Proposed Rule2022-20705
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Amendment 50
Primary source
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Published
September 26, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes regulations to implement Amendment 50 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). For red porgy, this proposed rule would revise the sector annual catch limits (ACLs), commercial seasonal quotas, commercial trip limits, recreational bag and possession limits, recreational fishing season, and recreational accountability measures (AMs). In addition, Amendment 50 would establish a new rebuilding plan, and revise the acceptable biological catch (ABC), annual optimum yield (OY), and sector allocations. The purpose of this proposed rule and Amendment 50 is to end overfishing of red porgy, rebuild the stock, and achieve OY while minimizing, to the extent practicable, adverse social and economic effects.
Full Text
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<title>Federal Register, Volume 87 Issue 185 (Monday, September 26, 2022)</title>
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[Federal Register Volume 87, Number 185 (Monday, September 26, 2022)]
[Proposed Rules]
[Pages 58302-58307]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20705]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 220919-0194]
RIN 0648-BL46
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic; Amendment 50
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 50 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). For red porgy, this proposed rule would
revise the sector annual catch limits (ACLs), commercial seasonal
quotas, commercial trip limits, recreational bag and possession limits,
recreational fishing season, and recreational accountability measures
(AMs). In addition, Amendment 50 would establish a new rebuilding plan,
and revise the acceptable biological catch (ABC), annual optimum yield
(OY), and sector allocations. The purpose of this proposed rule and
Amendment 50 is to end overfishing of red porgy, rebuild the stock, and
achieve OY while minimizing, to the extent practicable, adverse social
and economic effects.
DATES: Written comments must be received on or before October 26, 2022.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2022-0054,'' by either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter ``NOAA-NMFS-2022-0054'', in the Search
box. Click the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
<bullet> Mail: Submit written comments to Frank Helies, 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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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 50, which includes a fishery impact
statement and a regulatory impact review, may be obtained from the
Southeast Regional Office website at <a href="https://www.fisheries.noaa.gov/action/amendment-50-catch-level-adjustments-rebuilding-schedule-and-allocations-red-porgy/">https://www.fisheries.noaa.gov/action/amendment-50-catch-level-adjustments-rebuilding-schedule-and-allocations-red-porgy/</a>.
FOR FURTHER INFORMATION CONTACT: Frank Helies, telephone: 727-824-5305,
or email: <a href="/cdn-cgi/l/email-protection#46203427282d682e232a2f2335062829272768212930"><span class="__cf_email__" data-cfemail="c2a4b0a3aca9ecaaa7aeaba7b182acada3a3eca5adb4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The South Atlantic snapper-grouper fishery,
which includes red porgy, is managed under the FMP. The FMP was
prepared by the Council and implemented through regulations at 50 CFR
part 622 under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
Background
The Magnuson-Stevens Act requires that NMFS and 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.
In 1990, a stock assessment for red porgy was completed and it was
determined that the stock was subject to overfishing and overfished. As
a result of that stock status, Amendment 4 to the FMP established an
initial rebuilding plan and implemented a minimum size limit for red
porgy (56 FR 56016; October 31, 1991). The rebuilding plan was put into
effect in 1991 with a target time to rebuild of 10 years. The stock was
again assessed in 1999 and again was determined to be subject to
overfishing and overfished. Through an emergency rule published in
1999, NMFS prohibited the harvest and possession of red porgy in or
from the exclusive economic zone off the southern Atlantic states (64
FR 48324; September 3, 1999). NMFS subsequently extended the emergency
rule to prohibit the harvest and possession of red porgy through August
28, 2000 (65 FR 10039; February 25, 2000).
The final rule to implement Amendment 12 to the FMP replaced the
emergency rule and closed commercial harvest during the red porgy peak
spawning season, reduced the commercial trip limit, and reduced the
recreational bag limit (65 FR 51248; August 23, 2000). Amendment 12
also specified a new 18-year rebuilding plan, which began with the
implementation of the emergency rule that prohibited harvest on
September 3, 1999. The red porgy stock was assessed again in 2002, as
the first stock in the South Atlantic to be assessed through the
Southeast Data, Assessment, and Review (SEDAR) process (SEDAR 1). The
SEDAR 1 assessment indicated the stock was overfished but not
undergoing overfishing. Subsequent update assessments in 2006 and 2012
also resulted in the same stock status determinations as the 2002 SEDAR
1 assessment.
