Rule2026-11221
Fisheries of the Caribbean, Gulf of America, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Amendment 55
Primary source
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Published
June 4, 2026
Effective
July 6, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues regulations to implement Amendment 55 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This final rule removes yellowmouth grouper from the other South Atlantic shallow water grouper (other SASWG) complex and establishes a new scamp and yellowmouth grouper complex. This final rule establishes catch levels, sector management measures, and accountability measures (AM) for the new scamp and yellowmouth grouper complex and establishes catch levels for the revised other SASWG complex. In addition, Amendment 55 establishes a rebuilding plan, sector allocations, and status determination criteria (SDC) for the scamp and yellowmouth grouper complex. The purpose of this final rule and Amendment 55 is to rebuild the scamp and yellowmouth grouper stock and achieve optimum yield (OY) while minimizing to the extent practicable adverse social and economic effects.
Full Text
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<title>Federal Register, Volume 91 Issue 107 (Thursday, June 4, 2026)</title>
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[Federal Register Volume 91, Number 107 (Thursday, June 4, 2026)]
[Rules and Regulations]
[Pages 33661-33673]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11221]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 260505-0124]
RIN 0648-BN30
Fisheries of the Caribbean, Gulf of America, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic; Amendment 55
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 55 to the
Fishery Management Plan for the Snapper-Grouper Fishery of the South
Atlantic (FMP), as prepared and submitted by the South Atlantic Fishery
Management Council (Council). This final rule removes yellowmouth
grouper from the other South Atlantic shallow water grouper (other
SASWG) complex and establishes a new scamp and yellowmouth grouper
complex. This final rule establishes catch levels, sector management
measures, and accountability measures (AM) for the new scamp and
yellowmouth grouper complex and establishes catch levels for the
revised other SASWG complex. In addition, Amendment 55 establishes a
rebuilding plan, sector allocations, and status determination criteria
(SDC) for the scamp and yellowmouth grouper complex. The purpose of
this final rule and Amendment 55 is to rebuild the scamp and
yellowmouth grouper stock and achieve optimum yield (OY) while
minimizing to the extent practicable adverse social and economic
effects.
DATES: This final rule is effective July 6, 2026.
ADDRESSES: Electronic copies of Amendment 55, which includes a fishery
impact statement and a regulatory impact review, may be obtained from
the Southeast Regional Office website at <a href="https://www.fisheries.noaa.gov/action/amendment-55-establish-new-scamp-and-yellowmouth-grouper-complex-rebuilding-plan-catch">https://www.fisheries.noaa.gov/action/amendment-55-establish-new-scamp-and-yellowmouth-grouper-complex-rebuilding-plan-catch</a>.
The unique identification number for the environmental review for
Amendment 55 is: EAXX-006-48-1SE-1730464344.
FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305,
or email: <a href="/cdn-cgi/l/email-protection#7a14131112131654171f120e1b3a14151b1b541d150c"><span class="__cf_email__" data-cfemail="244a4d4f4c4d480a49414c5045644a4b45450a434b52">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the South
Atlantic snapper-grouper fishery, which includes scamp, yellowmouth
grouper, and the species in the other SASWG complex, 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 that NMFS and regional fishery
management councils prevent overfishing and achieve, on a continuing
basis, the OY from federally managed fish stocks. These mandates are
intended to ensure that fishery resources are managed for the greatest
overall benefit to the Nation, particularly with respect to providing
food production and recreational
[[Page 33662]]
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.
This action is taken under the statutory authority of the Magnuson-
Steven Act section 303(a)(1) as necessary and appropriate for the
conservation and management of the fishery to prevent overfishing and
to promote the long-term health and stability of the fishery.
On March 17, 2025, NMFS published a notice of availability for
Amendment 55 and requested public comment (90 FR 12287). On August 25,
2025, NMFS published a proposed rule for Amendment 55 and requested
public comment (90 FR 41365). NMFS approved Amendment 55 on June 9,
2025, pursuant to section 304(a)(3) of the Magnuson-Stevens Act. The
proposed rule and Amendment 55 outline the rationale for the actions
contained in this final rule. The management measures described in
Amendment 55 and implemented by this final rule are summarized below.
Unless otherwise noted, all weights in this final rule are
described in round weight.
The South Atlantic stock of scamp was assessed for the first time
through the Southeast Data, Assessment, and Review (SEDAR) 68 Research
Track (RT) assessment in September 2021 (SEDAR 68 RT (2021)). In 2020,
the first stage of the SEDAR 68 data process was a Stock Identification
(ID) Workshop (SEDAR 68 Stock ID Workshop (2020)), which concluded that
scamp are very difficult to distinguish from yellowmouth grouper and,
thus, much of the assessment data likely represents both species in
unknown proportions. The SEDAR 68 Stock ID Workshop (2020) recommended
that the stock assessment be conducted on both scamp and yellowmouth
grouper jointly with the two species treated as a single complex
because of the low level of yellowmouth grouper landings, the overlap
of vessels that land each species, and the likelihood of
misidentification between the species. This recommendation resulted in
the SEDAR 68 Operational Assessment (OA), which was completed in 2022
(SEDAR 68 OA (2022)). The stock status for scamp and yellowmouth
grouper was unknown prior to completion of the SEDAR 68 OA (2022). The
Council's Scientific and Statistical Committee (SSC) reviewed the SEDAR
68 OA (2022) at their April 2023 meeting. The assessment included data
through 2021 and incorporated the revised landings estimates for
recreational catch using the Marine Recreational Information Program
(MRIP) Fishing Effort Survey (FES). The results of the SEDAR 68 OA
assessment indicated that the scamp and yellowmouth grouper stock is
overfished but not undergoing overfishing. The SSC determined that the
assessment was conducted using the best scientific information
available and was adequate for determining stock status and supporting
total fishing level recommendations. NMFS notified the Council of the
overfished status of the scamp and yellowmouth grouper stock via letter
dated September 21, 2023.
Following a notification from NMFS to the Council that a stock is
overfished, the Magnuson-Stevens Act requires the Council to develop an
action to rebuild the affected stock. Therefore, the Council developed
Amendment 55 to respond to the results of SEDAR 68 OA (2022).
Amendment 25 to the FMP (Comprehensive Annual Catch Limit
Amendment) (77 FR 15916, March 16, 2012) established single species and
species complex annual catch limits (ACL) and AMs. Single species ACLs
were established for assessed and targeted species, species where ACL =
0, and species that could not be placed in a complex based on the
criteria below. Scamp was one of the species that met the criteria for
a single species ACL. Complex ACLs for groups of species were
established for other snapper-grouper species using associations based
on one or more of the following: life history, catch statistics from
commercial logbook and observer data, recreational headboat logbook and
private/charter survey data, and fishery-independent data. Based on the
criteria for complex ACLs in Amendment 25, yellowmouth grouper was
included in the other SASWG complex along with red hind, rock hind,
yellowfin grouper, coney, and graysby. Regulatory Amendment 13 to the
FMP updated the commercial and recreational ACLs for select unassessed
species including scamp and yellowmouth grouper (78 FR 36113, June 17,
2013). Amendment 29 to the FMP established the current commercial and
recreational ACLs for scamp and yellowmouth grouper (80 FR 30947, June
1, 2015).
Management Measures Contained in This Final Rule
This final rule removes yellowmouth grouper from the other SASWG
complex and establishes a new scamp and yellowmouth grouper complex.
For the new complex, this final rule establishes the total ACL, sector
ACLs, recreational bag limits, commercial trip limits, and AMs. This
final rule also revises the total ACL and sector ACLs for the species
remaining within the other SASWG complex. Additionally, Amendment 55
establishes SDC and a rebuilding plan for the new scamp and yellowmouth
grouper complex.
Reorganization of Complexes
Yellowmouth grouper has been part of the other SASWG complex
containing rock hind, red hind, coney, graysby, yellowmouth grouper,
and yellowfin grouper. This final rule removes yellowmouth grouper from
the other SASWG complex and establishes a new complex containing both
scamp and yellowmouth grouper. Rock hind, red hind, coney, graysby, and
yellowfin grouper will remain in the reorganized other SASWG complex.
