[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Proposed Rules]
[Pages 62309-62314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19507]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BL98


Snapper-Grouper Fishery of the South Atlantic Region; Golden Crab 
Fishery of the South Atlantic Region; Dolphin and Wahoo Fishery of the 
Atlantic; Acceptable Biological Catch Control Rules

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Announcement of availability of fishery management plan 
amendments; request for comments.

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SUMMARY: The South Atlantic Fishery Management Council has submitted 
amendments to three fishery management plans (FMPs) for review, 
approval, and implementation by NMFS. If approved by the Secretary of 
Commerce, the amendments would revise the FMPs for the Snapper-Grouper 
Fishery and the Golden Crab Fishery of the South Atlantic Region, and 
the Dolphin and Wahoo Fishery of the Atlantic, referenced here as the 
Acceptable Biological Catch (ABC) Control Rule Amendments. The ABC 
Control Rule Amendments would modify the ABC control rules, allow 
phase-in of ABC changes, allow for some carry-over of an unharvested 
portion of the annual catch limit (ACL) to the following fishing year, 
and modify the FMP framework procedures to implement carry-overs of 
ACLs when appropriate. The purpose of the ABC Control Rule Amendments 
is to ensure catch level recommendations are based on the best 
scientific information available, prevent overfishing while achieving 
optimum yield, and increase flexibility in setting catch limits.

DATES: Written comments must be received no later than November 13, 
2023.

ADDRESSES: You may submit comments on the ABC Control Rule Amendments, 
identified by ``NOAA-NMFS-2023-0067,'' by either of the following 
methods:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2023-0067'' in the Search 
box. Click the ``Comment'' icon, complete the required fields, and 
enter or attach your comments.
    <bullet> Mail: Submit written comments to Nikhil Mehta, NMFS 
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 
33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments--enter 
``N/A'' in the required fields if you wish to remain anonymous.
    An electronic copy of the ABC Control Rule Amendments, which 
includes an environmental assessment, a fishery impact statement, and a 
regulatory impact review, may be obtained from the NMFS Southeast 
Regional Office website at https://www.fisheries.noaa.gov/action/
comprehensive-acceptable-biological-

[[Page 62310]]

catch-abc-control-rule-amendment-revisions-abc-control.

FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305, 
or email: <a href="/cdn-cgi/l/email-protection#95fbfcfefdfcf9bbf8f0fde1f4d5fbfaf4f4bbf2fae3"><span class="__cf_email__" data-cfemail="620c0b090a0b0e4c0f070a1603220c0d03034c050d14">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit an FMP or FMP amendment to the 
Secretary of Commerce (the Secretary) for review and approval, partial 
approval, or disapproval. The Magnuson-Stevens Act also requires that 
NMFS, upon receiving an FMP or amendment, publish an announcement in 
the Federal Register notifying the public that the FMP or amendment is 
available for review and comment.
    The South Atlantic snapper-grouper and golden crab fisheries are 
managed under the FMP for the Snapper-Grouper Fishery of the South 
Atlantic (Snapper-Grouper FMP) and the Golden Crab Fishery of the South 
Atlantic (Golden Crab FMP), respectively. The dolphin and wahoo fishery 
of the Atlantic is managed under the Dolphin and Wahoo FMP. These three 
FMPs were prepared by the South Atlantic Fishery Management Council 
(Council) and are implemented by NMFS through regulations at 50 CFR 
part 622. The Council has developed, and submitted to NMFS for review 
and approval, the Comprehensive Acceptable Biological Catch Control 
Rule Amendment: Revisions to the Acceptable Biological Catch Control 
Rules and Specifications for Carry-Overs and Phase-Ins. The Council 
document is composed of Amendment 45 to the Snapper-Grouper FMP, 
Amendment 11 to the Golden Crab FMP, and Amendment 11 to the Dolphin 
and Wahoo FMP. If approved, the ABC Control Rule Amendments would be 
implemented by NMFS through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Act.