The most recent SEDAR stock assessment for South Atlantic red porgy
(SEDAR 60) was completed in April 2020. The assessment included data
through 2017 and incorporated the revised estimates for recreational
catch from the Marine Recreational Information Program Fishing Effort
Survey (MRIP FES), as discussed later in this proposed rule. The
Council's Scientific and Statistical Committee (SSC) reviewed SEDAR 60
at their April 2020 meeting and found that the assessment was conducted
using the best scientific information available, and was adequate for
determining stock status and supporting fishing level recommendations.
The findings of the assessment indicated that the South Atlantic red
porgy stock is undergoing overfishing and is overfished. NMFS also
determined that the red porgy stock has not made adequate progress
towards rebuilding because it did not rebuild by the end of 2017 under
the previous 18-year rebuilding plan. The red porgy stock has not
rebuilt despite
[[Page 58303]]
management efforts throughout its management history.
The findings of SEDAR 60 showed a declining trend in average
recruitment throughout the time series reviewed in the assessment, and
that red porgy has made little progress towards rebuilding, given the
low recruitment in recent years. The projections within SEDAR 60
indicate the reduced ABCs would have only a very minor impact on stock
rebuilding. If recruitment continues to be low, the productivity of the
stock and the benchmark management reference points would need to be
reevaluated. The red porgy stock is currently scheduled to be assessed
again in 2025.
Following a notification from NMFS to a Council that a stock is
undergoing overfishing and is overfished, the Magnuson-Stevens Act
requires the Council to develop an FMP amendment with actions that
immediately end overfishing and rebuild the affected stock. The Council
developed Amendment 50 in response to the results of SEDAR 60.
In addition to the revisions to the commercial quotas and sector
ACLs, modified red porgy management measures are needed to constrain
commercial and recreational harvest to the proposed fishing levels. The
proposed rule would reduce commercial trip and recreational bag and
possession limits, and implement a 2-month recreational fishing season.
The Council intends that the proposed actions would allow retention of
red porgy over the longest predicted timeframe while preventing
overfishing. The proposed rule would also adjust recreational AMs to
ensure they are effective at keeping recreational landings from
exceeding the recreational ACL and correct for overages when they
occur. This proposed rule and Amendment 50 would not adjust commercial
AMs.
The Council determined that the actions in Amendment 50 would end
overfishing of South Atlantic red porgy, rebuild the stock, and achieve
OY while minimizing, to the extent practicable, adverse social and
economic effects.
Management Measures Contained in This Proposed Rule
This proposed rule would revise the sector ACLs, commercial
seasonal quotas, commercial trip limits, recreational bag and
possession limits, recreational fishing season, and recreational AMs.
All weights described in this proposed rule are in gutted weight,
unless otherwise specified.
Total ACLs
As implemented through Regulatory Amendment 18 to the FMP, the
current total ACL and annual OY for red porgy are equal to the current
ABC of 328,000 lb (148,778 kg), round weight. In Amendment 50, the
Council would revise the ABC based on SEDAR 60 and the recommendation
of the SSC, and keep the ABC, ACL, and OY equal to each other.
The proposed rule would revise the total ACL equal to the
recommended ABC of 75,000 lb (34,019 kg), round weight, 72,115 lb
(32,711 kg), gutted weight, for 2022; 81,000 lb (36,741 kg), round
weight, 77,885 lb (35,328 kg), gutted weight, for 2023; 87,000 lb
(39,463 kg), round weight, 83,654 lb (37,945 kg), gutted weight, for
2024; 91,000 lb (41,277 kg), round weight, 87,500 lb (39,689 kg),
gutted weight, for 2025; and 95,000 lb (43,091 kg), round weight,
91,346 lb (41,434 kg), gutted weight, for 2026 and subsequent fishing
years.
Sector Allocations and ACLs
Amendment 50 would revise the commercial and recreational
allocations for red porgy. The current sector ACLs for red porgy are
based on the commercial and recreational allocations of the total ACL
at 50.00 percent and 50.00 percent, respectively, and were established
through Amendment 15B to the FMP (74 FR 58902; November 16, 2009).
The new red porgy sector allocations in Amendment 50 would result
in commercial and recreational allocations of 51.43 percent and 48.57
percent, respectively. The Council determined the proposed sector
allocations by applying the allocation formula adopted through the
Comprehensive ACL Amendment to the FMP, which is ACL = ((mean landings
2006-2008) x 0.5)) + ((mean landings 1986-2008) x 0.5), to the revised
total ACL that includes updated recreational landings from the MRIP FES
method.
