Proposed Rule2023-19507
Snapper-Grouper Fishery of the South Atlantic Region; Golden Crab Fishery of the South Atlantic Region; Dolphin and Wahoo Fishery of the Atlantic; Acceptable Biological Catch Control Rules
Primary source
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Published
September 11, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The South Atlantic Fishery Management Council has submitted amendments to three fishery management plans (FMPs) for review, approval, and implementation by NMFS. If approved by the Secretary of Commerce, the amendments would revise the FMPs for the Snapper-Grouper Fishery and the Golden Crab Fishery of the South Atlantic Region, and the Dolphin and Wahoo Fishery of the Atlantic, referenced here as the Acceptable Biological Catch (ABC) Control Rule Amendments. The ABC Control Rule Amendments would modify the ABC control rules, allow phase-in of ABC changes, allow for some carry-over of an unharvested portion of the annual catch limit (ACL) to the following fishing year, and modify the FMP framework procedures to implement carry-overs of ACLs when appropriate. The purpose of the ABC Control Rule Amendments is to ensure catch level recommendations are based on the best scientific information available, prevent overfishing while achieving optimum yield, and increase flexibility in setting catch limits.
Full Text
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<title>Federal Register, Volume 88 Issue 174 (Monday, September 11, 2023)</title>
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[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Proposed Rules]
[Pages 62309-62314]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19507]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BL98
Snapper-Grouper Fishery of the South Atlantic Region; Golden Crab
Fishery of the South Atlantic Region; Dolphin and Wahoo Fishery of the
Atlantic; Acceptable Biological Catch Control Rules
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Announcement of availability of fishery management plan
amendments; request for comments.
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SUMMARY: The South Atlantic Fishery Management Council has submitted
amendments to three fishery management plans (FMPs) for review,
approval, and implementation by NMFS. If approved by the Secretary of
Commerce, the amendments would revise the FMPs for the Snapper-Grouper
Fishery and the Golden Crab Fishery of the South Atlantic Region, and
the Dolphin and Wahoo Fishery of the Atlantic, referenced here as the
Acceptable Biological Catch (ABC) Control Rule Amendments. The ABC
Control Rule Amendments would modify the ABC control rules, allow
phase-in of ABC changes, allow for some carry-over of an unharvested
portion of the annual catch limit (ACL) to the following fishing year,
and modify the FMP framework procedures to implement carry-overs of
ACLs when appropriate. The purpose of the ABC Control Rule Amendments
is to ensure catch level recommendations are based on the best
scientific information available, prevent overfishing while achieving
optimum yield, and increase flexibility in setting catch limits.
DATES: Written comments must be received no later than November 13,
2023.
ADDRESSES: You may submit comments on the ABC Control Rule Amendments,
identified by ``NOAA-NMFS-2023-0067,'' 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-2023-0067'' in the Search
box. Click the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
<bullet> Mail: Submit written comments to Nikhil Mehta, NMFS
Southeast Regional Office, 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="https://www.regulations.gov">https://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.
An electronic copy of the ABC Control Rule Amendments, which
includes an environmental assessment, a fishery impact statement, and a
regulatory impact review, may be obtained from the NMFS Southeast
Regional Office website at https://www.fisheries.noaa.gov/action/
comprehensive-acceptable-biological-
[[Page 62310]]
catch-abc-control-rule-amendment-revisions-abc-control.
FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305,
or email: <a href="/cdn-cgi/l/email-protection#95fbfcfefdfcf9bbf8f0fde1f4d5fbfaf4f4bbf2fae3"><span class="__cf_email__" data-cfemail="620c0b090a0b0e4c0f070a1603220c0d03034c050d14">[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 an FMP or FMP amendment 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 an FMP or amendment, publish an announcement in
the Federal Register notifying the public that the FMP or amendment is
available for review and comment.
