Proposed Rule2023-13049
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 49
Primary source
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Published
June 21, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The South Atlantic Fishery Management Council (Council) submitted Amendment 49 to the Fishery Management Plan for the Snapper- Grouper Fishery of the South Atlantic Region (FMP) for review, approval, and implementation by NMFS. If approved by the Secretary of Commerce, Amendment 49 to the FMP would revise the overfishing limit (OFL), acceptable biological catch (ABC), annual optimum yield (OY), sector allocations, the total and sector annual catch limits (ACLs), commercial minimum size limit, the commercial seasonal trip limits, and the April spawning season closure. In addition, Amendment 49 would remove the recreational annual catch targets (ACTs) for species in the FMP. The purpose of Amendment 49 is to ensure catch limits are based on the best scientific information available and to ensure overfishing does not occur for the South Atlantic greater amberjack stock, while increasing social and economic benefits.
Full Text
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<title>Federal Register, Volume 88 Issue 118 (Wednesday, June 21, 2023)</title>
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[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Proposed Rules]
[Pages 40190-40192]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13049]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BL93
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 49
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Announcement of availability of fishery management plan
amendment; request for comments.
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SUMMARY: The South Atlantic Fishery Management Council (Council)
submitted Amendment 49 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP) for review,
approval, and implementation by NMFS. If approved by the Secretary of
Commerce, Amendment 49 to the FMP would revise the overfishing limit
(OFL), acceptable biological catch (ABC), annual optimum yield (OY),
sector allocations, the total and sector annual catch limits (ACLs),
commercial minimum size limit, the commercial seasonal trip limits, and
the April spawning season closure. In addition, Amendment 49 would
remove the recreational annual catch targets (ACTs) for species in the
FMP. The purpose of Amendment 49 is to ensure catch limits are based on
the best scientific information available and to ensure overfishing
does not occur for the South Atlantic greater amberjack stock, while
increasing social and economic benefits.
DATES: Written comments must be received on or before August 21, 2023.
ADDRESSES: You may submit comments on Amendment 49, identified by
``NOAA-NMFS-2023-0061'', by either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="http://www.regulations.gov">www.regulations.gov</a>
and enter ``NOAA-NMFS-2023-0061'' in the Search box. Click the
``Comment'' icon, complete the required fields, and enter or attach
your comments.
<bullet> Mail: Submit written comments to Mary Vara, 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 49, 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/node/150641">https://www.fisheries.noaa.gov/node/150641</a>.
FOR FURTHER INFORMATION CONTACT: Mary Vara, telephone: 727-824-5305, or
email: <a href="/cdn-cgi/l/email-protection#b4d9d5c6cd9ac2d5c6d5f4dadbd5d59ad3dbc2"><span class="__cf_email__" data-cfemail="6904081b10471f081b082907060808470e061f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any fishery management plan or an
amendment to such a plan to the Secretary of Commerce (the Secretary)
for review and approval, partial approval, or disapproval. The
Magnuson-Stevens Act also requires that NMFS, upon receiving a fishery
management plan or an amendment to such a plan, publish an announcement
in the Federal Register notifying the public that the plan or amendment
is available for review and comment.
The Council prepared the FMP that is being revised by Amendment 49.
If approved, Amendment 49 would be implemented by NMFS through
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Act.
Background
The Magnuson-Stevens Act requires that NMFS and the regional
fishery management councils prevent overfishing and achieve, on a
continuing basis, the OY from federally managed fish stocks. These
mandates are intended to ensure that fishery resources are managed for
the greatest overall benefit to the Nation, particularly with respect
to providing food production and recreational opportunities, and
protecting marine ecosystems. To further this goal, the Magnuson-
Stevens Act requires fishery managers to minimize bycatch and bycatch
mortality to the extent practicable.
In 2008, a stock assessment for greater amberjack was completed
through the Southeast Data, Assessment, and Review (SEDAR) process
(SEDAR 15), and it was determined that the stock was not overfished or
undergoing overfishing. As a result of that stock status, the
Comprehensive Amendment to the FMP (77 FR 15915, March 16, 2012)
established the current total ACL and annual OY.
The most recent SEDAR stock assessment for South Atlantic greater
amberjack (SEDAR 59) was completed in 2020. The assessment included
data through 2018. The assessment used revised estimates for
recreational catch from the Marine Recreational Information Program
(MRIP) based on the Fishing Effort Survey (FES). In 2018, the MRIP
fully transitioned its estimation of recreational effort from the
Coastal Household Telephone Survey (CHTS) to the mail-based FES.
