Proposed Rule2023-14620
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Amendment 53
Primary source
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Published
July 13, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes regulations to implement Amendment 53 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 gag, this proposed rule would revise the sector annual catch limits (ACLs), commercial trip limits, recreational bag, vessel, and possession limits, and recreational accountability measures (AMs). For black grouper, this proposed rule would revise the recreational bag, vessel, and possession limits. In addition, Amendment 53 would establish a rebuilding plan, and revise the overfishing levels, acceptable biological catch (ABC), annual optimum yield (OY), and sector allocations for gag. The purpose of this proposed rule and Amendment 53 is to end overfishing of gag, 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 88 Issue 133 (Thursday, July 13, 2023)</title>
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[Federal Register Volume 88, Number 133 (Thursday, July 13, 2023)]
[Proposed Rules]
[Pages 44764-44774]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14620]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230706-0161]
RIN 0648-BM27
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic; Amendment 53
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 53 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 gag, this proposed rule would revise
the sector annual catch limits (ACLs), commercial trip limits,
recreational bag, vessel, and possession limits, and recreational
accountability measures (AMs). For black grouper, this proposed rule
would revise the recreational bag, vessel, and possession limits. In
addition, Amendment 53 would establish a rebuilding plan, and revise
the overfishing levels, acceptable biological catch (ABC), annual
optimum yield (OY), and sector allocations for gag. The purpose of this
proposed rule and Amendment 53 is to end overfishing of gag, 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 August 14, 2023.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2023-0045,'' 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-2023-0045'', 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 53, 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-53-rebuilding-plan-gag-and-management-gag-and-black-grouper/">https://www.fisheries.noaa.gov/action/amendment-53-rebuilding-plan-gag-and-management-gag-and-black-grouper/</a>.
FOR FURTHER INFORMATION CONTACT: Frank Helies, telephone: 727-824-5305,
or email: <a href="/cdn-cgi/l/email-protection#e18793808f8acf89848d888492a18f8e8080cf868e97"><span class="__cf_email__" data-cfemail="96f0e4f7f8fdb8fef3fafff3e5d6f8f9f7f7b8f1f9e0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The South Atlantic snapper-grouper fishery,
which includes gag and black grouper, 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.
All weights described in this proposed rule are in gutted weight,
unless otherwise specified.
In 2006, the gag stock was assessed through the Southeast Data,
Assessment, and Review (SEDAR) process as a benchmark assessment (SEDAR
10). The assessment indicated that the gag stock was not overfished but
was undergoing overfishing. The Council and NMFS implemented management
measures, including implementing a spawning season closure to end
overfishing through the final rule for Amendment 16 to the FMP (74 FR
30964, July 29, 2009).
In 2014, the gag stock was assessed again through the SEDAR 10
Update as a standard assessment. The assessment indicated that the gag
stock was not overfished but was still experiencing overfishing.
However, the Council's Scientific and Statistical Committee (SSC) noted
that the fishing mortality rate for 2012, and the projected fishing
mortality rate in 2013, based on the actual landings, suggested that
overfishing did not occur in 2012 and 2013. Consequently, NMFS
determined that the gag stock was not undergoing overfishing. In
response to the SEDAR 10 Update, the Council and NMFS modified the ACLs
and management measures through the final rule for Regulatory Amendment
22 to the FMP (80 FR 48277, August 12, 2015).
Amendment 53 responds to the most recent stock assessment for South
Atlantic gag (SEDAR 71 2021). The Council's SSC reviewed the gag stock
[[Page 44765]]
assessment (SEDAR 71 2021) at their June 2021 meeting. The assessment
followed a standard approach using data through 2019, and incorporated
the revised estimates for recreational catch from the Marine
Recreational Information Program (MRIP) Fishing Effort Survey (FES).
The findings of the assessment indicated that the South Atlantic gag
stock is overfished and undergoing overfishing. The SSC found that the
assessment was conducted using the best scientific information
available, was adequate for determining stock status and supporting
total fishing level recommendations. NMFS notified the Council of the
updated status of the gag stock via letter dated July 23, 2021.
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 53 to respond to the results of SEDAR 71.
The Council requested several different rebuilding projections for
the gag stock including a 50 percent and a 70 percent probability of
rebuilding under recent low recruitment and longer-term modeled
recruitment scenarios. The SSC recommended ABC values based on a 70
percent probability of rebuilding in 10 years and recruitment based on
the long-term recruitment scenario from SEDAR 71. However, in March
2023, the NMFS Southeast Fisheries Science Center advised the Council
that unless gag discards were reduced in similar proportion to the
reduction in landings, the probability of rebuilding would be below the
expected 70 percent probability of rebuilding but still be above 50
percent, as required under the Magnuson-Stevens Act. The Council
accepted the SSC's recommended ABC values, as discussed below.
In Amendment 53, the Council would also revise the overfishing
limit (OFL) for gag, and update other biological reference points.
Amendment 53 would set the OFL to 367,235 lb (166,575 kg), for 2023;
494,338 lb (224,228 kg), for 2024; 605,227 lb (274,526 kg), for 2025;
706,366 lb (320,402 kg), for 2026; 808,266 lb (366,623 kg), for 2027;
912,033 lb (413,691 kg), for 2028; 1,011,133 lb (458,642 kg), for 2029;
1,098,379 lb (498,216 kg), for 2030; 1,171,120 lb (531,211 kg), for
2031; and 1,230,363 lb (558,083 kg), for 2032 and subsequent fishing
years.
The Council intends that Amendment 53 would end overfishing of
South Atlantic gag, 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 trip
limits, recreational bag, vessel, and possession limits, and
recreational AMs for gag. Because gag and black grouper are often
misidentified by recreational fishermen, this proposed rule would also
address recreational vessel limits and a prohibition on captain and
crew bag limit retention for black grouper.
Total ACLs
Through the final rule for Regulatory Amendment 22 to the FMP, the
current total ACL and annual OY were set at 734,350 lb (333,095 kg),
which is 95 percent of the current ABC (80 FR 48277, August 12, 2015).
In Amendment 53, the Council would revise the ABC based on SEDAR 71 and
the recommendation of the SSC, and set the ABC, ACL, and annual OY
equal to each other.
This proposed rule would revise the total ACL (and the annual OY)
equal to the recommended ABC of 175,632 lb (79,665 kg), for 2023;
261,171 lb (118,465 kg), for 2024; 348,352 lb (158,010 kg), for 2025;
435,081 lb (197,349 kg), for 2026; 524,625 lb (237,966 kg), for 2027;
617,778 lb (280,219 kg), for 2028; 711,419 lb (322,694 kg), for 2029;
800,088 lb (362,914 kg), for 2030; 879,758 lb (399,052 kg), for 2031;
and 948,911 lb (430,419 kg), for 2032 and subsequent fishing years.
