Rule2023-20324
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
September 21, 2023
Effective
October 23, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues 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 final rule revises the sector annual catch limits (ACLs), commercial trip limits, recreational bag, vessel, and possession limits, and recreational accountability measures (AMs). For black grouper, this final rule revises the recreational bag, vessel, and possession limits. In addition, Amendment 53 establishes a rebuilding plan, and revises the overfishing levels, acceptable biological catch (ABC), annual optimum yield (OY), and sector allocations for gag. The purpose of this final 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 182 (Thursday, September 21, 2023)</title>
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[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Rules and Regulations]
[Pages 65135-65147]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20324]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230914-0219]
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: Final rule.
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SUMMARY: NMFS issues 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 final rule revises the
sector annual catch limits (ACLs), commercial trip limits, recreational
bag, vessel, and possession limits, and recreational accountability
measures (AMs). For black grouper, this final rule revises the
recreational bag, vessel, and possession limits. In addition, Amendment
53 establishes a rebuilding plan, and revises the overfishing levels,
acceptable biological catch (ABC), annual optimum yield (OY), and
sector allocations for gag. The purpose of this final 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: This final rule is effective October 23, 2023.
ADDRESSES: 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#7d1b0f1c13165315181114180e3d13121c1c531a120b"><span class="__cf_email__" data-cfemail="c1a7b3a0afaaefa9a4ada8a4b281afaea0a0efa6aeb7">[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.
On June 12, 2023, NMFS published a notice of availability for
Amendment 53 and requested public comment (88 FR 38011). On July 13,
2023, NMFS published a proposed rule for Amendment 53 and requested
public
[[Page 65136]]
comment (88 FR 44764). NMFS approved Amendment 53 on September 7, 2023,
pursuant to section 304(a)(3) of the Magnuson-Stevens Act. The proposed
rule and Amendment 53 outline the rationale for the actions contained
in this final rule. A summary of the management measures described in
Amendment 53 and implemented by this final rule is described below.
All weights described in this final 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. In response to SEDAR 10, management
measures were modified in Amendment 16 to the FMP and its final rule,
including a spawning season closure to end overfishing (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 ACLs and management measures were
modified through Regulatory Amendment 22 to the FMP and its final rule
(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 SEDAR 71 at
their June 2021 meeting. The assessment used 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.
For the gag stock, the Council's 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 expected
to be above 50 percent, as set forth in the Magnuson-Stevens Act
National Standard 1 Guidelines (50 CFR 600.310(j)(3)(i)(A)). The
Council accepted the SSC's recommended ABC values, as discussed below.
In Amendment 53, the Council is also revising the overfishing limit
(OFL) for gag, and updating other biological reference points.
Amendment 53 sets 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 will 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 Final Rule
This final rule revises the sector ACLs, commercial trip limits,
recreational bag, vessel, and possession limits, and recreational AMs
for gag. For black grouper, this final rule implements 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 revises the ABC based on SEDAR 71 and the
recommendation of the SSC, and sets the ABC, ACL, and annual OY equal
to each other.
This final rule revises 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 revises 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 is adjusting 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
allocation method allows for the reductions in 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 for gag is
currently operating. The Council chose the 5-year average of commercial
and recreational MRIP FES landings from 2015 through 2019, and divided
the reduction needed to achieve the new ACL in 2023 proportionally
among the sectors. Then in each subsequent year throughout the
rebuilding plan, the ACL poundage increase is allocated equally between
both sectors and added to each sector's respective ACL from the
previous year. These adjustments will 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 preferred sector allocation method chosen by the Council 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
[[Page 65137]]
sector's allowable catch based on recent landings so that the impact on
each sector is more equitable. Similarly, the Council noted that the
new allocations will 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 and NMFS consider 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 the SSC's 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 revised commercial ACLs in this final rule are 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.
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 revised recreational ACLs in this final rule are 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 final rule modifies the commercial trip limit
for gag to 300 lb (136 kg), without a trip limit reduction.
The revised commercial trip limit will increase the likelihood of
gag remaining open to commercial harvest and available to consumers for
as long as possible during the year while reducing harvest to end
overfishing and ensuring rebuilding is achieved.
