Rule2023-28906
Snapper-Grouper Fishery of the South Atlantic Region; Golden Crab Fishery of the South Atlantic Region; Dolphin and Wahoo Fishery of the Atlantic; Acceptable Biological Catch Control Rules
Primary source
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Published
January 3, 2024
Effective
February 2, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues regulations to implement amendments to the Fishery Management Plans (FMPs) for the Snapper-Grouper Fishery, the Golden Crab Fishery, and the Dolphin and Wahoo Fishery, referenced here as the Acceptable Biological Catch (ABC) Control Rule Amendments. This final rule modifies the ABC control rules, allows the phase-in of subsequent ABC changes, allows some carry-over of an unharvested portion of the annual catch limit (ACL) to the following fishing year, and modifies the FMP framework procedures to implement carry-overs of ACLs when appropriate. NMFS also implements an administrative clarification to existing regulations for the Snapper-Grouper FMP framework procedure. The purpose of this final rule is to ensure catch level recommendations are based on the best scientific information available, prevent overfishing while achieving optimum yield, and increase flexibility in setting catch limits.
Full Text
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[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Rules and Regulations]
[Pages 271-276]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28906]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 231222-0315]
RIN 0648-BL98
Snapper-Grouper Fishery of the South Atlantic Region; Golden Crab
Fishery of the South Atlantic Region; Dolphin and Wahoo Fishery of the
Atlantic; Acceptable Biological Catch Control Rules
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues regulations to implement amendments to the Fishery
Management Plans (FMPs) for the Snapper-Grouper Fishery, the Golden
Crab Fishery, and the Dolphin and Wahoo Fishery, referenced here as the
Acceptable Biological Catch (ABC) Control Rule Amendments. This final
rule modifies the ABC control rules, allows the phase-in of subsequent
ABC changes, allows some carry-over of an unharvested portion of the
annual catch limit (ACL) to the following fishing year, and modifies
the FMP framework procedures to implement carry-overs of ACLs when
appropriate. NMFS also implements an administrative clarification to
existing regulations for the Snapper-Grouper FMP framework procedure.
The purpose of this final rule is to ensure catch level recommendations
are based on the best scientific information available, prevent
overfishing while achieving optimum yield, and increase flexibility in
setting catch limits.
DATES: This final rule is effective February 2, 2024.
ADDRESSES: An electronic copy of the ABC Control Rule Amendments, which
includes an environmental assessment, a fishery impact statement, and a
regulatory impact review, may be obtained from the NMFS Southeast
Regional Office website at <a href="https://www.fisheries.noaa.gov/action/comprehensive-acceptable-biological-catch-abc-control-rule-amendment-revisions-abc-control">https://www.fisheries.noaa.gov/action/comprehensive-acceptable-biological-catch-abc-control-rule-amendment-revisions-abc-control</a>.
FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305,
or email: <a href="/cdn-cgi/l/email-protection#d3bdbab8bbbabffdbeb6bba7b293bdbcb2b2fdb4bca5"><span class="__cf_email__" data-cfemail="95fbfcfefdfcf9bbf8f0fde1f4d5fbfaf4f4bbf2fae3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The South Atlantic snapper-grouper and
golden crab fisheries are managed under the Snapper-Grouper FMP and
Golden Crab FMP, respectively. The dolphin and wahoo fishery of the
Atlantic is managed under the Dolphin and Wahoo FMP. These 3 FMPs were
prepared by the South Atlantic Fishery Management Council (Council) and
are 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). The Council has developed, and
NMFS has approved, the Comprehensive Acceptable Biological Catch
Control Rule Amendment: Revisions to the Acceptable Biological Catch
Control Rules and Specifications for Carry-Overs and Phase-Ins. The
Council document is composed of Amendment 45 to the Snapper-Grouper
FMP, Amendment 11 to the Golden Crab FMP, and Amendment 11 to the
Dolphin and Wahoo FMP.
Background
The Magnuson-Stevens Act requires that NMFS and the regional
fishery management councils prevent overfishing and achieve, on a
continuing basis, the optimum yield from federally managed fish stocks.