Background

    The Council and NMFS manage the snapper-grouper and golden crab 
fisheries in Federal waters from North Carolina south to the Florida 
Keys in the South Atlantic. The dolphin and wahoo fishery is managed in 
Federal waters from Maine south to the Florida Keys.
    The Council's Scientific and Statistical Committee (SSC) developed 
an ABC control rule in 2008, using uncertainty and risk traits to 
determine the acceptable risk of overfishing. The ABC control rule is 
the method by which the ABC for a stock is set, ideally based on an 
overfishing limit (OFL) from a stock assessment but sometimes using 
more data-limited methodology. The acceptable risk of overfishing is 
denoted as P-Star (P*) and is applied through assessment projections to 
develop the SSC's ABC recommendation. During development of the 
Comprehensive ACL Amendment by the Council, the SSC recommended adding 
additional levels of specificity to the ABC control rules to better 
address unassessed and data-limited stocks. The Comprehensive ACL 
Amendment included the ABC control rules for the Snapper-Grouper, 
Golden Crab, and Dolphin and Wahoo FMPs in 2012 (77 FR 15916, March 16, 
2012). In 2015, the ABC control rule for the Snapper-Grouper FMP was 
revised by adding the Only Reliable Catch Stocks (ORCS) approach for 
applicable snapper-grouper stocks in Amendment 29 to the Snapper-
Grouper FMP (80 FR 30947, June 1, 2015). The ORCS approach was 
recommended by the Council's SSC for calculating ABC values for 
unassessed stocks when only reliable catch information is available, 
and was determined to be based on the best scientific information 
available.
    In October 2016, NMFS published a final rule to revise the 
guidelines for National Standard 1 (NS1) of the Magnuson-Stevens Act 
(81 FR 71858, October 18, 2016). NS1 states that fishery conservation 
and management measures shall prevent overfishing while achieving, on a 
continuing basis, the optimum yield from each fishery for the United 
States fishing industry. One of the objectives of the 2016 NS1 
revisions was to provide additional flexibility within current 
statutory limits to address fishery management issues. For example, the 
revised NS1 guidelines allow for changes in catch limits to be phased 
in over time and is also described as ``phase-in'' in the ABC Control 
Rule Amendments. The revised guidelines also allow for some of the 
unused portion of an ACL to be carried over from 1 fishing year to the 
next, which is also described as ``carry-over'' in this notice. Fishery 
management councils, NMFS regions, and stakeholders have expressed 
considerable interest in using the phase-in and carry-over provisions 
in ABC control rules. In 2020, recommendations and best practices for 
how to develop and apply these provisions were provided in a NOAA 
Technical Memorandum (NMFS-F/SPO-203, July 2020). The goals of the 
technical memo were to: (1) provide examples of how carry-over and 
phase-in provisions have been implemented in fisheries so that we can 
learn from past experiences; (2) describe some possible approaches to 
design and implement carry-over and phase-in provisions; and (3) 
identify characteristics of fish stocks, fisheries, and management 
approaches that may impact the benefits and risks of applying carry-
over and phase-in provisions. If approved, the ABC Control Rule 
Amendments would incorporate carry-over and phase-in provisions by 
modifying the existing ABC control rules for the Snapper-Grouper, 
Golden Crab, and Dolphin and Wahoo FMPs by clarifying the incorporation 
of scientific uncertainty and management risk, modifying the approach 
used to determine the acceptable risk of overfishing, and prioritizing 
the use of stock rebuilding plans for overfished stocks.

Actions Contained in the ABC Control Rule Amendments

    The ABC Control Rule Amendments would modify the ABC control rules, 
allow phase-in of ABC changes, allow carry-over of unharvested portion 
of the ACL, and modify framework procedures to implement carry-overs of 
ACLs when allowed, for Snapper-Grouper, Dolphin and Wahoo, and Golden 
Crab FMPs.