Scamp and Yellowmouth Grouper Complex Total ACL
As described in Amendment 55, the acceptable biological catch (ABC)
for the new scamp and yellowmouth grouper complex equals the total ACL
for the complex, and an ABC is established of 67,450 pounds (lb)
(30,595 kilograms (kg)) for the 2025 fishing year; 72,200 lb (32,749
kg) for the 2026 fishing year; 75,050 lb (34,042 kg) for the 2027
fishing year; 77,900 lb (35,335 kg) for the 2028 fishing year; and
79,800 lb (36,197 kg) for the 2029 and subsequent fishing years. The
ABC values reflect the SSC recommendations, which are based on the
latest commercial landings data and recreational data from the MRIP-FES
and are considered to be consistent with the best scientific
information available. The Magnuson-Stevens Act National Standard 1
guidelines specify that Councils can choose to account for management
uncertainty by setting the ACL less than the ABC but also state that
ACLs may be set very close to or equal to the ABC. Amendment 55 sets
the total ACL equal to the ABC for the new scamp and yellowmouth
grouper complex. This level of removals is below the maximum
sustainable yield (MSY) and the overfishing limit and is expected to
ensure that overfishing will be prevented, the long-term average
biomass will be near or above the biomass that would produce the MSY
(B<INF>MSY</INF>), and the overfished stock complex of scamp and
yellowmouth grouper will be rebuilt within the rebuilding timeframe.
Scamp and Yellowmouth Grouper Complex Commercial and Recreational ACLs
Amendment 55 revises the commercial and recreational sector
allocations for scamp and yellowmouth
[[Page 33663]]
grouper. The sector ACLs for scamp and yellowmouth grouper established
through Amendment 25 to the FMP have been based on commercial and
recreational allocations of 69.36 percent and 30.64 percent,
respectively, for scamp and 1.35 percent and 98.65 percent,
respectively, for yellowmouth grouper (77 FR 15916, March 16, 2012).
Those allocations were set using a formula of (0.5 * catch history) +
(0.5 * current trend) where catch history is equal to the average
landings of 1986 through 2008 and current trend is equal to the average
landings of 2006 through 2008.
Amendment 55 set the commercial and recreational sector allocations
for the scamp and yellowmouth grouper complex based on a new allocation
formula known as the split reduction method that uses average landings
over a more recent, 5-year time series and accounts for revised
recreational landings estimates from the MRIP-FES. Beginning in 2025,
the split reduction method allocates the total ACL to each sector based
upon the distribution of total average landings during more recent time
periods that better reflect the way the fishery is currently operating.
The allocation is based on the 5-year total average of commercial and
recreational (FES) landings from 2018 through 2022 and split the
reduction needed from the current total ACL equitably between the
sectors to achieve the reduction in harvest needed to constrain the
harvest to the total ACL. In each subsequent year throughout the
rebuilding plan, as the total ACL increases the ACL poundage increase
is allocated equally between both sectors and added to each sector's
respective ACL from the previous year. The commercial and recreational
allocation percentages and sector ACLs will change each year from 2025
through 2029 and then remain set at the 2029 level. For the commercial
sector, allocation percentages will decline from 64.90 to 62.59 percent
through 2029, and for the recreational sector the allocation
percentages will increase from 35.10 to 37.41 percent through 2029.
The current commercial and recreational ACLs for scamp are 219,375
lb (99,507 kg) and 116,369 lb (52,784 kg), respectively. Yellowmouth
grouper is currently part of the other SASWG complex, and the
commercial and recreational ACLs for the other SASWG complex are 55,542
lb (25,193 kg), and 48,648 lb (22,066 kg), respectively.
Amendment 55 uses the split reduction allocation method to more
fairly deal with the initial reduction in ACLs for scamp and
yellowmouth grouper and proportionately reduces each sector's allowable
catch based on recent landings so that the effect on each sector is
more equitable. Similarly, the new allocations will balance the needs
of both sectors and also increase each sector's allowable catch
proportionately on a poundage basis throughout the rebuilding plan. The
new sector allocation method distributes both fishing restrictions and
recovery benefits for the scamp and yellowmouth grouper complex fairly
and equitably between both sectors. In addition, this allocation method
is also reasonably calculated to promote conservation, since it
establishes sector catch limits within the boundaries of a total ACL
that is based upon an ABC recommendation that would end overfishing and
rebuild the stock complex, incorporating the best scientific
information available.
When applying the new commercial sector allocation percentage, the
revised commercial ACLs for the scamp and yellowmouth grouper complex
are 43,772 lb (19,855 kg) for the 2025 fishing year; 46,147 lb (20,932
kg) for the 2026 fishing year; 47,572 lb (21,578 kg) for the 2027
fishing year; 48,997 lb (22,225 kg) for the 2028 fishing year; and
49,947 lb (22,656 kg) for the 2029 and subsequent fishing years.
When applying the recreational sector allocation percentage, the
revised recreational ACLs for the scamp and yellowmouth grouper complex
are 23,678 lb (10,740 kg) for the 2025 fishing year; 26,053 lb (11,817
kg) for the 2026 fishing year; 27,478 lb (12,464 kg) for the 2027
fishing year; 28,903 lb (13,110 kg) for the 2028 fishing year; and
29,853 lb (13,541 kg) for the 2029 and subsequent fishing years.
Recreational Bag Limits for Scamp and Yellowmouth Grouper
Currently, the recreational bag limit is three scamp or three
yellowmouth grouper per person per day within the overall three-fish
grouper and tilefish combined aggregate bag limit. This final rule
establishes an aggregate complex bag limit of one fish (either scamp or
yellowmouth grouper) per person per day within the overall three-fish
grouper and tilefish combined aggregate bag limit.
Given the reduction in harvest needed to rebuild the scamp and
yellowmouth grouper stock, an aggregate bag limit for these species
will continue to allow recreational retention while also helping to
constrain recreational harvest to the reduced recreational ACL.
Scamp and Yellowmouth Grouper Complex Commercial Trip Limits
Currently, there is no commercial trip limit for scamp and
yellowmouth grouper, either as individual species or as an aggregate of
species. This final rule establishes an aggregate commercial trip limit
for scamp and yellowmouth grouper of 300 lb (136 kg), gutted weight.
The new commercial trip limit is intended to keep the scamp and
yellowmouth grouper portion of the snapper-grouper fishery open and
available to fisherman and consumers for as long as possible while
reducing harvest to ensure the rebuilding plan is achieved.
Scamp and Yellowmouth Grouper Complex Commercial AMs
There are not currently any commercial AMs for the new scamp and
yellowmouth grouper complex. For the new complex, this final rule
establishes an in-season commercial closure for the remainder of the
fishing year if the combined commercial landings for scamp and
yellowmouth grouper reach or are projected to reach the commercial ACL
of the complex. This final rule also establishes post-season AMs if the
combined commercial landings for scamp and yellowmouth grouper exceed
the complex commercial ACL; regardless of stock status or whether the
total ACL was exceeded, the commercial ACL of the complex for the
following fishing year will be reduced by the amount of the commercial
ACL overage in the prior fishing year.
To achieve rebuilding, it is important that the commercial AMs be
as effective as possible in preventing commercial landings from
exceeding the commercial ACL. An in-season closure and a post-season
overage adjustment (payback) of the commercial ACL will ensure that
commercial landings remain at or below the proposed commercial ACL.
Scamp and Yellowmouth Grouper Complex Recreational AMs
This final rule establishes a post-season recreational AM. If the
combined recreational landings for scamp and yellowmouth grouper exceed
the recreational ACL of the complex, then the length of the following
year's recreational fishing season for the complex will be reduced by
the amount necessary to prevent the recreational ACL from being
exceeded in the following year, regardless of stock status.
Recreational landings estimates are not timely enough for in-season
monitoring of the complex. The new
[[Page 33664]]
post-season AM is consistent with AMs established for similar snapper-
grouper species, in which a season reduction is reliant on a single
trigger: that recreational landings exceed the recreational ACL. When
triggered, this post-season AM will be effective in constraining
recreational landings from exceeding the recreational ACL during the
following year.
Other SASWG Complex Total ACL and Sector ACLs
The current ABC for the other SASWG complex that contains rock
hind, red hind, coney, graysby, yellowmouth grouper, and yellowfin
grouper is 104,190 lb (47,260 kg), and was implemented by Amendment 29
to the FMP (80 FR 30947, June 1, 2015). The total ACL was set equal to
the ABC and included recreational estimates from MRIP's Coastal
Household Telephone Survey (CHTS). The current commercial ACL is 55,542
lb (25,193 kg) and the recreational ACL is 48,648 lb (22,066 kg).
Amendment 55 does not change the ABC for the reorganized other
SASWG complex and keeps it as 104,190 lb (47,260 kg). The revised total
ACL for the reorganized other SASWG complex is 100,151 lb (45,428 kg)
and retains recreational estimates from MRIP-CHTS in the estimation of
the total ACL. The commercial ACL is 53,380 lb (24,213 kg), and the
recreational ACL is 46,771 lb (21,215 kg). For the complex, while the
ABC does not change with the removal of yellowmouth grouper from the
complex, the total ACL is reduced by the amount that had been
attributed to yellowmouth grouper. As a result of the statutory
timeline required under the Magnuson-Stevens Act, it was decided not to
update the ABC after the removal of yellowmouth grouper given the
unassessed species remaining in the complex and extended timing that
would have been needed to provide that update. The sector allocations
for the other SASWG complex do not change in Amendment 55 and remain at
1.35 percent commercial and 98.65 percent recreational.