These mandates are intended to ensure
[[Page 272]]
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. The
Council and NMFS manage snapper-grouper species and golden crab in
Federal waters from North Carolina south to the Florida Keys. The
Council and NMFS manage the dolphin and wahoo fishery in Federal waters
from Maine south to the Florida Keys.
The Magnuson-Stevens Act requires the Secretary to approve,
disapprove, or partially approve fishery management plan amendments and
issue regulations necessary to implement them (16 U.S.C. 1854(a)). On
September 11, 2023, NMFS published a notice of availability for the ABC
Control Rule Amendments and requested public comment (88 FR 62309). On
October 2, 2023, NMFS published a proposed rule for the ABC Control
Rule Amendments and requested public comment (88 FR 67721). NMFS
approved the ABC Control Rule Amendments on December 8, 2023. The
proposed rule and the ABC Control Rule Amendments detail the rationale
for the actions contained in this final rule and is not all repeated
here. This final rule (1) provides notice of approval of the ABC
Control Rule Amendments and (2) makes minor changes to regulatory text
to implement those amendments to the FMPs. A summary of the management
measures described in the ABC Control Rule Amendments and implemented
by this final rule is provided below.
The Council's Scientific and Statistical Committee (SSC) will use
the ABC control rules described in the ABC Control Rule Amendments and
implemented by this final rule to recommend future ABC levels to the
Council. The ABC control rules use uncertainty and risk ranking traits
to determine the acceptable risk of overfishing. The ABC control rule
is the method by which the ABC for a stock is set, ideally based on an
overfishing limit (OFL) from a stock assessment but at times
established using more data-limited methodologies. The acceptable risk
of overfishing is denoted as P-Star (P*) and is applied through stock
assessment projections to develop the SSC's ABC recommendation to the
Council.
In October 2016, NMFS published a final rule to revise the
guidelines for National Standard 1 (NS1) of the Magnuson-Stevens Act
(81 FR 71858, October 18, 2016). NS1 states that fishery conservation
and management measures shall prevent overfishing while achieving, on a
continuing basis, the optimum yield from each fishery for the United
States fishing industry. One of the objectives of the 2016 NS1
revisions was to provide additional flexibility within current
statutory limits to address fishery management issues. For example, the
revised NS1 guidelines allow for changes in catch limits to be phased
in over time. A similar ``phase-in'' provision is included in the ABC
Control Rule Amendments and this final rule. The revised guidelines
also allow for some of the unused portion of an ACL to be carried over
from a single fishing year to the next, which is also described as
``carry-over'' in this final rule.
The ABC Control Rule Amendments incorporate carry-over and phase-in
provisions by modifying the existing ABC control rules for the Snapper-
Grouper, Golden Crab, and Dolphin and Wahoo FMPs by clarifying the
incorporation of scientific uncertainty and management risk, modifying
the approach used to determine the acceptable risk of overfishing, and
prioritizing the use of stock rebuilding plans for overfished stocks.
Management Measure Contained in This Final Rule
Modify Framework Procedures
The ABC Control Rule Amendments and this final rule will modify the
framework procedures in the Snapper-Grouper, Golden Crab, and Dolphin
and Wahoo FMPs to allow for the future transfer, if pre-qualifying
criteria are met, of an unharvested portion of a stock, total, or
sector-specific ACL to the following fishing year (details are
described in the Allow Carry-Over of Unharvested Portion of ACLs
section of this final rule).
The revised FMP framework procedures implemented by this final rule
will allow for the potential carry-over of an ACL in future management
actions. Before NMFS can implement an ACL carry-over, other preceding
steps by the Council, SSC, and NMFS must occur.
