Rule2023-26351
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 51
Primary source
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Published
December 1, 2023
Effective
January 2, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues regulations to implement Amendment 51 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region, as prepared and submitted by the South Atlantic Fishery Management Council. For snowy grouper, this final rule revises the sector annual catch limits (ACLs), commercial seasonal quotas, recreational fishing season, and recreational accountability measures. In addition, Amendment 51 revises the overfishing limit for snowy grouper, the acceptable biological catch, annual optimum yield (OY), and sector allocations of the total ACL. The purpose of this final rule and Amendment 51 is to end overfishing of snowy grouper, rebuild the stock, and achieve OY while minimizing, to the extent practicable, adverse economic impacts on fishing communities.
Full Text
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[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Rules and Regulations]
[Pages 83860-83869]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26351]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 231127-0277]
RIN 0648-BM03
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 51
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 51 to the
Fishery Management Plan for the Snapper-Grouper Fishery of the South
Atlantic Region, as prepared and submitted by the South Atlantic
Fishery Management Council. For snowy grouper, this final rule revises
the sector annual catch limits (ACLs), commercial seasonal quotas,
recreational fishing season, and recreational accountability measures.
In addition, Amendment 51 revises the overfishing limit for snowy
grouper, the acceptable biological catch, annual optimum yield (OY),
and sector allocations of the total ACL. The purpose of this final rule
and Amendment 51 is to end overfishing of snowy grouper, rebuild the
stock, and achieve OY while minimizing, to the extent practicable,
adverse economic impacts on fishing communities.
DATES: This final rule is effective January 2, 2024.
ADDRESSES: An electronic copy of Amendment 51, which includes a fishery
impact statement and a regulatory impact review, may be obtained from
the Southeast Regional Office website at <a href="https://www.fisheries.noaa.gov/node/151366">https://www.fisheries.noaa.gov/node/151366</a>.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, telephone: 727-824-
5305, or email: <a href="/cdn-cgi/l/email-protection#3a48535951145e5f4c53594e55487a54555b5b145d554c"><span class="__cf_email__" data-cfemail="a6d4cfc5cd88c2c3d0cfc5d2c9d4e6c8c9c7c788c1c9d0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The South Atlantic snapper-grouper fishery
includes snowy grouper and is managed under the Fishery Management Plan
for the Snapper-Grouper Fishery of the South Atlantic Region (FMP). The
FMP was prepared by the South Atlantic Fishery Management Council
(Council) and is implemented by NMFS 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 the regional
fishery management councils prevent overfishing and achieve, on a
continuing basis, the OY from federally managed fish stocks. These
mandates are intended to ensure that fishery resources are managed for
the greatest overall benefit to the Nation, particularly with respect
to providing food production and recreational opportunities and
protecting marine ecosystems. To further this goal, the Magnuson-
Stevens Act requires fishery managers to minimize bycatch and bycatch
mortality to the extent practicable.
On May 22, 2023, NMFS published a notice of availability for
Amendment 51 and requested public comment (88 FR 32717). On May 30,
2023, NMFS published a proposed rule for Amendment 51 and requested
public comment (88 FR 34460). NMFS approved Amendment 51 on August 17,
2023. The proposed rule and Amendment 51 outline the rationale for the
actions contained in this final rule. A summary of the management
measures described in Amendment 51 and implemented by this final rule
is described below.
All weights described in this final rule are in gutted weight.
In 2004, a stock assessment for snowy grouper was completed through
the Southeast Data, Assessment, and Review (SEDAR) process (SEDAR 4),
and NMFS determined that the stock was subject to overfishing and was
overfished. As a result of that stock status, the final rule for
Amendment 13C to the FMP implemented management measures to end
overfishing (71 FR 55096, September 21, 2006), and Amendment 15A to the
FMP established a rebuilding plan for the snowy grouper stock (73 FR
14942, March 20, 2008). The rebuilding plan year started in 2006 with a
target time of 34 years to rebuild the snowy grouper stock.
The snowy grouper stock was assessed again in 2013 through SEDAR 36
and was determined to not be undergoing overfishing. Although the stock
was overfished, it was rebuilding. In response to the assessment and a
subsequent acceptable biological catch (ABC) recommendation by the
Council's Scientific and Statistical Committee (SSC), management
actions were implemented through the final rule for Regulatory
Amendment 20 to the FMP (80 FR 43033, July 21, 2015). Regulatory
Amendment 20 and its implementing final rule increased the ACL by
setting it equal to the ABC and OY, increased the commercial trip limit
to 200 lb (91 kg), and modified the recreational fishing season from
the calendar year to May through August.
The most recent SEDAR stock assessment for South Atlantic snowy
grouper (SEDAR 36 Update) was completed in 2021 and included data
through 2018. The assessment used revised estimates for recreational
catch from the Marine Recreational Information Program (MRIP) based on
the Fishing Effort Survey (FES). In 2018, the MRIP fully transitioned
its estimation of recreational effort to the mail-based FES. Previous
estimates of recreational catch for snowy grouper were made using
MRIP's Coastal Household Telephone Survey (CHTS) phone call-based
methodology. As explained in Amendment 51, total recreational fishing
effort estimates generated from the MRIP-FES are different than those
from the MRIP-CHTS and other earlier survey methods. This difference in
estimates is because the MRIP-FES is designed to measure fishing
activity more accurately, not because there was a sudden change in
fishing effort. The MRIP-FES is considered a more reliable estimate of
recreational effort by the Council's SSC, the Council, and NMFS, and
more robust compared to the MRIP-CHTS method. The SSC reviewed the
SEDAR 36 Update and found that the assessment was conducted using the
best scientific information available, and was adequate for determining
stock status and supporting fishing level recommendations. The findings
of the assessment indicated that the South Atlantic snowy grouper stock
remains overfished and is undergoing overfishing.
Following a notification from NMFS to a fishery management council
that a stock is undergoing overfishing and is overfished, the Magnuson-
Stevens Act requires the fishery management council to develop an FMP
amendment with actions that immediately end overfishing and rebuild the
affected stock. In a letter dated June 10, 2021, NMFS notified the
Council that the snowy grouper stock is overfished and undergoing
overfishing but continues to rebuild, and the Council subsequently
[[Page 83861]]
developed Amendment 51 in response to the results of SEDAR 36 Update.
In addition to the proposed revisions to the sector ACLs and
seasonal commercial quotas, the Council determined that further
modifications to snowy grouper management measures are needed to help
constrain recreational harvest to the revised fishing levels in
Amendment 51. This final rule reduces the length of the recreational
fishing season and also adjusts the recreational accountability
measures (AMs) to ensure they are effective at keeping recreational
landings from exceeding the revised recreational ACL and correct for
any ACL overages if they occur. The Council decided not to revise the
current commercial trip limit or AMs, finding that those measures
sufficiently ensured that the commercial harvest of snowy grouper is
constrained to its ACL.