Modify the ABC Control Rules

    As discussed above, the current ABC control rule for the Snapper-
Grouper FMP was revised by Amendment 29, and the Comprehensive ACL 
Amendment implemented the ABC control rules for the Golden Crab, and 
Dolphin and Wahoo FMPs in 2012. For assessed species, the current ABC 
control rules classify assessments according to level 1. Level 1 has 
tier classifications that determine the P* by reducing from an initial 
value of 50 percent according to uncertainty of assessment results and 
stock vulnerability (risk tolerance). ABC is determined through 
projections of assessment information using the accepted probability of 
overfishing. For unassessed species, ABC is determined by levels 2 
through 5, applying one of the following data-limited methods, as data 
allow (listed from highest to lowest priority): Depletion-Based Stock 
Reduction Analysis, Depletion-Corrected Average Catch, Only Reliable 
Catch Stocks (only included in the Snapper-Grouper FMP as level 5), and 
a decision tree based on species catch history. Determination of ABC 
for overfished stocks undergoing rebuilding is not specified. Details 
on the control rule levels, tiers, and classifications are described in 
Table 2.1.1.1 of the ABC Control Rule Amendments. In summary, level 1 
is assigned to assessed stocks and levels 1 through 4 are assigned to

[[Page 62311]]

unassessed stocks for the Golden Crab, and Dolphin and Wahoo FMPs. 
Level 5 is assigned to the applicable unassessed stocks in the Snapper-
Grouper FMP. Level 1 has tiers that further quantitative classification 
and methodology to calculate the ABC based on life-history, catch 
history, scientific uncertainty, stock status, and productivity and 
susceptibility analysis (PSA).
    The ABC Control Rule Amendments would modify the ABC control rules 
for the Snapper-Grouper, Golden Crab, and Dolphin and Wahoo FMPs by 
categorizing stocks based on the available information, scientific 
uncertainty evaluation, and incorporation of the Council's risk 
tolerance policy through an accepted P*. The P* would be specified 
based on relative stock biomass and a stock risk rating. When possible, 
the SSC would determine the OFL recommendation and characterize its 
uncertainty based on, primarily, the stock assessment or, secondarily, 
the SSC's expert opinion. The OFL and its uncertainty would then be 
used to derive and recommend the ABC, based on the risk tolerance 
selected by the Council. The step by step procedure detailing how the 
ABC is derived for assessed stocks can be found in section 2.1.1 of the 
ABC Control Rule Amendments. ABC for unassessed stocks would be 
recommended by the SSC based on applicable data-limited methods. 
Unassessed stocks would be assigned the moderate biomass level unless 
there is a recommendation from the SSC that justifies a different 
level. For overfished stocks, the Council would specify a stock 
rebuilding plan, considering recommendations from the SSC and the 
advisory panel (AP) of the respective FMP. The ABC while the rebuilding 
plan is in effect would be based on recommendations from the Council's 
SSC. The probability of success for rebuilding plans (1 minus P*) would 
be at least 50 percent. Control rule categories for assessments are 
described in detail in Table 2.1.1.2 of the ABC Control Rule 
Amendments.
    In summary, four categories would facilitate an ABC determination 
based on scientific uncertainty and SSC guidance. The Council, with 
advice from the SSC and AP, would evaluate management risk for each 
stock through a stock risk rating. Stock risk ratings include 
information currently used in the PSA, but also incorporate socio-
economic (for example, potential for discard losses, annual commercial 
value, recreational desirability, etc.) and environmental attributes 
(for example, climate change) (see Appendix E of the ABC Control Rule 
Amendments for more details). These recommendations would be revisited 
when new information becomes available (for example, in a new stock 
assessment). The Council would then specify the risk rating as low, 
medium, or high risk of overfishing. A higher risk of overfishing would 
indicate that risk tolerance (the accepted probability of overfishing) 
should be lower. These stock risk ratings, along with relative biomass 
levels, would be used to determine the Council's default risk tolerance 
for each stock. Default P* values based on relative biomass and stock 
risk rating are shown in Table 2.1.1.3 of the ABC Control Rule 
Amendments. As an example, a stock with high biomass and medium stock 
risk rating would have a P* of 45 percent. This would be lower than the 
OFL, in accordance with Magnuson-Stevens Act. The SSC can recommend the 
Council reconsider the stock risk rating. This could happen, for 
example, with the emergence of new scientific studies or new 
information discovered through a stock assessment.
    The modified ABC control rules would also allow the Council to 
deviate, to a greater or lesser amount, from the default accepted 
probability of overfishing by up to 10 percent for an individual stock, 
based on its expert judgment, new information, or recommendations by 
the SSC or other expert advisors. Accepted probability of overfishing 
may not exceed 50 percent. Using a 50 percent probability of 
overfishing implies negligible scientific uncertainty and sets OFL 
equal to ABC. At P* equals 0.50, removals above ABC caused by 
deviations in biological parameters (e.g., natural mortality (M), 
recruitment) could cause an overfishing determination and delay 
rebuilding plans. Therefore, adjusting P* above the value recommended 
by the SSC would be infrequent and would need to be well justified 
based on new scientific understanding and the Council's risk tolerance. 
Additionally, when requested by the Council, the SSC would recommend 
the ABC for up to 5 years as both a constant value across years and as 
individual annual values for the same period of years. These options 
provide more flexibility to both the Council and SSC in the ABC 
determination.
    The ABC Control Rule Amendments would not change the current ABC 
levels for any species managed under the Snapper-Grouper, Golden Crab, 
and Dolphin and Wahoo FMPs. Modifying the ABC control rules as proposed 
would give the SSC the ability to recommend adjusting or deriving 
uncertainty of future assessment results (ultimately impacting 
projections of future catch) if they determine uncertainty is not 
adequately estimated through information used in the assessment. 
Evaluation of risk tolerance would also be improved by considering 
factors beyond the current PSA and expanding the range of reference 
points used to describe and incorporate relative biomass. For 
unassessed stocks, the proposed modifications would expand the number 
of methods that could be considered for estimating OFL and ABC. The 
addition of economic factors in the ABC control rules would allow the 
Council to better consider the long-term economic implications when 
examining management risk, which could lead to better economic outcomes 
and increase net economic benefits in a fishery for a given species. 
The inclusion of social factors in the ABC control rules would allow 
the Council to directly consider the importance of a given species to 
fishing communities and businesses when determining risk tolerance and 
would have long-term social benefits in the form of a more appropriate 
ABC.