The species within the other SASWG complex are considered data
limited, and none of the species in the complex have stock assessments.
Following the SSC's Unassessed Stocks Workgroup meeting in 2020, an ABC
was recommended; however, this catch level was determined by the SSC
using the third highest landings and only reliable catch methodologies,
which are both no longer considered best scientific information
available. During the SSC's April 2023 meeting, the SSC recommended
that the other SASWG complex ACL be modified while still retaining the
MRIP-CHTS recreational estimates included in the estimation of the
total ACL. The SSC also recommended that the other SASWG complex ABC
and ACL be revised in the upcoming Unassessed Species Amendment using
MRIP-FES recreational estimates. As the Unassessed Species Amendment is
not expected to be completed until 2026 or later, an action to update
the other SASWG complex ABC and ACL using MRIP-FES recreational data
was not included in Amendment 55. The MRIP-FES based catch estimates
for the other SASWG complex species have not yet been through a
sufficient scientific review process, which the SSC determined was
necessary prior to developing new ABCs and ACLs based on the FES data.
Amendment 55 does not modify the current commercial or recreational AMs
for the other SASWG complex (50 CFR 622.193(j)).
Management Measures in Amendment 55 Not Codified by This Final Rule
In addition to the measures within this final rule, Amendment 55
establishes biological reference points or SDC and a rebuilding plan
for the scamp and yellowmouth grouper stock.
Scamp and Yellowmouth Grouper Complex MSY
MSY is defined as the largest long-term average catch that can be
taken from a stock under current conditions. Amendment 55 establishes
the MSY proxy for the scamp and yellowmouth grouper complex as the
yield when fishing at the fishing mortality rate (F) that produces a
spawning potential ratio (SPR) of 40 percent. Currently, scamp
(individually) and yellowmouth grouper (as part of the other SASWG
complex) have MSY proxies of F30%SPR; however, SEDAR 68 OA (2022)
recommended an MSY proxy for the scamp and yellowmouth grouper stock
complex of F40%SPR. As described in Amendment 55, the MSY proxy
recommendation is to use F30%SPR for very resilient stocks and use
F40%SPR for species with life-history characteristics consistent with
scamp and yellowmouth grouper.
Based on information from the NMFS Southeast Fisheries Science
Center (SEFSC) that the best scientific information available
recommends that F40%SPR is more likely than F30%SPR to achieve a level
of biomass that will produce the MSY for the scamp and yellowmouth
grouper stock complex, and Amendment 55 establishes the MSY proxy of
F40%SPR for the scamp and yellowmouth grouper complex.
Scamp and Yellowmouth Grouper Complex Maximum Fishing Mortality
Threshold (MFMT)
MFMT is defined as the level of fishing mortality above which
overfishing is occurring. Amendment 55 establishes an MFMT equal to
F40%SPR for the scamp and yellowmouth grouper complex, with an
estimated value of 0.28. Currently, scamp (individually) and
yellowmouth grouper (as part of the other SASWG complex) have an MFMT
equal to the MSY proxy of F30%SPR; however, SEDAR 68 OA (2022)
recommended an MFMT equal to the MSY proxy of the yield at F40%SPR for
the scamp and yellowmouth grouper stock complex. The new MFMT is based
on the best scientific information available and is consistent with the
new MSY.
Scamp and Yellowmouth Grouper Complex Minimum Stock Size Threshold
(MSST)
MSST is defined as the biomass level below which a stock is
declared overfished. Amendment 55 establishes MSST equal to 75 percent
of the spawning stock biomass (SSB) at F40%SPR, with a currently
estimated value of 801.60 metric tons. Currently, scamp (individually)
and yellowmouth grouper (as part of the other SASWG complex) have an
MSST equal to the SSB at MSY (SSB<INF>MSY</INF>) times either one minus
the natural mortality (M) or 0.5, whichever is greater. However, SEDAR
68 OA (2022) defined the MSST as 75 percent of SSB at F40%SPR for the
scamp and yellowmouth grouper stock complex. This new MSST for the
scamp and yellowmouth grouper stock complex is based on the best
scientific information available.
Scamp and Yellowmouth Grouper Complex OY
OY is the long-term average yield desired from a stock or fishery
as reduced from MSY for the fishery based on relevant economic, social,
and ecological factors. Amendment 55 establishes an OY of 95 percent
MSY for the scamp and yellowmouth grouper complex, which produces an OY
of 353,670 lb (160,422 kg) and an MSY of 372,280 lb (168,863 kg).
Uncertainty in landings estimates for scamp and yellowmouth grouper
exists, but scientific uncertainty had been appropriately accounted for
in the SSC's ABC recommendation, and the 5 percent buffer between OY
and the MSY will account for the uncertainty in social, economic, and
biological factors.
[[Page 33665]]
Rebuilding Plan for the South Atlantic Scamp and Yellowmouth Grouper
Stock Complex
Amendment 55 establishes a 10-year rebuilding plan for the complex,
which is the longest allowable rebuilding scenario (Tmax) allowed by
the Magnuson-Stevens Act except in certain cases (16 U.S.C.
1854(e)(4)(A)) and is consistent with the Magnuson-Stevens Act National
Standard 1 guidelines for stocks that are projected to rebuild in 10
years or less (50 CFR 600.310(j)(3)(i)(B)(1)). The Council's preferred
choice of the 10-year timeframe for rebuilding beginning in 2025 is
intended to reduce the severity of the proposed rebuilding measures and
thus minimize short-term negative social and economic impacts on
fishing communities consistent with National Standard 8.
Comments and Responses
NMFS received seven comments on Amendment 55 and the proposed rule
during their respective comment periods. Comments were received from
individuals and the U.S. Seafood Policy Council. Most of the comments
were in support of all, or parts of, Amendment 55 and the proposed
rule, and NMFS agrees with those comments in support. Some comments
received were not related to Amendment 55 or the proposed rule and are,
therefore, not responded to in this final rule. Comments that suggested
alternatives to the preferred alternatives in Amendment 55 and the
proposed rule or questioned the rationale and analysis in the proposed
rule are summarized and responded to below. No changes were made to
this final rule based on public comment.
Comment 1: The proposed rule does not clearly articulate the
scientific basis for separating yellowmouth grouper from the other
SASWG complex beyond stock assessment data. Providing explicit
population modeling results and genetic or ecological distinctions
would strengthen stakeholder understanding of the reorganization of the
complexes. SDCs for the complex are referenced without detailing
threshold biomass or exploitation rate levels, and defining these SDCs
quantitatively would enhance enforcement consistency and clarity to the
public.
Response: The latest SEDAR stock assessment, the SEDAR 68 OA
(2022), assessed scamp and yellowmouth grouper in the South Atlantic as
a single stock due to the low level of yellowmouth grouper landings,
the overlap of vessels that land each species, and the likelihood of
misidentification between scamp and yellowmouth grouper. The assessment
includes information on explicit population modeling results and
genetic or ecological distinctions. SEDAR 68 OA (2022) provides the
basis for the reorganization of the complex and the SSC found the
assessment was conducted using the best scientific information
available. Also, including yellowmouth grouper with scamp in a new
complex will allow for future changes to catch levels and management
measures necessary to efficiently address the overfished status of
these two species based on the best scientific information available.
Threshold biomass or exploitation rate levels for the scamp and
yellowmouth grouper complex were included in SEDAR 68 OA (2022). SDC
benchmarks are quantitatively described in both Amendment 55 and the
proposed rule.
Comment 2: The sector ACLs for the new scamp and yellowmouth
grouper complex are described broadly in the proposed rule, but the
methodology for determining allocations among commercial, recreational,
and subsistence fisheries is not transparent. Providing details about
the allocation formula and allocation assumptions would increase
credibility and reduce disputes over fairness.