The Council determined that the actions in Amendment 51 would end
overfishing of South Atlantic snowy grouper, 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 total ACL and sector ACLs, seasonal
commercial quotas, recreational fishing season, and the recreational
AMs for snowy grouper in the South Atlantic exclusive economic zone
(EEZ).
Total ACLs
As implemented through the final rule for Regulatory Amendment 20,
the current total ACL and annual OY for snowy grouper are equal to the
current ABC of 185,464 lb (84,125 kg). Amendment 51 revised the ABC,
and set the ABC, ACL, and annual OY equal to each other.
This final rule revises the total ACL and annual OY equal to the
recommended ABC of 119,654 lb (54,274 kg) for 2023; 121,272 lb (55,008
kg) for 2024; 122,889 lb (55,741 kg) for 2025; and 122,889 lb (55,741
kg), for 2026 and subsequent fishing years.
Amendment 51 sets the total ACL for snowy grouper for 2023, 2024,
2025, and in 2026, with the 2026 ACL in place for the subsequent
fishing years. However, the ACL value for 2025 is identical to the ACL
value for 2026. While NMFS is listing the ACL value for 2025 and 2026
in the SUPPLEMENTARY INFORMATION section of this final rule, in the
regulations section of this final rule NMFS states the total and sector
ACLs for snowy grouper in 2025 and subsequent fishing years without
repeating the same ACL value for 2026.
Sector Allocations and ACLs
Amendment 51 revises the commercial and recreational allocations of
the total ACL for snowy grouper. The current sector ACLs for snowy
grouper are based on the commercial and recreational allocations of the
total ACL at 83 percent and 17 percent, respectively, that were revised
in Regulatory Amendment 20. These allocations were determined using
average commercial and recreational landings from 1986 through 2005,
which included estimates of recreational catch from the MRIP-CHTS
method.
In Amendment 51, the Council recommended allocations using the
average commercial and recreational landings from 1986 through 2005,
but included the estimates of recreational catch during those years
using the MRIP-FES method from the SEDAR 36 Update. The Council
recommended new commercial and recreational allocations of 87.55
percent and 12.45 percent, respectively, which results in a shift of
allocation of 4.55 percent from the recreational sector to the
commercial sector. The Council reasoned that using average landings
from 1986 through 2005 was more appropriate because it would exclude
the more recent years that had depth and area closures that may have
affected the allocation calculations and would achieve the most
appropriate balance between the needs of both sectors. The Council
acknowledged that because the snowy grouper portion of the snapper-
grouper fishery operates primarily in deeper water and is therefore
more difficult to access for recreational fishermen, when compared to
snapper-grouper species in shallower water and closer to shore, the
allocations between sectors have historically and consistently been
much greater for the commercial sector. NMFS considers this allocation
to be 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 an excessive share. NMFS has determined that this allocation is
also reasonably calculated to promote conservation and is a wise use of
the resource, since it will remain within the boundaries of a total ACL
that is based upon an ABC recommendation from the Council's SSC and
incorporates the best scientific information available. NMFS
acknowledges that the commercial sector would benefit from additional
allocation, but considers the economic shifts to be relatively minor.
The commercial ACLs will be 104,757 lb (47,517 kg) for 2023;
106,174 lb (48,160 kg) for 2024; 107,589 lb (48,802 kg) for 2025; and
107,589 lb (48,802 kg) for 2026 and subsequent years.
The recreational ACLs will be 1,668 fish for 2023; 1,691 fish for
2024; 1,713 fish for 2025; and 1,713 fish for 2026 and subsequent
years.
The commercial quota for snowy grouper is equivalent to the
commercial ACL. Regulatory Amendment 27 to the FMP established two
commercial fishing seasons for snowy grouper and divided the commercial
quota between the seasons (85 FR 4588, January 27, 2020). Season 1 is
from January through June with 70 percent of the commercial quota, and
Season 2 is from July through December with 30 percent of the quota.
Any commercial quota remaining from Season 1 is added to the commercial
quota in Season 2, but any commercial quota remaining from Season 2 is
not carried forward into the next fishing year. Amendment 51 and this
final rule do not alter the current commercial fishing seasons or
seasonal allocations of the commercial ACL.
Under Amendment 51, the commercial quotas in 2023 for Season 1 will
be 73,330 lb (33,262 kg) and for Season 2 will be 31,427 lb (14,255
kg); in 2024, Season 1 will be 74,322 lb (33,712 kg) and Season 2 will
be 31,852 lb (14,448 kg); in 2025, Season 1 will be 75,312 lb (34,161
kg) and Season 2 will be 32,277 lb (14,641 kg); and for 2026 and
subsequent years, Season 1 will be 75,312 lb (34,161 kg) and Season 2
will be 32,277 lb (14,641 kg).
Recreational Fishing Season
Recreational harvest of snowy grouper is currently allowed from May
1 through August 31 each year. This final rule revises the recreational
fishing season for snowy grouper where harvest will be allowed only
from May 1 through June 30. The recreational sector will be closed
annually from January 1 through April 30, and from July 1 through
December 31. During the seasonal closures, the recreational bag and
possession limits for snowy grouper will be zero. Shortening the time
recreational fishing is allowed will help to reduce the risk that
recreational harvest will exceed its reduced sector ACL, while still
allowing for retention of snowy grouper when recreational fishermen
target co-occurring species, such as blueline tilefish, in some areas.
Recreational AMs
The current recreational AMs were implemented through the final
rule for
[[Page 83862]]
Amendment 34 to the FMP (81 FR 3731, January 22, 2016). The AMs for
snowy grouper include 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 AMs also include a post-season adjustment if recreational landings
exceed the recreational ACL, and then during the following fishing year
recreational landings will be monitored for a persistence in increased
landings. If the total ACL for snowy grouper is exceeded and the stock
is 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 snowy grouper.
Given the revised 2-month fishing season, the current in-season closure
and stock status-based post-season AM is removed. The revised
recreational AM is a post-season AM that would be triggered in the
following fishing year if the recreational ACL was exceeded in the
previous year. If recreational landings exceed the recreational ACL,
NMFS would reduce the length of the recreational fishing season in the
following year by the amount necessary to prevent the recreational ACL
from being exceeded. However, the length of the recreational season
would not be reduced if NMFS determines, using the best scientific
information available, that a reduction is not necessary.
This revised recreational AM will avoid an in-season closure of the
recreational sector and extend maximum fishing opportunities to the
sector during the 2-month recreational season. This final rule removes
the current potential duplicate AM application of a reduction in the
recreational season length and a payback of the recreational ACL
overage if the total ACL was exceeded. In addition, under the revised
recreational AM, the AM trigger is not tied to the total ACL, but only
to the recreational ACL. This modification ensures that an ACL overage
in the recreational sector does not in turn affect the catch levels for
the commercial sector. Any reduced recreational season length as a
result of the AM being implemented would apply to the recreational
fishing season in the year following a recreational ACL overage.