Allow Phase-In of ABC Changes

    Currently, phase-in of ABC changes is not allowed in the Snapper-
Grouper, Dolphin and Wahoo, and Golden Crab FMPs. Comprehensive ABC 
Control Rule Amendment would establish criteria specifying when phase-
in of ABC changes would be allowed and specify the approach for phase-
in of ABC changes.
    The ABC Control Rule Amendments would allow phase-in of increases 
to ABC as specified by the Council, with advice from the SSC and AP. 
Increases to ABC (assuming comparable data between assessments) are 
generally indicative of an increase in relative biomass and improving 
stock condition. This allows greater consideration of ecological, 
social, and economic effects of an increased ABC and flexibility in how 
that change can be implemented. Because ABCs during an increasing 
phase-in would be less than those initially recommended by the SSC, the 
phase-in time period is not limited (it can exceed the maximum 
timeframe specified for phase-in decreases). The Council may specify 
ABC to be less than the SSC's recommended ABC, but may not exceed the 
SSC's recommendation. Phasing in an ABC increase would set ABC below 
the SSC's recommendation. If the phase-in is included in projections 
used to develop the SSC's ABC recommendation, there also may be an 
increase to the recommended long-term ABC (the ABC that persists after 
the phase-in is complete). Thus, phasing in increases to ABC over a 
longer time

[[Page 62312]]

period could result in a greater increase to long-term ABC, and phasing 
in increases over a shorter period could result in a smaller increase 
to long-term ABC.
    Phase-in of ABC decreases are allowed, when a new ABC is less than 
80 percent of the existing ABC, and over no more than 3 years, which is 
the maximum phase in period allowed by the NS1 guidelines. The 
criterion requiring a minimum threshold of difference between the 
current and new ABCs to be 20 percent defines a significant enough 
change to merit phasing in the change, and is more flexible than other 
minimum threshold levels considered in the ABC Control Rule Amendments. 
Phase-ins may be used regardless of the stock relative biomass. The 
Council would consider whether to apply a phase-in on a case-by-case 
basis when specifying a stock ABC through an amendment after a new ABC 
has been recommended by the SSC. A longer phase-in period provides more 
flexibility and allows a more gradual change from the existing ABC to 
the new ABC.
    Phase-in of the ABC is an option the Council can consider to 
address the social and economic effects from management changes. 
Adopting this flexibility does not require the Council to phase-in all 
ABC changes, nor does adopting one approach prevent the Council from 
choosing a more restrictive schedule of ABC phase-in (less than 3 
years). When considering whether to phase-in an ABC change, the Council 
would compare and contrast the risk to the stock against the expected 
social and economic benefits of the alternative ABC. Management 
strategy evaluations may be used to quantify such trade-offs. The 
Council would be able to consult with its scientific and fishery 
advisors to help develop a rationale and implementation plan for phase-
in. The proposed phase-in of ABC changes are consistent with the NMFS 
2020 guidance and incorporates flexibility as per the revised NS1 
guidelines into the FMPs for Snapper-Grouper, Golden Crab, and Dolphin 
and Wahoo.