Response: NMFS disagrees that the ACL sector allocation information
was not transparent in the proposed rule. The methodology for
determining sector allocations is described in both Amendment 55 and
the proposed rule. The commercial and recreational sector allocations
for the scamp and yellowmouth grouper complex are based on the new
split reduction method that uses average landings over a more recent,
5-year time series and accounts for revised recreational landings
estimates from the MRIP-FES. This method proportionately distributes
the reductions in total harvest needed for the complex between the
commercial and recreational sectors based upon the distribution of
landings under more recent time periods that better reflect the way the
fishery is currently operating. As described in Amendment 55 and stated
in the proposed rule, the sector allocations and sector ACLs are
proportional to each sector's share of total average landings from 2018
through 2022 and split the reduction needed from the current total ACL
equitably among the sectors to achieve the reduction in harvest needed
to constrain the harvest to the total ACL. In subsequent years, as the
total ACL increases the total ACL poundage increase will be split
equally between both sectors and added to each sector's ACL from the
previous year. This approach will in effect gradually shift the
allocation between the sectors over time. The 2029 sector ACL values
will remain in effect unless changed by future action. This sector
allocation method more fairly deals with the initial reduction in ACLs
for scamp and yellowmouth grouper that will result from the updated
catch levels and reduces the proportion of each sector's allowable
catch based on recent landings so that the effect on each sector is
more equitable. Similarly, the new allocations will balance the needs
of both sectors and increase each sector's allowable catch
proportionately on a poundage basis throughout the rebuilding plan. The
new sector allocation method distributes both fishing restrictions and
recovery benefits for scamp and yellowmouth grouper fairly and
equitably among both sectors in the new complex.
The FMP does not currently have any specific management measures
for subsistence fishing, and there is no portion of the total ACL for
either the new complex or the previously implemented other SASWG
complex allocated to subsistence fishing. Amendment 55 did not consider
any changes to which entities receive allocation, and although the
commenter refers to a subsistence fishery, neither this comment nor any
other suggested the creation of a new category for allocation of the
ACL.
Comment 3: The success of the rebuilding plan for the scamp and
yellowmouth grouper complex hinges on accurate biomass estimates and
fishing mortality rates, but the proposed rule does not specify how
these parameters will be updated during the rebuilding plan's
implementation.
Response: Information on scamp and yellowmouth grouper complex is
collected through both fishery dependent and independent methods such
as logbooks, trip tickets, dock-side intercepts, mail-in surveys,
headboat surveys, discard logbooks, and dealer reports. This
information was used to estimate biomass and fishing mortality rates
for the scamp and yellowmouth stocks through the SEDAR 68 OA 2022
assessment process, and it will be used to determine whether the
rebuilding goals of the stock are being achieved through future
assessments and updates.
Comment 4: The scamp and yellowmouth grouper complex AMs appear to
focus on post-season overage adjustments, but proactive in-season
monitoring and in-season closures are not discussed. Incorporating
dynamic in-season AM triggers would help
[[Page 33666]]
prevent overfishing before the applicable ACLs are exceeded.
Response: Amendment 55 and the proposed rule discuss in-season
monitoring and in-season closures. Specifically, as described in
Amendment 55 and the proposed rule, an in-season commercial closure
will occur if commercial landings for the scamp and yellowmouth complex
reach or are projected to reach the commercial ACL of the complex.
Additionally, as noted above, this final rule also establishes a
post-season recreational AM. If the combined recreational landings for
scamp and yellowmouth grouper exceed the recreational ACL of the
complex, then the length of the following year's recreational fishing
season for the complex will be reduced by the amount necessary to
prevent the recreational ACL from being exceeded. Recreational landings
estimates are not timely enough for effective implementation of an in-
season AM for the recreational sector. When triggered, this
recreational post-season AM will be effective in constraining
recreational landings from exceeding the recreational ACL during the
following year. The combination of the commercial in-season and post-
season AMs and the recreational post-season AM are expected to be
effective in helping manage landings with respect to the sector ACLs
and the overall stock health.
Comment 5: The economic impact analysis is limited in its treatment
of potential short-term losses to specific fishing communities as the
rebuilding plan takes effect. Adding a detailed socio-economic model by
sector and geography would help target mitigation strategies.
Response: The combined social and economic analyses presented in
Amendment 55 address sector-based effects and impacts and provide
information on the geographical distribution of landings and affected
fishing communities (<a href="https://www.fisheries.noaa.gov/action/amendment-55-establish-new-scamp-and-yellowmouth-grouper-complex-rebuilding-plan-catch">https://www.fisheries.noaa.gov/action/amendment-55-establish-new-scamp-and-yellowmouth-grouper-complex-rebuilding-plan-catch</a>). The information presented on specific fishing communities is
limited because of the need to preserve data confidentiality.
Comment 6: The proposed rule for Amendment 55 does not indicate
whether bycatch and habitat interactions will be tracked as part of the
management of the new scamp and yellowmouth grouper complex.
Integrating ecosystem-based monitoring would improve sustainability
beyond single-species rebuilding targets.
Response: Data needed to evaluate bycatch and habitat interactions
will continue to be collected for the new scamp and yellowmouth complex
(see tracking of landings in response to Comment 3). Bycatch and
habitat interactions are more fully described in Chapter 3, Appendix G
(Bycatch Practicability Analysis), and Appendix E (Essential Fish
Habitat and Ecosystem Based Fishery Management of Amendment 55). NMFS
agrees that information on these and other ecosystem interactions can
help to inform the development of an effective management strategy,
such as the one proposed in Amendment 55 that is designed to rebuild
scamp and yellowmouth grouper as a complex based on the best scientific
information available (SEDAR 68 OA (2022)).
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 55, 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. This final rule is not an Executive
Order 14192 regulatory action because this action is not significant
under Executive Order 12866.
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under Executive
Order 13175 is not required, and the requirements of sections (5)(b)
and (5)(c) of Executive Order 13175 also do not apply. A Tribal summary
impact statement under section (5)(b)(2)(B) and section (5)(c)(2)(B) of
Executive Order 13175 is not required and has not been prepared.
A final regulatory flexibility analysis (FRFA) was prepared, as
required by section 604 of the Regulatory Flexibility Act (RFA) (5
U.S.C. 604). 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, NMFS's 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 social and economic implications and
potential impacts on small businesses are addressed in the responses to
Comment 5 in the Comments and Responses section of this final rule. No
changes to this final rule were made in response to this public
comment. No comments were received from the Office of Advocacy for the
Small Business Administration.
This final rule will: (1) reorganize the other SASWG complex by
removing yellowmouth grouper from it and establish a new South Atlantic
scamp and yellowmouth grouper complex, (2) establish the total ACL for
the scamp and yellowmouth grouper complex, (3) establish sector ACLs
for the scamp and yellowmouth grouper complex consistent with the
sector allocations in Amendment 55, (4) establish an aggregate scamp
and yellowmouth grouper complex recreational bag limit, (5) establish
an aggregate commercial trip limit for scamp and yellowmouth grouper,
(6) establish commercial AMs for the scamp and yellowmouth grouper
complex, (7) establish recreational AMs for the scamp and yellowmouth
grouper complex, and (8) revise the total ACL and sector ACLs for the
other SASWG complex by removing the portions of the total and sector
ACLs that are currently attributed to yellowmouth grouper.
Actions (1) through (3) and (8), above, apply to all commercial
fishing businesses, charter vessel and headboat (for-hire) fishing
businesses, and recreational fishers (anglers) that fish for scamp or
yellowmouth grouper in Federal waters of the South Atlantic. Actions
(4) and (7) apply only to for-hire fishing businesses and recreational
anglers. Finally, actions (5) and (6) apply only to commercial fishing
businesses. None of the changes implemented by this final rule directly
apply to federally-permitted dealers. Any change in the supply of scamp
or yellowmouth grouper available for purchase by dealers and associated
economic effects as a result of this final rule would be indirect
effects and would, therefore, fall outside the scope of the RFA.
Although many 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 scamp and
[[Page 33667]]
yellowmouth grouper catch limits and management measures are not
expected to directly alter the services sold by these vessels. Any
change in demand for these fishing services, and associated economic
effects, as a result of this final rule would be a consequence of a
change in anglers' behavior and would, therefore, be indirect. Based on
the historically-minimal level of recreational target effort for scamp
and yellowmouth grouper in the South Atlantic and the number of
substitute species available, NMFS does not expect any change in for-
hire trip demand to result from this final rule; however, should it
occur, the associated indirect effects would fall outside the scope of
the RFA. For-hire captains and crew are currently permitted to retain
scamp and yellowmouth grouper under the recreational bag limits;
however, they are not permitted to sell these fish. As such, for-hire
captains and crew are affected only insofar as they fish themselves as
recreational anglers.
For purposes of the RFA, recreational anglers are not considered to
be entities, so they are also outside the scope of this FRFA. Small
entities include small businesses, small organizations, and small
governmental jurisdictions (see 5 U.S.C. 601(3) through (6)).
Recreational anglers are not businesses, organizations, or governmental
jurisdictions. Therefore, the remainder of this analysis focuses on the
impacts on commercial vessels.
