Rule2024-15873
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack and Red Snapper Management Measures
Primary source
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Published
July 22, 2024
Effective
August 21, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues regulations to implement management measures described in a framework action under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery Management Council (Council). This final rule modifies the Gulf of Mexico (Gulf) greater amberjack commercial trip limit and the recreational fixed closed season. Additionally, this final rule clarifies the Gulf red snapper charter vessel/headboat (for-hire) component quota and annual catch target (ACT) regulations. The purposes of this final rule are to extend the commercial and recreational fishing seasons for Gulf greater amberjack while continuing to prevent overfishing and rebuild the stock; and clarify that a person on a vessel issued a Gulf for-hire permit at any time during the fishing year can only harvest red snapper if the vessel is operating as a for- hire vessel.
Full Text
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<title>Federal Register, Volume 89 Issue 140 (Monday, July 22, 2024)</title>
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[Federal Register Volume 89, Number 140 (Monday, July 22, 2024)]
[Rules and Regulations]
[Pages 59003-59009]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15873]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 240715-0194]
RIN 0648-BM82
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack and Red
Snapper Management Measures
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 management measures
described in a framework action under the Fishery Management Plan for
the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the
Gulf of Mexico Fishery Management Council (Council). This final rule
modifies the Gulf of Mexico (Gulf) greater amberjack commercial trip
limit and the
[[Page 59004]]
recreational fixed closed season. Additionally, this final rule
clarifies the Gulf red snapper charter vessel/headboat (for-hire)
component quota and annual catch target (ACT) regulations. The purposes
of this final rule are to extend the commercial and recreational
fishing seasons for Gulf greater amberjack while continuing to prevent
overfishing and rebuild the stock; and clarify that a person on a
vessel issued a Gulf for-hire permit at any time during the fishing
year can only harvest red snapper if the vessel is operating as a for-
hire vessel.
DATES: This final rule is effective August 21, 2024, except for
amendatory instruction 2 (revising Sec. 622.34(c)), which is effective
August 1, 2024.
ADDRESSES: Electronic copies of the framework action, which includes an
environmental assessment, a fishery impact statement, an Initial
Regulatory Flexibility analysis (IRFA), and a regulatory impact review,
may be obtained from the Southeast Regional Office website at <a href="https://www.fisheries.noaa.gov/action/framework-action-modify-greater-amberjack-recreational-fixed-closed-season-and-commercial">https://www.fisheries.noaa.gov/action/framework-action-modify-greater-amberjack-recreational-fixed-closed-season-and-commercial</a>.
FOR FURTHER INFORMATION CONTACT: Dan Luers, telephone: 727-824-5305, or
email: <a href="/cdn-cgi/l/email-protection#0a6e6b64636f6624667f6f78794a64656b6b246d657c"><span class="__cf_email__" data-cfemail="bedadfd0d7dbd290d2cbdbcccdfed0d1dfdf90d9d1c8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes
greater amberjack, is managed under the FMP. The FMP was prepared by
the Council, approved by the Secretary of Commerce, 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 NMFS and the regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the optimum yield (OY) from federally managed fish stocks. These
mandates are intended to ensure fishery resources are managed for the
greatest overall benefit to the Nation, particularly with respect to
providing food production and recreational opportunities, and to
protect marine ecosystems.
On May 15, 2024, NMFS published a proposed rule for the framework
action and requested public comment (89 FR 42413).
The greater amberjack stock in the Gulf has been overfished since
2001. To help rebuild the stock, NMFS has implemented several
modifications to the rebuilding plan, including changes to the
commercial and recreational catch levels, and changes to management
measures intended to constrain harvest and extend the commercial and
recreational seasons. NMFS recently implemented Amendment 54 to the
FMP, which modified the Gulf greater amberjack rebuilding time period
and substantially reduced the sector-specific annual catch limits
(ACLs) and ACTs (88 FR 39193, June 15, 2023). Implementation of that
final rule and Amendment 54 is expected to result in the stock
rebuilding by 2027.
In the Gulf, greater amberjack is not a common target species for
the reef fish commercial sector, with the majority of trips landing
less than 500 lb (227 kg), gutted weight (520 lb (236 kg), round
weight) of the species. As described at 50 CFR 622.41(a)(1), when
commercial landings for greater amberjack reach or are projected to
reach the commercial ACT, which is codified as the commercial quota,
NMFS closes the commercial sector for the remainder of the fishing
year. Any overage of the commercial ACL results in both a reduction of
the commercial ACT and the commercial ACL in the following fishing year
by the amount of the commercial ACL overage.