Management Measures in Amendment 51 That Would Not Be Codified by This
Final Rule
In addition to the measures within this final rule, Amendment 51
revises the overfishing limit (OFL) for snowy grouper and sets the ACL
equal to the ABC. The amendment also revises the annual OY and the
sector allocations.
OFL, ABC, and Annual OY
The current ABC for snowy grouper was approved in Regulatory
Amendment 20, based upon the previous stock assessment (SEDAR 36) and
recommendations from the Council's SSC.
Based on the SEDAR 36 Update, the Council's SSC recommended new OFL
and ABC levels, with the ABC reduced from the OFL; the Council accepted
the recommendations. The assessment and associated OFL and ABC levels
for snowy grouper incorporated the revised estimates for recreational
catch and effort from the MRIP-FES. The SSC and NMFS determined that
the new OFL and ABC recommendations within Amendment 51 also represent
the best scientific information available. The Council chose to express
OY for snowy grouper 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 comments from seven entities during the public
comment periods for the notice of availability of Amendment 51 and the
proposed rule. Six comment letters were in opposition to one or more
actions within Amendment 51 or the proposed rule. One comment was
outside the scope of this action and suggested that all marine life
will soon be extinct if species continue to receive fishing pressure.
NMFS did not respond to this comment. Comments specific to the actions
in Amendment 51 and the proposed rule are grouped as appropriate and
summarized below, each followed by NMFS' respective response. NMFS has
not made any changes from the proposed rule to this final rule based on
public comment.
Comment 1: The stock assessments are traditionally incorrect by
underestimating the stock. The proposed reduction in the allowable
snowy grouper catch limit and season are grossly restrictive. Based on
observation in the Florida Keys area alone the population is thriving.
The abundance of snowy grouper make catching other deep water species
very difficult. The bottom line is that the assessment population data
are flawed.
Response: NMFS disagrees that the stock assessment data for snowy
grouper are flawed. The most recent SEDAR stock assessment for South
Atlantic snowy grouper (SEDAR 36 Update) was completed in 2021 and
included data through 2018. The findings of the assessment indicated
that the South Atlantic snowy grouper stock remains overfished and is
undergoing overfishing. Although NMFS recognizes that the abundance of
snowy grouper varies across locations in the South Atlantic, snowy
grouper is managed as a single stock in the South Atlantic, and the
stock assessment, which used region-wide data, concluded that the
overall stock is undergoing overfishing and is overfished. The
Council's SSC and NMFS reviewed the stock assessment and determined
that the SEDAR 36 Update is based on the best scientific information
available. Following a notification from NMFS to a fishery management
council that a stock is undergoing overfishing and is overfished, the
Magnuson-Stevens Act requires the fishery management council to develop
an FMP amendment with actions that immediately end overfishing and
rebuild the affected stock. The Council and NMFS have determined that
the actions in Amendment 51 would end overfishing of South Atlantic
snowy grouper, continue to rebuild the stock, and achieve OY while
minimizing, to the extent practicable, adverse social and economic
effects.
Comment 2: NMFS' conversion of snowy grouper from pounds to numbers
of fish to set the recreational sector ACL also assumes a low average
weight of 8.93 lb (4.1 kg) per fish in gutted weight that is not
supported by the record. Other evidence in the records shows an average
weight closer to or above 10 lb (4.5 kg). Pictures posted by anglers on
social media sites routinely show snowy grouper of 15 to 40 lb (6.8 to
18.1 kg). At such low levels of harvest, a 10 percent variation makes a
big difference. If the average gutted weight was actually 10 lb (4.5
kg), then the recreational sector ACL should be 1,490 fish, not 1,668
fish.
Response: NMFS disagrees that a different average weight should be
used for snowy grouper. To support using a higher weight, the commenter
supplied pictures of recreationally caught snowy grouper posted on
social media, and referenced higher average weights stated in
Regulatory Amendment 20 to the FMP and a two-page document that sets
forth different options to estimate the average weight for snowy
grouper. The average weight used for snowy grouper in Amendment 51 is
based on information in the SEDAR 36 Update, which was subject to a
rigorous and independent scientific review. The total ACL is in pounds
of fish, and
[[Page 83863]]
recreational landings are reported in numbers of fish. To determine the
recreational ACL, the pounds were converted to numbers of fish using an
average weight of a snowy grouper. As explained in Amendment 51, an
average weight of snowy grouper was determined from data used in the
SEDAR 36 Update to be 8.93 lb, which was the average landed weight of
snowy grouper from 2016 through 2018 as reported by recreational
fishermen. NMFS acknowledges that different average weights for
recreationally caught snowy grouper can vary using different methods or
from other sources. However, NMFS determined that the SEDAR 36 Update,
which used more recent data than what was used in support of Regulatory
Amendment 20, and the 8.93-lb (4.1-kg) average weight for a snowy
grouper in the recreational sector to be based on the best scientific
information available.
Comment 3: The ACL for the recreational sector applies only to
landings of snowy grouper and there is no limit on dead discards, dead
discards are not tracked during the fishing season against a fixed
limit, and there are no consequences if the recreational sector
discards more fish than NMFS projects.
Response: Dead discards of snowy grouper were accounted for in
establishing the recreational ACL for snowy grouper. Dead discards are
fish that fishermen catch and then discard for various reasons, and
that are dead or subsequently die soon after they are released.
According to the SEDAR 36 Update, 95.4 percent of total removals of
snowy grouper are landings and 4.6 percent are dead discards. The ABCs
in Amendment 51 were derived from the SEDAR 36 Update, which accounted
for dead discards and other sources of fish mortality. Since an ACL is
directly calculated from an ABC, the recreational ACL for snowy grouper
in Amendment 51 that was derived from the ABC did account for dead
discards.
NMFS acknowledges that neither the recreational ACL nor the
commercial ACL establish a limit on the amount of dead discards during
a fishing season, and discards are not specifically tracked against a
fixed limit during a fishing season for either the recreational sector
or the commercial sector (see also the response to Comment 10 regarding
bycatch of snowy grouper). Section 303(a)(15) of the Magnuson-Stevens
Act requires the FMP to include ACLs and AMs, and the National Standard
1 Guidelines define catch as including both landed fish and dead
discards (50 CFR 600.310(f)(1)(i)). However, the National Standard 1
Guidelines also state that the ABC, on which the ACLs are based, may be
expressed in terms of landings as long as estimates of bycatch and any
other fishing mortality not accounted for in the landings are
incorporated into the determination of ABC (50 CFR 600.310(f)(3)(i)).
As explained in Amendment 51, the ABC was calculated to account for
dead discards. Thus, the recreational ACL for snowy grouper meets the
requirements of the Magnuson-Stevens Act.