As of August 26, 2021, there were 579 valid or renewable South
Atlantic snapper-grouper unlimited permits and 112 valid or renewable
225-lb (102.1 kg) trip-limited permits. On average from 2018 through
2022, there were 137 federally-permitted commercial vessels with
reported landings of scamp or yellowmouth grouper in the South
Atlantic. Their average annual vessel-level gross revenue from all
species for 2018 through 2022 was $82,458 (2022 dollars), and scamp and
yellowmouth grouper accounted for approximately 4.1 percent of this
revenue. For commercial vessels that harvest scamp or yellowmouth
grouper in the South Atlantic, NMFS estimates that economic profits are
-$742 (2022 dollars) or -0.9 percent of annual gross revenue, on
average. The negative value for economic profits presented here does
not necessarily mean the average business is operating at a loss in an
accounting sense; rather, the owner is not being fully compensated for
their time or asset depreciation when compared to the next best use of
their labor and capital resources. The maximum annual revenue from all
species reported by a single vessel that harvested scamp and
yellowmouth grouper from 2018 through 2022 was $441,332 (2022 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 (NAICS 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 will be directly affected by this final rule have been identified.
This final rule will reorganize the other SASWG complex by removing
yellowmouth grouper from it and establishing a new South Atlantic scamp
and yellowmouth grouper complex. These changes will not directly
constrain harvest or fishing effort and therefore have no direct
effects on small entities.
This final rule will also establish a total ACL for the new scamp
and yellowmouth grouper complex based on the most recent
recommendations from the SSC in response to the SEDAR 68 OA in 2022 for
scamp and yellowmouth grouper. These catch limits reflect a shift in
recreational reporting units from the MRIP-CHTS to the MRIP-FES. The
total ACL will be set equal to the ABC in each year of the rebuilding
plan according to the values provided in table 1. The 2029 values will
remain in effect unless changed by a future action. Because the scamp
and yellowmouth grouper complex has not yet been established and there
are no sector allocations for the complex, a hypothetical status quo
allocation of 64.90 percent of the total ACL, based on the average
landings distribution by sector from 2018 through 2022, is used in
Amendment 55 to calculate a de facto commercial ACL. This allows for a
rough assessment of how commercial landings for scamp and yellowmouth
grouper may change under the new scamp and yellowmouth grouper complex
total ACL and absent the establishment of sector allocations or ACLs.
Relative to the 5-year average (2018 through 2022) historical landings
of 75,540 lb (34,264 kg) and applying a hypothetical commercial sector
allocation of 64.90 percent, the new scamp and yellowmouth grouper
total ACL would result in an expected decrease in commercial landings
during the rebuilding timeframe, as shown in table 1. As discussed
below, Amendment 55 and this final rule will also establish commercial
and recreational allocation percentages and sector ACLs, and,
therefore, economic effects to small entities are quantified as part of
that discussion.
Table 1--New Scamp and Yellowmouth Grouper Total ACLs, With Commercial ACLs Based on a Hypothetical Allocation
of 64.90 Percent, as Derived From the Average Scamp and Yellowmouth Grouper Landings Distribution by Sector From
2018 Through 2022
----------------------------------------------------------------------------------------------------------------
Difference between new commercial
Year Total ACL in lb Commercial ACL in lb ACL and 5 year average landings
(kg) (kg) (2018-2022) in lb (kg)
----------------------------------------------------------------------------------------------------------------
2025............................... 67,450 43,772 -31,768
(30,595) (19,855) (-14,410)
2026............................... 72,200 46,855 -28,685
(32,749) (21,253) (-13,011)
2027............................... 75,050 48,704 -26,836
(34,042) (22,092) (-12,173)
2028............................... 77,900 50,554 -24,986
(35,335) (22,931) (-11,333)
[[Page 33668]]
2029+.............................. 79,800 51,787 -23,753
(36,197) (23,490) (-10,774)
----------------------------------------------------------------------------------------------------------------
Amendment 55 and this final rule will set scamp and yellowmouth
grouper sector allocations and sector ACLs in 2025 proportional to each
sector's share of total average landings (commercial and recreational
combined) from 2018 through 2022 (table 2). In subsequent years, as the
total ACL increases, the total ACL poundage increase will be split
equally between both sectors and added to each sector's ACL from the
previous year. This approach will in effect gradually shift the
allocation percentages over time. The 2029 values will remain in effect
unless changed by future action. As shown in table 2, the combined
economic effects of the new ACLs in conjunction with the revisions to
the commercial allocation are estimated to be negative but modestly
improving from 2025 through 2029. In 2029 and subsequent years, ex-
vessel revenues are estimated to be static. This analysis utilizes a
round weight to gutted weight conversion factor of 1.18 and an average
ex-vessel price of $7.44 per lb, gutted weight (2022 dollars). This
analysis also assumes the full commercial ACL will be harvested each
year and that commercial ACL is compared to average annual commercial
landings from 2018 through 2022. The average per-vessel estimates are
calculated by dividing the total estimated change in ex-vessel revenue
by the average number of vessels with reported landings of scamp and
yellowmouth grouper from 2018 through 2022. On average from 2025
through 2029, the per vessel loss in ex-vessel revenue is estimated to
be $1,300 per year (less than 2 percent of average annual per vessel
revenue). It is noted that scamp and yellowmouth grouper make up a
relatively small portion of annual gross revenue for vessels that land
these species (4.1 percent), and on trips where these species are
harvested, they comprise less than 11 percent of trip revenue on
average (2018 to 2022). Additionally, anecdotal information suggests
these species are not typically targeted but are often caught while
fishing for other snapper-grouper species. Therefore, NMFS assumes
scamp and yellowmouth grouper are harvested as 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 reductions in annual ex-
vessel revenue shown in table 2 are assumed to be straight losses in
per vessel annual economic profits ranging from $1,178 to $1,462 (2022
dollars). These decreases will exacerbate the already negative average
economic profits of affected small entities. Individual fishing
businesses, however, may experience varying levels of economic effects,
depending on their overall fishing practices, operating
characteristics, and profit maximization strategies.
Table 2--New Commercial Allocations and Commercial ACLs With Changes in Expected Landings and Ex-Vessel Revenue Relative to the Status Quo
[Measured by average landings and ex-vessel revenue from 2018-2022]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Change in
landings in lb Change in ex- Average per
(kg) gutted vessel revenue vessel change
Year Commercial Commercial ACL in lb weight relative to no in ex-vessel
allocation (kg) relative to no action (status revenue (2022
action (status quo; 2022 dollars)
quo) dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2025....................................................... 0.6490 43,772 -26,922 -$200,300 -$1,462
(19,855) (-12,212)
2026....................................................... 0.6392 46,147 -24,909 -185,325 -1,353
(20,932) (-11,299)
2027....................................................... 0.6339 47,572 -23,702 -176,341 -1,287
(21,578) (-10,751)
2028....................................................... 0.6290 48,997 -22,494 -167,356 -1,222
(22,225) (-10,203)
2029+...................................................... 0.6259 49,947 -21,689 -161,366 -1,178
(22,656) (-9,838)
--------------------------------------------------------------------------------------------------------------------------------------------------------
In addition to the changes mentioned above, this final rule will
establish an aggregate commercial trip limit of 300 lb (136 kg), gutted
weight, for scamp and yellowmouth grouper. Under status quo management,
where yellowmouth grouper is included in the other SASWG complex and
scamp is managed individually, implementation of this commercial trip
limit would be expected to reduce commercial scamp and yellowmouth
grouper landings by 7.96 percent or 5,096 lb (2,312 kg), gutted weight,
per year. This reduction in landings would represent an estimated
annual loss of $37,912 (2022 dollars) in ex-vessel revenue and economic
profits to the commercial sector. However, the commercial trip limit
will be established in conjunction with the new scamp and yellowmouth
[[Page 33669]]
grouper complex commercial ACLs (table 2), and NMFS expects the
commercial sector to fully harvest its ACL during each year of the
rebuilding timeframe, even with the proposed 300 lb (136 kg), gutted
weight, commercial trip limit in place. Therefore, these economic
effects are subsumed under those described for the new complex
allocations and commercial ACLs (table 2). In general, reducing the
commercial trip limit, even if aggregate landings and ex-vessel revenue
remain the same, may reduce the economic efficiency of individual
trips, which may have negative consequences on economic profits. These
effects cannot be quantified with existing data.