First, a future stock assessment must be conducted to determine if
a species is eligible for carry-over and specify the appropriate catch
level based on the criteria contained in the applicable ABC control
rule. Then, the SSC would determine and recommend an ABC to the Council
and the Council would develop an FMP amendment or framework action for
the species that includes the option of ACL carry-over. If the related
rulemaking was implemented by NMFS, then that species would be eligible
for future carry-over through a subsequent action under the abbreviated
framework procedures described in this final rule. To support potential
carry-over justification, a Term of Reference will be added to each
future stock assessment to project the maximum amount of landings
beyond the ABC that could be carried over in 1 year while not resulting
in overfishing or the stock becoming overfished within the projection
period.
When the Council develops a subsequent fishery management action in
response to a stock assessment to specify or revise an ABC and ACL for
a stock or sector, the Council will determine whether carry-over will
be authorized if annual conditions cause a stock ACL or sector ACL to
qualify for carry-over. In doing so, the Council will consider the
potential need for, and benefits of, carry-over for a stock that could
become eligible according to criteria specified in the ABC control
rule. The Council will also consider the duration of time when the
specified ABC and ACL are effective. An FMP amendment or framework
action that specifies carry-over for a stock or sector will include
analysis of the relevant biological, economic, and social information
necessary to meet the criteria and guidance of the ABC control rule.
Following the conclusion of each fishing year, Council staff will
notify the Council if any stocks and sectors for which carry-over is
approved qualify based on the previous year's landings, including
preliminary landings estimates from the previous year if those landings
data are not yet finalized. If a stock or sector qualifies for carry-
over according to specifications of the ABC recommended by the SSC and
annual landings meet criteria specified in the ABC control rule, NMFS
will implement carry-over of eligible landings from the previous year
via a temporary rule published in the Federal Register through the
existing FMP framework procedure and rulemaking process.
The ACL carry-over procedure for eligible fish stocks or fishery
sectors generally will not require additional advisory panel (AP) input
or SSC recommendation, because input relevant to an ABC being approved
with potential for ACL carry-over will be part of the prior development
process for the FMP amendment or framework in which the ABC and ACL for
a stock or sector are already specified. Application of the carry-over
procedure is expected to be routine and formulaic.
The NMFS Regional Administrator (RA) will review any Council
recommendations for carry-over and supporting information. If the RA
[[Page 273]]
concurs that the Council's recommendations are consistent with the
objectives of the applicable FMP, the Magnuson-Stevens Act, and all
other applicable law, the RA will be authorized to implement the
Council's proposed action through publication of appropriate
notification in the Federal Register.
If the Council chooses to deviate from the criteria and guidance of
the ABC control rules, this abbreviated process will not apply.
Further details of the process can be found in section 2.4.1 and
Appendix J of the ABC Control Rule Amendments. An example of the carry-
over can be found in Appendix H of the ABC Control Rule Amendments.
The new process will allow ACL carry-overs to occur in a more
timely manner than that of an FMP amendment or framework action. A
faster process is necessary due to the year-to-year nature of carry-
overs. Under-harvest of an ACL may only be carried over in the
immediate next year. Therefore, defining a stock's eligibility and the
amount of ACL being carried over must occur quickly enough such that
the fishery has time to harvest the carried over amount within the
fishing year following a year of under-harvest. The process also
provides the Council discretion in determining whether carry-over
should be applied to a potentially eligible stock when setting the ABC
and ACL.
It is important to note that this final rule will not change
current ABCs or ACLs for any species managed under the FMPs affected by
the ABC Control Rule Amendments. This rule makes no other substantive
changes to the current framework procedures in the Snapper-Grouper,
Golden Crab, and Dolphin and Wahoo FMPs.
Management Measures in the ABC Control Rule Amendments Not Codified by
This Final Rule
In addition to the regulatory language within this final rule, the
ABC Control Rule Amendments contain more specific provisions that
modify the ABC control rules, allow the phasing in of ABC changes, and
allow carry-over of unharvested portion of the ACL, for Snapper-
Grouper, Golden Crab, and Dolphin and Wahoo FMPs.