Recreational Vessel Limits for Gag and Black Grouper
This final rule establishes a private recreational vessel limit for
gag and also a separate private recreational vessel limit for black
grouper of two fish per vessel per day for each species, not to exceed
the daily bag limit of one fish per person per day (no more than one of
those fish may be a gag or a black grouper), whichever is more
restrictive. For charter vessel and headboat (for-hire) recreational
vessels, this final rule establishes a vessel limit for gag and also a
separate 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
(no more than one of those fish may be a gag or a black grouper),
whichever is more restrictive.
There is currently no recreational vessel limit for gag or black
grouper. 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 final rule also implements
recreational vessel limits for both gag and black grouper to help with
harvest constraints for black grouper to indirectly benefit the gag
portion of the snapper-grouper fishery. 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 will continue to allow recreational retention and
help constrain harvest to the reduced recreational ACL.
This final rule does not alter the gag or black grouper
recreational bag limits, which will remain one gag or one black grouper
per person per day within the three fish aggregate for grouper and
tilefish. This final rule establishes per day gag and black grouper
recreational vessel limits for the private angling component and per
trip gag and black grouper vessel limits for the for-hire component.
These separate vessel limits are 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 will 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 final
rule sets 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 recreational ACL and total ACL are 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 final rule revises the recreational AMs for gag. The current
in-season closure AM will be retained and the post-season recreational
AM is revised. If recreational landings for gag exceed the recreational
ACL, the length of the
[[Page 65138]]
following year's recreational fishing season would be reduced by the
amount necessary to prevent the recreational ACL from being exceeded.
The revised AM removes 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 revised measure, the AM trigger will not be
tied to the total ACL, but only to the recreational ACL. The revised AM
modification will 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 will apply to the recreational fishing season
following the year of a recreational ACL overage. Additionally, under
the revised recreational AM, the length of the recreational season will
not be reduced if the Regional Administrator determines, using the best
scientific information available, that such reduction is unnecessary.
This final rule will not revise the commercial AMs because the Council
determined that the current commercial AM remains sufficient to prevent
commercial landings from exceeding either the current or revised
commercial ACL.
Management Measures in Amendment 53 Not Codified by This Final Rule
In addition to the measures within this final rule, Amendment 53
revises the OFL for gag and updates other biological reference points.
Amendment 53 also establishes a rebuilding plan, and revises the ABC,
the annual OY, and the sector allocations for gag.
Rebuilding Plan for the South Atlantic Gag Stock
Amendment 53 establishes 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 will 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). SEDAR 71 used data from the MRIP FES, which 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).
Comments and Reponses
NMFS received 10 comment submissions from individuals, commercial
and recreational fishermen, and a state agency during the public
comment period on the notice of availability and proposed rule for
Amendment 53. NMFS acknowledges the comments in favor of the actions in
the Amendment 53 and proposed rule and agrees with them. Six comment
letters were in opposition to one or more actions within Amendment 53
or the proposed rule. Some comments were outside the scope of Amendment
53 and the proposed rule and are not responded to in this final rule,
including one suggestion to transfer management of gag to the South
Atlantic states. Comments that opposed the actions contained in
Amendment 53 and the proposed rule are summarized below, along with
NMFS' responses. No changes were made to this final rule as a result of
public comment.
Comment 1: The commercial trip limit for gag should be reduced to
100 or 150 lb (45 or 68 kg) instead of 300 lb (136 kg), which would
allow the commercial fishing season to stay open longer. This would
reduce regulatory discards of gag when other snapper-grouper species
such as greater amberjack are targeted.
Response: NMFS acknowledges the importance of gag to the seafood
market and commercial fishermen's preference to maintain access to as
many species as possible throughout the year. The majority of
commercial trips from 2017 through 2019 that landed gag with at least 1
lb (0.5 kg) of gag landed less than the 300 lb (136 kg) trip limit
being implemented through this final rule. As described in Amendment
53, 83 percent of commercial trips harvested from 1 to 250 lb (0.5 to
113 kg) of gag. Limiting the commercial harvest from the current limit
of 1,000 lb (454 kg) to 300 lb (136 kg) per trip increases the
likelihood of the gag portion of the fishery remaining open and
available to consumers for a longer time period while reducing harvest
to end overfishing and ensuring rebuilding is achieved. The Council
considered a trip limit of 200 lb (91 kg), but did not select it
because they determined it would make trips that target gag too costly
and inefficient for commercial harvesters, and a trip limit lower than
300 lb (136 kg) would be expected to increase the potential for
regulatory discards. NMFS expects the 300 lb (136 kg) trip limit to
provide a better balance between season length and profitability than
lower trip limits, while helping to end overfishing and rebuild the
stock.
