Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Rules and Regulations 65819 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen oxides, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: September 18, 2023. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by: 

■ a. Adding paragraphs (c)(389)(i)(B)(7) 

and (c)(441)(i)(B)(4); 

■ b. Revising paragraph (c)(595) 

introductory text; and 

■ c. Adding paragraph (c)(595)(i) to read 

as follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(389) * * * 

(i) * * * 

(B) * * * 

(7) Previously approved on April 20, 

2020, in paragraph (c)(389)(i)(B)(1) of 

this section and now deleted with 

replacement in (c)(595)(i)(A)(1) of this 

section: Rule 501, ‘‘General Permit 

Requirements,’’ adopted on August 12, 

2010. 

* * * * * 

(441) * * * 

(i) * * * 

(B) * * * 

(4) Previously approved on September 

29, 2014, in paragraph (c)(441)(i)(B)(1) 

of this section and now deleted with 

replacement in (c)(595)(i)(A)(2) of this 

section: Rule 502, ‘‘New Source 

Review,’’ amended on August 8, 2013. 

* * * * * 

(595) The following rules and 

additional materials were submitted on 

October 6, 2021, by the Governor’s 

designee as an attachment to a letter 

dated October 6, 2021. 

(i) Incorporation by reference. (A) 

Placer County Air Pollution Control 

District. 

(1) Rule 501, ‘‘General Permit 

Requirements,’’ amended on April 8, 

2021. 

(2) Rule 502, ‘‘New Source Review,’’ 

amended on August 12, 2021. 

(B) [Reserved] 

* * * * * 

■ 3. Section 52.281 is amended by 

adding paragraph (d)(12) to read as 

follows: 

§ 52.281 Visibility protection. 

* * * * * 

(d) * * * 

(12) Placer County Air Pollution 

Control District. 

* * * * * 

[FR Doc. 2023–20673 Filed 9–25–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 230920–0228] 

RIN 0648–BL93 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic 

Region; Amendment 49 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations to 

implement Amendment 49 to the 

Fishery Management Plan for the 

Snapper-Grouper Fishery of the South 

Atlantic Region (FMP), as prepared and 

submitted by the South Atlantic Fishery 

Management Council (Council). For 

greater amberjack, this final rule revises 

the sector annual catch limits (ACLs), 

the commercial minimum size limit, the 

commercial seasonal trip limits, and the 

April spawning season closure. In 

addition, Amendment 49 revises the 

overfishing limit (OFL), acceptable 

biological catch (ABC), annual optimum 

yield (OY), and sector allocations of the 

total ACL, as well as removes the 

recreational annual catch targets (ACTs) 

for species in the FMP. The purpose of 

this final rule and Amendment 49 is to 

ensure catch limits are based on the best 

scientific information available and to 

ensure overfishing does not occur for 

the South Atlantic greater amberjack 

stock, while increasing social and 

economic benefits. 

DATES: This final rule is effective 

October 26, 2023. 

ADDRESSES: An electronic copy of 

Amendment 49, which includes a 

fishery impact statement and a 

regulatory impact review, may be 

obtained from the Southeast Regional 

Office website at https://www.fisheries.

noaa.gov/node/150641. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, telephone: 727–824–5305, or 

email: mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The South 

Atlantic snapper-grouper fishery 

includes greater amberjack and is 

managed under the FMP. The FMP was 

prepared by the Council and is 

implemented by NMFS through 

regulations at 50 CFR part 622 under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

Background 

The Magnuson-Stevens Act requires 

that NMFS and the regional fishery 

management councils prevent 

overfishing and achieve, on a 

continuing basis, the OY from federally 

managed fish stocks. These mandates 

are intended to ensure that fishery 

resources are managed for the greatest 

overall benefit to the Nation, 

particularly with respect to providing 

food production and recreational 

opportunities, and protecting marine 

ecosystems. To further this goal, the 

Magnuson-Stevens Act requires fishery 

managers to minimize bycatch and 

bycatch mortality to the extent 

practicable. 

On June 21, 2023, NMFS published a 

notice of availability for Amendment 49 

and requested public comment (88 FR 

40190). On July 12, 2023, NMFS 

published a proposed rule for 

Amendment 49 and requested public 

comment (88 FR 44244). NMFS 

approved Amendment 49 on September 

15, 2023. The proposed rule and 

Amendment 49 outline the rationale for 

the actions contained in this final rule. 

A summary of the management 

measures described in Amendment 49 

and implemented by this final rule is 

described below. 

In 2008, a stock assessment for greater 

amberjack was completed through the 

Southeast Data, Assessment, and 

Review (SEDAR) process (SEDAR 15), 

and it was determined that the stock 

was not overfished or undergoing 

overfishing. As a result of that stock 

status, the Comprehensive ACL 

Amendment to the FMP (77 FR 15915, 

March 16, 2012) established the current 

total ACL and annual OY. 