The South Atlantic snapper-grouper and golden crab fisheries are
managed under the FMP for the Snapper-Grouper Fishery of the South
Atlantic (Snapper-Grouper FMP) and the Golden Crab Fishery of the South
Atlantic (Golden Crab FMP), respectively. The dolphin and wahoo fishery
of the Atlantic is managed under the Dolphin and Wahoo FMP. These three
FMPs were prepared by the South Atlantic Fishery Management Council
(Council) and are implemented by NMFS through regulations at 50 CFR
part 622. The Council has developed, and submitted to NMFS for review
and approval, the Comprehensive Acceptable Biological Catch Control
Rule Amendment: Revisions to the Acceptable Biological Catch Control
Rules and Specifications for Carry-Overs and Phase-Ins. The Council
document is composed of Amendment 45 to the Snapper-Grouper FMP,
Amendment 11 to the Golden Crab FMP, and Amendment 11 to the Dolphin
and Wahoo FMP. If approved, the ABC Control Rule Amendments would be
implemented by NMFS through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Act.
Background
The Council and NMFS manage the snapper-grouper and golden crab
fisheries in Federal waters from North Carolina south to the Florida
Keys in the South Atlantic. The dolphin and wahoo fishery is managed in
Federal waters from Maine south to the Florida Keys.
The Council's Scientific and Statistical Committee (SSC) developed
an ABC control rule in 2008, using uncertainty and risk traits to
determine the acceptable risk of overfishing. The ABC control rule is
the method by which the ABC for a stock is set, ideally based on an
overfishing limit (OFL) from a stock assessment but sometimes using
more data-limited methodology. The acceptable risk of overfishing is
denoted as P-Star (P*) and is applied through assessment projections to
develop the SSC's ABC recommendation. During development of the
Comprehensive ACL Amendment by the Council, the SSC recommended adding
additional levels of specificity to the ABC control rules to better
address unassessed and data-limited stocks. The Comprehensive ACL
Amendment included the ABC control rules for the Snapper-Grouper,
Golden Crab, and Dolphin and Wahoo FMPs in 2012 (77 FR 15916, March 16,
2012). In 2015, the ABC control rule for the Snapper-Grouper FMP was
revised by adding the Only Reliable Catch Stocks (ORCS) approach for
applicable snapper-grouper stocks in Amendment 29 to the Snapper-
Grouper FMP (80 FR 30947, June 1, 2015). The ORCS approach was
recommended by the Council's SSC for calculating ABC values for
unassessed stocks when only reliable catch information is available,
and was determined to be based on the best scientific information
available.
In October 2016, NMFS published a final rule to revise the
guidelines for National Standard 1 (NS1) of the Magnuson-Stevens Act
(81 FR 71858, October 18, 2016). NS1 states that fishery conservation
and management measures shall prevent overfishing while achieving, on a
continuing basis, the optimum yield from each fishery for the United
States fishing industry. One of the objectives of the 2016 NS1
revisions was to provide additional flexibility within current
statutory limits to address fishery management issues. For example, the
revised NS1 guidelines allow for changes in catch limits to be phased
in over time and is also described as ``phase-in'' in the ABC Control
Rule Amendments. The revised guidelines also allow for some of the
unused portion of an ACL to be carried over from 1 fishing year to the
next, which is also described as ``carry-over'' in this notice. Fishery
management councils, NMFS regions, and stakeholders have expressed
considerable interest in using the phase-in and carry-over provisions
in ABC control rules. In 2020, recommendations and best practices for
how to develop and apply these provisions were provided in a NOAA
Technical Memorandum (NMFS-F/SPO-203, July 2020). The goals of the
technical memo were to: (1) provide examples of how carry-over and
phase-in provisions have been implemented in fisheries so that we can
learn from past experiences; (2) describe some possible approaches to
design and implement carry-over and phase-in provisions; and (3)
identify characteristics of fish stocks, fisheries, and management
approaches that may impact the benefits and risks of applying carry-
over and phase-in provisions. If approved, the ABC Control Rule
Amendments would incorporate carry-over and phase-in provisions by
modifying the existing ABC control rules for the Snapper-Grouper,
Golden Crab, and Dolphin and Wahoo FMPs by clarifying the incorporation
of scientific uncertainty and management risk, modifying the approach
used to determine the acceptable risk of overfishing, and prioritizing
the use of stock rebuilding plans for overfished stocks.