Sector Allocations and ACLs
Amendment 53 would revise the commercial and recreational
allocations for gag. The current sector ACLs for gag are based on the
commercial and recreational allocations of the total ACL at 51 percent
and 49 percent, respectively, that were established through Amendment
16 to the FMP (74 FR 30964, July 29, 2009). The Council used the
distribution of landings from 1999 through 2003 to determine the
existing allocations.
In Amendment 53, the Council would adjust the commercial and
recreational sector allocations 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 to
achieve the new total ACL proportionally for 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 average of commercial and
recreational (FES) landings from 2015 through 2019, and split the
reduction needed to achieve the new reduced ACL in 2023 proportionally
among the sectors. Then in each subsequent year throughout the
rebuilding plan, as the 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 adjustments would
result in allocation percentages of 49 percent commercial and 51
percent recreational for 2023 through 2026. Each year thereafter would
be a 50 percent commercial and 50 percent recreational allocation.
The Council determined that the preferred sector allocation method
in Amendment 53 more fairly deals with the initial reduction in
landings that results 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 method distributes both
overfishing restrictions and recovery benefits for gag fairly and
equitably among both sectors. Thus, the Council considers this
allocation method to be fair and equitable to fishery participants in
both the commercial and recreational sectors. In addition, this
allocation method is also reasonably calculated to promote
conservation, since it achieves OY while it remains within the
boundaries of a total ACL that is based upon an ABC recommendation that
would end overfishing and rebuild the stock, incorporating the best
scientific information available.
The current commercial ACL for gag is 347,301 lb (157,533 kg) and
was implemented through Amendment 16 to the FMP (74 FR 30964, July 29,
2009). The commercial ACLs in this proposed rule would be 85,326 lb
(38,703 kg), for 2023; 128,096 (58,103 kg), for 2024; 171,687 (77,876
kg), for 2025; 215,051 (97,545 kg), for 2026; 259,823 (117,854 kg), for
2027; 306,400 (138,981 kg), for 2028; 353,220 (160,218 kg), for 2029;
397,555 (180,328 kg), for 2030; 437,390 (198,397 kg), for 2031; and
471,966 lb (214,080 kg), for 2032 and subsequent years.
[[Page 44766]]
The current recreational ACL for gag is 359,832 lb (172,807 kg) and
was implemented through Amendment 16 to the FMP (74 FR 30964, July 29,
2009). The recreational ACLs in this proposed rule would be 90,306 lb
(40,962 kg), for 2023; 133,075 lb (60,362 kg), for 2024; 176,665 lb
(80,134 kg), for 2025; 220,030 lb (99,804 kg), for 2026; 264,802 lb
(120,112 kg), for 2027; 311,378 lb (141,239 kg), for 2028; 358,199 lb
(162,476 kg), for 2029; 402,533 (182,586 kg), for 2030; 442,368 lb
(200,655 kg), for 2031; and 476,945 lb (216,339 kg), for 2032 and
subsequent years.
Commercial Trip Limits
The final rule for Regulatory Amendment 14 to the FMP established
the current commercial trip limit for gag of 1,000 lb (454 kg), until
75 percent of the commercial quota is met, at which time the commercial
trip limit is reduced to 500 lb (227 kg) for the remainder of the
fishing year or until the commercial quota is met (79 FR 66316,
December 8, 2014). This proposed rule would modify the commercial trip
limit for gag to be 300 lb (136 kg), without a trip limit reduction.
Under the proposed trip limit, the Council determined that
commercial fishermen could retain a sufficient amount of gag over the
longest amount of time during a fishing year, and that it would
increase the likelihood of gag remaining open to commercial harvest and
available to consumers for as long as possible during the year.
Recreational Vessel Limits for Gag and Black Grouper
This proposed rule would establish a private recreational vessel
limit for gag and also a private recreational vessel limit for black
grouper of two fish per vessel per day, not to exceed the daily bag
limit of one fish per person per day, whichever is more restrictive.
For for-hire recreational vessels, this proposed rule would establish a
vessel limit for gag and also a vessel limit for black grouper of two
fish per vessel per trip, not to exceed the daily bag limit of one fish
per person per day, whichever is more restrictive.
There is currently no recreational vessel limit for gag or black
grouper. The current recreational bag and possession limits for gag and
black grouper in the South Atlantic, specified by Regulatory Amendment
22 to the FMP, are one fish per person per day within the three fish
aggregate for grouper and tilefish, and no more than one of those fish
may be a gag or a black grouper.
Given the substantial reduction in harvest needed to end
overfishing immediately and to increase the likelihood of rebuilding
the gag stock, the Council decided to establish recreational vessel
limits for gag that would continue to allow recreational retention and
help constrain harvest to the reduced recreational ACL. As previously
mentioned, gag and black grouper are often misidentified by
recreational fishermen. Because of these misidentification issues
between the two species, coupled with the need to greatly reduce the
harvest of gag to end overfishing and rebuild the stock, this proposed
rule would also implement recreational vessel limits to help with
harvest constraints for black grouper to indirectly benefit the gag
portion of the snapper-grouper fishery.
This proposed rule would not alter the gag or black grouper
recreational bag limits, which would remain one gag or one black
grouper per person per day within the three fish aggregate for grouper
and tilefish. This proposed rule would establish a per day gag and
black grouper recreational vessel limit for the private angling
component and a per trip gag and black grouper vessel limit for the
charter vessel and headboat (for-hire) component. These separate vessel
limits would be expected to constrain harvest for these two separate
components of the recreational sector. Because for-hire vessels may
take multiple trips in a single day, the Council determined that a per
trip maximum vessel limit would ensure equal access for new customers
on a second for-hire trip of the day by not requiring discarding of a
gag or black grouper if one was previously caught and kept by a
different customer on the first trip of a day.
Prohibition of Captain and Crew Bag Limit Retention for Gag and Black
Grouper
The captain and crew on a for-hire vessel with a Federal for-hire
snapper-grouper permit may currently retain the daily bag limit of gag
or black grouper as is allowed for each for-hire passenger. This
proposed rule would set the gag and black grouper bag limit for captain
and crew on a for-hire vessel with a Federal for-hire snapper-grouper
permit at zero. The Council determined that because of the need to
constrain the harvest of gag to the reduced recreational catch levels
and because of the misidentification issues previously discussed,
continuing to allow captain and crew to retain a daily bag limit of gag
or black grouper would increase the potential gag harvest by
recreational for-hire anglers and would prevent necessary reductions in
the harvest of gag from being achieved.
