined that, when triggered, this post-season AM,
would be effective in constraining recreational landings from exceeding
the recreational ACL during the following year.
Other SASWG Complex Total ACL and Sector ACLs
The current ABC for the other SASWG complex that contains rock
hind, red hind, coney, graysby, yellowmouth grouper, and yellowfin
grouper is 104,190 lb (47,260 kg), and was implemented by Amendment 29
to the FMP (80 FR 30947, June 1, 2015). The total ACL was set equal to
the ABC and included recreational estimates from MRIP's Coastal
Household Telephone Survey (CHTS). The current commercial ACL is 55,542
lb (25,193 kg) and the recreational ACL is 48,648 lb (22,066 kg).
Amendment 55 would retain the same ABC for the reorganized other SASWG
complex of 104,190 lb (47,260 kg), while not including yellowmouth
grouper as part of the value. The proposed total ACL for the
reorganized other SASWG complex would be 100,151 lb (45,428 kg), and
would retain recreational estimates from MRIP-CHTS in the estimation of
the total ACL. The commercial ACL would be 53,380 lb (24,213 kg), and
the recreational ACL would be 46,771 lb (21,215 kg). The sector
allocations for the other SAWSG complex would not change in Amendment
55 and would remain at 1.35 percent commercial and 98.65 percent
recreational.
The species within the other SASWG complex are considered data
limited and none of the species in the complex have stock assessments.
Following the Council's SSC Unassessed Stocks Workgroup meeting in
2020, an ABC was recommended, however, this catch level was determined
by the Council's
[[Page 41368]]
SSC by using the third highest landings using distinct years depending
on the species and Only Reliable Catch methodologies, which are both no
longer considered best scientific information available. During the
Council SSC's April 2023 meeting, the SSC recommended that the other
SASWG complex ACL be modified while still retaining the MRIP-CHTS
recreational estimates included in the estimation of the total ACL. The
Council's SSC also recommended that the other SASWG complex ABC and ACL
be revised in the Council's upcoming Unassessed Species Amendment using
MRIP-FES recreational estimates. As the Council's Unassessed Species
Amendment is not expected to be completed until 2026 or later, an
action to update the other SASWG complex ABC and ACL using MRIP-FES
recreational data was not included in Amendment 55. The MRIP-FES based
catch estimates for the other SASWG complex species have not yet been
through a sufficient scientific review process, which the SSC
determined was necessary prior to developing new ABCs and ACLs based on
the FES data. Amendment 55 would also not modify the current commercial
or recreational AMs for the other SASWG complex (50 CFR 622.193(j)).
Management Measures in Amendment 55 Not Codified by This Proposed Rule
In addition to the measures within this proposed rule, Amendment 55
would establish biological reference points or SDC, and establish a
rebuilding plan for the scamp and yellowmouth grouper stock.
Scamp and Yellowmouth Grouper Complex MSY
There is no MSY for the scamp and yellowmouth grouper complex.
Amendment 55 would establish the MSY proxy as the yield when fishing at
the fishing mortality rate (F) that produces a spawning potential ratio
(SPR) of 40 percent for the scamp and yellowmouth grouper complex. MSY
is defined as the largest long-term average catch that can be taken
from a stock under current conditions. Currently, scamp (individually)
and yellowmouth grouper (as part of the other SASWG complex) have MSY
proxies of F30%SPR; however SEDAR 68 OA (2022) recommended an MSY proxy
for the scamp and yellowmouth grouper stock complex of F40%SPR. As
described in Amendment 55, the MSY proxy recommendation is to use
F30%SPR for very resilient stocks and use F40%SPR for species with
life-history characteristics consistent with scamp and yellowmouth
grouper. In March 2023 the Council received a letter from NMFS
Southeast Fisheries Science Center (SEFSC) stating that the best
scientific information available recommends that F40%SPR is more likely
than F30%SPR to achieve a level of biomass that will produce the MSY
for the scamp and yellowmouth grouper stock complex, and therefore, the
Council decided to establish the MSY proxy of F40%SPR for the scamp and
yellowmouth grouper complex.
Scamp and Yellowmouth Grouper Complex Maximum Fishing Mortality
Threshold (MFMT)
There is no MFMT for the scamp and yellowmouth grouper complex.
Amendment 55 would establish a MFMT equal to F40%SPR for the scamp and
yellowmouth grouper complex, with a currently estimated value of 0.28.
MFMT is defined as the level of fishing mortality above which
overfishing is occurring. Currently, scamp (individually) and
yellowmouth grouper (as part of the other SASWG complex) have a MFMT
equal to the MSY proxy of F30%SPR; however, SEDAR 68 OA (2022)
recommended a MFMT equal to the MSY proxy of the yield at F40%SPR for
the scamp and yellowmouth grouper stock complex. The Council determined
that the proposed MFMT is based on the best scientific information
available and would be consistent with the proposed MSY.
Scamp and Yellowmouth Grouper Complex Minimum Stock Size Threshold
(MSST)
There is no MSST for the scamp and yellowmouth grouper complex.
Amendment 55 would establish MSST equal to 75 percent of the spawning
stock biomass (SSB) at F40%SPR, with a currently estimated value of
801.60 metric tons. MSST is defined as the SSB level below which a
stock is declared overfished. Currently, scamp (individually) and
yellowmouth grouper (as part of the other SASWG complex) have a MSST
equal to the SSB at MSY (SSBMSY) times either one minus the
natural mortality (M) or 0.5, whichever is greater. However, SEDAR 68
OA (2022) defined the MSST as 75 percent of SSB at F40%SPR for the
scamp and yellowmouth grouper stock complex. The Council determined
that the proposed MSST for the scamp and yellowmouth grouper stock
complex would be based on the best scientific information available.