Utilizing the proposed allocation formula would incorporate revised
recreational landings from the MRIP FES, which would result in a slight
shift of allocation to the commercial sector. Although commercial
fishing, compared to recreational fishing, tends to occur in deeper
water, where mortality of discarded fish is greater, the Council
reasoned that a slightly increased allocation to the commercial sector
would potentially reduce the number of fish that are discarded if the
commercial ACL is reached in-season and a sector closure becomes
necessary, thus promoting conservation.
The commercial ACLs would be 37,089 lb (16,823 kg), for 2022;
40,056 lb (18,169 kg), for 2023; 43,023 lb (19,515 kg), for 2024;
45,001 lb (20,412 kg), for 2025; and 46,979 lb (21,309 kg), for 2026
and subsequent years.
The recreational ACLs would be 35,026 lb (15,888 kg), for 2022;
37,829 lb (17,159 kg), for 2023; 40,631 lb (18,430 kg), for 2024;
42,499 lb (19,277 kg), for 2025; and 44,367 lb (20,125 kg), for 2026
and subsequent years.
Regulatory Amendment 27 to the FMP established two commercial
fishing seasons for red porgy with 30 percent of the commercial ACL
allocated to Season 1 (January through April) and 70 percent allocated
to Season 2 (May through December) (85 FR 4588; January 27, 2020). Any
remaining commercial quota from Season 1 would be added to the
commercial quota in Season 2. Any remaining quota from Season 2 would
not be carried forward into the next fishing year. Amendment 50 and
this proposed rule would not alter the current fishing seasons or
commercial season ACL allocations.
Under Amendment 50, the commercial quotas in 2022 for Season 1
would be 11,127 lb (5,047 kg) and Season 2 would be 25,962 lb (11,776
kg); in 2023, Season 1 would be 12,017 lb (5,451 kg) and Season 2 would
be 28,039 lb (12,718 kg); in 2024, Season 1 would be 12,907 lb (5,855
kg) and Season 2 would be 30,116 lb (13,660 kg); in 2025, Season 1
would be 13,500 lb (6,123 kg) and Season 2 would be 31,501 lb (14,289
kg); and for 2026 and subsequent years, Season 1 would be 14,094 lb
(6,393 kg) and Season 2 would be 32,886 lb (14,917 kg).
Commercial Trip Limits
Amendment 13C to the FMP established the current commercial trip
limit for red porgy of 120 fish from May 1 through December 31, with no
harvest allowed from January 1 through April 30 (71 FR 55096; September
21, 2006). Regulatory Amendment 27 to the FMP removed the January 1
through April 30 spawning season commercial closure and established the
current 60 fish trip limit from January 1 through April 30, to reduce
discarding of red porgy by the commercial sector during the early part
of the fishing year. This proposed rule would modify the commercial
trip limits for red porgy to be 15 fish for both Seasons 1 and 2.
The Council decided that under the proposed 15-fish commercial trip
limit, the lowest trip limit considered, commercial fishermen could
retain an amount of red porgy over the longest amount of time during
the fishing seasons, and this would increase the likelihood of red
porgy remaining open to commercial harvest and available to consumers
for as long as possible. Additionally, the Council expects the
[[Page 58304]]
proposed commercial trip limit to minimize discards of incidentally
harvested red porgy when fishers target other snapper-grouper species,
such as gray triggerfish and vermilion snapper.
Recreational Bag and Possession Limits
The current recreational bag and possession limits for red porgy in
the South Atlantic, established by Amendment 13C to the FMP, are 3 per
person per day, or 3 per person per trip, whichever is more
restrictive. This proposed rule would reduce the recreational bag and
possession limits to 1 fish per person per day, or 1 fish per person
per trip, whichever is more restrictive.
Given the substantial reduction in harvest needed to end red porgy
overfishing immediately and to increase the likelihood of rebuilding
the stock, the Council selected the lowest bag limit considered in
Amendment 50 to continue to allow recreational retention and help
constrain harvest to the reduced recreational ACL.
Recreational Fishing Season
Recreational harvest of red porgy is currently allowed year-round
until the recreational ACL is met or is projected to be met. This
proposed rule would establish a recreational fishing season for red
porgy where harvest would be allowed only from May 1 through June 30.