Recreational AMs
The current recreational AMs for gag were established through
Amendment 34 to the FMP (81 FR 3731, January 22, 2016). The 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 recreational 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. Also, if the total ACL is exceeded and gag 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 gag. The
current in-season closure AM would be retained and the post-season
recreational AM would be revised. If recreational landings for gag
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. The proposed AM would
remove the current potential duplicate AM application of a reduction in
the recreational season length and an overage adjustment (payback) of
the recreational ACL overage if the total ACL was exceeded. Under this
proposed measure, the AM trigger would not be tied to the total ACL,
but only to the recreational ACL. The proposed AM 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 recreational AM being implemented
would apply to the recreational fishing season following the year of a
recreational ACL overage. Additionally, under the proposed recreational
AM, the length of the recreational season would not be reduced if the
Regional Administrator determines, using the best scientific
information available, that such is reduction is unnecessary. This
proposed rule would not revise the commercial AMs because the Council
determined that the current commercial AM remains sufficient to ensure
commercial landings would not exceed either the current or revised
commercial ACL.
[[Page 44767]]
Management Measures in Amendment 53 Not Codified by This Proposed Rule
In addition to the measures within this proposed rule, Amendment 53
would revise the OFL for gag and update other biological reference
points. Amendment 53 would also establish a rebuilding plan, and revise
the ABC, the OY, and the sector allocations for gag.
Rebuilding Plan for the South Atlantic Gag Stock
Amendment 53 would establish a 10-year rebuilding plan, which is
the longest allowable rebuilding scenario (Tmax) allowed for the gag
stock 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 intends
that their preferred choice of the 10-year timeframe for rebuilding in
Amendment 53 beginning in 2023 would reduce the severity of the
management measures and thus result in fewer short-term negative social
and economic impacts on fishing communities.
ABC and Annual OY
The current OFL of 825,000 lb (374,214 kg) and ABC of 773,000 lb
(350,627 kg) are inclusive of Coastal Household Telephone Survey (CHTS)
estimates of private recreational and charter landings. The Council's
SSC reviewed the latest stock assessment (SEDAR 71) and recommended new
ABC levels as determined by SEDAR 71. 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 the updated FES. MRIP began incorporating a new survey
design for APAIS in 2013 and replaced the 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 53, 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 is
more robust compared to the MRIP CHTS method. The new ABC
recommendations within Amendment 53 also represent the best scientific
information available as determined by the SSC.
The Council chose to specify OY for gag 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).
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 53, 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.
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 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 analysis follows. A copy of this analysis is available
from NMFS (see ADDRESSES).
This proposed rule, if implemented, would: (1) revise the gag total
ACL and sector ACLs, (2) reduce the commercial trip limit for gag, (3)
revise the gag recreational bag, vessel, and possession limits, (4)
revise the gag recreational AMs, and (5) for black grouper revise the
recreational bag, vessel, and possession limits. Item (1), the gag
total ACL and sector ACLs, would apply to all federally-permitted
commercial vessels, federally-permitted charter vessels and headboats
(for-hire vessels), and recreational anglers that fish for or harvest
gag in federal waters of the South Atlantic. Item (2), the commercial
trip limit for gag, would only apply to commercial vessels. Items (3),
gag recreational bag, vessel, and possession limits; (4), gag
recreational AMs; and (5), black grouper recreational bag, vessel, and
possession limits, would only apply to for-hire vessels and
recreational anglers. None of the proposed changes would directly apply
to federally-permitted dealers. Any change in the supply of gag
available for purchase by dealers as a result of this proposed rule,
and associated economic effects, would be an indirect effect of the
proposed regulatory action and would therefore fall outside the scope
of the RFA.
Although most provisions 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 gag catch limits and gag and black
grouper 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, secondary
to any direct effect on anglers and, therefore, an indirect effect of
the proposed rule. Based on the historically-minimal level of charter
mode target effort for gag and black grouper in the South Atlantic, the
low retention limit for these species, 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, any
such indirect effects would fall outside the scope of the RFA. For-hire
captains and crew are currently allowed to retain gag and black grouper
under the recreational bag limits; however, they are not allowed to
sell these fish. As such, for-hire captains and crew are only affected
as recreational anglers. The RFA does not consider recreational anglers
to be entities, so they are also outside the scope of this analysis (5
U.S.C. 603). Small entities include small businesses, small
organizations, and small governmental jurisdictions (5 U.S.C. 601(6)
and 601(3)-(5)). Recreational anglers are not businesses,
organizations, or governmental jurisdictions. In summary, only the
impacts on commercial vessels will be discussed.
As of August 26, 2021, there were 579 valid or renewable South
Atlantic Snapper-Grouper unlimited permits and 112 valid or renewable
225-lb (102.1 kg) trip-limited permits. On average from 2015 through
2019, there were 203 federally-permitted commercial vessels with
reported landings of gag in the South Atlantic. Their average annual
vessel-level gross revenue from all species for 2015 through 2019 was
$67,722 (2021 dollars) and gag accounted for approximately 10 percent
of this revenue. For commercial vessels
[[Page 44768]]
that harvest gag in the South Atlantic, NMFS estimates that economic
profits are $677 (2021 dollars) or 1 percent of annual gross revenue,
on average. The maximum annual revenue from all species reported by a
single one of the vessels that harvested gag from 2015 through 2019 was
$638,709 (2021 dollars).
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (North American Industry Classification
System code 11411) is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has combined annual receipts
not in excess of $11 million for all its affiliated operations
worldwide. All of the commercial fishing businesses directly regulated
by this 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 revise the gag total ACLs based on the
most recent recommendation from the SSC in response to the SEDAR 71
(2021) gag stock assessment. 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 2032 total ACL
values would remain in effect until changed by future Council action.
Relative to the current commercial ACL of 347,301 lb (157,533 kg) and
applying the current commercial sector allocation of 51 percent, the
proposed changes to the gag catch limits would result in a decrease in
the commercial ACL during 2023 and through 2028 and an increase
thereafter, as shown in Table 1. However, as discussed below, this
proposed rule would also modify the percentage of the total ACL that is
allocated to the commercial sector, and therefore, estimated economic
effects to small entities are considered as part of that discussion
below.