Estimates of recreational catch for greater amberjack included in the
previous assessment were made using the Marine Recreational Fisheries
Statistics Survey (MRFSS) methodology. As explained in Amendment 49,
total recreational fishing effort estimates generated from MRIP FES are
different than those from the MRIP CHTS and MRFSS. This difference in
estimates is because MRIP FES is designed to more accurately measure
fishing activity, not because there was a sudden change in fishing
effort. The MRIP FES is considered a more reliable estimate of
recreational effort by the Council's Scientific and Statistical
Committee (SSC), the Council, and NMFS, and more robust compared to the
MRFSS method previously used to estimate recreational catches for
greater amberjack. The SSC reviewed SEDAR 59 (2020) 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 greater amberjack stock is not overfished or
undergoing overfishing.
Updated catch and data changes incorporated in the assessment
provided information to update the OFL, ABC, annual OY, and ACLs. In
response to the results of SEDAR 59 (2020), the Council subsequently
developed Amendment 49.
In addition to the proposed revisions to the sector ACLs and
seasonal commercial quotas, the Council determined that further
modifications to greater amberjack management measures are needed to
ensure that overfishing does not occur, while increasing social and
economic benefits through sustainable harvest of greater
[[Page 40191]]
amberjack in the South Atlantic exclusive economic zone (EEZ).
Amendment 49 would reduce the commercial minimum size limit, increase
the seasonal commercial trip limits, and revise the April spawning
closure for greater amberjack. Amendment 49 would also make changes to
the FMP by removing recreational ACTs from the FMP to make
administrative efforts more efficient, since the Council has not used,
and does not anticipate using, recreational ACTs for management.
Actions Contained in Amendment 49
For South Atlantic greater amberjack, Amendment 49 would revise the
OFL, ABC, annual OY, total ACL, sector allocations, and sector ACLs.
Amendment 49 would also revise the commercial minimum size limit,
commercial seasonal trip limits, and the April spawning closure. In
addition, Amendment 49 would remove the recreational ACTs for snapper-
grouper species in the FMP.
OFL, ABC, Annual OY, and Total ACL
As implemented through the Comprehensive ACL Amendment, the current
OFL for greater amberjack is 2,005,000 lb (909,453 kg), round weight.
The current total ACL and annual OY are equal to the ABC of 1,968,001
lb (892,670 kg), round weight. All of these current values include
recreational landings for greater amberjack tracked using MRFSS
estimation methods, and the Council's choice of these values was based
on the recommendations of their SSC from the SEDAR 15 stock assessment
(2008).
In April 2021, the Council's SSC reviewed the latest stock
assessment SEDAR 59 (2020) and recommended new OFL and ABC levels based
on the assessment. As discussed above, SEDAR 59 and the associated OFL
and ABC recommendations for greater amberjack incorporated the revised
estimates for recreational catch and effort from the MRIP FES. MRIP
replaced MRFSS in 2013 and replaced the CHTS with FES in 2018. MRIP
also incorporated a new survey design for the Access Point Angler
Intercept Survey in 2013. As explained in Amendment 49, total
recreational fishing effort estimates generated from MRIP FES are
generally higher than both the MRFSS and MRIP CHTS estimates. This
difference in estimates is because MRIP FES is designed to more
accurately measure fishing activity, not because there was a sudden
increase in fishing effort. The MRIP FES is considered a more reliable
estimate of recreational effort by the Council's SSC, the Council, and
NMFS, and more robust compared to the MRFSS method previously used to
estimate recreational catches for greater amberjack. The new OFL and
ABC recommendations within Amendment 49 also represent the best
scientific information available as determined by the Council's SSC and
NMFS. The Council chose to specify OY for greater amberjack on an
annual basis and set it equal to the ABC and total ACL, in accordance
with the guidance provided in the Magnuson-Stevens Act National
Standard 1 Guidelines at 50 CFR 600.310(f)(4)(iv).
The fishing year for greater amberjack is March 1 through the end
of February; therefore, OFL, ABC, OY and total ACL values are described
as a combination of years. Amendment 49 would revise the OFL to be
3,283,000 lb (1,489,144 kg), round weight, for 2023-2024; 2,839,000 lb
(1,287,749 kg), round weight, for 2024-2025; 2,719,000 lb (1,233,317
kg), round weight, for 2025-2026; and 2,691,000 lb (1,220,617 kg),
round weight, for 2026-2027 and subsequent years.
Amendment 49 would revise the total ACL and annual OY equal to the
recommended ABC of 3,233,000 lb (1,466,464), round weight, for 2023-
2024; 2,818,000 lb (1,278,223 kg), round weight, for 2024-2025;
2,699,000 lb (1,224,246), round weight, for 2025-2026; and 2,669,000 lb
(1,210,638), round weight, for 2026-2027 and subsequent fishing years.