Allow Carry-Over of Unharvested Portion of ACLs

    Currently, carry-over of unharvested portion of ACLs is not allowed 
in the Snapper-Grouper, Golden Crab, and Dolphin and Wahoo FMPs. The 
ABC Control Rule Amendments would establish criteria specifying 
circumstances when an unharvested portion of the originally specified 
sector ACL can be carried over from 1 year to increase the available 
harvest in the immediate next year. Carry-overs may not be delayed, and 
only amounts from the originally specified sector ACL may be carried 
over. Carry-over of the unharvested portion of a sector ACL would be 
allowed if the stock status is known, the stock is neither overfished 
nor experiencing overfishing, an overfishing limit for the stock is 
defined, and: ABC decreases are not being phased-in; and there are 
measures that restrict annual landings to the ACL; and post-season 
accountability measures (AM) that reduce the ACL in the following year 
according to any landings overages in place for that stock and sector.
    The ABC Control Rule Amendments would also specify limits on how 
much of the unharvested portion of a sector ACL may be carried over 
from 1 year to increase the sector ACL in the next year. The ABC and 
the total ACL may be temporarily increased to allow this carry-over. 
The temporary ABC may not exceed the OFL. The revised total ACL may not 
exceed the temporary ABC or the total ACL plus the carried over amount, 
whichever is less. If a stock experiences overfishing, either as the 
result of a stock assessment or as determined by NMFS' annual 
evaluation of landings, that stock would no longer qualify for carry-
over. Additional conditions to annually qualify for carry-over can be 
added on a stock-by-stock basis. For example, to prevent overharvest of 
other species commonly caught with the target species (referred to as 
co-caught species) during years with a carried-over ACL, a future FMP 
amendment specifying an ABC and ACL with carry-over could additionally 
require that the previous year's harvest for co-caught species also be 
less than or equal to the ACL for carry-over to occur. When applicable, 
the Council would specify whether fisheries that have split seasons or 
sub-sector allocations (such as gear allocations) should be eligible 
for inter-annual carry-over on a case-by-case basis.
    Carry-overs would also be sector-specific. The Snapper-Grouper and 
Dolphin and Wahoo FMPs have commercial and recreational sectors, and 
the Golden Crab FMP includes only a commercial sector. Thus if only one 
sector is carrying over unused ACL, the carried-over amount would be 
allocated completely to that sector, subject to limitations defined 
above. If more than one sector is carrying over unused ACL in the same 
year, each sector carry-over amount would be completely allocated to 
the sector from which it was derived, unless the sum of all carry-over 
amounts plus the specified total ACL is greater than the OFL. In this 
case, the difference between the temporary revised ABC and the 
specified total ACL would be allocated using sector allocation 
percentages specified by the FMP. A revised sector ACL and revised ABC 
would remain in place for a single fishing year. Following a year that 
included carry-over, evaluations of carry-over amounts for future years 
would be based on the ABC and sector ACLs specified by the FMP, not the 
temporarily revised values.
    The proposed carry-over criteria and conditions are consistent with 
the NMFS 2020 guidance. The proposed carry-over criteria and conditions 
would also make carry-over applicable to only a few stocks managed by 
the Council under the Snapper-Grouper FMP at the time this action was 
developed. However, allowing carry-over does fulfill Federal guidance 
on carry-overs that requires allowance of this management tool to be 
included in an FMP, and provide additional management flexibility to 
better enable harvest of optimum yield of a healthy stock.