Table 1--Proposed Total ACLs and Commercial ACLs, as Based on Current Allocation Percentages
----------------------------------------------------------------------------------------------------------------
Difference between
Commercial ACL in lb proposed and current
Year Total ACL in lb (kg) (kg) commercial ACL in lb
(kg)
----------------------------------------------------------------------------------------------------------------
2023................................. 175,632 (79,665) 89,572 (40,629) -257,729 (-116,904)
2024................................. 261,171 (118,465) 133,197 (60,417) -214,104 (-97,116)
2025................................. 348,352 (158,010) 177,660 (80,585) -169,641 (-76,948)
2026................................. 435,081 (197,349) 221,891 (100,648) -125,410 (-56,885)
2027................................. 524,625 (237,966) 267,559 (121,363) -79,742 (-36,170)
2028................................. 617,778 (280,219) 315,067 (142,912) -32,234 (-14,621)
2029................................. 711,419 (322,694) 362,824 (164,574) 15,523 (7,041)
2030................................. 800,088 (362,914) 408,045 (185,086) 60,744 (27,553)
2031................................. 879,758 (399,052) 448,677 (203,516) 101,376 (45,983)
2032+................................ 948,911 (430,419) 483,945 (219,514) 136,644 (61,981)
----------------------------------------------------------------------------------------------------------------
This proposed rule would set gag sector allocations and sector ACLs
in 2023 proportional to each sector's share of total average landings
(commercial and recreational combined) from 2015 through 2019. 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. As a result, the allocation
percentages would gradually shift over time. The 2032 values would
remain in effect unless changed by future management action. As shown
in Table 2, the combined economic effects of the proposed total ACLs in
conjunction with the proposed revisions to the commercial allocation
and ACLs, are estimated to be negative from 2023 through 2028 and
positive thereafter. These estimates assume the full commercial ACL is
harvested each year. Dividing the change in economic profits for each
year shown in Table 2 by the average number of vessels with reported
landings of gag from 2015 through 2019, the estimated annual change in
economic profits per vessel would range from -$84 (a 12 percent loss
per vessel) in 2023 (2021 dollars) to $40 (a 6 percent increase per
vessel) in 2032. These estimated economic effects would be changing
over time, and the time value of money concept suggests money earned
sooner is more valuable than money earned later because of its earning
potential. Therefore, when calculating an average annual effect, it is
important to discount the future stream of benefits and costs back to
present time to account for an assumed rate of return on capital. The
net present value (NPV) of the estimated stream of changes in ex-vessel
revenue over a 10 year period (2023 through 2032), using a 3 percent
discount rate, is -$4.2 million (2021 dollars) and the annualized NPV
during that period would be -$490,415. The average annualized NPV of
changes in ex-vessel revenue and economic profits per vessel would be -
$2,416 and -$24, respectively. Individual fishing businesses, however,
may experience varying levels of economic effects, depending on their
fishing practices, operating characteristics, and profit maximization
strategies.
[[Page 44769]]
Table 2--Proposed Commercial Allocation, With Changes in Commercial ACL, Ex-Vessel Revenue, and Economic Profits Relative to the Status Quo Commercial
ACL of 347,301 lb (157,533 kg)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Change in ex-
vessel revenue Change in
Year Commercial Commercial ACL in lb Change in lb (kg) relative to no economic
allocation (kg) relative to no action action (2021 profits (2021
dollars) dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023.................................................. 0.49 85,326 (38,703) -261,975 (-118,830) -$1,705,457 -$17,055
2024.................................................. 0.49 128,096 (58,103) -219,205 (-99,430) -1,427,025 -14,270
2025.................................................. 0.49 171,687 (77,876) -175,614 (-79,657) -1,143,247 -11,432
2026.................................................. 0.49 215,051 (97,545) -132,250 (-59,988) -860,948 -8,609
2027.................................................. 0.50 259,823 (117,854) -87,478 (-39,679) -569,482 -5,695
2028.................................................. 0.50 306,400 (138,981) -40,901 (-18,552) -266,266 -2,663
2029.................................................. 0.50 353,220 (160,218) 5,919 (2,685) 38,533 385
2030.................................................. 0.50 397,555 (180,328) 50,254 (22,795) 327,154 3,272
2031.................................................. 0.50 437,390 (198,397) 90,089 (40,864) 586,479 5,865
2032+................................................. 0.50 471,966 (214,080) 124,665 (56,547) 811,569 8,116
--------------------------------------------------------------------------------------------------------------------------------------------------------
In addition to the changes mentioned above, this proposed rule
would reduce the gag commercial trip limit to 300 lb (136 kg). Under
the status quo commercial ACL, this would be expected to reduce
commercial gag landings by 20 percent or 46,333 lb (21,016 kg) per
year. This reduction in landings would represent an estimated annual
loss of $301,630 (2021 dollars) in ex-vessel revenue and $3,016 in
economic profits to the commercial sector. However, the trip limit
would be modified in conjunction with the revised commercial ACL (Table
2) and NMFS expects the commercial sector to fully harvest the revised
commercial ACL, even with the reduced commercial trip limit, at least
in the beginning years (2023-2025) of the rebuilding plan. Therefore,
these economic effects would initially be subsumed under those
described for the proposed ACLs and allocations (Table 2). In later
years (2026-2032), the reduced trip limit may prevent the full harvest
of the commercial ACL, thereby reducing the economic benefits
associated with the increasing ACLs; however, landings rates for later
years are more uncertain. In general, reducing the commercial trip
limit, even if aggregate landings remain the same, may reduce the
economic efficiency of individual trips which, in turn, may have
negative consequences on economic profits. These effects cannot be
quantified with existing data.
Three alternatives were considered for the action to revise the
ABC, based on the SSC's latest recommendations, and set the total ACL
and annual OY equal to it. The first alternative, the no action
alternative, would retain the existing ABC of 773,000 lb (350,627 kg).
Under this alternative, the total ACL and annual OY would remain
equivalent to 95 percent of the current ABC or 734,350 lb (333,096 kg).
Because no changes would be made to the current catch limits, the first
alternative would not be expected to change fishing practices or
commercial harvests of gag, nor would it be expected to result in
direct economic effects. This alternative was not selected by the
Council because it would be inconsistent with their SSCs' latest catch
limit recommendations and the transition to the MRIP FES, and
therefore, would not be based on the best scientific information
available.