Modify the ABC Control Rules
The ABC Control Rule Amendments will modify the ABC control rules
for the Snapper-Grouper, Golden Crab, and Dolphin and Wahoo FMPs by
categorizing stocks based on the available information, scientific
uncertainty evaluation, and incorporation of the Council's risk
tolerance policy through an accepted P*. The Council will specify the
P* based on relative stock biomass and a stock risk rating. When
possible, the SSC will determine the OFL and characterize its
uncertainty based primarily on the stock assessment and secondarily on
the SSC's expert opinion. The SSC will then use the OFL and its
uncertainty to derive and recommend the ABC to the Council, based on
the risk tolerance specified by the Council. The detailed step-by-step
procedure detailing how the ABC is derived for assessed stocks can be
found in section 2.1.1 of the ABC Control Rule Amendments. ABC for
unassessed stocks will be recommended by the SSC based on applicable
data-limited methods. Unassessed stocks will be assigned the moderate
biomass level unless there is a recommendation from the SSC that
justifies assignment of a different level. For overfished stocks, the
Council will specify a stock rebuilding plan, considering
recommendations from the SSC and the AP of the respective FMP. The ABC
enacted while the rebuilding plan is in effect will be based on
recommendations from the Council's SSC. The probability of success for
rebuilding plans (1 minus P*) will be at least 50 percent. Control rule
categories for assessments are described in detail in Table 2.1.1.2 of
the ABC Control Rule Amendments.
In summary, four categories in the revised ABC control rules will
facilitate an ABC determination based on scientific uncertainty and SSC
guidance. The Council, with advice from the SSC and AP, will evaluate
management risk for each stock through a stock risk rating. Stock risk
ratings include information already used in the productivity and
susceptibility analysis (PSA), but also incorporate socio-economic (for
example, potential for discard losses, annual commercial value,
recreational desirability, etc.) and environmental attributes (for
example, climate change) (see Appendix E of the ABC Control Rule
Amendments for more details). These recommendations will be revisited
when new information becomes available (for example, a new stock
assessment). The Council will then specify the risk rating as low,
medium, or high risk of overfishing. A higher risk of overfishing will
indicate that risk tolerance (i.e., the accepted probability of
overfishing) should be lower. These stock risk ratings, along with
relative biomass levels, will be used to determine the Council's
default risk tolerance for each stock. Default P* values based on
relative biomass and stock risk rating are shown in Table 2.1.1.3 of
the ABC Control Rule Amendments. As an example, a stock with high
biomass and medium stock risk rating will have a P* of 45 percent. This
will be lower than the OFL, in accordance with Magnuson-Stevens Act.
The SSC can recommend the Council reconsider the stock risk rating.
This could happen, for example, with the emergence of new scientific
studies or new information discovered through a stock assessment.
The modified ABC control rules will also allow the Council to
deviate, to a greater or lesser amount, from the default accepted
probability of overfishing by up to 10 percent for an individual stock,
based on its expert judgment, new information, or recommendations by
the SSC or other expert advisors. Accepted probability of overfishing
may not exceed 50 percent. Using a 50 percent probability of
overfishing implies negligible scientific uncertainty and sets OFL
equal to ABC. At P* equals 0.50, removals above ABC caused by
deviations in biological parameters (for example, natural mortality
(M), recruitment) could cause an overfishing determination and delay
rebuilding plans. Therefore, adjusting P* above the value recommended
by the SSC will be infrequent and well justified based on new
scientific understanding and the Council's risk tolerance.
Additionally, when requested by the Council, the SSC will recommend the
ABC for up to 5 years as both a constant value across years and as
individual annual values for the same period of years. These options
provide more flexibility to both the Council and SSC in the ABC
determination.
The ABC Control Rule Amendments does not change the current ABC
levels for any species managed under the Snapper-Grouper, Golden Crab,
and Dolphin and Wahoo FMPs. Modifying the ABC control rules as
specified will give the SSC the ability to recommend adjusting or
deriving uncertainty of future assessment results (ultimately impacting
projections of future catch) if they determine uncertainty is not
adequately estimated through information used in the assessment.