Scamp and Yellowmouth Grouper Complex OY
There is no OY for the scamp and yellowmouth grouper complex.
Amendment 55 would establish an OY of 95 percent MSY for the scamp and
yellowmouth grouper complex. In Amendment 55 the OY would be 353,670 lb
(160,422 kg) and the MSY would be 372,280 lb (168,863 kg). OY is the
long-term average yield desired from a stock or fishery as reduced from
MSY for the fishery based on relevant economic, social, and ecological
factors. The Council acknowledged the uncertainty in landings estimates
for scamp and yellowmouth grouper but noted that scientific uncertainty
had been appropriately accounted for and the 5 percent buffer between
OY and the MSY would account for the uncertainty in social, economic,
and biological factors.
Rebuilding Plan for the South Atlantic Scamp and Yellowmouth Grouper
Stock Complex
Amendment 55 would establish a 10-year rebuilding plan for the
complex, which is the longest allowable rebuilding scenario (Tmax)
allowed by the Magnuson-Stevens Act (16 U.S.C. 1854(e)(4)(A)). In
addition, the Magnuson-Stevens Act National Standard 1 guidelines state
that if the stock is projected to rebuild in 10 years or less, then
Tmax is 10 years (50 CFR 600.310(j)(3)(i)(B)(1)). The Council's
preferred choice of the 10-year timeframe for rebuilding beginning in
2025 is intended to reduce the severity of the proposed management
measures and thus result in fewer short-term negative social and
economic impacts on fishing communities.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with Amendment 55, the FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866. This proposed rule is not an
Executive Order 14192 regulatory action because this action is not
significant under Executive Order 12866.
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act (RFA; 5
U.S.C. 603). NMFS has determined that
[[Page 41369]]
this IRFA is consistent with RFA requirements, subject to further
consideration after public comment. The IRFA describes the economic
impact this proposed rule, if adopted, would have on small entities. A
description of the action, why it is being considered, and the legal
basis for this action are contained in the SUMMARY and SUPPLEMENTARY
INFORMATION sections of the preamble. A summary of the IRFA follows. A
copy of the IRFA is available from NMFS (see ADDRESSES).
This proposed rule, if implemented, would: (1) reorganize the other
SASWG complex by removing yellowmouth grouper from it and establish a
new South Atlantic scamp and yellowmouth grouper complex, (2) establish
the total ACL for the scamp and yellowmouth grouper complex, (3)
establish sector ACLs for the scamp and yellowmouth grouper complex
consistent with the sector allocations in Amendment 55, (4) establish
an aggregate scamp and yellowmouth grouper complex recreational bag
limit, (5) establish an aggregate commercial trip limit for scamp and
yellowmouth grouper, (6) establish commercial AMs for the scamp and
yellowmouth grouper complex, (7) establish recreational AMs for the
scamp and yellowmouth grouper complex, and (8) revise the total ACL and
sector ACLs for the other SASWG complex by removing the portions of the
total and sector ACLs that are currently attributed to yellowmouth
grouper.
Actions (1) through (3) and (8), above, would apply to all
commercial fishing businesses, charter vessel and headboat (for-hire)
fishing businesses, and recreational fishers (anglers) that fish for
scamp or yellowmouth grouper in Federal waters of the South Atlantic.
Actions (4) and (7) would only apply to for-hire fishing businesses and
recreational anglers. Finally, actions (5) and (6) would only apply to
commercial fishing businesses. None of the proposed changes would
directly apply to federally-permitted dealers. Any change in the supply
of scamp or yellowmouth grouper available for purchase by dealers as a
result of this proposed rule, and associated economic effects, would be
an indirect effect of this proposed rule and would, therefore, fall
outside the scope of the RFA.
Although many components of this proposed rule would apply to for-
hire vessels, they would not be expected to have any direct effects on
these entities. For-hire vessels sell fishing services to recreational
anglers. The proposed changes to the scamp and yellowmouth grouper
catch limits and management measures would not be expected to directly
alter the services sold by these vessels. Any change in demand for
these fishing services, and associated economic effects, as a result of
this proposed rule would be a consequence of a change in anglers'
behavior and would therefore be indirect. Based on the historically-
minimal level of recreational target effort for scamp and yellowmouth
grouper in the South Atlantic and the number of substitute species
available, NMFS does not expect any change in for-hire trip demand to
result from this proposed rule; however, should it occur, the
associated indirect effects would fall outside the scope of the RFA.
For-hire captains and crew are currently permitted to retain scamp and
yellowmouth grouper under the recreational bag limit; however, they are
not permitted to sell these fish. As such, for-hire captains and crew
are only affected insofar as they fish themselves as recreational
anglers. For purposes of the RFA, recreational anglers are not
considered to be entities, so they are also outside the scope of this
IRFA. Small entities include small businesses, small organizations, and
small governmental jurisdictions (see 5 U.S.C. 601(3) through (6)).
Recreational anglers are not businesses, organizations, or governmental
jurisdictions. Therefore, only the impacts on commercial vessels are
discussed in the IRFA.
As of August 26, 2021, there were 579 valid or renewable South
Atlantic snapper-grouper unlimited permits and 112 valid or renewable
225-lb (102.1 kg) trip-limited permits. On average from 2018 through
2022, there were 137 federally-permitted commercial vessels with
reported landings of scamp or yellowmouth grouper in the South
Atlantic. Their average annual vessel-level gross revenue from all
species for 2018 through 2022 was $82,458 (2022 dollars), and scamp and
yellowmouth grouper accounted for approximately 4.1 percent of this
revenue. For commercial vessels that harvest scamp or yellowmouth
grouper in the South Atlantic, NMFS estimates that economic profits are
-$742 (2022 dollars) or -0.9 percent of annual gross revenue, on
average. The negative value for economic profits presented here does
not necessarily mean the average business is operating at a loss in an
accounting sense, but rather, the owner is not being fully compensated
for their time or asset depreciation when compared to the next best use
of their labor and capital resources. The maximum annual revenue from
all species reported by a single vessel that harvested scamp and
yellowmouth grouper from 2018 through 2022 was $441,332 (2022 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 (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide. All of the commercial fishing
businesses directly regulated by this proposed rule are believed to be
small entities based on the NMFS size standard. No other small entities
that would be directly affected by this proposed rule have been
identified.