The second alternative to the proposed action to revise the ABC,
ACL and annual OY would adopt the revised ABCs recommended by the SSC;
however, it would set both the total ACL and annual OY equal to 95
percent of the ABC. The change in pounds between the total and
commercial ACLs under this alternative relative to the proposed action,
along with the expected change in ex-vessel revenue are provided in
Table 3. Relative to the proposed total ACLs and assuming no change to
the current sector allocations, this alternative would reduce the
commercial ACL by a range of 4,479 lb (2,032 kg) in 2023 to 24,197 lb
(10,976 kg) in 2032 and subsequent years (Table 3). Assuming the
commercial ACL would be harvested in full under either the proposed
action or the second alternative, this translates to a loss in ex-
vessel revenue of $29,156 to $157,524 (2021 dollars) and a loss in
economic profits equal to 1 percent of that or $292 to $1,575. The NPV
of the estimated stream of changes in ex-vessel revenue over a 10 year
period (2023 through 2032) relative to the proposed commercial ACLs,
using a 3 percent discount rate, is -$777,295 (2021 dollars) and the
annualized NPV during that period would be -$91,123. The average
annualized NPV of changes in ex-vessel revenue and economic profits per
vessel (assuming 203 affected vessels) would be -$449 and -$4,
respectively. The Council did not select the second alternative because
they determined it would be less effective at achieving the objectives
of the FMP and that the current ACL monitoring mechanisms in the South
Atlantic, coupled with the existing and proposed management measures,
would be sufficient at preventing overages, thus not requiring 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 Revise the ABC, ACL, and Annual OY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Difference in
Total ACL under commercial ACL in lb Change in potential ex-
Year Proposed total ACL in alternative 2 in lb Difference in total ACL (kg) using current vessel revenue (2021
lb (kg) (kg) in lb (kg) allocation of 51 dollars)
percent
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2023............................................................... 175,632 (79,665) 166,850 (75,682) -8,782 (-3,983) -4,479 (-2,032) -$29,156
2024............................................................... 261,171 (118,465) 248,112 (112,542) -13,059 (-5,923) -6,660 (-3,021) -43,356
[[Page 44770]]
2025............................................................... 348,352 (158,010) 330,934 (150,109) -17,418 (-7,901) -8,883 (-4,029) -57,828
2026............................................................... 435,081 (197,349) 413,327 (187,482) -21,754 (-9,867) -11,095 (-5,033) -72,226
2027............................................................... 524,625 (237,966) 498,394 (226,068) -26,231 (-11,898) -13,378 (-6,068) -87,090
2028............................................................... 617,778 (280,219) 586,889 (266,208) -30,889 (-14,011) -15,753 (-7,145) -102,554
2029............................................................... 711,419 (322,694) 675,848 (306,559) -35,571 (-16,135) -18,141 (-8,229) -118,099
2030............................................................... 800,088 (362,914) 760,084 (344,768) -40,004 (-18,146) -20,402 (-9,254) -132,819
2031............................................................... 879,758 (399,052) 835,770 (379,099) -43,988 (-19,953) -22,434 (-10,176) -146,044
2032+.............................................................. 948,911 (430,419) 901,465 (408,898) -47,446 (-21,521) -24,197 (-10,976) -157,524
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The third alternative to the proposed action to revise the ABC, ACL
and annual OY would adopt the revised ABCs recommended by the SSC;
however, it would set both the total ACL and annual OY equal to 90
percent of the ABC. The change in pounds between the total and
commercial ACLs under this alternative relative to the proposed action,
along with the expected change in ex-vessel revenue are provided in
Table 4. Relative to the proposed total ACLs and assuming no change to
the current sector allocations, this alternative would reduce the
commercial ACL by a range of 8,957 lb (4,063 kg) in 2023 to 48,394 lb
(21,951 kg) in 2032 and subsequent years (Table 4). Assuming the
commercial ACL would be harvested in full under either the proposed
action or the third alternative, this translates to a loss in ex-vessel
revenue of $58,312 to $315,048 (2021 dollars) and a loss in economic
profits equal to 1 percent of that or $583 to $3,150. The NPV of the
estimated stream of changes in ex-vessel revenue over a 10 year period
(2023 through 2032) relative to the proposed commercial ACLs, using a 3
percent discount rate, is -$1.6 million (2021 dollars) and the
annualized NPV during that period would be -$182,245. The average
annualized NPV of changes in ex-vessel revenue and economic profits per
vessel (assuming 203 affected vessels) would be -$898 and -$9,
respectively. The Council did not select the third alternative because
they determined it would be less effective at achieving the objectives
of the FMP and that the current monitoring mechanisms in the South
Atlantic, coupled with the existing and proposed management measures,
would be sufficient at preventing overages, thus not requiring a buffer
between the ABC and total ACL.
Table 4--Differences in Total ACL, Commercial ACL, and Ex-Vessel Revenue Under the Third Alternative to the Proposed Action To Revise the ABC, ACL, and
Annual OY
--------------------------------------------------------------------------------------------------------------------------------------------------------
Difference in
Total ACL under commercial ACL in lb Change in
Year Proposed total ACL Alternative 3 in lb Difference in total (kg) using current potential ex-
in lb (kg) (kg) ACL in lb (kg) allocation of 51 vessel revenue
percent (2021 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023............................................. 175,632 (79,665) 158,069 (71,699) -17,563 (-7,966) -8,957 (-4,063) -$58,312
2024............................................. 261,171 (118,465) 235,054 (106,619) -26,117 (-11,846) -13,320 (-6,042) -86,711
2025............................................. 348,352 (158,010) 313,517 (142,209) -34,835 (-15,801) -17,766 (-8,059) -115,656
2026............................................. 435,081 (197,349) 391,573 (177,615) -43,508 (-19,735) -22,189 (-10,065) -144,451
2027............................................. 524,625 (237,966) 472,163 (214,170) -52,463 (-23,797) -26,756 (-12,136) -174,181
2028............................................. 617,778 (280,219) 556,000 (252,197) -61,778 (-28,022) -31,507 (-14,291) -205,108
2029............................................. 711,419 (322,694) 640,277 (290,425) -71,142 (-32,269) -36,282 (-16,457) -236,198
2030............................................. 800,088 (362,914) 720,079 (326,622) -80,009 (-36,291) -40,804 (-18,508) -265,637
2031............................................. 879,758 (399,052) 791,782 (359,146) -87,976 (-39,905) -44,868 (-20,352) -292,088
2032+............................................ 948,911 (430,419) 854,020 (387,377) -94,891 (-43,042) -48,394 (-21,951) -315,048
--------------------------------------------------------------------------------------------------------------------------------------------------------
Four alternatives were considered for the proposed action to revise
the gag sector allocations and sector ACLs. The first alternative, the
no action alternative, would retain the current commercial and
recreational sector allocations as 51 percent and 49 percent,
respectively, of the revised total ACL for gag. 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
that ranges from $27,641 ($136 per vessel) in 2023 to $77,983 ($384 per
vessel) in 2032 (Table 5). The NPV of the estimated stream of changes
in ex-vessel revenue over a 10 year period (2023 through 2032) relative
to the proposed allocation, using a 3 percent discount rate, is
$443,067 (2021 dollars) and the annualized NPV during that period would
be $51,941. The average annualized NPV of changes in ex-vessel revenue
and economic profits per vessel (assuming 203 affected vessels) would
be $256 and $3, respectively. The Council did not select the first
alternative because they determined other proposed alternatives
provided allocation methods that incorporated more recent landings and
were therefore a better representation of the gag portion of the
snapper-grouper fishery moving forward. These allocation methods also
provided better fairness and equity between the sectors.