Comment 4: There is no way of tracking to determine if the
recreational ACL has been met and no possible way for NMFS to ensure
that an ACL of 1,668 fish will be reached. There are no mandatory
reporting requirements for private recreational anglers, even though
NMFS estimates that private anglers account for roughly 30 to 75
percent of all snowy grouper landings in recent years. Management
uncertainty is extremely high in the recreational sector.
Response: NMFS disagrees that Amendment 51 supports the
characterization that private anglers account for roughly 30 to 75
percent of all snowy grouper landings. The recreational sector is
comprised of private fishermen and for-hire fishermen (charter vessels
and headboats). Amendment 51 at Table 4.1.2.1 (page 61) shows the
commercial, recreational, and total landings for South Atlantic snowy
grouper for each fishing year from 2015 to 2019, with the 5-year
average landings of 142,812 lb (64,778 kg) for the commercial sector
and 39,807 lb (18,056 kg) for the recreational sector. In addition,
prior to Amendment 51, the recreational sector was allocated 17 percent
of the total ACL, and Table 3.2.2 in Amendment 51 (page 30) indicates
that in 4 of the 5 years from 2015 to 2019, the recreational sector did
not harvest all of its ACL.
NMFS disagrees than it cannot determine whether the snowy grouper
recreational ACL was reached. Recreational landings information for the
private and charter fishermen are collected through the MRIP-FES
program. MRIP-FES consists of an intercept survey conducted at public
marine fishing access points and a mail-based survey which estimates
recreational shore and private boat fishing effort. Federally permitted
vessels selected to participate in the Southeast Region Headboat Survey
are required to submit a trip report for each trip. NMFS uses the best
data available from the MRIP-FES and headboat survey to track
recreational landings and compare them to the recreational ACL.
Using the best scientific information available, NMFS will
determine whether the recreational ACL was met or exceeded, and whether
the length of the next season needs to be reduced to prevent
recreational landings from exceeding the recreational ACL, in
accordance with the new recreational AM. NMFS, the SSC, and the Council
have determined that Amendment 51 is consistent with the Magnuson-
Stevens Act and its National Standards, and that the landings estimates
from the MRIP-FES and headboat survey represent the best scientific
information available. This determination is supported by an April 14,
2023, memorandum from the NMFS Southeast Fisheries Science Center as
well as the recommendations from the Council's SSC.
Comment 5: Amendment 51 removes existing recreational AMs, replaces
it with a defective AM, and fails to establish AMs to ensure the
recreational ACL is not exceeded. Further, the proposed recreational AM
does nothing to correct and mitigate overages if they occur, and does
not consider a payback of the overage.
Response: NMFS acknowledges that the recreational AMs are revised
but disagrees that the new AM is defective as set forth in the comment.
The current recreational AMs are being modified in this rule in
response to the reduction in both the recreational ACL and season
length for snowy grouper in Amendment 51. As explained in the response
to Comment 4, NMFS uses data from the MRIP-FES and headboat survey to
track recreational landings and compare them to the recreational ACL.
Retaining an in-season closure based on current recreational landings
data is not practical for a recreational ACL of 1,668 fish (in 2023)
and season length of 2 months, given the time delay between when
recreational landings for species occur and when the information
becomes available to management for in-season actions such as closures.
The final rule modifies the post-season recreational AM so that the
reduction in fishing season length following an overage of the
recreational ACL is not dependent on an exceedance of the total ACL and
an overfished stock status. The new AM for the recreational sector will
now be triggered when only the recreational ACL is exceeded, thereby
ensuring that a recreational ACL overage does not also affect the ACL
for the commercial sector. If recreational landings exceed the
recreational ACL, and after an analysis and determination by NMFS that
a reduction of the recreational ACL in the following year is necessary,
NMFS will reduce the length of the recreational fishing season
[[Page 83864]]
for the year following an ACL overage by the amount necessary to
prevent the recreational ACL from being exceeded again.
In addition, this final rule removes the potential duplicate AM
application of a reduction in the recreational season length and a
reduction of the recreational ACL matching the amount of the ACL
overage if the total ACL was exceeded. The Council considered this a
potential ``double penalty'' for the recreational sector and did not
consider both actions necessary following an overage of the total ACL.
Similar actions are being taken to modify recreational AMs in
Amendments 50, 52, and 53 to the FMP, especially for species where the
recreational ACL is relatively low and the recreational season length
is short.
Comment 6: Reducing an already short season for snowy grouper would
adversely affect recreational fishermen during the closed months while
weather is generally favorable for bottom fishing. Snowy grouper
provide a trophy to target, fine table fare, and a small reward to
maintain angler interest.
Response: The current recreational fishing season is from May
through August, and reducing the recreational fishing season from 4 to
2 months is needed to end overfishing, continue to rebuild the stock,
and offer long-term social benefits. The Council considered multiple
factors in recommending the preferred alternative for reducing the
length of the snowy grouper recreational season, including the season
length projections, economic concerns, and the potential changes in
bycatch. The Council determined and NMFS agrees that it is important to
provide recreational fishermen and for-hire fishing businesses with the
longest season possible to harvest the recreational ACL, while
preventing overages of the recreational ACL. Shortening the time that
recreational fishing is allowed for snowy grouper in the South Atlantic
contributes to ensuring that recreational catches do not exceed the
recreational ACLs specified in this final rule. The 2-month season
allows for retention of snowy grouper when recreational fishermen
target co-occurring species, such as blueline tilefish, in some areas.
In addition, disruptive weather events, such as hurricanes, occur with
greater frequency during July and August than during May and June.
Given the need to shorten the recreational season to end overfishing,
having the revised recreational fishing season for snowy grouper
earlier rather than later in the summer should allow for greater access
to harvest snowy grouper. Finally, the new recreational season may
provide additional biological benefits to spawning snowy grouper, as
the season will now exclude July and August, which is part of the snowy
grouper peak spawning season of May through August.
Comment 7: The 2-month recreational fishing season NMFS is
proposing is also too long when compared to the recreational ACL as
Amendment 51 shows that the recreational ACL would likely be met before
the end of the season. For snowy grouper to be rebuilt, recreational
seasons need to be shortened and accountability increased. It is
irrational to propose keeping the season open an additional 17 days
past when the analysis in Amendment 51 shows that the recreational ACL
would be met (June 13).
Response: Amendment 51 contains two projections that estimate when
the recreational ACL will be reached if the new recreational ACL and a
2-month fishing season are implemented. Using a 3-year average (2017
through 2019) of landings, the recreational ACL is not expected to be
reached before the end of the fishing season. Using a 5-year average
(2015 through 2019) of landings, landings are projected to reach the
recreational ACL on June 13th. After reviewing the projection
information and effects analysis, the Council chose a 2-month season
for the reasons outlined in the response to Comment 6. If recreational
landings exceed the recreational ACL, NMFS could shorten the following
recreational season to avoid another exceedance of the ACL. NMFS has
determined that the ACLs, AMs, and management measures for the
recreational sector specified in Amendment 51 and this final rule will
end overfishing, continue to rebuild the stock, and prevent and
mitigate overages if they are to occur.