This proposed rule would reorganize the other SASWG complex,
removing yellowmouth grouper from it, and establish a new South
Atlantic scamp and yellowmouth grouper complex. These proposed changes
would not directly constrain harvest or fishing effort and are,
therefore, outside the scope of this IRFA.
This proposed rule would also establish a total ACL for the new
scamp and yellowmouth grouper complex, based on the most recent
recommendations from the Council's SSC in response to the SEDAR 68 OA
in 2022 for scamp and yellowmouth grouper. These catch limits would
reflect a shift in recreational reporting units from the MRIP-CHTS to
the MRIP-FES. The total ACL would be set equal to the ABC in each year
of the rebuilding plan according to the values provided in table 1. The
2029 values would remain in effect unless changed by a future Council
action. Because the scamp and yellowmouth grouper complex has not yet
been established and there are no sector allocations for the complex, a
hypothetical status quo allocation of 64.90 percent, based on the
average landings distribution by sector from 2018 through 2022, is used
in Amendment 55 to calculate a de facto commercial ACL. This allows for
a rough assessment of how commercial landings for scamp and yellowmouth
grouper may change under the proposed scamp and yellowmouth grouper
complex total ACL, absent the establishment of sector allocations or
ACLs. Relative to the 5-year average (2018 through 2022) historical
landings of 75,540 lb (34,264 kg) and applying a hypothetical sector
allocation of 64.90 percent, the proposed scamp and yellowmouth grouper
total ACL would result in an expected decrease in commercial landings
during the
[[Page 41370]]
rebuilding timeframe, as shown in table 1. As discussed below,
Amendment 55 and this proposed rule would also establish commercial and
recreational allocation percentages and sector ACLs, and therefore,
economic effects to small entities are quantified as part of that
discussion.
Table 1--Proposed Total ACLs, With Commercial ACLs Based on a Hypothetical Allocation of 64.90 Percent, as
Derived From the Average Scamp and Yellowmouth Grouper Landings Distribution by Sector From 2018 Through 2022
----------------------------------------------------------------------------------------------------------------
Difference between proposed
Commercial ACL in lb commercial ACL and 5 year
Year Total ACL in lb (kg) (kg) average landings (2018-2022)
in lb (kg)
----------------------------------------------------------------------------------------------------------------
2025........................... 67,450 (30,595) 43,772 (19,855) -31,768 (-14,410)
2026........................... 72,200 (32,749) 46,855 (21,253) -28,685 (-13,011)
2027........................... 75,050 (34,042) 48,704 (22,092) -26,836 (-12,173)
2028........................... 77,900 (35,335) 50,554 (22,931) -24,986 (-11,333)
2029+.......................... 79,800 (36,197) 51,787 (23,490) -23,753 (-10,774)
----------------------------------------------------------------------------------------------------------------
Amendment 55 and this proposed rule would set scamp and yellowmouth
grouper sector allocations and sector ACLs in 2025 proportional to each
sector's share of total average landings (commercial and recreational
combined) from 2018 through 2022 (table 2). In subsequent years, as the
total ACL increases, the total ACL poundage increase would be split
equally between both sectors and added to each sector's ACL from the
previous year. This, in effect, would gradually shift the allocation
percentages over time. The 2029 values would remain in effect unless
changed by future Council action. As shown in table 2, the combined
economic effects of the proposed ACLs, in conjunction with the proposed
revisions to the commercial allocation, are estimated to be negative,
but modestly improving, from 2025 through 2029. In 2029 and in
subsequent years, ex-vessel revenues are estimated to be static. This
analysis utilizes a round weight to gutted weight conversion factor of
1.18 and an average ex-vessel price of $7.44 per lb, gutted weight
(2022 dollars). This analysis also assumes the full commercial ACL
would be harvested each year and that value is compared to average
annual commercial landings from 2018 through 2022. The average per
vessel estimates are calculated by dividing the total estimated change
in ex-vessel revenue by the average number of vessels with reported
landings of scamp and yellowmouth grouper from 2018 through 2022. On
average from 2025 through 2029, the per vessel loss in ex-vessel
revenue would be $1,300 per year (less than 2 percent of average annual
per vessel revenue). It is noted that scamp and yellowmouth grouper
make up a relatively small portion of annual gross revenue for vessels
that land the species (4.1 percent), and on trips where these species
are harvested, they comprise less than 11 percent of trip revenue, on
average (2018 to 2022). Additionally, anecdotal information suggests
these species are not typically targeted but are often caught while
fishing for other snapper-grouper species. Therefore, NMFS assumes
scamp and yellowmouth grouper are harvested as secondary, if not
incidental, species on trips targeting other species and that this
proposed rule would not materially affect fishing behavior, effort, or
operating costs. As a result, the estimated reductions in annual ex-
vessel revenue shown in table 2 are assumed to be straight losses in
per vessel annual economic profits ranging from $1,178 to $1,462 (2022
dollars). These decreases would exacerbate the already negative average
economic profits of affected small entities. Individual fishing
businesses, however, may experience varying levels of economic effects,
depending on their overall fishing practices, operating
characteristics, and profit maximization strategies.