[[Page 44771]]
Table 5--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the First Alternative to the Proposed Allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Change in
Commercial ACL in commercial ACL Change in
Proposed Alternative 1 lb (kg) under in lb (kg) potential ex-
Year commercial to proposed alternative 1 under vessel revenue
allocation allocation allocation alternative 1 (2021 dollars)
allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023.............................................................. 0.49 0.51 89,572 (40,629) 4,246 (1,926) $27,641
2024.............................................................. 0.49 0.51 133,197 (60,417) 5,101 (2,314) 33,208
2025.............................................................. 0.49 0.51 177,660 (80,585) 5,973 (2,709) 38,884
2026.............................................................. 0.49 0.51 221,891 (100,648) 6,840 (3,103) 44,528
2027.............................................................. 0.50 0.51 267,559 (121,363) 7,736 (3,509) 50,361
2028.............................................................. 0.50 0.51 315,067 (142,912) 8,667 (3,931) 56,422
2029.............................................................. 0.50 0.51 362,824 (164,574) 9,604 (4,356) 62,522
2030.............................................................. 0.50 0.51 408,045 (185,086) 10,490 (4,758) 68,290
2031.............................................................. 0.50 0.51 448,677 (203,516) 11,287 (5,120) 73,478
2032+............................................................. 0.50 0.51 483,945 (219,514) 11,979 (5,434) 77,983
--------------------------------------------------------------------------------------------------------------------------------------------------------
The second alternative to the proposed allocation would use the
distribution of landings from 1999 through 2003 to set the commercial
and recreational sector allocations at 36.37 percent and 63.63 percent,
respectively, of the revised total ACL for gag. Relative to the
proposed allocation, this alternative, when applied to the proposed
total ACLs, would result in a decrease in ex-vessel revenue that ranges
from $139,631 ($688 per vessel) in 2023 to $825,774 ($4,068 per vessel)
in 2032 (Table 6). The NPV of the estimated stream of changes in ex-
vessel revenue over a 10 year period (2023 through 2032) relative to
the proposed allocation, using a 3 percent discount rate, is -$4.02
million (2021 dollars) and the annualized NPV during that period would
be -$470,854. The average annualized NPV of changes in ex-vessel
revenue and economic profits per vessel (assuming 203 affected vessels)
would be -$2,319 and -$23, respectively. The Council did not select the
second alternative because they determined other alternatives provided
allocation methods that incorporated more recent landings and were
therefore a better representation of the gag portion of the snapper-
grouper fishery moving forward. These allocation methods also provided
better fairness and equity between the sectors.
Table 6--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the Second Alternative to the Proposed Allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Change in
Proposed Alternative 2 Commercial ACL in commercial ACL in Change in
Year commercial to proposed lb (kg) under lb (kg) under potential ex-
allocation allocation alternative 2 alternative 2 vessel revenue
allocation allocation (2021 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023.......................................................... 0.49 0.3637 63,877 (28,974) -21,449 (-9,729) -$139,631
2024.......................................................... 0.49 0.3637 94,988 (43,086) -33,108 (-15,018) -215,534
2025.......................................................... 0.49 0.3637 126,696 (57,468) -44,991 (-20,408) -292,894
2026.......................................................... 0.49 0.3637 158,239 (71,776) -56,812 (-25,769) -369,846
2027.......................................................... 0.50 0.3637 190,806 (86,548) -69,017 (-31,306) -449,300
2028.......................................................... 0.50 0.3637 224,686 (101,916) -81,714 (-37,065) -531,959
2029.......................................................... 0.50 0.3637 258,743 (117,364) -94,477 (-42,854) -615,045
2030.......................................................... 0.50 0.3637 290,992 (131,992) -106,563 (-48,336) -693,725
2031.......................................................... 0.50 0.3637 319,968 (145,135) -117,422 (-53,262) -764,417
2032+......................................................... 0.50 0.3637 345,119 (156,543) -126,847 (-57,537) -825,774
--------------------------------------------------------------------------------------------------------------------------------------------------------
The third alternative to the proposed allocation would set the
commercial and recreational sector allocations as 43.06 percent and
56.94 percent, respectively, of the revised total ACL for gag. These
allocations would be based on historical landings information that are
equally-weighted for the periods of 1986 through 2008 and 2006 through
2008. Relative to the proposed allocation, this alternative, when
applied to the proposed total ACLs, would result in a decrease in ex-
vessel revenue that ranges from $63,140 ($311 per vessel) in 2023 to
$412,506 ($2,032 per vessel) in 2032 (Table 7). The NPV of the
estimated stream of changes in ex-vessel revenue over a 10 year period
(2023 through 2032) relative to the proposed allocation, using a 3
percent discount rate, is -$1.98 million (2021 dollars) and the
annualized NPV during that period would be -$231,791. The average
annualized NPV of changes in ex-vessel revenue and economic profits per
vessel (assuming 203 affected vessels) would be -$1,142 and -$11,
respectively. This allocation method uses the allocation formula often
used for unassessed stocks, and while this method has been used for
some assessed stocks, the Council decided that the years used in this
allocation formula would not be the most representative of the gag
portion of the snapper-grouper fishery moving forward.
[[Page 44772]]
Table 7--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the Third Alternative to the Proposed Allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Change in
Proposed Alternative 3 Commercial ACL in commercial ACL in Change in
Year commercial to proposed lb (kg) under lb (kg) under potential ex-
allocation allocation alternative 3 alternative 3 vessel revenue
allocation allocation (2021 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023.......................................................... 0.49 0.4306 75,627 (34,304) -9,699 (-4,399) -$63,140
2024.......................................................... 0.49 0.4306 112,460 (51,011) -15,636 (-7,092) -101,789
2025.......................................................... 0.49 0.4306 150,000 (68,039) -21,687 (-9,837) -141,180
2026.......................................................... 0.49 0.4306 187,346 (84,979) -27,705 (-12,567) -180,360
2027.......................................................... 0.50 0.4306 225,904 (102,468) -33,919 (-15,385) -220,816
2028.......................................................... 0.50 0.4306 266,015 (120,662) -40,385 (-18,318) -262,905
2029.......................................................... 0.50 0.4306 306,337 (138,952) -46,883 (-21,266) -305,208
2030.......................................................... 0.50 0.4306 344,518 (156,271) -53,037 (-24,057) -345,272
2031.......................................................... 0.50 0.4306 378,824 (171,832) -58,566 (-26,565) -381,266
2032+......................................................... 0.50 0.4306 408,601 (185,338) -63,365 (-28,742) -412,506
--------------------------------------------------------------------------------------------------------------------------------------------------------
The fourth alternative to the proposed allocation would set gag
sector allocations and sector ACLs in 2023 proportional to each
sector's share of total average landings (commercial and recreational
combined) from 2017 through 2019. 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. The 2032 values would remain in effect unless changed by
future management action. Relative to the proposed allocation, this
alternative, when applied to the proposed total ACLs, would result in
an annual decrease in ex-vessel revenue of approximately $110,969 ($547
per vessel) (Table 8). The NPV of the estimated stream of changes in
ex-vessel revenue over a 10 year period (2023 through 2032) relative to
the proposed allocation, using a 3 percent discount rate, is -$946,558
(2021 dollars) and the annualized NPV during that period would be -
$110,965. The average annualized NPV of changes in ex-vessel revenue
and economic profits per vessel (assuming 203 affected vessels) would
be -$547 and -$5, respectively. The Council did not select the fourth
alternative because they decided the years of average landings used in
this method did not best represent the gag portion of the snapper-
grouper fishery.