Comment 8: Amendment 51 conflicts with National Standard 8 as it
will result in further declines in participation of the commercial
fishing community (as shown by the reduced number of commercial
permits) and not provide for sustained participation, will impose
further hardship on the commercial sector by reducing the total ACL
while failing to account for the sectors' respective contribution to
the underlying problem, and will impose (not minimize) negative
economic impacts on those communities. The commercial industry has
suffered through 100-lb (45-kg) trip limits, while the recreational
sector has been allowed to operate without changes.
Response: NMFS disagrees that Amendment 51 is inconsistent with the
Magnuson-Stevens Act National Standard 8, which requires that
conservation and management measures take into account the importance
of fishery resources to fishing communities to provide for the
sustained participation of those communities, and to the extent
practicable, minimize adverse economic impacts on those communities.
NMFS acknowledges that snowy grouper is predominantly harvested by the
commercial sector, that the sector is supported by the associated
fishing communities, and that commercial vessel permits issued for the
snapper-grouper fishery have decreased over time. Following the results
of the SEDAR 4 assessment for snowy grouper (2006), which indicated the
stock was both overfished and experiencing overfishing, additional
restrictions were implemented for both the commercial and recreational
sectors to help end overfishing and rebuild the stock; those
restrictions now include low commercial trip limits (currently 200 lb
or 91 kg, last revised and increased in 2015) and low recreational bag
limits (currently one snowy grouper per vessel, last revised and
decreased in 2006). Section 1.7 in Amendment 51 provides further
information on the history of management for the commercial and
recreational harvest of snowy grouper. NMFS utilized the best
scientific information available to describe affected fishing
communities in Amendment 51 and evaluate the economic effects on the
commercial sector, in general. Fishing communities that are associated
with commercial and recreational fishing and can be identified as
having some relationship with snowy grouper harvest are identified and
discussed in section 3.4 of Amendment 51.
The snowy grouper stock in the South Atlantic is overfished and is
subject to overfishing. Magnuson-Stevens Act National Standard 1
requires that conservation and management measures prevent overfishing,
and National Standard 8 is also clear that those conservation and
management measures take into account the importance of fishery
resources to fishing communities ``consistent with the conservation
requirements of this Act (including the prevention of overfishing and
rebuilding of overfished stocks) . . . .'' 16 U.S.C. 1851(a)(8).
Further, according to the National Standard 8 Guidelines at 50 CFR
600.345(b)(1), ``[W]here two alternatives achieve similar conservation
goals, the alternative that provides the greater potential for
sustained participation of [fishing] communities and minimizes the
adverse economic impacts on such communities would be the preferred
alternative.''
[[Page 83865]]
The actions in Amendment 51 that directly affect the commercial
sector and thus commercial fishing communities are revisions to the
ABC, total ACL, and annual OY for snowy grouper, and revisions to the
sector allocations and sector ACLs. The reductions in the ABC, ACL, and
annual OY for snowy grouper are required by the need to end overfishing
and rebuild the stock. The no-action alternatives in Amendment 51 would
not have met these objectives. Of the other alternatives considered,
the measures implemented in this final rule are expected to generate
the least adverse economic effects on the commercial sector and thus on
commercial fishing communities. Further, the commercial allocation is
actually increased in Amendment 51. The analysis shows that this choice
of allocation is expected to generate the least adverse economic
effects on the commercial sector and thus on commercial fishing
communities. Therefore, NMFS has determined that the measures in this
final rule are expected to minimize adverse effects on commercial
fishing communities, consistent with National Standard 8.
Comment 9: Amendment 51 harms consumers of snowy grouper. While
commercial fishers may be able to adapt, the consumer has preferences
for their favorite fish. Having to instead choose imported fish is not
desired and the Council and NMFS need to ensure domestic access through
commercial fishermen.
Response: NMFS acknowledges that some U.S. consumers may prefer
locally-harvested South Atlantic groupers, and that a reduced supply of
snowy grouper could result in a reduction in economic benefits for
those consumers. Unfortunately, NMFS does not have estimates of price
flexibility (how prices respond to changes in supply) or demand
elasticity (how quantity demanded responds to changes in price) that
are specific to South Atlantic snowy grouper or other comparable South
Atlantic groupers, and therefore NMFS cannot project changes in prices
or estimate changes in consumer surplus (economic benefits) associated
with the new commercial ACL implemented by this final rule. There are,
however, a number of consumer substitutes for South Atlantic snowy
grouper, including other South Atlantic snapper-grouper species,
snappers and groupers harvested from the Gulf of Mexico, and imports.
The availability of these substitutes will likely minimize any effects
on consumers that result from a change in the supply of South Atlantic
snowy grouper. As previously discussed, although the commercial ACL is
reduced, this final rule will increase the allocation for the
commercial sector. Relative to the alternatives considered, this would
generate the least adverse economic effects on the commercial sector
and thus on seafood consumers.
Comment 10: Amendment 51 does not comply with National Standard 9
because the amendment fails to account for dead discards and will
increase bycatch of snowy grouper by setting a recreational season
shorter than the blueline tilefish season. The snowy grouper
recreational season needs to be adjusted to align with blueline
tilefish as these species regularly co-occur. Amendment 51 does nothing
to minimize bycatch and will instead increase bycatch. The amendment
fails to consider whether measures to minimize bycatch or bycatch
mortality are possible such as multi-hook rigs when the daily bag limit
is one snowy grouper per vessel.
Response: NMFS disagrees that Amendment 51 violates Magnuson-
Stevens Act National Standard 9, and NMFS explained in the response to
Comment 3 how Amendment 51 accounted for dead discards. National
Standard 9 requires that conservation and management measures, ``to the
extent practicable: (1) minimize bycatch; and (2) to the extent bycatch
cannot be avoided, minimize the mortality of such bycatch.'' 16 U.S.C.
1851(a)(9). NMFS has determined that Amendment 51 minimizes bycatch and
bycatch mortality to the extent practicable. This determination is
supported by a Bycatch Practicability Analysis for the actions in
Amendment 51 (Appendix G to Amendment 51) that evaluated the
practicability of taking additional action to minimize bycatch and
bycatch mortality using the 10 factors provided in the National
Standard 9 Guidelines at 50 CFR 600.350(d)(3)(i).
NMFS acknowledges that commercial and recreational discards of
snowy grouper may increase as a result of reduced ACLs and shorter
fishing seasons. Many of the 55 managed snapper-grouper species, such
as snowy grouper and blueline tilefish, occur together in certain
areas. Fishermen will often target a species where retention is
allowed, and then must discard a species if the harvest is closed. As
the final rule will decrease the commercial ACL and retain the current
in-season closure when the ACL is reached or projected to be reached,
the commercial season is likely to close earlier in the year after the
new commercial ACL in the final rule is implemented (see Appendix F of
Amendment 51 for a projection of the commercial season length). In
turn, a longer closed season could increase discards of snowy grouper
if fishermen are targeting species that co-occur with snowy grouper.