Table 2--Proposed Commercial Allocations and Commercial ACLs With Changes in Expected Landings and Ex-Vessel Revenue Relative to the Status Quo
[Measured by average landings and ex-vessel revenue from 2018-2022]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average per
Change in landings in Change in ex-vessel vessel change
Year Commercial Commercial ACL in lb lb (kg) gutted weight revenue relative to no in ex-vessel
allocation (kg) relative to no action action (status quo) revenue (2022
(status quo) (2022 dollars) dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2025............................................ 0.6490 43,772 (19,855) -26,922 (-12,212) -$200,300 -$1,462
2026............................................ 0.6392 46,147 (20,932) -24,909 (-11,299) -185,325 -1,353
2027............................................ 0.6339 47,572 (21,578) -23,702 (-10,751) -176,341 -1,287
2028............................................ 0.6290 48,997 (22,225) -22,494 (-10,203) -167,356 -1,222
2029+........................................... 0.6259 49,947 (22,656) -21,689 (-9,838) -161,366 -1,178
--------------------------------------------------------------------------------------------------------------------------------------------------------
In addition to the changes mentioned above, this proposed rule
would establish an aggregate commercial trip limit of 300 lb (136 kg),
gutted weight, for scamp and yellowmouth grouper. Under status quo
management, where yellowmouth grouper is included in the other SASWG
complex and scamp is managed individually, implementation of the
proposed commercial trip limit would be expected to reduce commercial
scamp and yellowmouth grouper landings by 7.96 percent or 5,096 lb
(2,312 kg), gutted weight, per year. This reduction in landings would
[[Page 41371]]
represent an estimated annual loss of $37,912 (2022 dollars) in ex-
vessel revenue and economic profits to the commercial sector. However,
the proposed trip limit would be established in conjunction with the
proposed scamp and yellowmouth grouper complex commercial ACLs (table
2) and NMFS expects the commercial sector to fully harvest its ACL
during each year of the rebuilding timeframe, even with the proposed
300 lb (136 kg), gutted weight, commercial trip limit in place.
Therefore, these economic effects would be subsumed under those
described for the proposed allocations and commercial ACLs (table 2).
In general, reducing the commercial trip limit, even if aggregate
landings and ex-vessel revenue remain the same, may reduce the economic
efficiency of individual trips, which may have negative consequences on
economic profits. These effects cannot be quantified with existing
data.
This proposed rule would also establish commercial AMs for the
scamp and yellowmouth grouper complex, such that if commercial landings
reach or are projected to reach the commercial ACL, commercial harvest
of scamp and yellowmouth grouper would be closed for the remainder of
the fishing year. In addition, under the proposed commercial AMs, if
commercial landings of the complex exceed the commercial ACL of the
complex, regardless of stock status or whether the total ACL was
exceeded, the commercial ACL for the following fishing year would be
reduced by the amount of the commercial ACL overage in the prior
fishing year. These proposed AMs would help ensure that commercial
landings are constrained to the proposed commercial ACLs. In the event
of an overage of the commercial ACL of the complex, commercial fishing
businesses would be expected to experience reduced landings, ex-vessel
revenue, and economic profits in the following year due to a reduced
commercial ACL; however, this would be at least partially offset by the
additional landings that occurred over and above the commercial ACL in
the year of the overage. These effects cannot be quantified with
available data.
Finally, this proposed rule would revise the total ACL and sector
ACLs for the other SASWG complex by subtracting the 4,039 lb (1,832 kg)
from the total ACL that is currently attributed to yellowmouth grouper.
The new total ACL would be 100,151 lb (45,428 kg). Applying the current
sector allocations for the other SASWG complex of 53.3 percent
commercial and 46.7 percent recreational, the new commercial ACL for
that complex would be 53,380 lb (24,213 kg) and the new recreational
ACL would be 46,771 lb (21,215 kg). Because the reductions to the total
and sector ACLs for the other SASWG complex would be equivalent to only
what is currently attributed to yellowmouth grouper, no additional
economic effects relative to those already described above for the
proposed new scamp and yellowmouth grouper complex would be expected.
Three Alternatives to the Proposed Action To Establish an ABC and ACL
for the New Complex
Three alternatives were considered for the proposed action to
establish an ABC and total ACL for the new scamp and yellowmouth
grouper complex. The first alternative, the no action alternative,
would not establish an ABC or total ACL, and therefore would not be
expected to constrain harvest or result in direct economic effects when
compared to recent 5-year average landings and the existing separate
ACLs for the two grouper species. This alternative was not selected by
the Council because it would be inconsistent with the Council SSC's
latest catch limit recommendations for scamp and yellowmouth grouper,
the requirements of the Magnuson-Stevens Act for the proposed new scamp
and yellowmouth grouper complex, and the transition to the MRIP-FES.
The second alternative to the proposed action to establish an ABC
and total ACL for the scamp and yellowmouth grouper complex would adopt
the revised ABCs recommended by the Council's SSC; however, it would
set the total ACL equal to 95 percent of the ABC. The change in weight
(lb/kg) between the total ACLs under this alternative and the total ACL
in this proposed rule, along with the expected change in ex-vessel
revenue are provided in table 3. Relative to the proposed total ACLs
and assuming a hypothetical commercial allocation of 64.90 percent
(based on the distribution of historical landings by sector from 2018
through 2022), this alternative would reduce the de facto commercial
ACL by a range of 2,188 lb (992 kg) in 2025 to 2,589 lb (1,174 kg) in
2029 and subsequent years (table 3). Assuming the commercial ACL would
be harvested in full under either the proposed action or the second
alternative to the proposed total ACL action, this translates to an
additional loss in ex-vessel revenue and economic profits of $13,797
(2022 dollars) to $16,326 or $15,237 on average (2025 through 2029).