In 2020, NMFS implemented a framework action that set the current
Gulf greater amberjack commercial trip limit to 1,000 lb (454 kg),
gutted weight (1,040 lb (472 kg), round weight) (85 FR 20611, April 14,
2020). That framework action and final rule also included a reduction
in the trip limit to 250 lb (113 kg), gutted weight (260 lb (118 kg),
round weight) when 75 percent of the commercial quota was reached. As
described in the current framework action, under the current trip
limit, the trip limit reduction was projected to occur in February with
a season closure occurring in June.
In the current framework action, the Council is recommending that
NMFS further reduce the commercial trip limit due to the substantial
catch limit reductions implemented by Amendment 54 to lengthen the
commercial fishing season. The framework action would reduce the
commercial trip limit for Gulf greater amberjack to seven fish, which
is approximately equal to 210 lb (95 kg), gutted weight (218 lb (99
kg), round weight). This reduction in the trip limit is expected to
extend the commercial season until September unless an overage of the
commercial ACL occurs in the prior fishing year, which then would
require a reduction in the commercial ACL and ACT and result in a
reduction in the season length. NMFS notes that in the 2023 fishing
year, the commercial ACL was exceeded by 35,280 lb (16,003 kg), round
weight, resulting in a reduction of the commercial ACL and ACT for the
2024 fishing year (see 88 FR 80995, November 21, 2023). For the 2024
fishing year, NMFS projected that the adjusted commercial ACT would be
met on June 30, 2024, and so NMFS prohibited the commercial harvest and
possession of Gulf greater amberjack on June 30, 2024 (89 FR 50529,
June 14, 2024).
As described in the framework action, this reduction of the trip
limit to seven fish is expected to eliminate the remaining direct
commercial harvest trips for greater amberjack. The Council recognized
that the greater amberjack stock is overfished and has not rebuilt as
expected. Thus, the Council determined that a more cautious approach
was warranted and chose to recommend reducing the commercial trip
limit.
At its October 2023 meeting, the Council discussed the impact of
the required reduction to the 2024 commercial catch limits as a result
of landings exceeding the ACL in 2023. The Council expressed concern
about constraining landings to the reduced catch limits under the
current trip limit when the commercial season opened in January 2024,
which could have potentially resulted in another commercial overage in
2024 and further reduced the catch limits for 2025. Since the reduced
commercial trip limit in this final rule would not be effective until
later in 2024, the Council requested that NMFS implement an emergency
action to reduce the commercial trip limit to seven fish. NMFS and the
Council expected this lower trip limit to benefit the greater amberjack
stock by increasing the duration of the commercial open season, which
is expected to result in fewer regulatory discards (i.e., discards
required after the quota has been reached). On December 18, 2023, a
final temporary rule for emergency action for Gulf greater amberjack
was published in the Federal Register and was effective through June
15, 2024 (88 FR 87365).
The Council decided to specify the commercial trip limit in numbers
of fish instead of pounds of fish based in part on recommendations from
its Reef Fish Advisory Panel (AP) and the Law Enforcement Technical
Committee on their preferred way to specify the trip limit. A trip
limit in numbers of fish is more enforceable and reduces the chance of
commercial fishermen exceeding the trip limit.
The Council decided that the reduced trip limit, which would extend
the
[[Page 59005]]
commercial fishing season as long as practicable, was a more desirable
solution. The new commercial trip limit is expected to allow for as
many fishing days as practicable while reducing the chance of exceeding
the reduced lower catch limits implemented under the final rule for
Amendment 54, and addresses needs of the rebuilding plan.
In the framework action, the Council also decided to recommend
modifying the Gulf greater amberjack recreational fixed closed season
in order to extend the recreational fishing season and to protect
greater amberjack spawning. As described in the framework action, under
the current recreational season structure which opens annually on
August 1, projections indicate that the season would only last
approximately 3 weeks. For the recreational sector, when recreational
landings for greater amberjack reach or are projected to reach the
recreational ACT, NMFS closes the sector for the remainder of the
fishing year and any overage of the recreational ACL is reduced from
the following fishing year's recreational ACT and ACL (50 CFR
622.41(a)(2)). NMFS notes that when the Gulf greater amberjack
recreational sector is closed, the species remains a popular catch and
release fish.
In 2012, the final rule implementing Amendment 35 established a
Gulf greater amberjack recreational fixed closed season of June 1 to
July 31 to restrict harvest during times of peak recreational fishing.