The recreational sector would be closed annually from January 1 through
April 30 and from July 1 through December 31. During the proposed
seasonal closures, the recreational bag and possession limits for red
porgy would be zero.
Given the substantial reductions in harvest that are needed to
address the determination that the stock is undergoing overfishing and
overfished, shortening the time recreational fishing is allowed helps
to reduce the risk that recreational catches would exceed the proposed
reduced sector ACL. The Council selected the most conservative
recreational fishing season alternative in Amendment 50 to reduce the
chance the recreational ACL would be exceeded, while still allowing for
some recreational harvest opportunities.
Recreational AMs
The current AMs were established through Amendment 34 to the FMP
(81 FR 3731; January 22, 2016). The current AM includes an in-season
closure for the remainder of the fishing year if recreational landings
reach or are projected to reach the recreational ACL, regardless of
whether the stock is overfished. The current AM also includes post-
season adjustments. If recreational landings exceed the recreational
ACL, then during the following fishing year recreational landings will
be monitored for a persistence in increased landings. If the total ACL
is exceeded and red porgy are overfished, the length of the
recreational fishing season and the recreational ACL are reduced by the
amount of the recreational ACL overage.
This proposed rule would revise the recreational AMs for red porgy.
Given the proposed 2-month fishing season, the current in-season
closure and stock status based post-season AM would be removed. The
proposed recreational AM would be a post-season AM that would be
triggered in the following fishing year if the recreational ACL is
exceeded. If recreational landings exceed the recreational ACL, the
length of the following year's recreational fishing season would be
reduced by the amount necessary to prevent the recreational ACL from
being exceeded in the following year. However, the length of the
recreational season would not be reduced if the Regional Administrator
determines, using the best scientific information available, that a
reduction is not necessary.
The Council's intent in revising the recreational AM is to avoid an
in-season closure of the recreational sector and extend maximum fishing
opportunities to the sector during the proposed 2-month recreational
season. The proposed AM would remove the current potential duplicate AM
application of a reduction in the recreational season length and a
payback of the recreational ACL overage if the total ACL was exceeded.
Under the proposed measure, the AM trigger would not be tied to the
total ACL, but only to the recreational ACL. The proposed modification
would ensure that overages in the recreational sector do not in turn
affect the catch levels for the commercial sector. Any reduced
recreational season length as a result of the AM being implemented
would apply to the recreational fishing season in the year following a
recreational ACL overage.
Management Measures in Amendment 50 Not Codified by This Proposed Rule
In addition to the measures within this proposed rule, Amendment 50
would revise the overfishing limit for red porgy equal to the ABC and
update other biological reference points. The amendment would also
establish a new rebuilding plan, and revise the ABC, the OY, and the
sector allocations.
Rebuilding Plan for the South Atlantic Red Porgy Stock
As previously discussed, the Council implemented an 18-year
rebuilding plan for the South Atlantic red porgy stock through
Amendment 12 to the FMP that was expected to rebuild the stock by the
end of 2017 (65 FR 51248; September 22, 2000). Because the South
Atlantic red porgy stock did not rebuild within that time, and is still
overfished, Amendment 50 would establish a new rebuilding plan schedule
equal to the time estimated to rebuild the stock while maintaining
fishing mortality at 75 percent of the maximum fishing mortality
threshold during the rebuilding period. This rebuilding period would be
26 years, beginning in 2022 and ending in 2047.
ABC and Annual OY
The current ABC for red porgy was implemented in Regulatory
Amendment 18 to the FMP, based upon a stock assessment update (2012
SEDAR 1 Update) and the Council's SSC's recommendations (78 FR 47574;
August 6, 2013).
In April 2020, the Council's SSC reviewed the latest stock
assessment (SEDAR 60) and recommended new ABC levels as determined by
SEDAR 60. The assessment and associated ABC recommendations
incorporated the revised estimates for recreational catch and effort
from the MRIP Access Point Angler Intercept Survey (APAIS) and FES.
MRIP began incorporating a new survey design for APAIS in 2013 and
replaced the Coastal Household Telephone Survey (CHTS) with FES in
2018. Prior to the implementation of MRIP in 2008, recreational
landings estimates were generated using the Marine Recreational
Fisheries Statistics Survey (MRFSS). As explained in Amendment 50,
total recreational fishing effort estimates generated from MRIP FES are
generally higher than both the MRFSS and MRIP CHTS estimates. This
difference in estimates occurs because MRIP FES is designed to more
accurately measure fishing activity, not because there was a sudden
increase in fishing effort. The MRIP FES is considered by the Council's
SSC, the Council, and NMFS to be a more reliable estimate of
recreational effort and more robust compared to the MRIP CHTS method.