Actions Contained in the ABC Control Rule Amendments
The ABC Control Rule Amendments would modify the ABC control rules,
allow phase-in of ABC changes, allow carry-over of unharvested portion
of the ACL, and modify framework procedures to implement carry-overs of
ACLs when allowed, for Snapper-Grouper, Dolphin and Wahoo, and Golden
Crab FMPs.
Modify the ABC Control Rules
As discussed above, the current ABC control rule for the Snapper-
Grouper FMP was revised by Amendment 29, and the Comprehensive ACL
Amendment implemented the ABC control rules for the Golden Crab, and
Dolphin and Wahoo FMPs in 2012. For assessed species, the current ABC
control rules classify assessments according to level 1. Level 1 has
tier classifications that determine the P* by reducing from an initial
value of 50 percent according to uncertainty of assessment results and
stock vulnerability (risk tolerance). ABC is determined through
projections of assessment information using the accepted probability of
overfishing. For unassessed species, ABC is determined by levels 2
through 5, applying one of the following data-limited methods, as data
allow (listed from highest to lowest priority): Depletion-Based Stock
Reduction Analysis, Depletion-Corrected Average Catch, Only Reliable
Catch Stocks (only included in the Snapper-Grouper FMP as level 5), and
a decision tree based on species catch history. Determination of ABC
for overfished stocks undergoing rebuilding is not specified. Details
on the control rule levels, tiers, and classifications are described in
Table 2.1.1.1 of the ABC Control Rule Amendments. In summary, level 1
is assigned to assessed stocks and levels 1 through 4 are assigned to
[[Page 62311]]
unassessed stocks for the Golden Crab, and Dolphin and Wahoo FMPs.
Level 5 is assigned to the applicable unassessed stocks in the Snapper-
Grouper FMP. Level 1 has tiers that further quantitative classification
and methodology to calculate the ABC based on life-history, catch
history, scientific uncertainty, stock status, and productivity and
susceptibility analysis (PSA).
The ABC Control Rule Amendments would modify the ABC control rules
for the Snapper-Grouper, Golden Crab, and Dolphin and Wahoo FMPs by
categorizing stocks based on the available information, scientific
uncertainty evaluation, and incorporation of the Council's risk
tolerance policy through an accepted P*. The P* would be specified
based on relative stock biomass and a stock risk rating. When possible,
the SSC would determine the OFL recommendation and characterize its
uncertainty based on, primarily, the stock assessment or, secondarily,
the SSC's expert opinion. The OFL and its uncertainty would then be
used to derive and recommend the ABC, based on the risk tolerance
selected by the Council. The step by step procedure detailing how the
ABC is derived for assessed stocks can be found in section 2.1.1 of the
ABC Control Rule Amendments. ABC for unassessed stocks would be
recommended by the SSC based on applicable data-limited methods.
Unassessed stocks would be assigned the moderate biomass level unless
there is a recommendation from the SSC that justifies a different
level. For overfished stocks, the Council would specify a stock
rebuilding plan, considering recommendations from the SSC and the
advisory panel (AP) of the respective FMP. The ABC while the rebuilding
plan is in effect would be based on recommendations from the Council's
SSC. The probability of success for rebuilding plans (1 minus P*) would
be at least 50 percent. Control rule categories for assessments are
described in detail in Table 2.1.1.2 of the ABC Control Rule
Amendments.
In summary, four categories would facilitate an ABC determination
based on scientific uncertainty and SSC guidance. The Council, with
advice from the SSC and AP, would evaluate management risk for each
stock through a stock risk rating. Stock risk ratings include
information currently used in the PSA, but also incorporate socio-
economic (for example, potential for discard losses, annual commercial
value, recreational desirability, etc.) and environmental attributes
(for example, climate change) (see Appendix E of the ABC Control Rule
Amendments for more details). These recommendations would be revisited
when new information becomes available (for example, in a new stock
assessment). The Council would then specify the risk rating as low,
medium, or high risk of overfishing. A higher risk of overfishing would
indicate that risk tolerance (the accepted probability of overfishing)
should be lower. These stock risk ratings, along with relative biomass
levels, would be used to determine the Council's default risk tolerance
for each stock. Default P* values based on relative biomass and stock
risk rating are shown in Table 2.1.1.3 of the ABC Control Rule
Amendments. As an example, a stock with high biomass and medium stock
risk rating would have a P* of 45 percent. This would be lower than the
OFL, in accordance with Magnuson-Stevens Act. The SSC can recommend the
Council reconsider the stock risk rating. This could happen, for
example, with the emergence of new scientific studies or new
information discovered through a stock assessment.