Comment 2: Recreational vessel limits should not be implemented for
gag and black grouper. Private recreational fishing with two or fewer
people is unaffordable due to the cost of fuel, bait, and ice. Each
recreational angler should be able to keep their own bag limit. Also,
it is not fair to implement a two fish per vessel limit for gag and
black grouper on headboats that are capable of carrying up to 80
individuals.
Response: Approximately 75 percent of all recreational vessels that
harvested gag harvested one gag or less per vessel trip from 2017
through 2019. 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 a vessel limit that
would continue to allow recreational retention while helping constrain
harvest to the reduced recreational ACL. In an effort to reduce the
negative economic impact on the for-hire component of the recreational
sector which may take multiple for-hire trips in a day, there is a
separate per-trip vessel limit for the
[[Page 65139]]
for-hire component and a per-day vessel limit for private recreational
vessels, to acknowledge that most private recreational vessels take a
single trip in a day.
NMFS acknowledges the potential issues with implementing vessel
limits on headboats. However, approximately 80 percent of headboats
harvested two gag per vessel trip or less from 2017 through 2019. These
data suggest a vessel limit would not have a large impact on reducing
recreational harvest of gag, but would help, in combination with other
measures, to constrain recreational harvest to the reduced catch
levels.
Due to concerns over the misidentification of gag and black grouper
among recreational anglers, the final rule will also modify black
grouper management to maintain consistency in the recreational
management measures between the two species in order to end overfishing
of gag and rebuild the stock. As described in Amendment 53, gag and
black grouper are similar in appearance, have a similar life history
and may co-occur with each other, which can create confusion when
trying to identify whether a fish is either a gag or black grouper.
Misidentified gag and black grouper by recreational fishermen is
prevalent in some areas of the South Atlantic. Currently, the
recreational management measures (size and bag limits) for gag and
black grouper are the same. Altering recreational management measures
for gag and not for black grouper creates more opportunity for
additional gag to be harvested through misidentification and confusion
among the public. NMFS determined that these recreational harvest
restrictions on black grouper are necessary to ensure the rebuilding of
gag is successful.
Comment 3: A more restrictive closed season or slot size limits for
gag and black grouper should be utilized for the recreational sector
instead of vessel limits.
Response: In developing Amendment 53, the Council considered
changes to the gag and black grouper spawning season closure for both
sectors. Both gag and black grouper are currently included as part of a
seasonal closure for both sectors for South Atlantic shallow-water
grouper during January through April each year. However, input received
from the public during scoping and from the Council's Snapper-Grouper
Advisory Panel noted that the month of May was a very important month
to keep open for both the commercial and recreational sectors. The
Council determined that the current spawning season closure of January
through April for gag and black grouper encompasses peak spawning and
that additional closed months in May or December would not provide
enough biological benefit to outweigh the loss of access to the fishery
for both sectors, and NMFS agrees.
Changes to the minimum size limit and the potential for
establishing a slot limit for gag were also considered. The current
size limit for gag is 24 inches (61.0 cm), total length, for both
sectors. Size limit management changes were discussed by the Council in
development of Amendment 53 because of concerns of a scarcity of large,
mature, male gag being available for harvest. Gag are long-lived
species that change sex from female to male over their lifetime. The
Council discussed the possible benefits of increasing the minimum size
limit or creating a slot limit but there were other concerns about
increased discards with both size limit options. Further, larger gag
are caught in deep water and experience high release mortality.
Ultimately, the Council decided that increased recreational discards
would be detrimental to the stock and that the current minimum size
limit is sufficient to allow gag a chance to spawn before being
prosecuted by the fishery.
Additional management measures for black grouper, other than vessel
limits, are not necessary in Amendment 53 as a result of the latest
stock assessment for gag.
Comment 4: The recreational sector generates more revenue, economic
activity, and net economic benefits than the commercial sector.
Allocations for gag should not result in a 50/50 split among the
sectors.
Response: NMFS disagrees. As stated in Amendment 53, there are a
minimal number of charter trips taken in the South Atlantic that target
gag, and the revenue from those trips cannot be solely attributed to a
single species. In terms of economic activity, even when accounting for
all recreational modes (excluding headboats that participate in the
Southeast Region Headboat Survey for which angler-level data are not
collected) and attributing the entirety of expenditures on trips that
target gag specifically to gag, the total sales impacts are
historically far less than those estimated for the commercial sector.