In 2017, NMFS implemented a framework action under the FMP to set the
Gulf greater amberjack recreational fixed closed season to January 1
through June 31 to protect greater amberjack spawning and allow the
Council additional time to consider further modify the fixed closed
season (82 FR 61485, December 28, 2017). In 2018, NMFS implemented a
framework action under the FMP that revised the recreational fishing
year from the calendar year (January 1 through December 31) to be from
August 1 through July 31, and set the current Gulf greater amberjack
recreational fixed closed season to be from November 1 through April 30
and from June 1 through July 31 (83 FR 13426, March 29, 2018). This
means that until the recreational ACT is reached or projected to be
reached, recreational harvest would be allowed during the months of
August through October, and during the month of May. The current fixed
closed season prohibits harvest during the peak greater amberjack
spawning period in the majority of the Gulf (i.e., March and April) and
allows for both a fall and spring recreational season if no in-season
closure is required.
For the present action, the Council decided to recommend modifying
the recreational fixed closed season in response to the substantial
recreational catch limit reductions implemented through the final rule
for Amendment 54 in order to lengthen the recreational fishing season
and to protect the greater amberjack stock during all documented
spawning periods in the Gulf (i.e., March through June). This change to
the recreational fixed closed season, from the current closures of
January 1 through April 30, from June 1 through July 31, and from
November 1 through December 31, each year, to new closures from January
1 through August 31, and from November 1 through December 31, each
year, would eliminate the spring recreational season. The revised
recreational closure would allow for protection of the stock during the
entire spawning period in the Gulf.
As described in the framework action, this fixed closed season
modification is projected to allow the recreational fishing season to
be open for all of September and most of October (i.e., projected to
extend to October 26th) each year. However, if recreational effort were
to shift as a result of the fixed closed season change, then it is
possible a recreational closure may occur earlier. For the revised
recreational fixed closed season, the Council determined that a more
cautious approach for management was warranted in order to meet the
rebuilding timeline.
Management Measures Contained in This Final Rule
This final rule revises the commercial trip limit and recreational
fixed closed season for Gulf greater amberjack.
Commercial Trip Limit
The existing regulations set the commercial trip limit for Gulf
greater amberjack at 1,000 lb (454 kg), gutted weight (1,040 lb (472
kg), round weight), with a reduction to 250 lb (113 kg), gutted weight
(260 lb (118 kg), round weight) when 75 percent of the commercial quota
has been reached. This final rule changes the commercial trip limit to
seven fish. Once the commercial quota has been reached, the commercial
sector will close and commercial harvest is prohibited (50 CFR
622.41(a)(1)(i)).
As described in the framework action, the trip limit reduction to
seven fish (i.e., approximately 210 lb (95 kg), gutted weight (218 lb
(99 kg), round weight) is expected to extend the length of the
commercial fishing season into September, which would not occur under
the status quo commercial trip limit. While the commercial ACT has been
met for the 2024 season and an in-season closure began on June 30 (89
FR 50529, June 14, 2024), if the commercial ACL is not exceeded in
2024, an in-season closure under a seven fish trip limit is expected to
occur in September of 2025.
In recommending this trip limit, the Council recognized that the
Gulf greater amberjack stock is overfished and has not rebuilt as
expected under the current and previous rebuilding plans. NMFS
determined, in accordance with the Council's findings, that a more
cautious approach for the commercial sector was warranted and chose to
substantially reduce the commercial trip limit.
Recreational Fixed Closed Season
The current Gulf greater amberjack recreational fixed closed season
is from January 1 through April 30, June 1 through July 31, and
November 1 through December 31, each year. This final rule revises the
closed season to January 1 through August 31, and November 1 through
December 31, each year. This results in the recreational season being
scheduled to be open from September 1 through October 31, each year. As
described in the Classification of this final rule, NMFS has found good
cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in the
effective date for changes to the Gulf greater amberjack recreational
fixed closed season at 50 CFR 622.34(c). Based on the timing of the
rulemaking for this final rule, this has been done to avoid the
recreational season opening on August 1, 2024, and to instead open on
September 1, 2024, consistent with the revisions in this final rule and
the framework action. This will allow NMFS to evaluate landings from
the May 2023 portion of the recreational season of the previous fishing
year and determine if an adjustment would be needed to the recreational
ACL and ACT in the next fishing year. NMFS notes that during the
closure, the recreational bag and possession limit for greater
amberjack in or from the Gulf exclusive economic zone (EEZ) is zero (50
CFR 622.34(c)).