Evaluation of risk tolerance will also be improved by considering
factors beyond the current PSA and expanding the range of reference
points used to describe and incorporate relative biomass. For
unassessed stocks, the modifications will expand the number of methods
that could be considered for estimating OFL and ABC. The addition of
economic factors in the ABC control
[[Page 274]]
rules will allow the Council to better consider the long-term economic
implications when examining management risk, which could lead to better
economic outcomes and increase net economic benefits in a fishery for a
given species. The inclusion of social factors in the ABC control rules
will allow the Council to directly consider the importance of a given
species to fishing communities and businesses when determining risk
tolerance and will have long-term social benefits in the form of a more
appropriate ABC.
Allow the Phase-In of ABC Changes
Currently, the phase-in of ABC changes is not allowed in the
Snapper-Grouper, Golden Crab, and Dolphin and Wahoo FMPs. The ABC
Control Rule Amendments will establish criteria specifying when the
phase-in of ABC changes will be allowed and specify the approach for
the phase-in of ABC changes.
The ABC Control Rule Amendments will allow the phase-in of
increases to ABC as specified by the Council, with advice from the SSC
and AP. Increases to ABC (assuming the presence of comparable data
between assessments) are generally indicative of an increase in
relative biomass and improving stock condition. The revised approach in
the ABC Control Rule Amendments allows greater consideration of
ecological, social, and economic effects of an increased ABC, and
increased flexibility in how that change can be implemented. Because
ABCs during an increasing phase-in will be less than those initially
recommended by the SSC, the phase-in period is not limited (i.e., it
can exceed the maximum timeframe specified for the phase-in decreases).
The Council may specify ABC to be less than the SSC's recommended ABC,
but it may not exceed the SSC's recommendation. Phasing in an ABC
increase will set ABC below the SSC's recommendation. If the phase-in
is included in projections used to develop the SSC's ABC
recommendation, there also may be an increase to the recommended long-
term ABC (i.e., the ABC that persists after the phase-in is complete).
Thus, phasing in increases to ABC over a longer time period could
result in a greater increase to long-term ABC, and phasing in increases
over a shorter period could result in a smaller increase to long-term
ABC.
The ABC Control Rule Amendments will allow the phase-in of
decreases to ABC when a new ABC is less than 80 percent of the existing
ABC, and over a period not to exceed 3 years, which is the maximum
phase-in period allowed by the NS1 guidelines. The criterion requiring
a minimum threshold of difference between the current and new ABCs to
be 20 percent defines a significant enough change to merit phasing in
the change and is more flexible than other minimum threshold levels
considered in the ABC Control Rule Amendments. The Council will
consider whether to apply a phase-in on a case-by-case basis when
specifying a stock ABC through an FMP amendment after a new ABC has
been recommended by the SSC. A longer phase-in period provides more
flexibility and allows a more gradual change from the existing ABC to
the new ABC.
The phase-in of the ABC is an option the Council can consider to
address the social and economic effects from management changes.
Adopting this flexibility does not require the Council to phase in all
ABC changes, nor does adopting one approach for one stock prevent the
Council from choosing a more restrictive schedule of ABC phase-ins
(less than 3 years) for a different stock. When considering whether to
phase in an ABC change, the Council will compare the risk to the stock
against the expected social and economic benefits of the alternative
ABC. Management strategy evaluations may be used to quantify such
trade-offs. The Council will be able to consult with its scientific and
fishery advisors to help develop a rationale and implementation plan
for phase-ins. The phase-in of ABC changes is consistent with the NMFS
2020 guidance and incorporates flexibility as per the revised NS1
guidelines into the FMPs for Snapper-Grouper, Golden Crab, and Dolphin
and Wahoo.
Allow Carry-Over of Unharvested Portion of ACLs
Currently, carry-over of unharvested portion of ACLs is not allowed
in the Snapper-Grouper, Golden Crab, and Dolphin and Wahoo FMPs. The
ABC Control Rule Amendments will establish criteria specifying
circumstances when an unharvested portion of the originally specified
sector ACL can be carried over from a single fishing year to increase
the available harvest in the immediate next year. Carry-overs may not
be delayed, and only amounts from the originally specified sector ACL
may be carried over. Carry-over of the unharvested portion of a sector
ACL will be allowed if:
(1) The stock status is known;
(2) The stock is neither overfished nor experiencing overfishing;
(3) An overfishing limit for the stock is defined;
(4) ABC decreases are not being phased-in;
(5) There are measures that restrict annual landings to the ACL;
and
(6) The post-season AM that reduces the ACL in the following year
according to any landings overages is in place for that stock and
sector.