The Council did not select the second alternative because they
determined (1) that it would be less effective at achieving the
objectives of the FMP; and (2) that the current ACL monitoring
mechanisms in the South Atlantic, coupled with the existing and
proposed management measures, would be sufficient to prevent overages
of the total ACL, and thus would not require a buffer between the ABC
and total ACL.
Table 3--Differences in Total ACL, Commercial ACL, and Ex-Vessel Revenue Under the Second Alternative to the Proposed Action To Establish an ABC and
Total ACL for the Scamp and Yellowmouth Grouper Complex, Relative to the Proposed Action
--------------------------------------------------------------------------------------------------------------------------------------------------------
Difference in
Total ACL in lb commercial ACL in lb Change in
Year Proposed total ACL (kg) under Difference in total (kg) using potential ex-
in lb (kg) Alternative 2 ACL in lb (kg) allocation of 64.90 vessel revenue
percent (2022 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2025................................................ 67,450 (30,595) 64,078 (29,065) -3,372 (-1,530) -2,188 (-992) -$13,797
2026................................................ 72,200 (32,749) 68,590 (31,112) -3,610 (-1,637) -2,343 (-1,063) -14,771
2027................................................ 75,050 (34,042) 71,298 (32,340) -3,752 (-1,702) -2,435 (-1,104) -15,352
2028................................................ 77,900 (35,335) 74,005 (33,568) -3,895 (-1,767) -2,528 (-1,147) -15,937
2029+............................................... 79,800 (36,197) 75,810 (34,387) -3,990 (-1,810) -2,589 (-1,174) -16,326
--------------------------------------------------------------------------------------------------------------------------------------------------------
The third alternative to the proposed action to establish an ABC
and total ACL for the scamp and yellowmouth grouper complex would adopt
the revised ABCs recommended by the Council's SSC; however, it would
set
[[Page 41372]]
the total ACL equal to 90 percent of the ABC. The change in weight (lb/
kg) between the total ACLs under this alternative and the total ACL in
this proposed rule, along with the expected change in ex-vessel revenue
are provided in table 4. Relative to the proposed total ACLs and
assuming a hypothetical commercial allocation of 64.90 percent (based
on the distribution of historical landings by sector from 2018 through
2022), this third alternative would reduce the de facto commercial ACL
by a range of 4,377 lb (1,985 kg) in 2025 to 5,179 lb (2,349 kg) in
2029 and subsequent years (table 4). Assuming the commercial ACL would
be harvested in full under either the proposed action or the third
alternative to the proposed total ACL action, this translates to an
additional loss in ex-vessel revenue and economic profits, relative to
the proposed action, of $27,599 (2022 dollars) to $32,652 or $30,475 on
average (2025 through 2029). The Council did not select the third
alternative because they determined (and NMFS agrees) (1) that it would
be less effective at achieving the objectives of the FMP; and (2) that
the current ACL monitoring mechanisms in the South Atlantic, coupled
with the existing and proposed management measures, would be sufficient
to prevent overages of the total ACL; therefore, a buffer between the
ABC and the total ACL as provided in alternative 3 would not be
required.
Table 4--Differences in Total ACL, Commercial ACL, and Ex-Vessel Revenue Under the Third Alternative to the Proposed Action To Establish an ABC and
Total ACL for the Scamp and Yellowmouth Grouper Complex, Relative to the Proposed Action
--------------------------------------------------------------------------------------------------------------------------------------------------------
Difference in
Total ACL in lb commercial ACL in lb Change in
Year Proposed total ACL (kg) under Difference in total (kg) using potential ex-
in lb (kg) Alternative 3 ACL in lb (kg) allocation of 64.90 vessel revenue
percent (2022 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2025................................................ 67,450 (30,595) 60,705 (27,535) -6,745 (-3,059) -4,377 (-1,985) -$27,599
2026................................................ 72,200 (32,749) 64,980 (29,474) -7,220 (-3,275) -4,685 (-2,125) -29,542
2027................................................ 75,050 (34,042) 67,545 (30,638) -7,505 (-3,404) -4,870 (-2,209) -30,708
2028................................................ 77,900 (35,335) 70,110 (31,801) -7,790 (-3,533) -5,055 (-2,293) -31,874
2029+............................................... 79,800 (36,197) 71,820 (32,577) -7,980 (-3,620) -5,179 (-2,349) -32,652
--------------------------------------------------------------------------------------------------------------------------------------------------------
Two Alternatives to the Proposed Action To Establish Sector Allocations
and Sector ACLS for the New Complex
Two alternatives were considered for the proposed action to
establish scamp and yellowmouth grouper sector allocations and sector
ACLs. The first alternative, the no action alternative, would not set
sector allocations, and thus commercial and recreational landings
combined would be constrained by the total ACL, as opposed to having
individual commercial and recreational ACLs. As a result, it is assumed
that the proportion of the total ACL harvested by each sector would
remain similar to the recent 5-year average of landings (2018 through
2022), with the commercial sector accounting for 64.90 percent of the
total ACL. Relative to the proposed allocation, this alternative, when
applied to the proposed total ACLs in table 1, would result in an
increase in ex-vessel revenue and economic profits that ranges from $0
to $11,599 (table 5) or $6,602 on average (2025 through 2029). The
Council did not select the first alternative to the proposed sector
ACLs because this alternative would not establish sector allocations
and, therefore, would not be as effective at achieving the objectives
of the FMP, and would not align with the purpose of this proposed rule
and Amendment 55.