Regulatory Language Contained in This Final Rule But Not Described in
the Framework Action
In addition to the Gulf greater amberjack management measures in
the framework action, this final rule clarifies language related to the
Gulf red snapper Federal charter vessel/headboat (for-hire) component
quota (50 CFR 622.39(a)(2)(i)(B)) and the Gulf red snapper Federal for-
hire component ACT (50 CFR 622.41(q)(2)(iii)(B)). When Amendment 40 to
the FMP was
[[Page 59006]]
implemented in 2015 and allocated the recreational ACL (quota) between
the Federal for-hire and private angling components, the provisions
referenced above specified that the Federal for-hire quota and ACT
apply ``to vessels that have been issued a valid Federal charter
vessel/headboat permit for Gulf reef fish any time during the fishing
year.'' (80 FR 22422, April 22, 2015). This language was necessary to
maintain the selected allocation between the components by allowing
only those vessels issued the Federal for-hire permit during the
fishing year to harvest red snapper under the for-hire component quota.
Subsequently, NMFS determined that it would be helpful to clarify
these provisions to specify the restrictions on harvest and possession
of red snapper when the for-hire season is closed by adding the
following language: ``A person aboard a vessel that has been issued a
charter vessel/headboat permit for Gulf reef fish any time during the
fishing year may not harvest or possess red snapper in or from the Gulf
when the Federal charter vessel/headboat component is closed'' (85 FR
6819, February 6, 2020; 88 FR 37475 June 8, 2023). In this final rule,
and consistent with Amendment 40, NMFS adds additional clarifying
language to specify the restrictions on harvest and possession of red
snapper when the for-hire season is open. This language provides that
when the Federal for-hire component is open, a person on board a vessel
that has been issued a for-hire permit for Gulf reef fish at any time
during the fishing year may harvest or possess red snapper in or from
the Gulf only when the vessel is operating as a charter vessel or
headboat.
Comments and Responses
NMFS received four comment submissions in response to the proposed
rule for the framework action. Of the comments contained in these
submissions, one expressed general support for the rule. One comment
was generally against the proposed rule, but expressed support for the
closure of the greater amberjack recreational season during red snapper
season. One comment suggested that fishing seasons for greater
amberjack and other Gulf reef fish species (e.g., red snapper and
groupers) should overlap in order to reduce discards and decrease
overall mortality of each of these reef fish species. The commenter
also suggested reducing the greater amberjack recreational bag limit,
which was beyond the scope of the proposed rule. The final comment did
not support concurrent open recreational seasons for Gulf reef fish
species, since the timing of seasons could negatively impact
recreational fishermen, especially the for-hire component. Specific
comments related to the proposed rule and the framework action are
summarized below and followed by NMFS' respective responses. There have
been no changes to the proposed rule as a result of public comment.
Comment 1: Recreational fishing seasons for greater amberjack and
other Gulf reef fish species (e.g., red snapper, groupers) should
overlap in order to reduce discards and decrease overall mortality of
each of these reef fish species. Also, consideration should be given to
establishing a combined recreational fishing season for all reef fish
of 60 days or less.
Response: In the framework action, the Council recommended that the
greater amberjack recreational fishing season open on September 1,
instead of the current season where the sector is open in May and then
again opens on August 1. Changing the recreational greater amberjack
season start date to September 1 and removing the months of May and
August from the open season is expected to increase the number of
greater amberjack fishing days available to the recreational sector
before the recreational ACT would be projected to be met. Also,
modifying the fixed closed season as proposed would protect greater
amberjack during spawning months and would allow fishing during a time
when recreational effort is expected to be less than the previous open
months of May and August.
A September 1 recreational season opening date provides overlap
with the recreational fishing season opening date for Gulf gag, which
is also September 1, as suggested by this comment. This overlap could
result in fewer greater amberjack discards when targeting gag. While a
concurrent fishing season for all reef fish could reduce discards, a
goal of the Council is to maximize recreational fishing opportunities
throughout the year while constraining harvest to allowable catch
levels. This often requires different management measures such as
fishing seasons for different reef fish species due to different stock
statuses, spawning periods, and seasonal distributions. A single
concurrent recreational fishing season for all reef fish species is not
practical to help achieve OY within the fishery and maintain
recreational fishing opportunities throughout the Gulf.
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 framework action, 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. The Magnuson-Stevens Act provides
the legal basis for this final rule. No duplicative, overlapping, or
conflicting Federal rules have been identified.