Modify Framework Procedures

    The current framework procedure for the Snapper-Grouper FMP in the 
regulations at 50 CFR 622.194 was implemented by Amendment 29 in 2015. 
The current framework procedure allows for changes via rulemaking to: 
biomass levels, age-structured analyses, target dates for rebuilding 
overfished species, maximum sustainable yield (MSY) (or proxy), optimum 
yield (OY), ABC, total allowable catch (TAC), quotas (including a quota 
of zero), ACLs, annual catch targets (ACTs), AMs, maximum fishing 
mortality threshold (MFMT), minimum stock size threshold (MSST), trip 
limits, bag limits, size limits, gear restrictions (ranging from 
regulation to complete prohibition), seasonal or area closures, fishing 
year, rebuilding plans, definitions of essential fish habitat (EFH), 
EFH, EFH habitat areas of particular concern (HAPCs), or coral HAPCs, 
restrictions on gear and fishing activities applicable in EFH and EFH 
HAPCs, and establish or modify spawning special management zones 
(SMZs).
    The current framework procedure for the Golden Crab FMP in the 
regulations at 50 CFR 622.252 was implemented by the final rule for the 
original Golden Crab FMP in 1996 (61 FR 43952, August 27, 1996). The 
current framework procedure allows for changes via rulemaking to: 
biomass levels, age-structured analyses, MSY, ABC, TAC, quotas 
(including quotas equal to zero),

[[Page 62313]]