Table 5--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the First Alternative to the Proposed Allocation, Relative to
the Proposed Allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Change in
Proposed Alternative 1 Commercial ACL in commercial ACL in Change in
Year commercial to proposed lb (kg) under lb (kg) under potential ex-
allocation allocation Alternative 1 Alternative 1 vessel revenue
allocation allocation (2022 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2025.............................................................. 0.6490 0.6490 43,772 (19,855) 0 (0) $0
2026.............................................................. 0.6392 0.6490 46,855 (21,253) 708 (321) 4,461
2027.............................................................. 0.6339 0.6490 48,704 (22,092) 1,132 (513) 7,138
2028.............................................................. 0.6290 0.6490 50,554 (22,931) 1,557 (706) 9,814
2029+............................................................. 0.6259 0.6490 51,787 (23,490) 1,840 (835) 11,599
--------------------------------------------------------------------------------------------------------------------------------------------------------
The second alternative to the proposed allocation would set scamp
and yellowmouth grouper sector allocations and sector ACLs in 2025
proportional to each sector's share of total average landings
(commercial and recreational combined) from 2013 through 2022 (table
6). In subsequent years, as the total ACL increases, the total ACL
poundage increase would be split equally between both sectors and added
to each sector's ACL from the previous year. This, in effect, would
gradually shift the allocation percentages over time. The 2029 values
would remain in effect unless changed by future Council action.
Relative to the proposed allocation, this alternative, when applied to
the proposed total ACLs in table 1, would result in an average annual
decrease in ex-vessel revenue and economic profits of approximately
$6,379 (table 6). The Council did not select this second alternative to
the proposed sector ACLs because they determined the 10-year average
used to calculate the initial allocation in 2025 was less
representative of the current fishery
[[Page 41373]]
and, therefore, would be less effective at achieving the objectives of
the FMP.
Table 6--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the Second Alternative to the Proposed Allocation, Relative to
the Proposed Allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Change in Change in
Proposed Alternative 2 Commercial ACL in commercial ACL potential ex-
Year commercial to proposed lb (kg) under in lb (kg) under vessel
allocation allocation Alternative 2 Alternative 2 revenue (2022
allocation allocation dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2025.............................................................. 0.6490 0.6340 42,763 (19,397) -1,009 (-458) -$6,360
2026.............................................................. 0.6392 0.6251 45,132 (20,472) -1,015 (-460) -$6,398
2027.............................................................. 0.6339 0.6204 46,561 (21,120) -1,011 (-459) -$6,374
2028.............................................................. 0.6290 0.6160 47,986 (21,766) -1,011 (-459) -$6,372
2029+............................................................. 0.6259 0.6132 48,933 (22,196) -1,014 (-460) -$6,391
--------------------------------------------------------------------------------------------------------------------------------------------------------
Four Alternatives to the Proposed Action To Establish a Commercial Trip
Limit
Four alternatives were considered for the proposed action to
establish a commercial trip limit of 300 lb (136 kg), gutted weight.
The first alternative, the no action alternative, would not establish a
commercial trip limit. Therefore, it would not be expected to change
fishing practices or commercial harvests of scamp and yellowmouth
grouper, nor would it be expected to result in direct economic effects.
This alternative was not chosen by the Council because it would be less
effective at constraining harvest to the proposed commercial catch
levels and would lead to a shorter commercial fishing season.
The second alternative to the proposed commercial trip limit of 300
lb (136 kg), gutted weight, would set the commercial trip limit at 200
lb (91 kg), gutted weight. Under status quo management, under which
yellowmouth grouper is included in the other SASWG complex and scamp is
managed individually, implementation of the proposed commercial trip
limit would be expected to reduce commercial scamp and yellowmouth
grouper landings by 16.52 percent or 10,576 lb (4,797 kg), gutted
weight, per year. Relative to the proposed commercial trip limit, this
second alternative would result in an estimated annual reduction in ex-
vessel revenue and economic profit that is $40,770 (2022 dollars)
greater. However, this second alternative to the proposed commercial
trip limit would be established in conjunction with the proposed scamp
and yellowmouth grouper complex commercial ACLs (table 2) and NMFS
expects the commercial sector would fully harvest its ACL each year of
the rebuilding timeframe, even with a 200 lb (91 kg), gutted weight,
commercial trip limit in place. Therefore, these economic effects would
be subsumed under those described for the proposed allocations and
commercial ACLs (table 2). In general, a lower commercial trip limit
may reduce economic efficiency on commercial trips, which may lead to a
reduction in economic profits. These effects cannot be quantified with
existing data. This alternative was not chosen by the Council because
the lower trip limit would make trips to catch scamp and yellowmouth
grouper too costly and inefficient.
The third alternative to the proposed commercial trip limit of 300
lb (136 kg), gutted weight, would set the commercial trip limit at 400
lb (181 kg), gutted weight. Under status quo management, implementation
of this third alternative to the proposed commercial trip limit would
be expected to reduce commercial scamp and yellowmouth grouper landings
by 4.35 percent or 2,785 lb (1,263 kg), gutted weight, per year.
Relative to the proposed commercial trip limit, this alternative would
result in an estimated annual reduction in ex-vessel revenue and
economic profit that is $17,194 (2022 dollars) smaller. However, the
commercial trip limit would be established in conjunction with the
proposed commercial ACLs (table 2) and NMFS expects the commercial
sector would fully harvest its ACL each year of the rebuilding
timeframe with a 400 lb (181 kg), gutted weight, commercial trip limit
in place. Therefore, these economic effects would be subsumed under
those described for the proposed allocations and commercial ACLs (table
2). In general, a less restrictive commercial trip limit may increase
economic efficiency on commercial trips, which may lead to an increase
in economic profits. These effects cannot be quantified with existing
data. This alternative was not chosen by the Council because it would
be less effective at constraining harvest to the proposed commercial
catch levels and would lead to a shorter commercial fishing season.