Table 8--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the Fourth Alternative to the Proposed Allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Change in
Proposed Alternative 4 Commercial ACL in commercial ACL in Change in
Year commercial to proposed lb (kg) under lb (kg) under potential ex-
allocation allocation alternative 4 alternative 4 vessel revenue
allocation allocation (2021 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023.......................................................... 0.49 0.39 68,281 (30,972) -17,045 (-7,731) -$110,963
2024.......................................................... 0.49 0.43 111,051 (50,372) -17,045 (-7,731) -110,963
2025.......................................................... 0.49 0.44 154,641 (70,144) -17,046 (-7,732) -110,969
2026.......................................................... 0.49 0.46 198,006 (89,814) -17,045 (-7,731) -110,963
2027.......................................................... 0.50 0.46 242,778 (110,122) -17,045 (-7,731) -110,963
2028.......................................................... 0.50 0.47 289,354 (131,249) -17,046 (-7,732) -110,969
2029.......................................................... 0.50 0.47 336,175 (152,486) -17,045 (-7,731) -110,963
2030.......................................................... 0.50 0.48 380,509 (172,596) -17,046 (-7,732) -110,969
2031.......................................................... 0.50 0.48 420,344 (190,665) -17,046 (-7,732) -110,969
2032+......................................................... 0.50 0.48 454,921 (206,349) -17,045 (-7,731) -110,963
--------------------------------------------------------------------------------------------------------------------------------------------------------
Five alternatives were considered for the proposed action to reduce
the commercial trip limit to 300 lb (136 kg). The first alternative,
the no action alternative, would retain the current trip limit, which
is 1,000 lb (454 kg) until 75 percent of the commercial ACL is met and
then 500 lb (227 kg) for the remainder of the fishing year or until the
commercial ACL is met. Therefore, it would not be expected to change
fishing practices or commercial harvests of gag, nor would it be
expected to result in direct economic effects. This alternative was not
selected by the Council because it would likely result in a short
fishing season and limited availability of gag for seafood consumers.
Additionally, the Council did not think that the commercial trip limit
step-down would be able to be effectively implemented in a timely
manner, particularly in the first several years of the rebuilding plan.
The second alternative to the proposed commercial trip limit of 300
lb (136 kg) would set the commercial trip limit at 200 lb (91 kg).
Under the status quo commercial ACL, this would be expected to reduce
commercial gag landings by 32 percent or 74,133 lb (33,626 kg) per
year. Relative to the proposed commercial trip limit, this alternative
would result in an estimated annual reduction in ex-vessel revenue that
is $180,978 (2021 dollars) greater and an annual reduction in economic
profits that is $1,810 greater. However, because the trip limit would
be modified in conjunction with the revised commercial ACL (Table 2)
and NMFS expects the commercial sector to fully harvest the revised ACL
even with a 200 lb (91 kg) commercial trip limit, at least in the
beginning years of the
[[Page 44773]]
rebuilding plan, these economic effects would initially be subsumed
under those described for the proposed commercial ACLs and allocations.
In later years, the lower trip limit may prevent the full harvest of
the commercial ACL, thereby reducing the economic benefits associated
with the increasing commercial ACLs; however, landings rates for later
years are more uncertain and these effects cannot be quantified with
existing data. In general, a lower commercial trip limit may reduce
economic efficiency on trips, which may lead to a reduction in economic
profits. This alternative was not selected by the Council because a 200
lb (91 kg) trip limit would make trips to catch gag too costly and
inefficient.
The third alternative to the proposed commercial trip limit action
would set the commercial trip limit at 400 lb (181 kg). Under the
status quo commercial ACL, this would be expected to reduce commercial
gag landings by 13 percent or 30,117 lb (13,661 kg) per year. Relative
to the proposed commercial trip limit, this alternative would result in
an estimated annual reduction in ex-vessel revenue that is $105,571
(2021 dollars) less and an annual reduction in economic profits that is
$1,056 less. However, because the trip limit would be modified in
conjunction with the revised commercial ACL (Table 2) and NMFS expects
the commercial sector to fully harvest the revised ACL even with the
reduced commercial trip limit, at least in the beginning years of the
rebuilding plan, these economic effects would initially be subsumed
under those described for the proposed commercial ACLs and allocations.
In later years, a higher trip limit may lead to better utilization of
the ACL and greater economic efficiency, thereby increasing the
economic benefits associated with the increasing commercial ACLs.
However, landings rates for later years are more uncertain and these
effects cannot be quantified with existing data. This alternative was
not selected by the Council because it would not constrain harvest to
ensure the longest commercial season possible under the proposed
reduced catch levels.
The fourth alternative to the proposed commercial trip limit action
would set the commercial trip limit at 500 lb (227 kg). Under the
status quo commercial ACL, this would be expected to reduce commercial
gag landings by 8 percent or 18,533 lb (8,406 kg) per year. Relative to
the proposed commercial trip limit, this alternative would result in an
estimated annual reduction in ex-vessel revenue that is $180,978 less
and an annual reduction in economic profits that is $1,810 less.
However, because the trip limit would be modified in conjunction with
the revised commercial ACL (Table 2) and because NMFS expects the
commercial sector to fully harvest the revised ACL even with the
reduced commercial trip limit, at least in the beginning years of the
rebuilding plan, these economic effects would initially be subsumed
under those described for the proposed commercial ACLs and allocations.
In later years, the higher trip limit may lead to better utilization of
the ACL and greater economic efficiency, thereby increasing the
economic benefits associated with the increasing commercial ACLs.
However, landings rates for later years are more uncertain and these
effects cannot be quantified with existing data. This alternative was
not selected by the Council because it would not constrain harvest to
ensure the longest commercial season possible under the proposed
reduced catch levels.