A final regulatory flexibility analysis (FRFA) was prepared for
this rule. The FRFA incorporates the IRFA, a summary of any significant
issues raised by public comment in response to the IRFA, any applicable
NMFS responses to those comments, and a summary of the analyses
completed to support the action. NMFS did not receive any public
comments with respect to the IRFA. A copy of the full analysis is
available from NMFS (see ADDRESSES). A summary of the FRFA follows.
The objectives of this final rule are to maintain commercial and
recreational access to the greater amberjack component of the Gulf reef
fish fishery, given the substantial ACL decreases under the Gulf
greater amberjack rebuilding plan in Amendment 54, and ensure anglers
and for-hire vessel operators understand that a person on a vessel that
has been issued a Gulf for-hire permit at any time during the fishing
year can only harvest red snapper if the vessel is operating as a for-
hire vessel. All monetary estimates in the following analysis are in
2021 dollars.
This final rule reduces the commercial trip limit for greater
amberjack from 1,000 lb (454 kg), gutted weight (1,040 lb (472 kg),
round weight), with a decrease in the trip limit to 250 lb (113 kg),
gutted weight, 260 lb (118 kg), round weight, when 75 percent of the
commercial quota has been reached, to seven fish. This final rule also
establishes the new commercial trip limit based on numbers of fish
rather than on weight. As described in the framework action, a trip
limit of seven fish is approximately equal to 210 lb (95 kg), gutted
weight (218 lb (99 kg), round weight).
This final rule also modifies the recreational fixed closed season
for Gulf greater amberjack from the original dates of November 1
through April 30 and June 1 through July 31 to the new dates of August
1 through August 31 and November 1 through July 31.
This final rule also clarifies language in the regulations related
to the Gulf red snapper Federal charter vessel/headboat component quota
and the Gulf red snapper Federal charter vessel/headboat
[[Page 59007]]
component ACT. Specifically, the regulations will be modified to
clarify that a person on a vessel issued a Gulf for-hire permit at any
time during the fishing year can only harvest red snapper if the vessel
is operating as a for-hire vessel. Given these actions, this final rule
is expected to regulate commercial fishing businesses and charter
vessel/headboat (for-hire) fishing businesses that harvest Gulf greater
amberjack. The action to clarify existing regulations related to the
Gulf red snapper Federal charter vessel/headboat component quota and
the Gulf red snapper Federal charter vessel/headboat component ACT is
administrative in nature, and thus would not regulate or directly
affect any entities.
A valid commercial Gulf reef fish vessel permit is required in
order for commercial fishing vessels to legally harvest greater
amberjack in the Gulf. At the end of 2020, 837 vessels possessed valid
commercial Gulf reef fish vessel permits. However, not all vessels with
a commercial Gulf reef fish permit actually harvest greater amberjack
in the Gulf. From 2017 through 2021, the average number of vessels that
commercially harvested Gulf greater amberjack was 199. Ownership data
regarding vessels that harvest Gulf greater amberjack are incomplete,
which prohibits accurately determining affiliations between these
particular vessels. Since determining ownership affiliations is not
currently feasible, for the purposes of this analysis, NMFS assumes
each of these vessels is independently owned by a single business. NMFS
expects this assumption to result in an overestimate of the actual
number of commercial fishing businesses regulated by this final rule.
Thus, it is assumed this final rule would regulate 199 commercial
fishing businesses.
Although the changes to the recreational fixed closed season will
apply to recreational private anglers, the Regulatory Flexibility
Analysis (RFA) does not consider recreational private anglers to be
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions (see 5 U.S.C. 601(6) and 601(3)-
(5)). Recreational private anglers are not businesses, organizations,
or governmental jurisdictions and so they are outside the scope of this
analysis (see 5 U.S.C. 603).
A valid Federal charter vessel/headboat (for-hire) permit for Gulf
reef fish is required to legally harvest greater amberjack in the Gulf
from a for-hire vessel. NMFS does not possess complete ownership data
for vessels that hold charter vessel/headboat Gulf reef fish vessel
permits and thus potentially harvest greater amberjack. Therefore,
accurately determining affiliations between these vessels and the
businesses that own them is not currently feasible. As a result, for
purposes of this analysis, NMFS assumes each for-hire vessel is
independently owned by a single business, which is expected to result
in an overestimate of the actual number of for-hire fishing businesses
regulated by this final rule.