The modified ABC control rules would also allow the Council to
deviate, to a greater or lesser amount, from the default accepted
probability of overfishing by up to 10 percent for an individual stock,
based on its expert judgment, new information, or recommendations by
the SSC or other expert advisors. Accepted probability of overfishing
may not exceed 50 percent. Using a 50 percent probability of
overfishing implies negligible scientific uncertainty and sets OFL
equal to ABC. At P* equals 0.50, removals above ABC caused by
deviations in biological parameters (e.g., natural mortality (M),
recruitment) could cause an overfishing determination and delay
rebuilding plans. Therefore, adjusting P* above the value recommended
by the SSC would be infrequent and would need to be well justified
based on new scientific understanding and the Council's risk tolerance.
Additionally, when requested by the Council, the SSC would recommend
the ABC for up to 5 years as both a constant value across years and as
individual annual values for the same period of years. These options
provide more flexibility to both the Council and SSC in the ABC
determination.
The ABC Control Rule Amendments would not change the current ABC
levels for any species managed under the Snapper-Grouper, Golden Crab,
and Dolphin and Wahoo FMPs. Modifying the ABC control rules as proposed
would give the SSC the ability to recommend adjusting or deriving
uncertainty of future assessment results (ultimately impacting
projections of future catch) if they determine uncertainty is not
adequately estimated through information used in the assessment.
Evaluation of risk tolerance would also be improved by considering
factors beyond the current PSA and expanding the range of reference
points used to describe and incorporate relative biomass. For
unassessed stocks, the proposed modifications would expand the number
of methods that could be considered for estimating OFL and ABC. The
addition of economic factors in the ABC control rules would allow the
Council to better consider the long-term economic implications when
examining management risk, which could lead to better economic outcomes
and increase net economic benefits in a fishery for a given species.
The inclusion of social factors in the ABC control rules would allow
the Council to directly consider the importance of a given species to
fishing communities and businesses when determining risk tolerance and
would have long-term social benefits in the form of a more appropriate
ABC.
Allow Phase-In of ABC Changes
Currently, phase-in of ABC changes is not allowed in the Snapper-
Grouper, Dolphin and Wahoo, and Golden Crab FMPs. Comprehensive ABC
Control Rule Amendment would establish criteria specifying when phase-
in of ABC changes would be allowed and specify the approach for phase-
in of ABC changes.
The ABC Control Rule Amendments would allow phase-in of increases
to ABC as specified by the Council, with advice from the SSC and AP.
Increases to ABC (assuming comparable data between assessments) are
generally indicative of an increase in relative biomass and improving
stock condition. This allows greater consideration of ecological,
social, and economic effects of an increased ABC and flexibility in how
that change can be implemented. Because ABCs during an increasing
phase-in would be less than those initially recommended by the SSC, the
phase-in time period is not limited (it can exceed the maximum
timeframe specified for phase-in decreases). The Council may specify
ABC to be less than the SSC's recommended ABC, but may not exceed the
SSC's recommendation. Phasing in an ABC increase would set ABC below
the SSC's recommendation. If the phase-in is included in projections
used to develop the SSC's ABC recommendation, there also may be an
increase to the recommended long-term ABC (the ABC that persists after
the phase-in is complete). Thus, phasing in increases to ABC over a
longer time
[[Page 62312]]
period could result in a greater increase to long-term ABC, and phasing
in increases over a shorter period could result in a smaller increase
to long-term ABC.
Phase-in of ABC decreases are allowed, when a new ABC is less than
80 percent of the existing ABC, and over no more than 3 years, which is
the maximum phase in period allowed by the NS1 guidelines. The
criterion requiring a minimum threshold of difference between the
current and new ABCs to be 20 percent defines a significant enough
change to merit phasing in the change, and is more flexible than other
minimum threshold levels considered in the ABC Control Rule Amendments.