The fifth and final alternative to the proposed commercial trip
limit action would reduce the gag commercial trip limit to 300 lb (136
kg) in 2023 then increase the commercial trip limit to 500 lb (227 kg)
in 2026 and to 1,000 lb (454 kg) in 2027 and subsequent years. In 2023
through 2025, the commercial trip limit under this alternative would be
the same as the proposed commercial trip limit and therefore would have
equivalent economic effects during those years. In 2026, the trip limit
would be set 200 lb (91 kg) greater than the proposed trip limit and in
2027, and subsequent years it would be 700 lb (318 kg) greater than the
proposed trip limit. These incremental increases may allow for greater
utilization of the proposed commercial ACLs and greater economic
efficiency, leading to potential increases in economic profits;
however, the economic effects cannot be quantified with available data
given uncertainty in future commercial landings rates. This alternative
was not selected by the Council because it would increase the trip
limit in the years specified, regardless of rebuilding success and
could have negative long-term effects for the fishery. The Council
decided that if it was appropriate to increase the commercial trip
limit for gag in the future, this could be done through a framework
action to the FMP after data on rebuilding are provided.
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
Accountability measures, Annual catch limits, Black grouper,
Commercial, Fisheries, Fishing, Gag, Recreational, South Atlantic.
Dated: July 6, 2023.
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 paragraph (b)(2)(i) to read as follows:
Sec. 622.187 Bag and possession limits.
* * * * *
(b) * * *
(2) * * *
(i) No more than one fish may be gag or black grouper, combined.
However, no gag or black grouper 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;
(A) In addition to the bag limits specified in paragraph (b)(2)(i)
of this section, for gag, the vessel limit for a vessel operating as a
private recreational vessel may not exceed 2 fish per vessel per day.
(B) In addition to the bag limits specified in paragraph (b)(2)(i)
of this section, for gag, the vessel limit for a vessel operating as a
charter vessel or headboat may not exceed 2 fish per vessel per trip.
(C) In addition to the bag limits specified in paragraph (b)(2)(i)
of this section, for black grouper, the vessel limit for a vessel
operating as a private recreational vessel may not exceed 2 fish per
vessel per day.
(D) In addition to the bag limits specified in paragraph (b)(2)(i)
of this section, for black grouper, the vessel limit for a vessel
operating as a charter vessel or headboat may not exceed 2 fish per
vessel per trip.
* * * * *
0
3. In Sec. 622.190, revise (a) introductory text and paragraph (a)(7)
to read as follows:
Sec. 622.190 Quotas.
* * * * *
[[Page 44774]]
(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) through (6) of this section which are in both
gutted weight and round weight.
* * * * *
(7) Gag.
(i) For the 2023 fishing year--85,326 lb (38,703 kg).
(ii) For the 2024 fishing year--128,096 lb (58,103 kg).
(iii) For the 2025 fishing year--171,687 lb (77,876 kg).
(iv) For the 2026 fishing year--215,051 lb (97,545 kg).
(v) For the 2027 fishing year--259,823 lb (117,854 kg).
(vi) For the 2028 fishing year--306,400 lb (138,981 kg).
(vii) For the 2029 fishing year--353,220 lb (160,218 kg).
(viii) For the 2030 fishing year--397,555 lb (180,328 kg).
(ix) For the 2031 fishing year--437,390 lb (198,397 kg).
(x) For the 2032 and subsequent fishing years--471,966 lb (214,080
kg).
* * * * *
0
4. In Sec. 622.191, revise paragraph (a)(7) to read as follows:
Sec. 622.191 Commercial trip limits.
* * * * *
(a) * * *
(7) Gag. Until the applicable commercial quota specified Sec.
622.190(a)(7) is reached--300 lb (136 kg), gutted weight. See Sec.
622.190(c)(1) for the limitations regarding gag after the commercial
quota is reached.
* * * * *
0
5. In Sec. 622.193, revise paragraph (c) to read as follows:
Sec. 622.193 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(c) Gag--
(1) Commercial sector.
(i) If commercial landings for gag, as estimated by the SRD, reach
or are projected to reach the commercial ACL (commercial quota)
specified in Sec. 622.190(a)(7), the AA will file a notification with
the Office of the Federal Register to close the commercial sector for
gag for the remainder of the fishing year. Applicable restrictions
after a commercial quota closure are specified in Sec. 622.190(c).
(ii) If the commercial landings for gag, as estimated by the SRD,
exceed the commercial ACL specified in Sec. 622.190(a)(7), and the
combined commercial and recreational ACL specified in paragraph (c)(3)
of this section, is exceeded during the same fishing year, and gag are
overfished based on the most recent Status of U.S. Fisheries Report to
Congress, the AA will file a notification with the Office of the
Federal Register to reduce the commercial ACL for that following
fishing year by the amount of the commercial ACL overage in the prior
fishing year.
(2) Recreational sector. (i) If recreational landings for gag, as
estimated by the SRD, reach or are projected to reach the recreational
ACL, 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 the stock 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
notification, the bag and possession limits for gag in or from the
South Atlantic EEZ are zero. The recreational ACL for gag is 90,306 lb
(40,962 kg), gutted weight, for 2023; 133,075 lb (60,362 kg), gutted
weight, for 2024; 176,665 lb (80,134 kg), gutted weight, for 2025;
220,030 lb (99,804 kg), gutted weight, for 2026; 264,802 lb (120,112
kg), gutted weight, for 2027; 311,378 lb (141,239 kg), gutted weight,
for 2028; 358,199 lb (162,476 kg), gutted weight, for 2029; 402,533 lb
(182,586 kg), gutted weight, for 2030; 442,368 lb (200,655 kg), gutted
weight, for 2031; 476,945 lb (216,339 kg), gutted weight, for 2032 and
subsequent years.
(ii) If recreational landings, as estimated by the SRD, exceed the
recreational ACL specified in paragraph (c)(2)(i) 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 prevent the
recreational ACL from being exceeded. NMFS will use the best scientific
information available to determine if reducing the length of the
recreational fishing season is necessary. When the recreational sector
is closed as a result of NMFS reducing the length of the recreational
fishing season, the bag and possession limits for gag in or from the
South Atlantic EEZ are zero.
(3) Combined commercial and recreational ACL. The combined
commercial and recreational ACL for gag is 175,632 lb (79,665 kg),
gutted weight, for 2023; 261,171 lb (118,465 kg), gutted weight, for
2024; 348,352 lb (158,010 kg), gutted weight, for 2025; 435,081 lb
(192,349 kg), gutted weight, for 2026; 524,625 lb (237,965 kg), gutted
weight, for 2027; 617,778 lb (280,219 kg), gutted weight, for 2028;
711,419 lb (322,694 kg), gutted weight, for 2029; 800,088 lb (362,914
kg), gutted weight, for 2030; 879,758 lb (399,052 kg), gutted weight,
for 2031; 948,911 lb (430,419 kg), gutted weight, for 2032 and
subsequent years.
* * * * *
[FR Doc. 2023-14620 Filed 7-12-23; 8:45 am]
BILLING CODE 3510-22-P
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