Sector Allocations and ACLs
Amendment 49 would revise the commercial and recreational
allocations of the total ACL for greater amberjack. The current sector
ACLs for greater amberjack are based on the current commercial and
recreational allocations of the total ACL at 40.66 percent and 59.34
percent, respectively. The current allocations were established by
applying the formula of sector ACL = ((mean landings 2006-2008)*0.5) +
((mean landings 1986-2008)*0.5) to the landings dataset that were used
in the Comprehensive ACL Amendment (77 FR 15916, March 16, 2012).
The revised greater amberjack sector allocations in Amendment 49
would result in commercial and recreational allocations of 35.00
percent and 65.00 percent, respectively. After considering various
allocation alternatives, the Council proposed allocations based on
their current allocation equation, updated estimates of recreational
landings from the MRIP FES method, and a consideration of economic and
social impacts to the commercial and recreational sectors. The proposed
sector allocations are approximate midpoints between the current
allocations, and the allocations that result from applying the current
allocation formula to a revised dataset that is inclusive of MRIP-FES,
which results in commercial and recreational allocations of the total
ACL at 29.84 percent and 70.16 percent, respectively. While the Council
increased the recreational allocation percentage to account for the
increase in recreational catch estimates under the new MRIP FES
estimation method, the Council chose to increase the recreational
allocation to 65.00 percent, instead of 70.16 percent, to account for
potential adverse economic and social impacts to the commercial sector.
Several recently completed stock assessments for other species in the
FMP have indicated poor stock status and necessitated reduced harvest
of these stocks, making greater amberjack potentially more important to
the commercial sector. The proposed greater amberjack sector allocation
percentages also approximate the average annual total landings
percentages for each sector from 2010-2019.
The Council determined that the sector allocations in Amendment 49
would result in the most appropriate balance between the needs of both
sectors to maximize harvest opportunities. The Council considers this
revised allocation to be fair and equitable to fishery participants in
both the commercial and recreational sectors. The Council determined
that this allocation is also reasonably calculated to promote
conservation and is a wise use of the resource, since it achieves OY
and is based upon an ABC recommendation from their SSC that
incorporates the best scientific information available. The Council
acknowledged that the recreational sector would benefit with an
increase to their allocation, and that the recreational sector
management measures and accountability measures (AMs) are in place to
prevent overages of the recreational ACL.
The commercial quota for greater amberjack is equivalent to the
commercial ACL. The final rule for Regulatory Amendment 27 to the FMP
established two commercial fishing seasons and divided the commercial
quota between the seasons to lengthen the greater amberjack commercial
season and allow for a more equitable distribution and price stability
of the greater amberjack resource throughout the South Atlantic (85 FR
4588, January 27, 2020). Regulatory Amendment 27 allocated 60 percent
of the commercial quota to Season 1 from March through August, and 40
percent of the quota to
[[Page 40192]]
Season 2 from September through February. Any remaining commercial
quota from Season 1 is added to the commercial quota in Season 2. Any
remaining quota from Season 2 is not carried forward into the next
fishing year. Amendment 49 would not alter the current fishing seasons
or seasonal allocations of the commercial ACL.
Currently, the commercial ACL is 769,388 lb (348,989 kg), gutted
weight. The commercial Season 1 quota is 461,633 lb (209,393 kg),
gutted weight. The commercial Season 2 quota is 307,755 lb (139,595
kg), gutted weight.
Amendment 49 would revise the commercial ACLs to be 1,088,029 lb
(493,522 kg), gutted weight, for 2023-2024; 948,365 lb (430,171 kg),
gutted weight, for 2024-2025; 908,317 lb (412,006 kg), gutted weight,
for 2025-2026; and 898,221 lb (407,426 kg), gutted weight, for 2026-
2027 and subsequent fishing years.
The commercial Season 1 quotas would be 652,817 lb (296,113 kg),
gutted weight, for 2023-2024; 569,019 lb (258,103 kg), gutted weight,
for 2024-2025; 544,990 lb (247,203 kg), gutted weight, for 2025-2026;
and 538,933 lb (244,456 kg), gutted weight, for 2026-2027 and
subsequent fishing years.
The commercial Season 2 quotas would be 435,212 lb (197,409 kg),
gutted weight, for 2023-2024; 379,346 lb (172,068 kg), gutted weight,
for 2024-2025; 363,327 lb (164,802 kg), gutted weight, for 2025-2026;
and 359,288 lb (162,970 kg), gutted weight, for 2026-2027 and
subsequent fishing years.