Phase-ins may be used regardless of the stock relative biomass. The
Council would consider whether to apply a phase-in on a case-by-case
basis when specifying a stock ABC through an amendment after a new ABC
has been recommended by the SSC. A longer phase-in period provides more
flexibility and allows a more gradual change from the existing ABC to
the new ABC.
Phase-in of the ABC is an option the Council can consider to
address the social and economic effects from management changes.
Adopting this flexibility does not require the Council to phase-in all
ABC changes, nor does adopting one approach prevent the Council from
choosing a more restrictive schedule of ABC phase-in (less than 3
years). When considering whether to phase-in an ABC change, the Council
would compare and contrast the risk to the stock against the expected
social and economic benefits of the alternative ABC. Management
strategy evaluations may be used to quantify such trade-offs. The
Council would be able to consult with its scientific and fishery
advisors to help develop a rationale and implementation plan for phase-
in. The proposed phase-in of ABC changes are consistent with the NMFS
2020 guidance and incorporates flexibility as per the revised NS1
guidelines into the FMPs for Snapper-Grouper, Golden Crab, and Dolphin
and Wahoo.
Allow Carry-Over of Unharvested Portion of ACLs
Currently, carry-over of unharvested portion of ACLs is not allowed
in the Snapper-Grouper, Golden Crab, and Dolphin and Wahoo FMPs. The
ABC Control Rule Amendments would establish criteria specifying
circumstances when an unharvested portion of the originally specified
sector ACL can be carried over from 1 year to increase the available
harvest in the immediate next year. Carry-overs may not be delayed, and
only amounts from the originally specified sector ACL may be carried
over. Carry-over of the unharvested portion of a sector ACL would be
allowed if the stock status is known, the stock is neither overfished
nor experiencing overfishing, an overfishing limit for the stock is
defined, and: ABC decreases are not being phased-in; and there are
measures that restrict annual landings to the ACL; and post-season
accountability measures (AM) that reduce the ACL in the following year
according to any landings overages in place for that stock and sector.
The ABC Control Rule Amendments would also specify limits on how
much of the unharvested portion of a sector ACL may be carried over
from 1 year to increase the sector ACL in the next year. The ABC and
the total ACL may be temporarily increased to allow this carry-over.
The temporary ABC may not exceed the OFL. The revised total ACL may not
exceed the temporary ABC or the total ACL plus the carried over amount,
whichever is less. If a stock experiences overfishing, either as the
result of a stock assessment or as determined by NMFS' annual
evaluation of landings, that stock would no longer qualify for carry-
over. Additional conditions to annually qualify for carry-over can be
added on a stock-by-stock basis. For example, to prevent overharvest of
other species commonly caught with the target species (referred to as
co-caught species) during years with a carried-over ACL, a future FMP
amendment specifying an ABC and ACL with carry-over could additionally
require that the previous year's harvest for co-caught species also be
less than or equal to the ACL for carry-over to occur. When applicable,
the Council would specify whether fisheries that have split seasons or
sub-sector allocations (such as gear allocations) should be eligible
for inter-annual carry-over on a case-by-case basis.
Carry-overs would also be sector-specific. The Snapper-Grouper and
Dolphin and Wahoo FMPs have commercial and recreational sectors, and
the Golden Crab FMP includes only a commercial sector. Thus if only one
sector is carrying over unused ACL, the carried-over amount would be
allocated completely to that sector, subject to limitations defined
above. If more than one sector is carrying over unused ACL in the same
year, each sector carry-over amount would be completely allocated to
the sector from which it was derived, unless the sum of all carry-over
amounts plus the specified total ACL is greater than the OFL. In this
case, the difference between the temporary revised ABC and the
specified total ACL would be allocated using sector allocation
percentages specified by the FMP. A revised sector ACL and revised ABC
would remain in place for a single fishing year. Following a year that
included carry-over, evaluations of carry-over amounts for future years
would be based on the ABC and sector ACLs specified by the FMP, not the
temporarily revised values.