Similarly, recreational discards may increase with a lower
recreational ACL and shorter season if fishermen target species that
also occur with snowy grouper when harvest for snowy grouper is closed.
However, any adverse effects are expected to be minor because discards
comprise a relatively minor component of the over total mortality of
snowy grouper. For example, snowy grouper and blueline tilefish occur
together in some areas, and for the recreational sector, the current
fishing seasons for both species are open from May through August. This
final rule will reduce the recreational season for snowy grouper from 4
to 2 months. Amendment 52 to the FMP will reduce the bag limit and
change the recreational accountability measures for blueline tilefish
but will not change the 4-month season (88 FR 76696, November 7, 2023).
NMFS acknowledges that fishermen will need to discard snowy grouper
during the snowy grouper closure. Based on public input, snowy grouper
discards are not expected to change north of Cape Hatteras, North
Carolina, as the typical habitats where snowy grouper and blueline
tilefish occur are more segregated.
Despite the possible change in discards, the reduction in ACLs and
recreational fishing season are needed to end overfishing, continue to
rebuild the stock, and offer long-term social benefits. The National
Standard 9 Guidelines advise that conservation and management measures
must also be consistent with all of the other national standards and
maximization of net benefits to the Nation (50 CFR 600.350(d)(3)(i)).
NMFS has determined that the actions in the final rule are required to
prevent overfishing while achieving, on a continuing basis, the OY from
the fishery (National Standard 1), set an ACL that does not exceed the
ABC (National Standard 1), implement conservation and management
measures based upon the best scientific information available (National
Standard 2), and minimize adverse economic impacts on fishing
communities (National Standard 8). See also the responses to Comments 6
and 7 for a discussion of the multiple factors that were considered
when choosing the length of the snowy grouper recreational season,
including the season length projections, economic concerns, and the
[[Page 83866]]
expected or potential changes in bycatch.
Any change to snowy grouper discards from the actions in the final
rule may not have a significant affect to the overall health of the
stock. Dead discards comprise a minor component of the overall
mortality of snowy grouper, with total removals of snowy grouper
estimated to comprise on average 95.4 percent landings and 4.6 percent
dead discards (SEDAR 36 Update). NMFS considered the actions and
analyses in Amendment 51, and evaluated the practicability of taking
additional action to minimize bycatch and bycatch mortality (50 CFR
600.350(d)(3)(i)). In summary, NMFS does not expect the actions in
Amendment 51 to significantly contribute to or detract from the current
level of bycatch in the snapper grouper fishery, as supported by the
Bycatch Practicability Analysis for Amendment 51 (Appendix G).
NMFS has implemented other measures to reduce bycatch and bycatch
mortality. For example, in implementing Regulatory Amendment 29 to the
FMP on July 15, 2020, to reduce bycatch, NMFS required that a
descending device be available and ready for use on all commercial,
for-hire, and private recreational vessels while fishing for or
possessing snapper-grouper species. To reduce fishing mortality, that
final rule also required the use of non-offset non-stainless steel
circle hooks when fishing for snapper-grouper species with hook-and-
line gear and natural bait north of 28[deg] N latitude. (85 FR 36166,
June 15, 2020). The Council has also developed a Best Fishing Practices
Outreach Campaign for commercial and recreational fishermen that
includes education and outreach and the collection of discard
information through their Citizen Science Program. The program involves
fishermen and scientists working together to collect information that
can be used for stock assessments and management.
Comment 11: NMFS' National Standard Guidelines recommend use of an
annual catch target (ACT), or buffer below the ACL, to ``account for
management uncertainty in controlling the catch at or below the ACL.''
Amendment 51 does not specify an ACT or buffer for the recreational
sector despite massive, acknowledged management uncertainty.
Response: NMFS acknowledges that the Council did not consider a
recreational ACT in Amendment 51. Recreational ACTs have not been used
for management purposes under the FMP, and ACTs were recently
eliminated through Amendment 49 to the FMP for all snapper-grouper
species because management uncertainty is already accounted for when
setting ACLs (88 FR 65819, September 26, 2023).
Comment 12: It is unfair to impose a rule that is effective May 1
through June 30 and the proposal was introduced on May 22, 2023. If the
amendment is approved, it should be effective further in the future as
to allow recreational fisherman time to catch snowy grouper.
Response: NMFS published the notice that announced the availability
of Amendment 51 for public review and comment in the Federal Register
on May 22, 2023 (88 FR 32717), and published the proposed rule for
public review and comment on May 30, 2023 (88 FR 34460). Prior to these
public comment periods, the actions in Amendment 51 were introduced and
discussed during multiple public Council meetings that also had public
comment periods. Amendment 51 was approved on August 17, 2023, and
after this final rule to implement Amendment 51 publishes in the
Federal Register, there will be a 30-day delay before the management
measures in this rule become effective, consistent with the
Administrative Procedure Act, as specified in the DATES section of this
final rule.
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 51, 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). 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 socio-economic implications and
potential impacts on small businesses are addressed in the responses to
Comments 6, 8, and 9 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 snowy grouper total ACL, (2)
revise the snowy grouper sector ACLs, (3) modify the snowy grouper
recreational season, and (4) revise the recreational AMs for snowy
grouper. The changes to the ACLs, as well as the sector allocations,
would apply to all federally-permitted commercial vessels, federally-
permitted charter vessels and headboats (for-hire vessels), and
recreational anglers that fish for or harvest snowy grouper in Federal
waters of the South Atlantic. The changes to the recreational season
and AMs only apply to federally permitted owners and operators of for-
hire vessels and recreational anglers. This final rule will not
directly apply to federally-permitted dealers. Any change in the supply
of snowy grouper available for purchase by dealers as a result of this
final rule, and associated economic effects, would be an indirect
effect of this rule and would therefore fall outside the scope of the
Regulatory Flexibility Act (RFA).
Although all components of this final rule 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 snowy grouper management measures will not
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, which would be 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 snowy
grouper in the South Atlantic, NMFS does not expect any change in for-
hire trip demand to result from this final rule; however, should it
occur, the associated indirect effects would fall outside the scope of
the RFA. For-hire captains and crew are allowed to retain snowy grouper
under the recreational bag limit; however, they cannot sell these fish.
As such, for-hire captains and crew are only affected as recreational
anglers. The RFA does not consider recreational anglers to be entities,
so they are also outside the scope of this analysis (5 U.S.C. 604).
Small entities include small businesses, small organizations, and small
governmental jurisdictions (5 U.S.C.
[[Page 83867]]
601(6) and 601(3)-(5)). Recreational anglers are not businesses,
organizations, or governmental jurisdictions. In summary, only the
impacts on commercial vessels will be discussed.