The ABC Control Rule Amendments also specify limits on how much of
the unharvested portion of a sector ACL may be carried over from a
single fishing year to increase the sector ACL in the next year. The
ABC and the total ACL may be temporarily increased to allow this carry-
over. The temporary ABC may not exceed the OFL. The revised total ACL
may not exceed the temporary ABC or the total ACL plus the carried over
amount, whichever is less. If a stock experiences overfishing, either
as the result of a stock assessment or as determined by NMFS' annual
evaluation of landings, that stock will no longer qualify for carry-
over. Additional conditions to annually qualify for carry-over can be
added on a stock-by-stock basis. For example, to prevent overharvest of
other species commonly caught with the target species (referred to as
co-caught species) during years with a carried-over ACL, a future FMP
amendment specifying an ABC and ACL with carry-over could additionally
require that the previous year's harvest for co-caught species also be
less than or equal to the ACL for carry-over to occur. When applicable,
the Council will specify whether fisheries that have split seasons or
sub-sector allocations (such as gear allocations) should be eligible
for inter-annual carry-over on a case-by-case basis.
Carry-overs will also be sector-specific. The Snapper-Grouper and
Dolphin and Wahoo FMPs have both commercial and recreational sectors
whereas the Golden Crab FMP includes only a commercial sector. Thus, if
only one sector is carrying over unused ACL, the carried-over amount
will be allocated only to that sector, subject to limitations defined
above. If more than one sector is carrying over unused ACL in the same
year, each sector carry-over amount will be completely allocated to the
sector from which it was derived, unless the sum of all carry-over
amounts plus the specified total ACL is greater than the OFL. In this
case, the difference between the temporary revised ABC and the
specified total ACL will be allocated using sector allocation
percentages specified by the FMP. A revised sector ACL and revised ABC
will remain in place for a single fishing year. Following a year that
included carry-over, evaluations of carry-over amounts for
[[Page 275]]
future years will be based on the ABC and sector ACLs specified by the
FMP rather than on the temporarily revised values.
The carry-over criteria and conditions contained in the ABC Control
Rule Amendments are consistent with the NMFS 2020 guidance. The carry-
over criteria and conditions will also make carry-over applicable to
only a few stocks managed by the Council under the Snapper-Grouper FMP
at the time this action was developed. However, allowing carry-over
does fulfill Federal guidance on carry-overs that requires allowance of
this management tool to be included in an FMP, and provide additional
management flexibility to better enable harvest of the optimum yield
from a healthy stock.
Changes to Codified Text Not in the ABC Control Rule Amendments
In this final rule, NMFS clarifies existing regulations in 50 CFR
622.194(a) about the scope of allowable management changes using the
framework procedure in the Snapper-Grouper FMP. Specifically, NMFS
clarifies the allowable changes via framework to essential fish habitat
(EFH), EFH habitat areas of particular concern (HAPCs), and coral
HAPCs.
In 2000, NMFS implemented two final rules that updated the Snapper-
Grouper FMP framework procedures to include EFH, EFH HAPCs, and coral
HAPCs that enabled more timely implementation of subsequent management
measures than is possible via an FMP amendment (65 FR 37292, June 14,
2000; 65 FR 51248, August 23, 2000). Since NMFS implemented those final
rules, NMFS has made no other changes to the framework procedure for
EFH, EFH HAPCs, and coral HAPCs. Those regulations implemented Council
recommendations to allow for the establishment of or modifications to
EFH HAPCs or coral HAPCs via framework procedure. However, the rules
are overly general and reference both ``definitions of EFH'' and
``EFH,'' which could be interpreted as duplicative.