The proposed carry-over criteria and conditions are consistent with
the NMFS 2020 guidance. The proposed carry-over criteria and conditions
would also make carry-over applicable to only a few stocks managed by
the Council under the Snapper-Grouper FMP at the time this action was
developed. However, allowing carry-over does fulfill Federal guidance
on carry-overs that requires allowance of this management tool to be
included in an FMP, and provide additional management flexibility to
better enable harvest of optimum yield of a healthy stock.
Modify Framework Procedures
The current framework procedure for the Snapper-Grouper FMP in the
regulations at 50 CFR 622.194 was implemented by Amendment 29 in 2015.
The current framework procedure allows for changes via rulemaking to:
biomass levels, age-structured analyses, target dates for rebuilding
overfished species, maximum sustainable yield (MSY) (or proxy), optimum
yield (OY), ABC, total allowable catch (TAC), quotas (including a quota
of zero), ACLs, annual catch targets (ACTs), AMs, maximum fishing
mortality threshold (MFMT), minimum stock size threshold (MSST), trip
limits, bag limits, size limits, gear restrictions (ranging from
regulation to complete prohibition), seasonal or area closures, fishing
year, rebuilding plans, definitions of essential fish habitat (EFH),
EFH, EFH habitat areas of particular concern (HAPCs), or coral HAPCs,
restrictions on gear and fishing activities applicable in EFH and EFH
HAPCs, and establish or modify spawning special management zones
(SMZs).
The current framework procedure for the Golden Crab FMP in the
regulations at 50 CFR 622.252 was implemented by the final rule for the
original Golden Crab FMP in 1996 (61 FR 43952, August 27, 1996). The
current framework procedure allows for changes via rulemaking to:
biomass levels, age-structured analyses, MSY, ABC, TAC, quotas
(including quotas equal to zero),
[[Page 62313]]
trip limits, minimum sizes, gear regulations and restrictions, permit
requirements, seasonal or area closures, sub-zones and their management
measures, time frame for recovery of golden crab if overfished, fishing
year (adjustment not to exceed 2 months), observer requirements,
authority for the NMFS Regional Administrator (RA) to close the fishery
when a quota is reached or is projected to be reached, definitions of
EFH, EFH HAPCs, or Coral HAPCs.
The current framework procedure for the Dolphin and Wahoo FMP in
the regulations at 50 CFR 622.194 was implemented by Amendment 5 to the
Dolphin and Wahoo FMP in 2014 (79 FR 32878, June 9, 2014). The current
framework procedure allows for changes via rulemaking to: biomass
levels, age-structured analyses, target dates for rebuilding overfished
species, MSY (or proxy), OY, ABC, TAC, quotas (including a quota of
zero), ACLs, ACTs, AMs, MFMT, MSST, trip limits, bag limits, size
limits, gear restrictions (ranging from regulation to complete
prohibition), seasonal or area closures, fishing year, rebuilding
plans, definitions of EFH, EFH HAPCs, or Coral HAPCs, restrictions on
gear and fishing activities applicable in EFH and EFH HAPCs, and
establish or modify spawning SMZs.
The existing framework procedures for the three FMPs affected by
the ABC Control Rule Amendments already enable the Council to ask the
SSC to consider recommending a temporary, higher ABC. However, the
existing approach is not efficient for changes to catch levels and
would likely not allow the Council and NMFS to develop and implement
changes to catch levels, given the timing of Council and SSC meetings,
the time required to develop a framework action, and the time needed
for NMFS to implement changes to catch levels within a fishing year
based on landings from the previous year.
The ABC Control Rule Amendments would modify the framework
procedures in the Snapper-Grouper, Golden Crab, and Dolphin and Wahoo
FMPs to allow for the future transfer, if pre-qualifying criteria are
met, of an unharvested portion of a stock, total, or sector-specific
ACL to the following fishing year (details are described in the Allow
Carry-Over of Unharvested Portion of ACLs section of this notice).
A future stock assessment must determine if carry-over is possible
for that species and specify the appropriate catch level. Then, the SSC
would determine and recommend an ABC to the Council, and the Council
would develop an FMP amendment or framework action for the species with
the option of ACL carry-over. If the required rulemaking for a catch
level change that would follow was implemented by NMFS, then that
species would be eligible for future carry-over through a subsequent
abbreviated framework action under the abbreviated framework procedures
described in the ABC Control Rule Amendments. To support potential
carry-over justification, a Term of Reference would be added to each
future stock assessment to project the maximum amount of landings
beyond the ABC that could be carried over in 1 year while not resulting
in overfishing or the stock becoming overfished within the projection
period.