NMFS acknowledges that when compared to the status quo, the selected
allocation percentages in Amendment 53 result in the lowest total
estimated net economic benefits of the allocation alternatives
considered. 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. Amendment 53 adjusts the allocation percentages
to result in 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. However, while acknowledging the
importance of economic benefits in the utilization of the gag resource,
the Council determined that economic efficiency was not the sole
objective in determining an allocation. In reviewing the allocation
options, the Council evaluated the need to reduce the overall gag
harvest by approximately 70 percent, when compared to the total average
landings from 2015 through 2019, while equitably balancing the initial
harvest reductions and the later harvest increases between the
commercial and recreational sectors. The Council determined, and NMFS
agrees, that the preferred allocation method 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 the effect on each sector is more
equitable. Similarly, the Council noted that the preferred allocations
would strike a balance between the needs of both sectors and would
increase each sector's allowable catch proportionately on a poundage
basis throughout the rebuilding plan. The Council determined that this
alternative allocates both overfishing restrictions and recovery
benefits fairly and equitably among all sectors that target gag. Thus,
NMFS agrees that this allocation method is fair and equitable to
fishery participants in both the commercial and recreational sectors
and would be carried out in such a manner that no particular
individual, corporation, or other entity would acquire excessive
shares. 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.
Comment 5: The proposed vessel limit language for gag and black
grouper in the codified text is confusing and should be clarified. The
recreational vessel limits for gag and black grouper should be linked
to allow only two of either gag or black grouper per trip.
Response: NMFS disagrees with the comment. The vessel limits for
gag and black grouper in Amendment 53, and in the draft proposed
regulations that the Council reviewed and deemed to be
[[Page 65140]]
necessary and appropriate to implement Amendment 53, are addressed as a
separate vessel limit for gag and a separate vessel limit for black
grouper, without any mention of a combined species vessel limit among
the two species. Similarly, the proposed rule and this final rule also
specifically describe separate vessel limits for both gag and black
grouper that are not linked. After a review of all relevant
information, NMFS has determined that the recreational vessel limits
approved by the Council are two gag and two black grouper, unless
subsequently changed in the future.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with Amendment 53, the FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
A final regulatory flexibility analysis (FRFA) was prepared. The
FRFA incorporates the initial regulatory flexibility analysis (IRFA), a
summary of the significant issues raised by the public comments in
response to the IRFA, and NMFS responses to those comments, and a
summary of the analyses completed to support the action. A copy of this
analysis is available from NMFS (see ADDRESSES). NMFS has determined
the FRFA is consistent with the RFA, and a summary of the FRFA follows.
The Magnuson-Stevens Act provides the statutory basis for this
final rule. A description of this final rule, why it is being
implemented, and the purpose of this final rule are contained in the
SUMMARY and SUPPLEMENTARY INFORMATION sections of this final rule.
Public comments relating to social and economic implications and
potential impacts on small businesses are addressed in the responses to
Comments 1, 2, and 4 in the Comments and Responses section of this
final rule. No changes to this final rule were made in response to
these public comments. No comments were received from the Office of
Advocacy for the Small Business Administration.
This final rule will: (1) revise the gag total ACL and sector ACLs,
(2) reduce the gag commercial trip limit, (3) revise the gag
recreational bag and possession limits, and establish recreational
vessel limits, (4) revise the gag recreational AMs, and (5) for black
grouper revise the recreational bag and possession limits and establish
recreational vessel limits. Item (1), the gag total ACL and sector
ACLs, will 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 gag commercial trip limit, will
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, will
only apply to for-hire vessels and recreational anglers. None of these
changes will directly apply to federally-permitted dealers. Any change
in the supply of gag available for purchase by dealers as a result of
this final rule, and associated economic effects, would be an indirect
effect of this regulatory action and would therefore fall outside the
scope of the impacts considered under the Regulatory Flexibility Act
(RFA).
Although most provisions of this final rule will apply to for-hire
vessels, they are not expected to have any direct effects on these
entities. For-hire vessels sell fishing services to recreational
anglers. The changes to the gag catch limits and gag and black grouper
management measures are not 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 final rule would
be a consequence of a change in anglers' behavior, secondary to any
direct effect on anglers and, therefore, an indirect effect of this
final 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 final 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. However, under the RFA, small entities include
small businesses, small organizations, and small governmental
jurisdictions (5 U.S.C. 601(6) and 601(3)-(5), and because recreational
anglers are not businesses, organizations, or governmental
jurisdictions, impacts on recreational anglers are outside the scope of
this analysis (5 U.S.C. 603). 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 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 final rule are believed to be small entities based on the NMFS
size standard. No other small entities that are directly affected by
this final rule have been identified.