NMFS also does not have data indicating how many for-hire vessels
actually harvest Gulf greater amberjack in a given year. In 2020, there
were 1,289 vessels with valid charter-headboat Gulf reef fish vessel
permits. Of these 1,289 vessels, 803 were homeported in Florida. Of
these 803 vessels, 62 are primarily used for commercial fishing rather
than for-hire fishing purposes and thus are not considered for-hire
fishing businesses (i.e., 1,227 vessels are for-hire fishing
businesses). In addition, 46 of the permitted vessels are considered
headboats. However, headboats take a relatively large, diverse set of
anglers to harvest a diverse range of species on a trip and therefore
do not typically target a particular species. Therefore, NMFS assumes
that no headboat trips would be canceled, and thus no headboats would
be directly affected as a result of this final rule.
Charter vessels often target greater amberjack. Of the 803 vessels
with valid charter-headboat Gulf reef fish vessel permits that are
homeported in Florida, 62 are dually permitted commercial and charter
vessel-headboats but are primarily commercial fishing vessels, and 46
are headboats, while the remaining 695 are charter vessels. As
described in the framework action, 76 percent of charter vessels with
valid charter-headboat permits in the Gulf were active in 2017 (i.e.,
24 percent were not fishing). A charter vessel would only be directly
affected by this final rule if it is fishing. Given this information,
NMFS' best estimate of the number of charter vessels that are likely to
target Gulf greater amberjack in a given year is 528. Thus, this final
rule is estimated to regulate 528 for-hire fishing businesses.
For RFA purposes, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (North American Industry Classification
System (NAICS) Code 114111 (50 CFR 200.2)). A business primarily
involved in the commercial fishing industry 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 its combined
annual receipts (i.e., revenue) are not in excess of $11 million for
all of its affiliated operations worldwide. From 2017 through 2021, the
maximum annual gross revenue earned by a single commercial reef fish
vessel during this time was about $3.19 million, while the average
annual gross revenue for a vessel commercially harvesting Gulf greater
amberjack was $194,894. Based on this information, all commercial
fishing businesses regulated by this final rule are determined to be
small entities for the purpose of this analysis.
For other industries, the Small Business Administration has
established size standards for all major industry sectors in the U.S.,
including for-hire businesses (NAICS code 487210). A business primarily
involved in for-hire fishing 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 annual receipts (i.e.,
revenue) not in excess of $14.0 million for all its affiliated
operations worldwide. The maximum annual gross revenue for a single
headboat in the Gulf was about $1.45 million in 2017. On average,
annual gross revenue for headboats in the Gulf is about three times
greater than the annual gross revenue for charter vessels, reflecting
the fact that businesses that own charter vessels are typically smaller
than businesses that own headboats. Based on this information, all for-
hire fishing businesses regulated by this final rule are determined to
be small businesses for the purpose of this analysis.
NMFS expects this final rule to directly affect 199 of the 837
commercial fishing businesses that possess a valid commercial Gulf reef
fish permit (approximately 24 percent of those commercial fishing
businesses). Further, NMFS expects this final rule to directly affect
528 of the 1,227 for-hire fishing businesses with valid Federal charter
vessel/headboat permits in the Gulf reef fish fishery (approximately 43
percent of those for-hire fishing businesses). For the purpose of this
analysis, all affected commercial and for-hire fishing businesses are
small entities. Based on this information, NMFS expects the final rule
to affect a substantial number of small entities.
For vessels that commercially harvest greater amberjack in the
Gulf, currently available data indicate that economic profits are
approximately 38 percent of annual average gross revenue. Given that
their average annual gross revenue is $194,894, annual average economic
[[Page 59008]]
profit per vessel is estimated to be approximately $74,060.
This final rule reduces the commercial trip limit for greater
amberjack to seven fish. As described in the framework action, a trip
limit of seven fish is approximately equal to 210 lb (95 kg), gutted
weight; 218 lb (99 kg), round weight. This final rule is expected to
lengthen the commercial fishing season for greater amberjack.
Economic effects expected to result from changes in commercial trip
limits would typically include changes in ex-vessel revenues and
profits of commercial fishing businesses. However, based on the
relatively small size of the greater amberjack commercial ACT and
harvest projections, commercial fishing businesses are projected to
harvest all of the allocated commercial quota regardless of the
commercial trip limit. Therefore, changes in ex-vessel revenues and
profits for commercial fishing businesses would not be expected to
result from the action to change the commercial trip limit from 1,000
lb (454 kg) gutted weight, to seven fish.