The current recreational ACL is 1,167,837 lb (529,722 kg), round
weight. In Amendment 49,the recreational ACLs would be 2,101,450 lb
(953,202 kg), round weight, for 2023-2024; 1,831,700 lb (830,845 kg),
round weight, for 2024-2025; 1,754,350 lb (795,760 kg), round weight,
for 2025-2026; and 1,734,850 lb (786,915 kg), round weight, for 2026-
2027 and subsequent fishing years.
Commercial Minimum Size Limit
Amendment 4 to the FMP (56 FR 56016, October 31, 1991) implemented
the current minimum size limit for the commercial sector of 36 inches
(91.4 cm) fork length (FL).
Amendment 49 would reduce the commercial minimum size limit to 34
inches (86.4 cm), FL. Consideration of a reduced commercial minimum
size limit was recommended during public scoping (April 2021) and from
the Council's Snapper-Grouper Advisory Panel (AP) at their April 2021
meeting. For similar reasons as those provided through public and AP
comments, the Council determined that reducing the minimum size limit
would reduce regulatory discards, reduce the risk of shark depredation,
and more align with the greater commercial desirability for smaller
fish. Additionally, the Council decided that a reduction to 34 inches
(86.4 cm), FL, is not likely to jeopardize the current positive stock
status, given other management constraints on the commercial sector
such as in-season AMs, trip limits, and split season quotas.
Seasonal Commercial Trip Limits
The final rule for Regulatory Amendment 27 revised the commercial
trip limit for greater amberjack to the current limits of 1,200 lb (544
kg) during Season 1, and 1,000 lb (454 kg) during Season 2 (in round or
gutted weight).
Amendment 49 would increase the Season 2 trip limit for greater
amberjack to 1,200 lb (544 kg). After hearing a recommendation for this
change from the Snapper-Grouper AP, the Council selected this option to
have more regulatory consistency by having the same commercial trip
limit throughout the year. Additionally, the Council acknowledged that
the analyses considered in Amendment 49 indicate that under the 1,200
lb (544 kg) trip limit, the commercial sector is not expected to
experience a closure in Season 2. The Council decided that having the
same trip limit throughout the fishing year would best meet the purpose
of revising the commercial trip limit to increase efficiency of
commercial fishing for greater amberjack, while minimizing adverse
social and economic effects.
April Spawning Closure
The peak spawning month for greater amberjack is during April and
spawning aggregations are vulnerable to fishing effort during that time
of the year. Due to the concerns of high catch rates of greater
amberjack in spawning aggregations, the final rule for Amendment 4 to
the FMP (56 FR 56016, October 31, 1991) implemented a spawning season
closure for the commercial harvest of greater amberjack during April,
in which commercial fishermen were restricted to a three fish per
person per day limit (the same as the recreational bag limit at the
time). To further enhance the protection to spawning greater amberjack,
the final rule for Amendment 9 to the FMP revised those commercial
possession limits and sale/purchase restrictions (64 FR 3624, February
24, 1999). Currently during April each year, for both the commercial
and recreational sectors, no person may sell or purchase a greater
amberjack harvested from the South Atlantic EEZ and the harvest and
possession limit is one per person per day or one per person per trip,
whichever is more restrictive.
Amendment 49 would revise the April spawning closure restrictions
for both the commercial and recreational sectors from April 1 through
April 30, and not allow any person to fish for, harvest, or possess a
greater amberjack from the South Atlantic EEZ and the harvest and
possession limits would be zero. The sale or purchase of greater
amberjack would also continue to be prohibited in April. The Council
determined that additional protections were needed for greater
amberjack during this portion of their peak spawning period (April-
May), and that both sectors should fully participate in this effort by
not allowing either sector to harvest greater amberjack.
Proposed Rule for Amendment 49
A proposed rule to implement Amendment 49 has been drafted. In
accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule for Amendment 49 to determine whether it is consistent
with the FMP, the Magnuson-Stevens Act, and other applicable law. If
that determination is affirmative, NMFS will publish the proposed rule
in the Federal Register for public review and comment.
Consideration of Public Comments
The Council has submitted Amendment 49 for Secretarial review,
approval, and implementation. Comments on Amendment 49 must be received
by August 21, 2023. Comments received during the respective comment
periods, whether specifically directed to Amendment 49 or the proposed
rule, will be considered by NMFS in the decision to approve, partially
approve, or disapprove, Amendment 49. All comments received by NMFS on
the amendment or the proposed rule during their respective comment
periods will be addressed in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 13, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-13049 Filed 6-16-23; 11:15 am]
BILLING CODE 3510-22-P
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