The new ABC recommendations within Amendment 50 also represent the best
scientific information available as determined by the SSC.
The Council chose to specify OY for red porgy on an annual basis
and set it equal to the ABC and total ACL, in
[[Page 58305]]
accordance with the guidance provided in the Magnuson-Stevens Act
National Standard 1 Guidelines at 50 CFR 600.310(f)(4)(iv), and using
the formula implemented through the Comprehensive ACL Amendment to the
FMP (77 FR 15915; March 16, 2012).
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 50, 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.
NMFS prepared an initial regulatory flexibility analysis (IRFA) for
this proposed rule, as required by section 603 of the Regulatory
Flexibility Act, 5 U.S.C. 603. The IRFA describes the economic impact
this proposed rule, if adopted, would have on small entities. A
description of this proposed rule, why it is being considered, and the
purposes of this proposed rule are contained in the preamble and in the
SUMMARY section of the preamble. A copy of the full analysis is
available from NMFS (see ADDRESSES). A summary of the IRFA follows.
The objective of this proposed rule and Amendment 50 is to end
overfishing of South Atlantic red porgy, rebuild the stock, and achieve
optimum yield while minimizing, to the extent practicable, adverse
social and economic effects. The Magnuson-Stevens Act provides the
legal basis for this proposed rule. No duplicative, overlapping, or
conflicting Federal rules have been identified. No new reporting and
record-keeping requirements are introduced by this proposed rule. All
monetary estimates in the following analysis are in 2019 dollars.
Amendment 50 would directly affect both anglers (recreational
fishers) and commercial fishing businesses that harvest red porgy in
the South Atlantic Exclusive Economic Zone (EEZ). Anglers, however, are
not considered small entities as that term is defined in 5 U.S.C.
601(6), whether fishing from for-hire fishing, private, or leased
vessels. Therefore, neither estimates of the number of anglers nor the
impacts on them are required or provided in this analysis. For-hire
fishing businesses would be indirectly affected, and because the
effects on for-hire businesses would be indirect, they fall outside the
scope of the RFA.
Any business that operates a commercial fishing vessel that
harvests red porgy in the South Atlantic EEZ must have a valid South
Atlantic snapper-grouper permit assigned to that vessel. From 2015
through 2019, an annual average of 161 (24 percent) snapper-grouper
permitted vessels reported landings of red porgy. Therefore, an annual
average of 161 snapper-grouper permitted vessels would be directly
affected by this proposed rule.
For RFA purposes, 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
involved in commercial fishing (NAICS 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 its combined
annual receipts are not in excess of $11 million for all of its
affiliated operations worldwide. The average annual total revenue for a
snapper-grouper permitted vessel that landed red porgy from 2015
through 2019 was $68,539, which is substantially less than the above
threshold. Moreover, none of the permitted vessels that land red porgy
have annual revenue close to or greater than $11 million. Hence, all of
the businesses that operate snapper-grouper permitted vessels that land
red porgy are small.
Actions 1 and 2, which would establish a rebuilding plan and revise
the ABC, annual OY, and total ACL for red porgy, would have indirect
impacts on small businesses and their magnitudes are dependent on
subsequent action.
Action 3 of Amendment 50 revises the sector allocations and would
increase the commercial allocation of the total ACL from 50 percent to
51.43 percent. Currently, the commercial ACL is constant at 157,692 lb
(71,528 kg), gutted weight, 164,000 lb (157,692 kg), whole weight. In
combination, Actions 2 (ACL) and 3 would reduce the commercial ACL by
120,603 lb (54,705 kg) in 2022, then have smaller reductions until it
is reduced in 2026 and thereafter by 110,713 lb (50,219 kg). If average
annual commercial ACL landings from 2015 through 2019 represent future
baseline landings from 2022 through 2026, Action 3 (commercial
allocation) would generate an average annual reduction of commercial
ACL landings of 68,822 lb (31,217 kg) during that 5-year period. At an
average dockside price of $2.35 per lb, if the average 161 snapper-
grouper permitted vessels with red porgy landings account for all
commercial ACL landings of red porgy, they would collectively have
annual losses of dockside revenue of $161,733 or individually have an
average reduction of $1,005 (1.47 percent) per vessel. However,
commercial landings reported by snapper-grouper permitted vessels
represent, on average, 91.34 percent of commercial ACL landings from
2015 through 2019. As such, the 161 permitted vessels would
collectively have average annual reductions of red porgy landings of
62,822 lb (28,496 kg) (91.34 percent of 68,822 lb) and dockside revenue
of $147,727 or individually have average annual reductions of 427 lb
(194 kg) and $918 (1.34 percent) per vessel.