The fourth alternative to the proposed commercial trip limit of 300
lb (136 kg), gutted weight, would set the commercial trip limit at 500
lb (227 kg), gutted weight. Under status quo management, implementation
of this fourth alternative to the proposed commercial trip limit would
be expected to reduce commercial scamp and yellowmouth grouper landings
by 2.46 percent or 1,575 lb (714 kg), gutted weight, per year. Relative
to the proposed commercial trip limit, this alternative would result in
an estimated annual reduction in ex-vessel revenue and economic profit
that is $26,196 (2022 dollars) smaller. However, the commercial trip
limit would be established in conjunction with the proposed commercial
ACLs (table 2) and NMFS expects the commercial sector would fully
harvest its ACL each year of the rebuilding timeframe with a 500 lb
(227 kg), gutted weight, commercial trip limit in place. Therefore,
these economic effects would be subsumed under those described for the
proposed allocations and commercial ACLs (table 2). Again, a less
restrictive commercial trip limit may increase economic efficiency on
commercial trips, which may lead to an increase in economic profits.
These effects cannot be quantified with existing data. This alternative
was not chosen by the Council because it would be less effective at
constraining harvest to the proposed commercial catch levels and would
lead to a shorter commercial fishing season.
Two Alternatives to the Proposed Action To Establish Commercial AMs for
the New Complex
Two alternatives were considered for the proposed action to
establish commercial AMs for the scamp and
[[Page 41374]]
yellowmouth grouper complex. The first alternative, the no action
alternative, would not establish commercial AMs and therefore would
have no direct economic effects on any small entities. This alternative
was not chosen by the Council because the Magnuson-Stevens Act requires
AMs to be implemented for stocks.
The second alternative to the proposed commercial AMs action would
establish commercial AMs for the scamp and yellowmouth grouper complex,
such that, if commercial landings reach or are projected to reach the
commercial ACL, commercial harvest of scamp and yellowmouth grouper
would be closed for the remainder of the fishing year. Under this
alternative, if commercial landings exceed the commercial ACL, the
total ACL is exceeded, and the scamp and yellowmouth grouper complex is
overfished, the commercial ACL for the following fishing year would be
reduced by the amount of the commercial ACL overage in the prior
fishing year. This second alternative would be less likely to result in
an overage adjustment (payback) of commercial ACL overages than the
proposed commercial AMs because, under this second alternative, the
overage adjustments wouldn't be triggered unless additional conditions
are met. As a result, the second alternative would be less likely to
negatively impact commercial fishing businesses through reduced
commercial ACLs in years following commercial ACL overages. This
alternative was not chosen by the Council because it would be less
effective at constraining harvest to the proposed commercial catch
levels, thereby reducing protection to the scamp and yellowmouth
grouper stock.
One Alternative to the Proposed Action To Revise the Total and Sector
ACLs for the Other SASWG Complex
Finally, one alternative was considered for the proposed action to
revise the total ACL and sector ACL for the other SASWG complex. This
alternative, the no action alternative, would not adjust the other
SASWG complex total and sector ACL to account for the removal of
yellowmouth grouper from the complex. The total ACL for this complex
would remain at 104,190 lb (47,260 kg) and the commercial ACL would
remain at 55,542 lb (25,193 kg). The Council did not select this
alternative because it would retain catch levels that are inclusive of
yellowmouth grouper and would therefore be inconsistent with the
proposed new scamp and yellowmouth grouper complex and associated catch
levels. Under this alternative, catch levels for the remaining species
in the other SASWG complex would be too high and would not provide
adequate protection to those stocks, and therefore would be
inconsistent with the Magnuson-Stevens Act and the FMP.
No duplicative, overlapping, or conflicting Federal rules have been
identified. In addition, no new reporting, record-keeping, or other
compliance requirements are introduced by this proposed rule. This
proposed rule contains no information collection requirements under the
Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Recreational, Scamp, Snapper-
grouper, South Atlantic, Yellowmouth grouper.
Dated: August 14, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 622 as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.187, revise paragraphs (b)(2)(iii), (iv), and (v), and
add paragraph (b)(2)(vi) to read as follows:
Sec. 622.187 Bag and possession limits.
* * * * *
(b) * * *
(2) * * *
(iii) No more than one fish may be a golden tilefish; (iv) No more
than two fish may be blueline tilefish. However, no blueline tilefish
may be retained by the captain or crew of a vessel operating as a
charter vessel or headboat. The bag limit for such captain and crew is
zero; and
(v) No more than one fish may be a scamp or a yellowmouth grouper,
combined.
(vi) No goliath grouper or Nassau grouper may be retained.
* * * * *
0
3. In Sec. 622.191, add paragraph (a)(16) to read as follows:
Sec. 622.191 Commercial trip limits.
* * * * *
(a) * * *
(16) Scamp and yellowmouth grouper, combined. Until the applicable
commercial ACL specified in Sec. 622.193(i)(1)(i) is reached, 300 lb
(136 kg), gutted weight. See Sec. 622.193(i)(1)(i) for the limitations
regarding scamp and yellowmouth grouper after the applicable commercial
ACL is reached.
* * * * *
0
4. In Sec. 622.193, revise paragraphs (i) and (j) to read as follows:
Sec. 622.193 Annual catch limits (ACLs) and accountability measures
(AMs).
* * * * *
(i) Scamp and yellowmouth grouper, combined--(1) Commercial sector.