In this final rule, NMFS clarifies the regulations by more clearly
describing the existing parameters for EFH, EFH HAPCs, and coral HAPCs
that can be changed via framework action. Accordingly, NMFS revises
Sec. 622.194(a) without changing the Council's original management
recommendations.
Comments and Reponses
NMFS received four comments from individuals during the public
comment period on the notice of availability and proposed rule for the
ABC Control Rule Amendments. NMFS acknowledges the comment in favor of
the actions in the ABC Control Rule Amendments and proposed rule and
agrees that the actions will aid in ensuring sustainable fish
populations. NMFS received two comments regarding the development of
offshore wind infrastructure that were outside the scope of the ABC
Control Rule Amendments and the proposed rule and are not responded to
in this final rule. One commenter wanted more clarification and made
comments for the actions contained in the ABC Control Rule Amendments
and the proposed rule, and those comments are summarized below, along
with NMFS' responses. The same commenter also expressed an opinion as
to how to improve the organization of the discussion presented in
Federal Register, to which no response is provided. No changes were
made to this final rule as a result of public comment.
Comment 1: Why do changes need to be made to the current framework
procedures for the three FMPs regarding biomass levels, age-structure
analyses, maximum sustainable yield, etc.?
Response: This final rule will allow for the carry-over of future
ACLs and in a more timely manner and is the only substantive change to
the framework procedures for the three FMPs within the scope of this
rule. This final rule also clarifies current regulations in 50 CFR
622.194(a) about the scope of allowable management changes using the
framework procedure in the Snapper-Grouper FMP as described earlier.
This final rule will not change any other regulatory provisions
currently included in the framework procedures for the Snapper-Grouper,
Golden Crab, or Dolphin and Wahoo FMPs.
Comment 2: Biological, social, and economic data from all sectors
and the analyses are necessary to help guide changes to an ABC and ACL.
It would be wise if the Council completed these analyses each year to
track the changes in fish, which may be applied to future conservation
projects as needed.
Response: NMFS agrees. NMFS and the Council already have an
extensive process in place to gather biological, social, and economic
data from all sectors, and analyze the effects on any action to change
an ABC or ACL. This is done via the amendments to an existing FMP, in
consultation with the Council's AP, SSC, NMFS' Southeast Fisheries
Science Center, and the public through scoping meetings, public
hearings, and public comment opportunities at Council meetings. NMFS
reviews and approves the FMP amendments and implements necessary
regulations only after ensuring the actions are consistent with the
Magnuson-Stevens Act and its National Standards, and all other
applicable laws. NMFS and the Council track landings weekly for the
commercial sector and recreational charter vessels and headboats, and
every 2 months for the private recreational component, and conduct
analyses as necessary. Fishery performance reports are published by the
Council after getting extensive feedback from its APs for each FMP,
investigating life-history parameters, and landings reports from
fishery dependent and independent sources. NMFS and the Council
evaluate trends and consider possible changes to the ABC and ACL
through amendments to an FMP.
Comment 3: What are the qualifications for including unassessed
species in levels 2 through 5? Additionally, would it be possible for
the five-star restoration system to be implemented here?
Response: The current ABC control rules contain five levels of
conditions, decisions, and processes, involved to set an ABC (see Table
2.1.1.1 in the Comprehensive ABC Control Rule Amendments). Level 1 is
for species that have stock assessments (assessed species). Levels 2
through 5 apply to species without a stock assessment (unassessed
species), with each level corresponding to a specific data-limited
method used to calculate the ABC. Typically, the SSC proceeded
sequentially through the levels adopting the first level that was
adequate for deriving an ABC for the unassessed stock at issue. This
final rule will implement revised ABC control rules by removing levels
1 through 5, and establishing four categories to set an ABC (see Table
2.1.1.2 and Section 2.1.1 in the Comprehensive ABC Control Rule
Amendments for more details).
NMFS is unclear what the commenter meant by ``the five-star
restoration system'' and, therefore, cannot provide a response.