Commercial landings of red porgy are not equally divided across the
states. On average, Florida and Georgia combined account for 28.73
percent of the annual landings by weight and North Carolina and South
Carolina account for 35.38 percent and 35.90 percent, respectively, of
the annual landings by weight. Consequently, the average revenue losses
per vessel under Action 3 (commercial allocation) vary by state. The
average Florida or Georgia vessel would have an annual loss of $870
(1.24 percent of total dockside revenue) for the average 49 vessels
that land red porgy in Florida or Georgia. The average North Carolina
vessel would have an annual loss of $747 (1.41 percent of total
dockside revenue) for the average 70 vessels that land the species in
North Carolina, and the average South Carolina vessel would have an
annual loss of $1,251 (1.48 percent of total dockside revenue) for the
average 42 vessels that land red porgy in South Carolina.
Action 4 would reduce the commercial trip limits for red porgy in
the South Atlantic EEZ from 60 to 15 fish in Season 1 (January 1
through April 30) and 120 to 15 fish in Season 2 (May 1 through
December 31). Because of the prohibition on commercially harvesting red
porgy from January through April that had previously been in effect
from January 1, 2015, to February 26, 2020, landings per trip during
March and April of 2020 are used to evaluate baseline trips and
landings per trip during March and April of Season 1. The resulting
March and April figures are then doubled to produce estimates of the
baseline number of trips and landings during Season 1. Baseline
landings per trip during Season 2 are evaluated using landings from May
1 through December 31 from 2015 through 2019.
[[Page 58306]]
During Season 1, an estimated 7 (14.29 percent) of the 49 Florida
and Georgia vessels report 82 trips that land over 15 red porgy.
Similarly, an estimated 17 (24.29 percent) of the 70 North Carolina
vessels and 13 (30.95 percent) of the 42 South Carolina vessels report
86 and 84 trips, respectively, that land over 15 red porgy during
Season 1. The average trip that lands over 15 red porgy during Season 1
would lose 63 lb (29 kg) in Florida and Georgia, 45 lb (20 kg) in North
Carolina, and 62 lb (28 kg) in South Carolina. The average losses in
dockside revenue per vessel during Season 1 would be $1,734 for the 7
snapper-grouper permitted vessels that land red porgy in Florida and
Georgia, $535 for the 17 snapper-grouper permitted vessels that land
the species in North Carolina, and $941 for the 13 snapper-grouper
permitted vessels that land red porgy in South Carolina.
From 2015 through 2019, an annual average of up to 52 vessels made
293 trips that landed red porgy in Florida or Georgia during Season 2
(May through December) and 68.60 percent of those trips made by 29
vessels landed more than 15 fish. During that same 5-year period, an
annual average of 70 vessels made 590 trips that landed red porgy in
North Carolina during Season 2 and 52.88 percent of those trips made by
47 vessels landed more than 15 fish. Furthermore, during that same 5-
year period an annual average of 42 vessels made 362 trips that landed
red porgy in South Carolina during Season 2 and 66.85 percent of the
trips made by 36 vessels landed more than 15 fish. The average trip
that currently lands over 15 red porgy in Florida and Georgia would
lose 127 lb (58 kg) of red porgy, while the average trips that land
over 15 red porgy in North Carolina and South Carolina would lose
respectively 75 lb (34 kg) and 103 lb (47 kg), respectively. With an
average dockside price of $2.35 per lb, the annual average of 29
vessels that land over 15 red porgy per trip during Season 2 in Florida
and Georgia would have average individual annual reductions of $2,069.
Similarly, the average annual 47 vessels that land over 15 fish per
trip in North Carolina and 38 vessels that land over 15 fish per trip
in South Carolina during Season 2 would have an average annual revenue
loss of $1,170 and $1,627 per vessel, respectively.