This final rule will 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 new catch limits reflect a shift in
recreational reporting units from the MRIP CHTS to the MRIP FES. The
total ACL will 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
value will remain in effect unless it is changed in the future.
Relative to the current commercial ACL of 347,301 lb (157,533 kg) and
applying the current commercial sector allocation of 51 percent, the
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 final rule will
also modify the percentage of the total ACL
[[Page 65141]]
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--Revised Total ACLs and Commercial ACLs, as Based on Current Allocation Percentages
----------------------------------------------------------------------------------------------------------------
Difference between
Revised total ACL in lb Revised commercial ACL revised and current
Year (kg) in lb (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 final rule will 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 will be split equally between both sectors and added to each
sector's ACL from the previous year. As a result, the allocation
percentages will gradually shift over time. The 2032 values will remain
in effect unless changed by future management action. As shown in Table
2, the combined economic effects of the changes to the total ACLs in
conjunction with the 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 ranges 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 are 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 is -
$490,415. The average annualized NPV of changes in ex-vessel revenue
and economic profits per vessel are -$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.
Table 2--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 profits
allocation (kg) relative to no action action (2021 (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 final rule will
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 will 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
[[Page 65142]]
beginning years (2023-2025) of the rebuilding plan. Therefore, these
economic effects are initially subsumed under those described for the
changes to the 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 because it
would be inconsistent with the SSC's 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 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 those set by this final rule, along
with the expected change in ex-vessel revenue, are provided in Table 3.
Relative to the total ACLs set by this final rule 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 this final rule
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 commercial ACLs set by this final
rule, using a 3 percent discount rate, is -$777,295 (2021 dollars) and
the annualized NPV during that period is -$91,123. The average
annualized NPV of changes in ex-vessel revenue and economic profits per
vessel (assuming 203 affected vessels) are -$449 and -$4, respectively.
The second alternative was not selected because the Council determined
that 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 management measures and those implemented by
this final rule, 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 Action To Revise the ABC, ACL, and Annual
OY
--------------------------------------------------------------------------------------------------------------------------------------------------------
Difference in
Total ACL set by Total ACL under commercial ACL in Change in
Year this final rule in alternative 2 in lb Difference in total lb (kg) using potential ex-
lb (kg) (kg) ACL in lb (kg) current allocation vessel revenue
of 51 percent (2021 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
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 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 those set by this final rule, along
with the expected change in ex-vessel revenue, are provided in Table 4.
Relative to the total ACLs set by this final rule 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 this final rule
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 commercial ACLs set by this final
rule, using a 3 percent discount rate, is -$1.6 million (2021 dollars)
and the annualized NPV during that period is -$182,245. The average
annualized NPV of changes in ex-vessel revenue and economic profits per
vessel (assuming 203 affected vessels) are -$898 and -$9, respectively.
The third alternative was not selected because the Council determined
that 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 management measures and those implemented by
this final rule, are expected to be sufficient at preventing overages,
thus not requiring a buffer between the ABC and total ACL.
[[Page 65143]]
Table 4--Differences in Total ACL, Commercial ACL, and Ex-Vessel Revenue Under the Third Alternative to the Action To Revise the ABC, ACL, and Annual OY
--------------------------------------------------------------------------------------------------------------------------------------------------------
Difference in
Total ACL set by Total ACL under commercial ACL in Change in
Year this final rule in Alternative 3 in lb Difference in total lb (kg) using potential ex-
lb (kg) (kg) ACL in lb (kg) current allocation vessel revenue
of 51 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 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
allocation set by this final rule, the first alternative, when applied
to the 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 allocation set by this final rule, using a 3 percent
discount rate, is $443,067 (2021 dollars) and the annualized NPV during
that period is $51,941. The average annualized NPV of changes in ex-
vessel revenue and economic profits per vessel (assuming 203 affected
vessels) are $256 and $3, respectively. The first alternative was not
selected because the Council determined the allocation set by this
final rule was based on an allocation method that incorporated more
recent landings and was therefore a better representation of the gag
portion of the snapper-grouper fishery moving forward. This allocation
method also provided better fairness and equity between the sectors.