This final rule will also establish commercial AMs for the scamp
and yellowmouth grouper complex, such that if commercial landings reach
or are projected to reach the commercial ACL, commercial harvest of
scamp and yellowmouth grouper will be closed for the remainder of the
fishing year. In addition, under the commercial AMs implemented by this
final rule, if commercial landings of the complex exceed the commercial
ACL of the complex, regardless of stock status or whether the total ACL
was exceeded, the commercial ACL for the following fishing year will be
reduced by the amount of the commercial ACL overage in the prior
fishing year. These AMs will help ensure that commercial landings are
constrained to the scamp and yellowmouth grouper complex commercial
ACLs. In the event of an overage of the commercial ACL of the complex,
commercial fishing businesses would be expected to experience reduced
landings, ex-vessel revenue, and economic profits in the following year
due to a reduced commercial ACL; however, this reduction would be at
least partially offset by the additional landings that occurred over
and above the commercial ACL in the year of the overage. These effects
cannot be quantified with available data.
Finally, this final rule revises the total ACL and sector ACLs for
the other SASWG complex by subtracting the 4,039 lb (1,832 kg) from the
total ACL that is currently attributed to yellowmouth grouper. The new
total ACL will be 100,151 lb (45,428 kg). Applying the current sector
allocations for the other SASWG complex of 53.3 percent commercial and
46.7 percent recreational, the new commercial ACL for that complex is
53,380 lb (24,213 kg) and the new recreational ACL is 46,771 lb (21,215
kg). Because the reductions to the total and sector ACLs for the other
SASWG complex are equivalent to only what is currently attributed to
yellowmouth grouper, no additional economic effects relative to those
already described above for the new scamp and yellowmouth grouper
complex are expected.
Three Alternatives to the Action To Establish an ABC and ACL for the
New Complex
Three alternatives were considered for the action to establish an
ABC and total ACL for the new scamp and yellowmouth grouper complex.
The first alternative, the no action alternative, would not establish
an ABC or total ACL and, therefore, would not be expected to constrain
harvest or result in direct economic effects when compared to recent 5-
year average landings and the existing separate ACLs for the two
grouper species. This alternative was not selected because it would be
inconsistent with the SSC's latest catch limit recommendations for
scamp and yellowmouth grouper, the requirements of the Magnuson-Stevens
Act for the proposed new scamp and yellowmouth grouper complex, and the
transition to the MRIP-FES.
The second alternative to the action to establish an ABC and total
ACL for the scamp and yellowmouth grouper complex would adopt the
revised ABCs recommended by the SSC and set the total ACL equal to 95
percent of the ABC as opposed to 100 percent of the ABC in the
preferred alternative. The change in weight (lb/kg) between the total
ACLs under this alternative and the total ACLs in this final rule,
along with the expected change in ex-vessel revenue, are provided in
table 3. Relative to the total ACLs set by this final rule and assuming
a hypothetical commercial allocation of 64.90 percent (based on the
distribution of historical landings by sector from 2018 through 2022),
this alternative would reduce the de facto commercial ACL by a range of
2,188 lb (992 kg) in 2025 to 2,589 lb (1,174 kg) in 2029 and subsequent
years (table 3). Assuming the commercial ACL would be harvested in full
under either the total ACLs implemented by this final rule or the
second alternative to the total ACL action, this difference translates
to an additional loss in ex-vessel revenue and economic profits of
$13,797 (2022 dollars) to $16,326 or $15,237 on average (2025 through
2029). The second alternative was not selected because (1) it would be
less effective at achieving the objectives of the FMP and (2) the
current ACL monitoring mechanisms in the South Atlantic, coupled with
the existing and new management measures, are sufficient to prevent
overages of the total ACL and thus do not require a buffer between the
ABC and total ACL.
Table 3--Differences in Total ACL, Commercial ACL, and Ex-vessel Revenue Under the Second Alternative to the Action To Establish an ABC and Total ACL
for the Scamp and Yellowmouth Grouper Complex
--------------------------------------------------------------------------------------------------------------------------------------------------------
Difference in
Total ACL set by commercial ACL in lb Change in
Year this final rule in Total ACL in lb (kg) Difference in total (kg) using potential ex-
lb (kg) under Alternative 2 ACL in lb (kg) allocation of 64.90 vessel revenue
percent (2022 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2025............................................ 67,450 64,078 -3,372 -2,188 -$13,797
(30,595) (29,065) (-1,530) (-992)
2026............................................ 72,200 68,590 -3,610 -2,343 -14,771
(32,749) (31,112) (-1,637) (-1,063)
2027............................................ 75,050 71,298 -3,752 -2,435 -15,352
(34,042) (32,340) (-1,702) (-1,104)
2028............................................ 77,900 74,005 -3,895 -2,528 -15,937
(35,335) (33,568) (-1,767) (-1,147)
2029+........................................... 79,800 75,810 -3,990 -2,589 -16,326
(36,197) (34,387) (-1,810) (-1,174)
--------------------------------------------------------------------------------------------------------------------------------------------------------
The third alternative to the action to establish an ABC and total
ACL for the scamp and yellowmouth grouper complex would adopt the
revised ABCs recommended by the SSC and set the total ACL equal to 90
percent of the
[[Page 33670]]
ABC as opposed to 100 percent of the ABC in the preferred alternative.
The change in weight (lb/kg) between the total ACLs under this
alternative and the total ACLs in this final rule, along with the
expected change in ex-vessel revenue, are provided in table 4. Relative
to the total ACLs set by this final rule and assuming a hypothetical
commercial allocation of 64.90 percent (based on the distribution of
historical landings by sector from 2018 through 2022), this third
alternative would reduce the de facto commercial ACL by a range of
4,377 lb (1,985 kg) in 2025 to 5,179 lb (2,349 kg) in 2029 and
subsequent years (table 4). Assuming the commercial ACL would be
harvested in full under either the total ACLs implemented by this final
rule or the third alternative to the total ACL action, this difference
translates to an additional loss in ex-vessel revenue and economic
profits of $27,599 (2022 dollars) to $32,652 or $30,475 on average
(2025 through 2029). The third alternative was not selected because (1)
it would be less effective at achieving the objectives of the FMP and
(2) that the current ACL monitoring mechanisms in the South Atlantic,
coupled with the existing and new management measures, will be
sufficient to prevent overages of the total ACL; therefore, a buffer
between the ABC and the total ACL as provided in alternative 3 is not
required.
Table 4--Differences in Total ACL, Commercial ACL, and Ex-Vessel Revenue Under the Third Alternative to the Action To Establish an ABC and Total ACL for
the Scamp and Yellowmouth Grouper Complex
--------------------------------------------------------------------------------------------------------------------------------------------------------
Difference in
Total ACL set by commercial ACL in lb Change in
Year this final rule in Total ACL in lb (kg) Difference in total (kg) using potential ex-
lb (kg) under Alternative 3 ACL in lb (kg) allocation of 64.90 vessel revenue
percent (2022 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2025............................................ 67,450 (30,595) 60,705 (27,535) -6,745 (-3,059) -4,377 (-1,985) -$27,599
2026............................................ 72,200 (32,749) 64,980 (29,474) -7,220 (-3,275) -4,685 (-2,125) -29,542
2027............................................ 75,050 (34,042) 67,545 (30,638) -7,505 (-3,404) -4,870 (-2,209) -30,708
2028............................................ 77,900 (35,335) 70,110 (31,801) -7,790 (-3,533) -5,055 (-2,293) -31,874
2029+........................................... 79,800 (36,197) 71,820 (32,577) -7,980 (-3,620) -5,179 (-2,349) -32,652
--------------------------------------------------------------------------------------------------------------------------------------------------------
Two Alternatives to the Action To Establish Sector Allocations and
Sector ACLS for the New Complex
Two alternatives were considered for the action to establish scamp
and yellowmouth grouper sector allocations and sector ACLs. The first
alternative, the no action alternative, would not set sector
allocations, and thus commercial and recreational landings combined
would be constrained by the total ACL, as opposed to having individual
commercial and recreational ACLs. As a result, it is assumed that the
proportion of the total ACL harvested by each sector would remain
similar to the recent 5-year average of landings (2018 through 2022),
with the commercial sector accounting for 64.90 percent of the total
ACL. Relative to the allocation set by this final rule, this
alternative, when applied to the new total ACLs in table 1, would
result in an increase in ex-vessel revenue and economic profits that
ranges from $0 to $11,599 (table 5) or $6,602 on average (2025 through
2029). The first alternative to the sector ACLs set in this final rule
was not selected because this alternative would not establish sector
allocations and, therefore, would not be as effective at achieving the
objectives of the FMP and would not align with the purpose of this
final rule and Amendment 55.