Action 5 (recreational bag limits and recreational fishing season)
and Action 6 (recreational AMs) would have direct impacts on anglers
(recreational fishers), and no direct impacts on small businesses.
Therefore, descriptions of those actions and analysis of their impacts
are neither required nor provided.
The average impacts of each of the proposed actions on a snapper-
grouper permitted vessel that reports landings of red porgy are
summarized in Table 1. The maximum and minimum average annual adverse
impacts of the combined actions per vessel are summarized in Table 2.
Table 1--Summary of Average Annual Adverse Impacts per Vessel by State by Action
----------------------------------------------------------------------------------------------------------------
Action Brief description Florida and Georgia North Carolina South Carolina
----------------------------------------------------------------------------------------------------------------
1................ Rebuilding Timeframe.. No direct impact.
----------------------------------------------------------------------
2................ Total OY & ACL........ No direct impact.
----------------------------------------------------------------------
3................ Commercial ACL........ $870 per vessel for 49 $747 per vessel for 70 $1,251 per vessel for
(100%) vessels. (100%) vessels. 42 (100%) vessels.
4................ Season 1 Trip Limit... $1,734 per vessel for $535 per vessel for 17 $535 per vessel for
7 (14.29%) vessels. (24.29%) vessels. 13 (30.95%) vessels.
Season 2 Trip Limit... $2,069 for 29 vessels. $1,179 per vessel for $1,627 per vessel for
47 vessels. 38 vessels.
----------------------------------------------------------------------
5................ Recreational bag limit No direct impact.
----------------------------------------------------------------------
6................ Recreational No direct impact.
Accountability
Measures.
----------------------------------------------------------------------------------------------------------------
Table 2--Maximum and Minimum Average Annual Impacts per Vessel for Percentage of Snapper-Grouper Permitted Vessels That Land Red Porgy and Those Impacts
as Percentage of Average Annual Revenue per Vessel
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent of Percent of
Maximum average Percent of Minimum average Percent of
State average number average average number average
impact vessels revenue impact vessels revenue
--------------------------------------------------------------------------------------------------------------------------------------------------------
FL/GA................................................... $4,673 14.29 6.64 $870 100.00 1.24
NC...................................................... 2,461 24.29 4.65 747 100.00 1.41
SC...................................................... 3,413 30.95 4.03 1,251 100.00 1.48
--------------------------------------------------------------------------------------------------------------------------------------------------------
As described in Amendment 50, annual net revenue from operations
for vessels in the commercial snapper-grouper industry was
approximately 5 percent of their average annual total revenue from 2014
through 2016, while average net cash flow was about 19 percent of their
average annual gross revenue during this time. Given the extent that
the average maximum adverse impact could represent reductions of annual
total revenue from 4.03 percent to 6.64 percent, it is determined that
this proposed rule would have a significant adverse impact on a
substantial number of small entities.
Three alternatives to Action 2, which would revise the total ACL,
were considered, but not selected by the Council. Two of those
alternatives would have larger decreases in the total ACL and
subsequently larger reductions
[[Page 58307]]
in the commercial ACL. As such, those two alternatives would have a
larger adverse impact on small businesses. The third alternative, the
status quo, would have no adverse impact on small businesses beyond the
baseline.
The status-quo alternative to Action 3 (commercial allocation and
sector ACLs), which would keep the commercial allocation of the total
ACL at 50 percent, was considered, but not selected by the Council. It
would have a larger adverse economic impact on small businesses than
the selected alternative.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Accountability measures, Annual catch limits, Commercial,
Fisheries, Fishing, Recreational, Red porgy, South Atlantic.
Dated: September 19, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.183, add paragraph (b)(9) to read as follows:
Sec. 622.183 Area and seasonal closures.
* * * * *
(b) * * *
(9) Red porgy recreational sector closure. The recreational sector
for red porgy is closed from January 1 through April 30, and July 1
through December 31, each year. During a closure, the bag and
possession limits for red porgy in or from the South Atlantic EEZ are
zero.
0
3. In Sec. 622.187, revise paragraphs (b)(6) and (c)(2) to read as
follows:
Sec. 622.187 Bag and possession limits.
* * * * *
(b) * * *
(6) Red porgy. 1.
* * * * *
(c) * * *
(2) A person aboard a vessel may not possess red porgy in or from
the EEZ in excess of one per day or one per trip, whichever is more
restrictive.
0
4. In Sec. 622.190, revise paragraphs (a) introductory text and
(a)(6)(i) and (ii) to read as follows;
Sec. 622.190 Quotas.