Based on the most recent information available, average annual
profit is $27,000 per charter vessel. Net Cash Flow per Angler Trip
(CFpA) is the best available estimate of profit per angler trip by
charter vessels. CFpA on charter vessels is estimated to be $149 per
angler trip. Expected changes in charter trips targeting greater
amberjack were derived from projected closure dates of the action to
modify the recreational fixed closed season, and from the average
distribution of greater amberjack target trips by wave and mode between
2018 and 2021. Assuming there is no shift in effort, it is estimated
that the change in the recreational fixed closed season would result in
a decrease to the number of charter trips targeting greater amberjack
by 195 trips, and thereby decrease the profits to charter fishing
businesses by $29,108. On average, this would decrease profits by $55
per vessel. Thus, economic profits are expected to be reduced by 0.2
percent on average per charter fishing business.
Three alternatives, including the status quo, were considered for
the action to modify the commercial trip limit for Gulf greater
amberjack and establish a new commercial trip limit based on numbers of
fish rather than weight. The first alternative, the status quo, would
have retained the current commercial trip limit for Gulf greater
amberjack of 1,000 lb (454 kg), gutted weight (1,040 lb (472 kg,) round
weight). Additionally, when 75 percent of the ACT is projected to be
reached, the commercial trip limit would have been reduced to 250 lb
(113 kg), gutted weight (260 lb (118 kg) round weight). This
alternative would have allowed some targeting of greater amberjack to
continue. However, the Council did not recommend, and NMFS did not
select, this alternative because it would not modify the trip limit
from pounds of fish, which is more difficult to enforce compared to a
count of fish. This alternative is also expected to result in the
shortest overall season, which is contrary to the objectives of the
framework action.
The second alternative would have established a commercial trip
limit of eight fish. A trip limit of eight fish is approximately equal
to 257 lb (117 kg), gutted weight; 267 lb (121 kg), round weight. The
Council did not recommend and NMFS did not select this alternative
because it is not expected to extend the commercial season as long as
the action in this rule.
The third alternative would have established a commercial trip
limit of five fish. A trip limit of five fish is approximately equal to
150 lb (68 kg), gutted weight; 155 lb (70 kg), round weight. Like the
action in this rule, this alternative would have modified the trip
limit from pounds of fish to numbers of fish. Although this trip limit
would have resulted in the longest commercial season, the Council did
not recommend and NMFS did not select this alternative because it was
deemed to be too restrictive.
Two alternatives, including the status quo, were considered for the
action to modify the recreational fixed closed season for Gulf greater
amberjack. The first alternative, the status quo, would have retained
the current recreational fixed closed season of November 1 through
April 30 and June 1 through July 31. As described in the framework
action, this alternative was not selected because it results in the
shortest projected season (i.e., 21 days), which could promote race to
fish (i.e., derby-like) fishing behavior, and does not protect the
stock during spawning periods. As described in the framework action,
the Council also expressed a desire for a longer season length rather
than a split season and a fishing season start date in August. Further,
this alternative gives the least flexibility to for-hire operators with
respect to rescheduling trips due to inclement weather or other
constraints with the short-projected season. For all of the reasons
stated above, NMFS agrees with the Council's decision not to recommend
the status quo alternative.
The second alternative would have modified the recreational fixed
closed season to be August 1 through August 31, October 1 through April
30, and June 1 through July 31. Although this alternative would have
been expected to result in a greater amount of charter trips targeting
Gulf greater amberjack compared to the status quo, it still allows for
harvest during the spawning season. The Council did not recommend and
NMFS did not select this alternative because it does not protect the
stock during spawning periods as described in the framework action,
which ultimately could have negative long-term effects if the stock
does not rebuild.
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
Gulf reef fish 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>.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
NMFS finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in the effective date for changes to the Gulf greater amberjack
recreational fixed closed season at 50 CFR 622.34(c). Among other
measures, this final rule modifies the start of the summer recreational
fishing season from August 1 to September 1. The recreational
accountability measures require NMFS to prohibit harvest of greater
amberjack when recreational landings reach or are projected to reach
the recreational ACT (quota) and if recreational landings exceed the
recreational ACL, then during the following fishing year, both the
recreational quota and the recreational ACL must be reduced by the
amount of any recreational ACL overage. NMFS will not have preliminary
recreational landings estimates for the May 2024 open fishing season,
which was the final month of recreational fishing during the 2023-
[[Page 59009]]
2024 recreational fishing year, until mid-August 2024. Therefore, if
the changes to the recreational fixed closed season are not made
effective by August 1, the recreational fishing season will open before
NMFS can determine whether there needs to be an adjustment to the
recreational ACT and ACL for the 2024-2025 fishing year. If significant
harvest occurs before NMFS can make that determination, an overage of
the 2024-2025 recreational ACL could occur, which would have negative
impacts on the stock, which is overfished, as well as on those
participants in the recreational sector who will have fewer days to
fish for Gulf greater amberjack during the following fishing year.