(i) If commercial landings for scamp and yellowmouth grouper, combined,
as estimated by the SRD, reach or are projected to reach the applicable
commercial ACL, 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. On and after the effective date of such a
notification, all sale or purchase of scamp and yellowmouth grouper is
prohibited and harvest or possession of scamp and yellowmouth grouper
in or from the South Atlantic EEZ is limited to the bag and possession
limits. These bag and possession limits apply in the South Atlantic on
board a vessel for which a valid Federal commercial or charter vessel/
headboat permit for South Atlantic snapper-grouper has been issued,
without regard to where such species were harvested, i.e., in state or
Federal waters. The commercial ACL for scamp and yellowmouth grouper,
combined, is 43,772 lb (19,855 kg), round weight, for the 2025 fishing
year; 46,147 lb (20,932 kg), round weight, for the 2026 fishing year;
47,572 lb (21,578 kg), round weight, for the 2027 fishing year; 48,997
lb (22,225 kg), round weight, for the 2028 fishing year; and 49,947 lb
(22,656 kg), round weight, for the 2029 and subsequent fishing years.
(ii) If commercial landings for scamp and yellowmouth grouper,
combined, as estimated by the SRD, exceed the applicable commercial ACL
specified in paragraph (i)(1)(i) of this section, and regardless of the
stock status of either species and whether the total ACL specified in
paragraph (i)(1)(iii) of this section is exceeded, then during the
following fishing year, the AA will file a notification with the Office
of the Federal Register to reduce the applicable commercial ACL
specified in paragraph (i)(1)(i) of this section by the amount of the
commercial ACL overage.
(2) Recreational sector. If recreational landings for scamp and
yellowmouth grouper, combined, as estimated by the SRD, exceed the
applicable recreational ACL, and regardless of the stock status of
either species, then in the following
[[Page 41375]]
fishing year, the AA will file a notification with the Office of the
Federal Register to reduce the length of the recreational fishing
season to ensure that the recreational ACL is not exceeded. On and
after the effective date of such a notification, the bag and possession
limits for scamp and yellowmouth grouper in or from the South Atlantic
EEZ are zero. The recreational ACL for scamp and yellowmouth grouper,
combined, is 23,678 lb (10,740 kg), round weight, for the 2025 fishing
year; 26,053 lb (11,817 kg), round weight, for the 2026 fishing year;
27,478 lb (12,464 kg), round weight, for the 2027 fishing year; 28,903
lb (13,110 kg), round weight, for the 2028 fishing year; and 29,853 lb
(13,541 kg), round weight, for the 2029 and subsequent fishing years.
(3) Total ACL. The total ACL for scamp and yellowmouth grouper,
combined, is 67,450 lb (30,595 kg), round weight, for the 2025 fishing
year; 72,200 lb (32,749 kg), round weight, for the 2026 fishing year;
75,050 lb (34,042 kg), round weight, for the 2027 fishing year; 77,900
lb (35,335 kg), round weight, for the 2028 fishing year; 79,800 lb
(36,197 kg), round weight, for the 2029 and subsequent fishing years.
(j) Other SASWG complex (including red hind, rock hind, yellowfin
grouper, coney, and graysby)--(1) Commercial sector. (i) If commercial
landings for other SASWG combined, as estimated by the SRD, reach or
are projected to reach the commercial ACL of 53,380 lb (24,213 kg),
round weight, the AA will file a notification with the Office of the
Federal Register to close the commercial sector for this complex for
the remainder of the fishing year. On and after the effective date of
such a notification, all sale or purchase of red hind, rock hind,
yellowfin grouper, coney, and graysby is prohibited, and harvest or
possession of any of these species in or from the South Atlantic EEZ is
limited to the bag and possession limits. These bag and possession
limits apply in the South Atlantic on board a vessel for which a valid
Federal commercial or charter vessel/headboat permit for South Atlantic
snapper-grouper has been issued, without regard to where such species
were harvested, i.e., in state or Federal waters.
(ii) If commercial landings for other SASWG combined, as estimated
by the SRD, exceed the commercial ACL, and the combined commercial and
recreational ACL of 100,151 lb (45,428 kg), round weight, is exceeded,
and at least one of the species in other SASWG combined is overfished
based on the most recent status of U.S. Fisheries Report to Congress,
the AA will file a notification with the Office of the Federal Register
to reduce the commercial ACL for that following fishing year by the
amount of the commercial ACL overage in the prior fishing year.
(2) Recreational sector. (i) If recreational landings for other
SASWG combined, as estimated by the SRD, reach or are projected to
reach the recreational ACL of 46,771 lb (21,215 kg), round weight, the
AA will file a notification with the Office of the Federal Register to
close the recreational sector for the remainder of the fishing year
regardless if any stock in other SASWG combined is overfished, unless
NMFS determines that no closure is necessary based on the best
scientific information available. On and after the effective date of
such a notification, the bag and possession limits for any species in
the other SASWG combined in or from the South Atlantic EEZ are zero.
(ii) If recreational landings for other SASWG combined, as
estimated by the SRD, exceed the recreational ACL, then during the
following fishing year recreational landings will be monitored for a
persistence in increased landings, and if necessary, the AA will file a
notification with the Office of the Federal Register to reduce the
length of the recreational fishing season and the recreational ACL by
the amount of the recreational ACL overage, if at least one of the
species in other SASWG combined is overfished based on the most recent
Status of U.S. Fisheries Report to Congress, and if the combined
commercial and recreational ACL of 100,151 lb (45,428 kg), round
weight, is exceeded during the same fishing year. NMFS will use the
best scientific information available to determine if reducing the
length of the recreational fishing season and recreational ACL is
necessary. When the recreational sector is closed as a result of NMFS
reducing the length of the recreational fishing season and ACL, the bag
and possession limits for any species in the other SASWG combined in or
from the South Atlantic EEZ are zero.
* * * * *
[FR Doc. 2025-16246 Filed 8-22-25; 8:45 am]
BILLING CODE 3510-22-P