Table 5--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the First Alternative to the Action To Establish Sector
Allocations and Sector ACLs for the New Complex
--------------------------------------------------------------------------------------------------------------------------------------------------------
Commercial Commercial ACL in lb Change in commercial Change in
allocation set Alternative 1 (kg) under ACL in lb (kg) under potential ex-
Year by this final Allocation Alternative 1 Alternative 1 vessel revenue
rule allocation allocation (2022 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2025........................................................ 0.6490 0.6490 43,772 (19,855) 0 (0) $0
2026........................................................ 0.6392 0.6490 46,855 (21,253) 708 (321) 4,461
2027........................................................ 0.6339 0.6490 48,704 (22,092) 1,132 (513) 7,138
2028........................................................ 0.6290 0.6490 50,554 (22,931) 1,557 (706) 9,814
2029+....................................................... 0.6259 0.6490 51,787 (23,490) 1,840 (835) 11,599
--------------------------------------------------------------------------------------------------------------------------------------------------------
The second alternative to the allocation implemented by this final
rule would set scamp and yellowmouth grouper sector allocations and
sector ACLs in 2025 proportional to each sector's share of total
average landings (commercial and recreational combined) from 2013
through 2022 (table 6). In subsequent years, as the total ACL
increases, the total ACL poundage increase would be split equally
between both sectors and added to each sector's ACL from the previous
year. This second alternative would in effect gradually shift the
allocation percentages over time. The 2029 values would remain in
effect unless changed by future action. Relative to the allocation set
by this final rule, this second alternative, when applied to the new
total ACLs in table 1, would result in an average annual decrease in
ex-vessel revenue and economic profits of approximately $6,379 (table
6). The second alternative to the sector ACLs set in this final rule
was not selected because the 10-year average used to calculate the
initial allocation in 2025 was less representative of the current
fishery and, therefore, would be less effective at achieving the
objectives of the FMP.
[[Page 33671]]
Table 6--Comparison of Commercial Allocation, Commercial ACL, and Ex-Vessel Revenue Under the Second Alternative to the Action To Establish Sector
Allocations and Sector ACLs for the New Complex
--------------------------------------------------------------------------------------------------------------------------------------------------------
Commercial Commercial ACL in lb Change in commercial Change in
allocation set Alternative 2 (kg) under ACL in lb (kg) under potential ex-
Year by this final allocation Alternative 2 Alternative 2 vessel revenue
rule allocation allocation (2022 dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2025........................................................ 0.6490 0.6340 42,763 (19,397) -1,009 (-458) -$6,360
2026........................................................ 0.6392 0.6251 45,132 (20,472) -1,015 (-460) -6,398
2027........................................................ 0.6339 0.6204 46,561 (21,120) -1,011 (-459) -6,374
2028........................................................ 0.6290 0.6160 47,986 (21,766) -1,011 (-459) -6,372
2029+....................................................... 0.6259 0.6132 48,933 (22,196) -1,014 (-460) -6,391
--------------------------------------------------------------------------------------------------------------------------------------------------------
Four Alternatives to the Action To Establish a Commercial Trip Limit
Four alternatives were considered for the action to establish a
commercial trip limit of 300 lb (136 kg), gutted weight. The first
alternative, the no action alternative, would not establish a
commercial trip limit. Therefore, it would not be expected to change
fishing practices or commercial harvests of scamp and yellowmouth
grouper, nor would it be expected to result in direct economic effects.
This alternative was not chosen because it would be less effective at
constraining harvest to the commercial catch levels set by this final
rule and would lead to a shorter commercial fishing season.
The second alternative to the commercial trip limit of 300 lb (136
kg), gutted weight, would set the commercial trip limit at 200 lb (91
kg), gutted weight. Under status quo management, under which
yellowmouth grouper is included in the other SASWG complex and scamp is
managed individually, implementation of a 200 lb (91 kg), gutted
weight, commercial trip limit would be expected to reduce commercial
scamp and yellowmouth grouper landings by 16.52 percent or 10,576 lb
(4,797 kg) per year. Relative to the commercial trip limit implemented
by this final rule, this second alternative would result in an
estimated annual reduction in ex-vessel revenue and economic profit
that is $40,770 (2022 dollars) greater. However, this second
alternative would be established in conjunction with the new scamp and
yellowmouth grouper complex commercial ACLs (table 2), and NMFS expects
the commercial sector would fully harvest its ACL each year of the
rebuilding timeframe, even with a 200 lb (91 kg), gutted weight,
commercial trip limit in place. Therefore, the economic effects of the
lower trip limit would be subsumed under those described for the
allocations and commercial ACLs set by this final rule (table 2). In
general, a lower commercial trip limit may reduce economic efficiency
on commercial trips, which may lead to a reduction in economic profits.
These effects cannot be quantified with existing data. This alternative
was not chosen because the lower trip limit would make trips to catch
scamp and yellowmouth grouper too costly and inefficient.
The third alternative to the commercial trip limit of 300 lb (136
kg), gutted weight, would set the commercial trip limit at 400 lb (181
kg), gutted weight. Under status quo management, implementation of a
400 lb (181 kg), gutted weight, commercial trip limit would be expected
to reduce commercial scamp and yellowmouth grouper landings by 4.35
percent or 2,785 lb (1,263 kg) per year. Relative to the commercial
trip limit implemented by this final rule, this alternative would
result in an estimated annual reduction in ex-vessel revenue and
economic profit that is $17,194 (2022 dollars) smaller. However, the
commercial trip limit would be established in conjunction with the new
commercial ACLs (table 2), and NMFS expects the commercial sector would
fully harvest its ACL each year of the rebuilding timeframe with a 400
lb (181 kg), gutted weight, commercial trip limit in place. Therefore,
these economic effects would be the same as those described for the
allocations and commercial ACLs set by this final rule (table 2). In
general, a less restrictive commercial trip limit may increase economic
efficiency on commercial trips, which may lead to an increase in
economic profits. These effects cannot be quantified with existing
data. This alternative was not chosen because it would be less
effective at constraining harvest to the commercial catch levels set by
this final rule and would lead to a shorter commercial fishing season.
The fourth alternative to the commercial trip limit of 300 lb (136
kg), gutted weight, would set the commercial trip limit at 500 lb (227
kg), gutted weight. Under status quo management, implementation of a
500 lb (227 kg), gutted weight, commercial trip limit would be expected
to reduce commercial scamp and yellowmouth grouper landings by 2.46
percent or 1,575 lb (714 kg) per year. Relative to the commercial trip
limit implemented by this final rule, this alternative would result in
an estimated annual reduction in ex-vessel revenue and economic profit
that is $26,196 (2022 dollars) smaller. However, the commercial trip
limit would be established in conjunction with the new commercial ACLs
(table 2), and NMFS expects the commercial sector would fully harvest
its ACL each year of the rebuilding timeframe with a 500 lb (227 kg),
gutted weight, commercial trip limit in place. Therefore, these
economic effects would be the same as those described for the
allocations and commercial ACLs set by this final rule (table 2).
Again, a less restrictive commercial trip limit may increase economic
efficiency on commercial trips, which may lead to an increase in
economic profits. These effects cannot be quantified with existing
data. This alternative was not chosen because it would be less
effective at constraining harvest to the commercial catch levels
implemented by this final rule and would lead to a shorter commercial
fishing season.
Two Alternatives to the Proposed Action To Establish Commercial AMs for
the New Complex
Two alternatives were considered for the action to establish
commercial AMs for the scamp and yellowmouth grouper complex. The first
alternative, the no action alternative, would not establish commercial
AMs and, therefore, would have no direct economic effects on any small
entities. This alternative was not chosen because the Magnuson-Stevens
Act requires AMs.
The second alternative to the commercial AMs action would establish
commercial AMs for the scamp and yellowmouth grouper complex such that
if commercial landings reach or are projected to reach the commercial
ACL, commercial harvest of scamp and yellowmouth grouper would be
closed for the remainder of the fishing year.
[[Page 33672]]
Under this alternative, if commercial landings exceed the commercial
ACL, the total ACL is exceeded, and the scamp and yellowmouth grouper
complex is overfished, the commercial ACL for the following fishing
year would be reduced by the amount of the commercial ACL overage in
the prior fishing year. This second alternative would be less likely to
result in an overage adjustment (payback) of commercial ACL overages
than the commercial AMs implemented by this final rule because, under
this second alternative, the overage adjustments wouldn't be triggered
unless additional conditions are met. As a result, the second
alternative would be less likely to negatively impact commercial
fishing businesses through reduced commercial ACLs in years following
commercial ACL overages. This alternative was not chosen because it
would be less effective at constraining harvest to the commercial catch
levels, thereby reducing protection to the scamp and yellowmouth
grouper stock.