Table 5--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the First Alternative to the Allocation Set by This Final Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
Change in
Commercial Commercial ACL in commercial ACL in Change in
Year allocation set Alternative 1 lb (kg) under lb (kg) under potential ex-
by this final allocation Alternative 1 Alternative 1 vessel revenue
rule allocation allocation (2021 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 allocation alternative 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 allocation set by this
final rule, the second alternative, when applied to the revised 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
allocation set by this final rule, using a 3 percent discount rate, is
-$4.02 million (2021 dollars) and the annualized NPV during that period
is -$470,854. The average annualized NPV of changes in ex-vessel
revenue and economic profits per vessel (assuming 203 affected vessels)
are -$2,319 and -$23, respectively. The second alternative was not
selected because the Council determined the allocation set by this
final rule, as well as other alternatives that were considered, were
based on 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 65144]]
Table 6--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the Second Alternative to the Allocation Set by This Final
Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
Commercial Commercial ACL in Change in commercial Change in
allocation set Alternative 2 lb (kg) under ACL in lb (kg) under potential ex-
Year by this final allocation Alternative 2 Alternative 2 vessel revenue
rule 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 allocation alternative 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 allocation set by this final rule, the third alternative, when
applied to the revised 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 allocation set by this final rule,
using a 3 percent discount rate, is -$1.98 million (2021 dollars) and
the annualized NPV during that period is -$231,791. The average
annualized NPV of changes in ex-vessel revenue and economic profits per
vessel (assuming 203 affected vessels) are -$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.
Table 7--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the Third Alternative to the Allocation Set by This Final Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
Commercial Commercial ACL in Change in commercial Change in
allocation set Alternative 3 lb (kg) under ACL in lb (kg) under potential ex-
Year by this final allocation Alternative 3 Alternative 3 vessel revenue
rule 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 allocation alternative 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 allocation set by this final rule, the fourth alternative, when
applied to the revised 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 allocation
set by this final rule, using a 3 percent discount rate, is -$946,558
(2021 dollars) and the annualized NPV during that period is -$110,965.
The average annualized NPV of changes in ex-vessel revenue and economic
profits per vessel (assuming 203 affected vessels) are -$547 and -$5,
respectively. The fourth alternative was not selected because the
Council decided that the years of average landings used in this method
did not best represent the gag portion of the snapper-grouper fishery.
[[Page 65145]]
Table 8--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the Fourth Alternative to the Allocation Set by This Final
Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
Commercial Change in commercial Change in
allocation set Alternative 4 Commercial ACL in lb ACL in lb (kg) under potential ex-
Year by this final allocation (kg) under Alternative Alternative 4 vessel revenue
rule 4 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 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 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 revised 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 commercial trip limit set by this final rule, the
second 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 rebuilding plan,
these economic effects would initially be subsumed under those
described for the revised 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 because a 200 lb (91 kg) trip limit
would make trips to catch gag too costly and inefficient.
The third alternative to the 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 commercial trip limit set by this final rule, 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 revised 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 because it would not constrain
harvest to ensure the longest commercial season possible under the
revised catch levels.
The fourth alternative to the 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
commercial trip limit set by this final rule, 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 revised 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 because it would not constrain
harvest to ensure the longest commercial season possible under the
revised catch levels.
The fifth and final alternative to the 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 commercial trip limit set by this
[[Page 65146]]
final rule 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 trip limit set by this final rule and in 2027, and
subsequent years it would be 700 lb (318 kg) greater. These incremental
increases may allow for greater utilization of the revised 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 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 progress are provided.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency will publish
one or more guides to assist small entities in complying with the rule
and will designate such publications as ``small entity compliance
guides.'' The agency will explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a fishery bulletin to permit holders that also
serves as a small entity compliance guide was prepared. This final rule
and the guide (i.e., bulletin) will be available on the website (see
ADDRESSES). Hard copies of the guide and this final rule will be
available upon request (see ADDRESSES).
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 final rule. This final
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: September 15, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 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 this paragraph
(b)(2)(i), 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 this paragraph
(b)(2)(i), 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 this paragraph
(b)(2)(i), 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 this paragraph
(b)(2)(i), 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.
* * * * *
(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
[[Page 65147]]
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. 2023-20324 Filed 9-20-23; 8:45 am]
BILLING CODE 3510-22-P
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