trip limits, minimum sizes, gear regulations and restrictions, permit 
requirements, seasonal or area closures, sub-zones and their management 
measures, time frame for recovery of golden crab if overfished, fishing 
year (adjustment not to exceed 2 months), observer requirements, 
authority for the NMFS Regional Administrator (RA) to close the fishery 
when a quota is reached or is projected to be reached, definitions of 
EFH, EFH HAPCs, or Coral HAPCs.
    The current framework procedure for the Dolphin and Wahoo FMP in 
the regulations at 50 CFR 622.194 was implemented by Amendment 5 to the 
Dolphin and Wahoo FMP in 2014 (79 FR 32878, June 9, 2014). The current 
framework procedure allows for changes via rulemaking to: biomass 
levels, age-structured analyses, target dates for rebuilding overfished 
species, MSY (or proxy), OY, ABC, TAC, quotas (including a quota of 
zero), ACLs, ACTs, AMs, MFMT, MSST, trip limits, bag limits, size 
limits, gear restrictions (ranging from regulation to complete 
prohibition), seasonal or area closures, fishing year, rebuilding 
plans, definitions of EFH, EFH HAPCs, or Coral HAPCs, restrictions on 
gear and fishing activities applicable in EFH and EFH HAPCs, and 
establish or modify spawning SMZs.
    The existing framework procedures for the three FMPs affected by 
the ABC Control Rule Amendments already enable the Council to ask the 
SSC to consider recommending a temporary, higher ABC. However, the 
existing approach is not efficient for changes to catch levels and 
would likely not allow the Council and NMFS to develop and implement 
changes to catch levels, given the timing of Council and SSC meetings, 
the time required to develop a framework action, and the time needed 
for NMFS to implement changes to catch levels within a fishing year 
based on landings from the previous year.
    The ABC Control Rule Amendments would modify the framework 
procedures in the Snapper-Grouper, Golden Crab, and Dolphin and Wahoo 
FMPs to allow for the future transfer, if pre-qualifying criteria are 
met, of an unharvested portion of a stock, total, or sector-specific 
ACL to the following fishing year (details are described in the Allow 
Carry-Over of Unharvested Portion of ACLs section of this notice).
    A future stock assessment must determine if carry-over is possible 
for that species and specify the appropriate catch level. Then, the SSC 
would determine and recommend an ABC to the Council, and the Council 
would develop an FMP amendment or framework action for the species with 
the option of ACL carry-over. If the required rulemaking for a catch 
level change that would follow was implemented by NMFS, then that 
species would be eligible for future carry-over through a subsequent 
abbreviated framework action under the abbreviated framework procedures 
described in the ABC Control Rule Amendments. To support potential 
carry-over justification, a Term of Reference would be added to each 
future stock assessment to project the maximum amount of landings 
beyond the ABC that could be carried over in 1 year while not resulting 
in overfishing or the stock becoming overfished within the projection 
period.
    When the Council develops a subsequent fishery management action in 
response to a stock assessment to specify or revise an ABC and ACL for 
a stock or sector, the Council would determine whether carry-over would 
be authorized, if annual conditions justify a stock or sector ACL 
carry-over. In doing so, the Council would consider the potential need 
for, and benefits of, carry-over for a stock according to criteria 
specified in the ABC control rule. The Council would also consider the 
duration of time when the specified ABC and ACL are effective. An FMP 
amendment or framework action that specifies carry-over for a stock or 
sector would include analysis of the relevant biological, economic, and 
social information necessary to meet the criteria and guidance of the 
ABC control rule.
    Following the conclusion of each fishing year, Council staff would 
notify the Council if any stocks and sectors for which carry-over is 
approved qualify based on the previous year's landings, and may 
necessitate using preliminary landings estimates from the previous year 
if those landings data are not yet finalized. If a stock or sector 
qualifies for carry-over according to specifications of the ABC and 
annual landings meet criteria specified in the ABC control rule, NMFS 
would implement carry-over of eligible landings from the previous year 
via a temporary rule published in the Federal Register through the 
existing FMP framework procedure and rulemaking process.
    The proposed carry-over procedure for eligible fish stocks or 
fishery sectors generally would not require additional AP input or SSC 
recommendation, because input relevant to an ABC being approved with 
potential for carry-over would be part of the prior development process 
for the FMP amendment or framework in which the ABC and ACL for a stock 
or sector are already specified. Application of the carry-over 
procedure is expected to be routine and formulaic.
    The NMFS RA would review the Council's recommendations and 
supporting information. If the RA concurs that the Council's 
recommendations are consistent with the objectives of the applicable 
FMP, the Magnuson-Stevens Act, and all other applicable law, the RA 
would be authorized to implement the Council's proposed action through 
publication of appropriate notification in the Federal Register.
    If the Council chooses to deviate from the criteria and guidance of 
the proposed ABC control rules, this abbreviated process would not 
apply.
    Further details of the proposed process can be found in section 
2.4.1 and Appendix J of the ABC Control Rule Amendments. An example of 
the carry-over can be found in Appendix H of the ABC Control Rule 
Amendments.
    The proposed process would allow carry-overs to occur in a more 
timely manner than that of an FMP amendment or framework action. A 
faster process is necessary due to the year-to-year nature of carry-
overs. Under-harvest of an ACL may only be carried over in the 
immediate next year. Therefore, defining a stock's eligibility and the 
amount of ACL being carried over must occur fast enough that the 
fishery has time to harvest the carried over amount within the fishing 
year following a year of under-harvest. The proposed process also 
provides the Council discretion in determining whether carry-over 
should be applied to a potentially eligible stock when setting the ABC 
and ACL.
    As stated earlier, the ABC Control Rule Amendments would not change 
current ABCs or ACLs for any species managed under the FMPs affected by 
the ABC Control Rule Amendments.

Proposed Rule for Comprehensive ABC Control Rule Amendment

    NMFS has drafted a proposed rule to implement the ABC Control Rule 
Amendments. In accordance with the Magnuson-Stevens Act, NMFS is 
evaluating the proposed rule for the ABC Control Rule Amendments to 
determine whether it is consistent with the FMPs, the Magnuson-Stevens 
Act, and other applicable law. If that determination is affirmative, 
NMFS will publish the proposed rule in the Federal Register for public 
review and comment.

[[Page 62314]]

Consideration of Public Comments

    The Council has submitted ABC Control Rule Amendments for the 
Secretary to review. If approved, the ABC Control Rule Amendments would 
be implemented by NMFS. Comments on the ABC Control Rule Amendments 
must be received no later than November 13, 2023. Comments received 
during the respective comment periods, whether specifically directed to 
the ABC Control Rule Amendments or the proposed rule, will be 
considered by NMFS in the decision to approve, partially approve, or 
disapprove the ABC Control Rule Amendments. All comments received by 
NMFS on the FMP amendments or the proposed rule during their respective 
comment periods will be addressed in a final rule.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: September 6, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-19507 Filed 9-8-23; 8:45 am]
BILLING CODE 3510-22-P


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