One Alternative to the Proposed Action To Revise the Total and Sector
ACLs for the Other SASWG Complex
Finally, one alternative was considered for the action to revise
the total ACL and sector ACL for the other SASWG complex. This
alternative, the no action alternative, would not adjust the other
SASWG complex total and sector ACL to account for the removal of
yellowmouth grouper from the complex. The total ACL for this complex
would remain at 104,190 lb (47,260 kg) and the commercial ACL would
remain at 55,542 lb (25,193 kg). This alternative was not selected
because it would retain catch levels that are inclusive of yellowmouth
grouper and would, therefore, be inconsistent with the new scamp and
yellowmouth grouper complex and associated catch levels that are
implemented by this final rule. Under this alternative, catch levels
for the remaining species in the other SASWG complex would be too high,
would not provide adequate protection to those stocks, and would be
inconsistent with the Magnuson-Stevens Act and the FMP.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency will publish
one or more guides to assist small entities in complying with the rule
and will designate such publications as ``small entity compliance
guides.'' The agency will explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a fishery bulletin to permit holders that also
serves as a small entity compliance guide was prepared. This final rule
and the guide (i.e., bulletin) will be available on the Southeast
Regional Office website (see ADDRESSES). Hard copies of the guide and
this final rule will be available upon request (see ADDRESSES).
No duplicative, overlapping, or conflicting Federal rules have been
identified. In addition, no new reporting, record-keeping, or other
compliance requirements are introduced by this final rule. This final
rule contains no information collection requirements under the
Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Recreational, Scamp, Snapper-
grouper, South Atlantic, Yellowmouth grouper.
Dated: May 19, 2026.
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 AMERICA, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.187, revise paragraphs (b)(2)(iii), (iv), and (v) and
add paragraph (b)(2)(vi) to read as follows:
Sec. 622.187 Bag and possession limits.
* * * * *
(b) * * *
(2) * * *
(iii) No more than one fish may be a golden tilefish; (iv) No more
than two fish may be blueline tilefish. However, no blueline tilefish
may be retained by the captain or crew of a vessel operating as a
charter vessel or headboat. The bag limit for such captain and crew is
zero; and
(v) No more than one fish may be a scamp or a yellowmouth grouper,
combined.
(vi) No goliath grouper or Nassau grouper may be retained.
* * * * *
0
3. In Sec. 622.191, add paragraph (a)(16) to read as follows:
Sec. 622.191 Commercial trip limits.
* * * * *
(a) * * *
(16) Scamp and yellowmouth grouper, combined. Until the applicable
commercial ACL specified in Sec. 622.193(i)(1)(i) is reached, 300 lb
(136 kg), gutted weight. See Sec. 622.193(i)(1)(i) for the limitations
regarding scamp and yellowmouth grouper after the applicable commercial
ACL is reached.
* * * * *
0
4. In Sec. 622.193, revise paragraphs (i) and (j) to read as follows:
Sec. 622.193 Annual catch limits (ACLs) and accountability measures
(AMs).
* * * * *
(i) Scamp and yellowmouth grouper, combined--(1) Commercial sector.
(i) If commercial landings for scamp and yellowmouth grouper, combined,
as estimated by the SRD, reach or are projected to reach the applicable
commercial ACL, 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. On and after the effective date of such a
notification, all sale or purchase of scamp and yellowmouth grouper is
prohibited and harvest or possession of scamp and yellowmouth grouper
in or from the South Atlantic EEZ is limited to the bag and possession
limits. These bag and possession limits apply in the South Atlantic on
board a vessel for which a valid Federal commercial or charter vessel/
headboat permit for South Atlantic snapper-grouper has been issued,
without regard to where such species were harvested, i.e., in state or
Federal waters. The commercial ACL for scamp and yellowmouth grouper,
combined, is 43,772 lb (19,855 kg), round weight, for the 2025 fishing
year; 46,147 lb (20,932 kg), round weight, for the 2026 fishing year;
47,572 lb (21,578 kg), round weight, for the 2027 fishing year; 48,997
lb (22,225 kg), round weight, for the 2028 fishing year; and 49,947 lb
(22,656 kg), round weight, for the 2029 and subsequent fishing years.
(ii) If commercial landings for scamp and yellowmouth grouper,
combined, as estimated by the SRD, exceed the applicable commercial ACL
specified in paragraph (i)(1)(i) of this section, and regardless of the
stock status of either species and whether the total ACL specified in
paragraph (i)(3) of this section is exceeded, then during the following
fishing year, the AA will file a notification with the Office of the
Federal Register to reduce the applicable commercial ACL specified in
paragraph (i)(1)(i) of this section by the amount of the commercial ACL
overage.
(2) Recreational sector. If recreational landings for scamp and
yellowmouth grouper, combined, as estimated by the
[[Page 33673]]
SRD, exceed the applicable recreational ACL, and regardless of the
stock status of either species, then in the following fishing year, the
AA will file a notification with the Office of the Federal Register to
reduce the length of the recreational fishing season to ensure that the
recreational ACL is not exceeded. On and after the effective date of
such a notification, the bag and possession limits for scamp and
yellowmouth grouper in or from the South Atlantic EEZ are zero. The
recreational ACL for scamp and yellowmouth grouper, combined, is 23,678
lb (10,740 kg), round weight, for the 2025 fishing year; 26,053 lb
(11,817 kg), round weight, for the 2026 fishing year; 27,478 lb (12,464
kg), round weight, for the 2027 fishing year; 28,903 lb (13,110 kg),
round weight, for the 2028 fishing year; and 29,853 lb (13,541 kg),
round weight, for the 2029 and subsequent fishing years.
(3) Total ACL. The total ACL for scamp and yellowmouth grouper,
combined, is 67,450 lb (30,595 kg), round weight, for the 2025 fishing
year; 72,200 lb (32,749 kg), round weight, for the 2026 fishing year;
75,050 lb (34,042 kg), round weight, for the 2027 fishing year; 77,900
lb (35,335 kg), round weight, for the 2028 fishing year; 79,800 lb
(36,197 kg), round weight, for the 2029 and subsequent fishing years.
(j) Other SASWG complex (including red hind, rock hind, yellowfin
grouper, coney, and graysby)--(1) Commercial sector. (i) If commercial
landings for other SASWG combined, as estimated by the SRD, reach or
are projected to reach the commercial ACL of 53,380 lb (24,213 kg),
round weight, the AA will file a notification with the Office of the
Federal Register to close the commercial sector for this complex for
the remainder of the fishing year. On and after the effective date of
such a notification, all sale or purchase of red hind, rock hind,
yellowfin grouper, coney, and graysby is prohibited, and harvest or
possession of any of these species in or from the South Atlantic EEZ is
limited to the bag and possession limits. These bag and possession
limits apply in the South Atlantic on board a vessel for which a valid
Federal commercial or charter vessel/headboat permit for South Atlantic
snapper-grouper has been issued, without regard to where such species
were harvested, i.e., in state or Federal waters.
(ii) If commercial landings for other SASWG combined, as estimated
by the SRD, exceed the commercial ACL, and the combined commercial and
recreational ACL of 100,151 lb (45,428 kg), round weight, is exceeded,
and at least one of the species in other SASWG combined is 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) If recreational landings for other
SASWG combined, as estimated by the SRD, reach or are projected to
reach the recreational ACL of 46,771 lb (21,215 kg), round weight, the
AA will file a notification with the Office of the Federal Register to
close the recreational sector for the remainder of the fishing year
regardless if any stock in other SASWG combined is overfished, unless
NMFS determines that no closure is necessary based on the best
scientific information available. On and after the effective date of
such a notification, the bag and possession limits for any species in
the other SASWG combined in or from the South Atlantic EEZ are zero.
(ii) If recreational landings for other SASWG combined, as
estimated by the SRD, exceed the recreational ACL, then during the
following fishing year recreational landings will be monitored for a
persistence in increased landings, and if necessary, the AA will file a
notification with the Office of the Federal Register to reduce the
length of the recreational fishing season and the recreational ACL by
the amount of the recreational ACL overage, if at least one of the
species in other SASWG combined is overfished based on the most recent
Status of U.S. Fisheries Report to Congress, and if the combined
commercial and recreational ACL of 100,151 lb (45,428 kg), round
weight, is exceeded during the same fishing year. NMFS will use the
best scientific information available to determine if reducing the
length of the recreational fishing season and recreational ACL is
necessary. When the recreational sector is closed as a result of NMFS
reducing the length of the recreational fishing season and ACL, the bag
and possession limits for any species in the other SASWG combined in or
from the South Atlantic EEZ are zero.
* * * * *
[FR Doc. 2026-11221 Filed 6-3-26; 8:45 am]
BILLING CODE 3510-22-P
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