As of August 26, 2021, there were 579 valid or renewable South
Atlantic snapper-grouper commercial unlimited permits and 112 valid or
renewable commercial 225-lb (102-kg) trip-limited snapper-grouper
permits. On average from 2015 through 2019, there were 161 federally-
permitted commercial vessels with reported landings of snowy grouper in
the South Atlantic. For the 161 commercially permitted vessels, the
average annual vessel-level gross revenue from all species for 2015
through 2019 was $82,475 (2021 dollars) and snowy grouper accounted for
approximately 6.1 percent of this revenue. For commercial vessels that
harvest snowy grouper in the South Atlantic, NMFS estimates that
economic profits are $3,299 (2021 dollars) or approximately 4 percent
of annual gross revenue, on average. The maximum annual revenue from
all species reported by a single one of the vessels that harvested
snowy grouper 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 total ACL for snowy grouper, based
on the most recent ABC recommendation from the Council's SSC in
response to the SEDAR 36 Update. This catch limit reflects a shift in
recreational reporting units from the MRIP-CHTS to the MRIP-FES. The
total ACL will be set equal to the ABC or 119,654 lb (54,274 kg) in
2023, 121,272 lb (55,008 kg) in 2024, and 122,889 lb (55,742 kg) in
2025 and subsequent years. Based on the current sector allocation
percentages, these changes to the catch limits represent a decrease in
the current commercial ACL for snowy grouper of 54,622 lb (24,776 kg)
in 2023, 53,279 lb (24,167 kg) in 2024, and 51,937 lb (23,558 kg) in
2025 and subsequent years. However, as discussed below, this final rule
will also modify the percentage of the total ACL that is allocated to
the commercial sector and therefore economic effects to small entities
are quantified as part of that discussion.
Amendment 51 will increase the commercial sector allocation from 83
percent of the total snowy grouper ACL to 87.55 percent. This, in
conjunction with the changes to the total ACLs, results in a commercial
ACL for snowy grouper of 104,757 lb (47,517 kg) in 2023 (73,330 lb
[33,262 kg] in Season 1 and 31,427 lb [14,255 kg] in Season 2); 106,174
lb (48,160 kg) in 2024 (74,322 lb [33,712 kg] in Season 1 and 31,852 lb
[14,448 kg] in Season 2); and 107,589 lb (48,802 kg) in 2025 and in
subsequent years (75,312 lb [34,161 kg] in Season 1 and 32,277 lb
[14,641 kg] in Season 2). Relative to the status quo commercial ACL of
153,935 lb (69,824 kg), this is a decrease of 49,178 lb (22,307 kg) in
2023; 47,761 lb (21,664 kg) in 2024; and 46,346 lb (21,022 kg) in 2025
and in subsequent years. These decreases in the commercial ACL are
expected to result in corresponding decreases in aggregate ex-vessel
revenue of $284,249 (2021 dollars) in 2023, $276,059 in 2024, and
$267,880 in 2025 and subsequent years, noting that the 2023 ex-vessel
revenue estimates are likely overstated given the expected
implementation of this final rule later in this fishing year. Divided
by the average number of vessels with reported landings of snowy
grouper from 2015 through 2019, this translates to an annual loss in
ex-vessel revenue that ranges from $1,664 (2021 dollars) to $1,766 per
vessel, which is approximately 2 percent of average annual per vessel
gross revenue. It is noted that snowy grouper makes up a relatively
small portion of annual gross revenue for vessels that land the species
(6.1 percent), and on trips where snowy grouper are harvested, it
comprises less than a quarter of trip revenue, on average (2015 to
2019). Therefore, NMFS assumes snowy grouper is harvested as a
secondary, if not incidental, species on trips targeting other species
and that this final rule will not materially affect fishing behavior,
effort, or operating costs. As a result, the estimated reduction in
annual ex-vessel revenue due to less snowy grouper available for
harvest is assumed to be a straight loss in annual economic profits of
$1,664 (2021 dollars) to $1,766 per vessel (approximately 50 percent to
54 percent of average annual economic profits). Individual fishing
businesses, however, may experience varying levels of economic effects,
depending on their fishing practices, operating characteristics, and
profit maximization strategies.
The following discussion describes the alternatives that were
considered but not implemented in this final rule.
Three alternatives were considered for the action to set the ABC,
total ACL, and annual OY equal to 119,654 lb (54,274 kg) in 2023,
121,272 lb (55,008 kg) in 2024, and 122,889 lb (55,742 kg) in 2025 and
subsequent years. The first alternative to the action, the no action
alternative, would maintain the current ABC, ACL, and annual OY of
185,464 lb (84,125 kg). Therefore, it would not be expected to change
fishing practices or commercial harvests of snowy grouper, nor would it
be expected to have resulting economic effects. This alternative was
not selected by the Council because it would not end overfishing and it
would be inconsistent with the SSC's latest catch limit recommendations
and the transition to MRIP-FES, and therefore, would not be based on
the best scientific information available.
The second alternative would set the ACL and annual OY for snowy
grouper equal to 95 percent of the most recent ABC recommendation from
the SSC. Under the second alternative, both the ACL and annual OY would
be set to 113,671 lb (51,560 kg) in 2023, 115,208 lb (52,257 kg) in
2024, and 116,745 lb (52,955 kg) in 2025 and in subsequent years.
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 and annual OY by an additional 5,983 lb (2,714 kg)
in 2023, 6,064 lb (2,751 kg) in 2024, and 6,144 lb (2,787 kg) in 2025
and in subsequent years. These further reductions in the ACL would
result in an estimated annual reduction in ex-vessel revenue and
economic profits that is $34,582 (2021 dollars) to $35,512 ($215 to
$221 per vessel) greater than what is expected under the total ACLs set
by this final rule. The Council did not select the second alternative
because they decided 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, as well
as those implemented by this final rule, would be sufficient at
preventing overages, thus not requiring a buffer between the ABC and
ACL.
[[Page 83868]]
The third alternative would set the ACL and annual OY for snowy
grouper equal to 90 percent of the most recent ABC recommendation from
the SSC. Under the third alternative, both the ACL and annual OY would
be set to 107,689 lb (48,847 kg) in 2023, 109,145 lb (49,507 kg) 2024,
and 110,600 lb (50,167 kg) in 2025 and subsequent years. 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 and annual OY by an additional 11,965 lb (5,427 kg) in
2023, 12,127 lb (5,501 kg) in 2024, and 12,289 lb (5,574 kg) in 2025
and subsequent years. These further reductions in the ACL would result
in an estimated annual reduction in ex-vessel revenue and economic
profits that is $69,158 (2021 dollars) to $71,030 ($430 to $441 per
vessel) greater than what is expected under the total ACLs set by this
final rule. The Council did not select the third alternative because
they decided 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, as well as
those implemented by this final rule, would be sufficient at preventing
overages, thus not requiring a buffer between the ABC and ACL.