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 the ABC Control Rule Amendments, the Snapper-Grouper,
Golden Crab, and Dolphin and Wahoo FMPs, 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.
The Magnuson-Stevens Act provides the legal basis for this final
rule. No
[[Page 276]]
duplicative, overlapping, or conflicting Federal rules have been
identified. A description of this final rule, why it is being
considered, and the purpose of this final rule is contained in the
SUMMARY and SUPPLEMENTARY INFORMATION sections of the preamble. The
objectives of this final rule are to ensure catch level recommendations
are based on the best scientific information available, prevent
overfishing while achieving optimum yield, and include flexibility in
setting catch limits as allowed by the Magnuson-Stevens Act and in
accordance with NMFS' guidance on carry-over and phase-in provisions.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) during the proposed rule stage that this rule
would not have a significant economic impact on a substantial number of
small entities. The factual basis for the certification was published
in the proposed rule and is not repeated here. NMFS did not receive any
comments from SBA's Office of Advocacy or the public regarding the
certification in the proposed rule. No changes to this final rule were
made in response to public comments. As a result, a final regulatory
flexibility analysis was not required and none was prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, South Atlantic, Atlantic.
Dated: December 28, 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. 622.194, revise paragraph (a) to read as follows:
Sec. 622.194 Adjustment of management measures.
* * * * *
(a) Biomass levels, age-structured analyses, target dates for
rebuilding overfished species, maximum sustainable yield (or its
proxy), optimum yield, acceptable biological catch, total allowable
catch, quotas (including a quota of zero), annual catch limits, annual
catch targets, accountability measures, maximum fishing mortality
threshold, minimum stock size threshold, trip limits, bag limits, size
limits, gear restrictions (ranging from regulation to complete
prohibition), seasonal or area closures, fishing year, rebuilding
plans, definitions of essential fish habitat (EFH), establishment of or
modifications to EFH habitat areas of particular concern (HAPCs) or
coral HAPCs, restrictions on gear and fishing activities applicable in
EFH and EFH HAPCs, establish or modify spawning SMZs, and allow
transfer of the unharvested total or sector ACL to the following
fishing year.
* * * * *
0
3. In Sec. 622.252, revise paragraph (a) to read as follows:
Sec. 622.252 Adjustment of management measures.
* * * * *
(a) Biomass levels, age-structured analyses, maximum sustainable
yield, acceptable biological catch, total allowable catch, quotas
(including quotas equal to zero), trip limits, minimum sizes, gear
regulations and restrictions, permit requirements, seasonal or area
closures, sub-zones and their management measures, time frame for
recovery of golden crab if overfished, fishing year (adjustment not to
exceed 2 months), observer requirements, authority for the Regional
Administrator to close the fishery when a quota is reached or is
projected to be reached, definitions of essential fish habitat (EFH),
EFH habitat areas of particular concern (HAPCs), or coral HAPCs, and
allow transfer of the unharvested ACL to the following fishing year.
* * * * *
0
4. In Sec. 622.281, revise paragraph (a) to read as follows:
Sec. 622.281 Adjustment of management measures.
* * * * *
(a) Biomass levels, age-structured analyses, maximum sustainable
yield, optimum yield, overfishing limit, total allowable catch,
acceptable biological catch (ABC), ABC control rule, annual catch
limits, annual catch targets, accountability measures, trip limits,
minimum sizes, gear regulations and restrictions, permit requirements,
seasonal or area closures, sub-zones and their management measures,
overfishing definitions and other status determination criteria, time
frame for recovery of Atlantic dolphin or wahoo if overfished, fishing
year (adjustment not to exceed 2 months), authority for the Regional
Administrator to close a fishery when a quota is reached or is
projected to be reached or reopen a fishery when additional quota
becomes available, definitions of essential fish habitat (EFH), EFH
habitat areas of particular concern (HAPCs), or coral HAPCs, and allow
transfer of the unharvested total or sector ACL to the following
fishing year.
* * * * *
[FR Doc. 2023-28906 Filed 1-2-24; 8:45 am]
BILLING CODE 3510-22-P
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