* * * * *
(a) South Atlantic snapper-grouper, excluding wreckfish. The quotas
apply to persons who are not subject to the bag limits. (See Sec.
622.11 for applicability of the bag limits.) The quotas are in gutted
weight, that is eviscerated but otherwise whole, except for the quotas
in paragraphs (a)(4), (5), and (7) of this section which are in both
gutted weight and round weight.
* * * * *
(6) * * *
(i) For the period January 1 through April 30 each year.
(A) For the 2022 fishing year--11,127 lb (5,047 kg).
(B) For the 2023 fishing year--12,017 lb (5,451 kg).
(C) For the 2024 fishing year--12,907 lb (5,855 kg).
(D) For the 2025 fishing year--13,500 lb (6,123 kg).
(E) For the 2026 and subsequent fishing years--14,094 lb (6,393
kg).
(ii) For the period May 1 through December 31 each year.
(A) For the 2022 fishing year--25,962 lb (11,776 kg).
(B) For the 2023 fishing year--28,039 lb (12,718 kg).
(C) For the 2024 fishing year--30,116 lb (13,660 kg).
(D) For the 2025 fishing year--31,501 lb (14,289 kg).
(E) For the 2026 and subsequent fishing years--32,886 lb (14,917
kg).
* * * * *
0
5. In Sec. 622.191, revise paragraphs (a)(4)(i) and (ii) to read as
follows:
Sec. 622.191 Commercial trip limits.
* * * * *
(a) * * *
(4) * * *
(i) From January 1 through April 30--15 fish.
(ii) From May 1 through December 31--15 fish.
* * * * *
0
6. In Sec. 622.193, revise paragraphs (v)(1)(ii) and (v)(2) and add
paragraph (v)(3) to read as follows:
Sec. 622.193 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(v) * * *
(1) * * *
(ii) If commercial landings for red porgy, as estimated by the SRD,
exceed the commercial ACL, and the combined commercial and recreational
ACL as specified in paragraph (v)(3) of this section, is exceeded
during the same fishing year, and red porgy are overfished based on the
most recent Status of U.S. Fisheries Report to Congress, the AA will
file a notification with the Office of the Federal Register to reduce
the commercial ACL in the following fishing year by the amount of the
commercial ACL overage in the prior fishing year.
(2) Recreational sector. (i) If recreational landings for red
porgy, as estimated by the SRD, exceed the recreational ACL specified
in paragraph (v)(2)(ii) of this section, then during the following
fishing year, the AA will file a notification with the Office of the
Federal Register to reduce the length of the recreational fishing
season by the amount necessary to ensure recreational landings do not
exceed the recreational ACL. However, the length of the recreational
fishing season will not be reduced in the following fishing year if
NMFS determines, using the best scientific information available, that
no fishing season reduction is necessary. When the recreational sector
is closed as a result of NMFS reducing the length of the recreational
fishing season, the bag and possession limits for red porgy in or from
the South Atlantic EEZ are zero.
(ii) The recreational ACL for red porgy is 35,026 lb (15,888 kg),
gutted weight, for the 2022 fishing year; 37,829 lb (17,139 kg), gutted
weight, for 2023 fishing year; 40,631 lb (18,430 kg), gutted weight,
for the 2024 fishing year; 42,499 lb (19,277 kg), gutted weight, for
the 2025 fishing year; and 44,367 lb (20,125 kg), gutted weight, for
the 2026 and subsequent fishing years.
(3) Combined commercial and recreational ACLs. The combined
commercial and recreational ACL for red porgy is 72,115 lb (32,711 kg),
gutted weight, 75,000 lb (34,019 kg), round weight, for the 2022
fishing year; 77,885 lb (35,328 kg), gutted weight, 81,000 lb (36,741
kg), round weight, for 2023 fishing year; 83,654 lb (37,945 kg), gutted
weight, 87,000 lb (39,463 kg), round weight, for the 2024 fishing year;
87,500 lb (39,689 kg), gutted weight, 91,000 lb (41,277 kg), round
weight, for the 2025 fishing year; and 91,346 lb (41,434 kg), gutted
weight, 95,000 lb (43,091 kg), round weight, for the 2026 and
subsequent fishing years.
* * * * *
[FR Doc. 2022-20705 Filed 9-23-22; 8:45 am]
BILLING CODE 3510-22-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.