Two alternatives were considered for the action to revise sector
allocations and ACLs for snowy grouper. The first alternative to the
action, the no action alternative, would retain the current commercial
sector and recreational sector allocations as 83 percent and 17
percent, respectively, of the revised total ACL for snowy grouper.
Based on the total ACLs set by this final rule of 119,654 lb (54,274
kg) in 2023, 121,272 lb (55,008 kg) in 2024, and 122,889 lb (55,742 kg)
in 2025 and subsequent years, this alternative would result in a
commercial ACL of 99,313 lb (45,048 kg) in 2023, 100,656 lb (45,657 kg)
in 2024, and 101,998 lb (46,266 kg) in 2025 and subsequent years.
Compared to the commercial sector allocation set by this final rule of
87.55 percent, this alternative would result in a commercial ACL that
is 5,444 lb (2,469 kg) lower in 2023, 5,518 lb (2,503 kg) lower in
2024, and 5,591 lb (2,536 kg) lower in 2025 and subsequent years. This
would translate to an additional aggregate annual loss in ex-vessel
revenue and economic profits of $31,466 (2021 dollars) to $32,316 ($195
to $201 per vessel) relative to this final rule. The Council did not
select the first alternative because the status quo sector allocation
percentages are based on average landings from 1986 through 2005 in
MRIP-CHTS units and therefore do not reflect the intent or results of
the original allocation formula when applied to the new ACL based on
MRIP-FES units. The terms ``MRIP-CHTS units'' and ``MRIP-FES units''
signify landings data that are in different scales and are not directly
comparable.
The second alternative would allocate 73.36 percent of the revised
total ACL for snowy grouper to the commercial sector and 26.64 percent
of it to the recreational sector. Based on the total ACLs set by this
final rule, this alternative would result in a commercial ACL of 87,778
lb (39,815 kg) in 2023, 88,965 lb (40,354 kg) in 2024, and 90,151 lb
(40,892 kg) in 2025 and subsequent years. Compared to the commercial
sector allocation set by this final rule of 87.55 percent, this
alternative would result in a commercial ACL that is 16,979 lb (7,702
kg) lower in 2023, 17,209 lb (7,806 kg) lower in 2024, and 17,438 lb
(7,910 kg) lower in 2025 and subsequent years. This would translate to
an additional aggregate annual loss in ex-vessel revenue and economic
profits of $98,139 (2021 dollars) to $100,792 ($610 to $626 per vessel)
relative to this final rule. The Council did not select the second
alternative because they decided that the method used to determine the
current allocations (average landings from 1986 through 2005) was more
appropriate than the allocations formula adopted through the 2012
Comprehensive ACL Amendment to the FMP for unassessed species (77 FR
15916, March 16, 2012). They also decided that the second alternative
would be less effective at achieving the objectives of the FMP and
satisfying the needs of the commercial sector, in particular.
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 shall publish
one or more guides to assist small entities in complying with the rule
and shall designate such publications as ``small entity compliance
guides.'' The agency shall 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, NMFS prepared a fishery bulletin, which also
serves as a small entity compliance guide. Copies of this final rule
are available from the Southeast Regional Office, and the guide, i.e.,
fishery bulletin, will be sent to all known industry contacts in the
snapper-grouper fishery and be posted at <a href="https://www.fisheries.noaa.gov/tags/small-entity-compliance-guide?title=&field_species_vocab_target_id=&field_region_vocab_target_id%5B1000001121%5D=1000001121&sort_by=created">https://www.fisheries.noaa.gov/tags/small-entity-compliance-guide?title=&field_species_vocab_target_id=&field_region_vocab_target_id%5B1000001121%5D=1000001121&sort_by=created</a>. The guide and this final
rule will be available upon request.
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
Commercial, Fisheries, Fishing, Recreational, Snowy grouper, South
Atlantic.
Dated: November 27, 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. 622.183, revise paragraph (b)(8) to read as follows:
Sec. 622.183 Area and seasonal closures.
* * * * *
(b) * * *
(8) Snowy grouper recreational sector closure. The recreational
sector for snowy grouper in the South Atlantic EEZ is closed each year
from January 1 through April 30, and July 1 through December 31. During
a recreational closure, the bag and possession limits for snowy grouper
harvested in or from the South Atlantic EEZ are zero.
* * * * *
0
3. In Sec. 622.190, revise paragraphs (a)(1)(i) and (ii) to read as
follows:
Sec. 622.190 Quotas.
* * * * *
(a) * * *
(1) * * *
(i) From January 1 through June 30 each year.
(A) 2023--73,330 lb (33,262 kg).
(B) 2024--74,322 lb (33,712 kg).
(C) 2025 and subsequent fishing years--75,312 lb (34,161 kg).
(ii) From July 1 through December 31 each year.
[[Page 83869]]
(A) 2023--31,427 lb (14,255 kg).
(B) 2024--31,852 lb (14,448 kg).
(C) 2025 and subsequent fishing years--32,277 lb (14,641 kg).
* * * * *
0
4. In Sec. 622.193, revise paragraph (b) to read as follows:
Sec. 622.193 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(b) Snowy grouper--(1) Commercial sector. (i) If commercial
landings of snowy grouper, as estimated by the SRD, reach or are
projected to reach the commercial ACL that is equal to the commercial
quota specified in Sec. 622.190(a)(1), the AA will file a notification
with the Office of the Federal Register to close the commercial sector
for the remainder of the fishing year. Applicable restrictions after a
commercial quota closure are specified in Sec. 622.190(c).
(ii) If commercial landings of snowy grouper, as estimated by the
SRD, exceed the commercial ACL, and the combined commercial and
recreational ACL specified in paragraph (b)(3) of this section is
exceeded, and snowy grouper are overfished based on the most recent
Status of U.S. Fisheries Report to Congress, the AA will file a
notification with the Office of the Federal Register to reduce the
commercial ACL for that following fishing year by the amount of the
commercial ACL overage in the prior fishing year.
(2) Recreational sector. (i) The recreational ACL for snowy grouper
is 1,668 fish for 2023; 1,691 fish for 2024; and 1,713 fish for 2025
and subsequent fishing years.
(ii) If recreational landings for snowy grouper exceed the
recreational ACL specified in paragraph (b)(2)(i) of this section, then
during the following fishing year NMFS will reduce the length of the
recreational fishing season by the amount necessary to prevent
recreational landings from exceeding the recreational ACL in the
following fishing year. 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 for snowy
grouper is closed as a result of NMFS reducing the length of the
recreational fishing season, the bag and possession limits for snowy
grouper harvested in or from the South Atlantic EEZ are zero.
(3) Total ACL. The combined commercial and recreational ACL for
snowy grouper in gutted weight is 119,654 lb (54,274 kg) for 2023;
121,272 lb (55,008 kg) for 2024; and 122,889 lb (55,741 kg) for 2025
and subsequent fishing years.
* * * * *
[FR Doc. 2023-26351 Filed 11-30-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on December 1, 2023.
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.