Given the time required to receive finalized recreational landings
information from May 2024, NMFS is not yet able to make a determination
about any recreational ACL overages from the 2023-2024 fishing year. A
waiver of the 30-day delay in the effective date for changes to the
Gulf greater amberjack recreational fixed closed season will allow the
season to open September 1 as specified in the final rule and allow
NMFS to determine whether an adjustment to the 2024-2025 catch limits
are necessary. In addition, private anglers and Federal for-hire
operators have been planning trips in anticipation of the expected
September 1 opening and as explained in the framework action, opening
on September 1 as opposed to August 1 is expected to allow for a
greater number of fishing days, which will benefit private anglers and
Federal for-hire operators. A waiver of the 30-day delay in
effectiveness for the commercial trip limit specified in 50 CFR
622.43(a) is not necessary because commercial harvest is prohibited
until December 31, 2024 as a result of an in-season commercial closure
(89 FR 50529, June 14, 2024).
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Greater amberjack, Gulf,
Recreational, Red snapper, Reef fish.
Dated: July 15, 2024.
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. Effective August 1, 2024, in Sec. 622.34, revise paragraph (c) to
read as follows:
Sec. 622.34 Seasonal and area closures designed to protect Gulf reef
fish.
* * * * *
(c) Seasonal closure of the recreational sector for greater
amberjack. The recreational sector for greater amberjack in or from the
Gulf EEZ is closed from January 1 through August 31 and from November 1
through December 31 each year. During the closure, the bag and
possession limit for greater amberjack in or from the Gulf EEZ is zero.
* * * * *
0
3. Effective August 21, 2024, in Sec. 622.39, revise paragraph
(a)(2)(i)(B) to read as follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(2) * * *
(i) * * *
(B) Federal charter vessel/headboat component quota. The Federal
charter vessel/headboat component quota applies to vessels that have
been issued a valid Federal charter vessel/headboat permit for Gulf
reef fish any time during the fishing year. A person aboard a vessel
that has been issued a charter vessel/headboat permit for Gulf reef
fish any time during the fishing year may not harvest or possess red
snapper in or from the Gulf when the Federal charter vessel/headboat
component is closed. When the Federal charter vessel/headboat component
is open, a person on board a vessel that has been issued a charter
vessel/headboat permit for Gulf reef fish at any time during the
fishing year may harvest or possess red snapper in or from the Gulf
only when the vessel is operating as a charter vessel or headboat. The
Federal charter vessel/headboat component quota is 3,380,574 lb
(1,533,403 kg), round weight.
* * * * *
0
4. Effective August 21, 2024, in Sec. 622.41, revise paragraph
(q)(2)(iii)(B) to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(q) * * *
(2) * * *
(iii) * * *
(B) Federal charter vessel/headboat component ACT. The Federal
charter vessel/headboat component ACT applies to vessels that have been
issued a valid Federal charter vessel/headboat permit for Gulf reef
fish any time during the fishing year. A person aboard a vessel that
has been issued a charter vessel/headboat permit for Gulf reef fish any
time during the fishing year may not harvest or possess red snapper in
or from the Gulf when the Federal charter vessel/headboat component is
closed. When the Federal charter vessel/headboat component is open, a
person on board a vessel that has been issued a charter vessel/headboat
permit for Gulf reef fish at any time during the fishing year may
harvest or possess red snapper in or from the Gulf only when the vessel
is operating as a charter vessel or headboat. The component ACT is
3,076,322 lb (1,395,396 kg), round weight.
* * * * *
0
5. Effective August 21, 2024, in Sec. 622.43, revise paragraph (a) to
read as follows:
Sec. 622.43 Commercial trip limits.
* * * * *
(a) Greater amberjack. Until the commercial quota specified in
Sec. 622.39(a)(1)(v) is reached--7 fish. See Sec. 622.39(b) for the
limitations regarding greater amberjack after the quota is reached.
* * * * *
[FR Doc. 2024-15873 Filed 7-18-24; 4:15 pm]
BILLING CODE 3510-22-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.