When the Council develops a subsequent fishery management action in
response to a stock assessment to specify or revise an ABC and ACL for
a stock or sector, the Council would determine whether carry-over would
be authorized, if annual conditions justify a stock or sector ACL
carry-over. In doing so, the Council would consider the potential need
for, and benefits of, carry-over for a stock according to criteria
specified in the ABC control rule. The Council would also consider the
duration of time when the specified ABC and ACL are effective. An FMP
amendment or framework action that specifies carry-over for a stock or
sector would include analysis of the relevant biological, economic, and
social information necessary to meet the criteria and guidance of the
ABC control rule.
Following the conclusion of each fishing year, Council staff would
notify the Council if any stocks and sectors for which carry-over is
approved qualify based on the previous year's landings, and may
necessitate using preliminary landings estimates from the previous year
if those landings data are not yet finalized. If a stock or sector
qualifies for carry-over according to specifications of the ABC and
annual landings meet criteria specified in the ABC control rule, NMFS
would implement carry-over of eligible landings from the previous year
via a temporary rule published in the Federal Register through the
existing FMP framework procedure and rulemaking process.
The proposed carry-over procedure for eligible fish stocks or
fishery sectors generally would not require additional AP input or SSC
recommendation, because input relevant to an ABC being approved with
potential for carry-over would be part of the prior development process
for the FMP amendment or framework in which the ABC and ACL for a stock
or sector are already specified. Application of the carry-over
procedure is expected to be routine and formulaic.
The NMFS RA would review the Council's recommendations and
supporting information. If the RA concurs that the Council's
recommendations are consistent with the objectives of the applicable
FMP, the Magnuson-Stevens Act, and all other applicable law, the RA
would be authorized to implement the Council's proposed action through
publication of appropriate notification in the Federal Register.
If the Council chooses to deviate from the criteria and guidance of
the proposed ABC control rules, this abbreviated process would not
apply.
Further details of the proposed process can be found in section
2.4.1 and Appendix J of the ABC Control Rule Amendments. An example of
the carry-over can be found in Appendix H of the ABC Control Rule
Amendments.
The proposed process would allow carry-overs to occur in a more
timely manner than that of an FMP amendment or framework action. A
faster process is necessary due to the year-to-year nature of carry-
overs. Under-harvest of an ACL may only be carried over in the
immediate next year. Therefore, defining a stock's eligibility and the
amount of ACL being carried over must occur fast enough that the
fishery has time to harvest the carried over amount within the fishing
year following a year of under-harvest. The proposed process also
provides the Council discretion in determining whether carry-over
should be applied to a potentially eligible stock when setting the ABC
and ACL.
As stated earlier, the ABC Control Rule Amendments would not change
current ABCs or ACLs for any species managed under the FMPs affected by
the ABC Control Rule Amendments.
Proposed Rule for Comprehensive ABC Control Rule Amendment
NMFS has drafted a proposed rule to implement the ABC Control Rule
Amendments. In accordance with the Magnuson-Stevens Act, NMFS is
evaluating the proposed rule for the ABC Control Rule Amendments to
determine whether it is consistent with the FMPs, 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.
[[Page 62314]]
Consideration of Public Comments
The Council has submitted ABC Control Rule Amendments for the
Secretary to review. If approved, the ABC Control Rule Amendments would
be implemented by NMFS. Comments on the ABC Control Rule Amendments
must be received no later than November 13, 2023. Comments received
during the respective comment periods, whether specifically directed to
the ABC Control Rule Amendments or the proposed rule, will be
considered by NMFS in the decision to approve, partially approve, or
disapprove the ABC Control Rule Amendments. All comments received by
NMFS on the FMP amendments or the proposed rule during their respective
comment periods will be addressed in a final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 6, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-19507 Filed 9-8-23; 8:45 am]
BILLING CODE 3510-22-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.