The most recent SEDAR stock 

assessment for South Atlantic greater 

amberjack (SEDAR 59) was completed 

in 2020. The assessment included data 

through 2018 and used revised 


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estimates for recreational catch from the 

Marine Recreational Information 

Program (MRIP) based on the Fishing 

Effort Survey (FES). In 2018, the MRIP 

fully transitioned its estimation of 

recreational effort from the Coastal 

Household Telephone Survey (CHTS) to 

the mail-based FES. Estimates of 

recreational catch for greater amberjack 

included in the previous assessment 

were made using the Marine 

Recreational Fisheries Statistics Survey 

(MRFSS) methodology. As explained in 

Amendment 49, total recreational 

fishing effort estimates generated from 

MRIP FES are different than those from 

the MRIP CHTS and MRFSS because 

MRIP FES is designed to more 

accurately measure fishing activity, not 

because there was a sudden change in 

fishing effort. The MRIP FES is 

considered a more reliable estimate of 

recreational effort by the Council’s 

Scientific and Statistical Committee 

(SSC), the Council, and NMFS, and 

more robust compared to the MRFSS 

method previously used to estimate 

recreational catches for greater 

amberjack. The SSC reviewed SEDAR 

59 (2020) and found that the assessment 

was conducted using the best scientific 

information available, and was adequate 

for determining stock status and 

supporting fishing level 

recommendations. The findings of the 

2020 assessment indicated that the 

South Atlantic greater amberjack stock 

is not overfished or undergoing 

overfishing. 

Updated catch and data changes 

incorporated in the assessment provided 

information to update the OFL, ABC, 

annual OY, and ACLs. In response to 

the results of SEDAR 59 (2020), the 

Council subsequently developed 

Amendment 49. 

In addition to the revisions to the 

sector ACLs and seasonal commercial 

quotas, the Council determined that 

further modifications to greater 

amberjack management measures are 

needed to ensure that overfishing does 

not occur, while increasing social and 

economic benefits through sustainable 

harvest of greater amberjack in the 

South Atlantic exclusive economic zone 

(EEZ). Amendment 49 also makes 

changes to the FMP by removing 

recreational ACTs from the FMP to 

make administrative efforts more 

efficient, since the Council has not used, 

and does not anticipate using, 

recreational ACTs for snapper-grouper 

management. 

Management Measures Contained in 

This Final Rule 

This final rule revises the sector 

annual ACLs, seasonal commercial 

quotas, commercial minimum size limit, 

commercial Season 2 trip limit, and the 

April spawning closure for South 

Atlantic greater amberjack. 

Total ACLs 

The current total ACL and annual OY 

for greater amberjack are equal to the 

current ABC of 1,968,001 lb (892,670 

kg), round weight. The current ABC 

includes recreational estimates from the 

MRFSS. In Amendment 49, the Council 

revised the ABC based on SEDAR 59 

and the recommendation of their SSC. 

The fishing year for greater amberjack 

is March 1 through the end of February, 

requiring that ACL values are described 

as a combination of years. This final 

rule revises the total ACL and annual 

OY equal to the recommended ABC of 

3,233,000 lb (1,466,464), round weight, 

for 2023–2024; 2,818,000 lb (1,278,223 

kg), round weight, for 2024–2025; 

2,699,000 lb (1,224,246), round weight, 

for 2025–2026; and 2,669,000 lb 

(1,210,638), round weight, for 2026– 

2027 and subsequent fishing years. 

Sector Allocations and ACLs 

Amendment 49 revises the 

commercial and recreational allocations 

of the total ACL for greater amberjack. 

The current sector ACLs for greater 

amberjack are based on the current 

commercial and recreational allocations 

of the total ACL at 40.66 percent and 

59.34 percent, respectively. The current 

allocations were established by applying 

the formula of sector ACL = ((mean 

landings 2006–2008) * 0.5)) + ((mean 

landings 1986–2008) * 0.5) to the 

landings dataset that were used in the 

Comprehensive ACL Amendment. 

The revised greater amberjack sector 

allocations in Amendment 49 result in 

commercial and recreational allocations 

of 35.00 percent and 65.00 percent, 

respectively. The Council based the 

revised allocations on the current 

allocation equation, updated estimates 

of recreational landings from the MRIP 

FES method, and a consideration of 

economic and social impacts to the 

commercial and recreational sectors. 

The revised sector allocations are 

approximate midpoints between the 

current allocations, and the allocations 

that result from applying the current 

allocation formula to a revised dataset 

that is inclusive of MRIP–FES, which 

results in commercial and recreational 

allocations of the total ACL at 29.84 

percent and 70.16 percent, respectively. 

While the Council increased the 

recreational allocation percentage to 

account for the increase in recreational 

catch estimates under the new MRIP 

FES estimation method, the Council 

chose to increase the recreational 

allocation to 65.00 percent, instead of 

70.16 percent to account for potential 

adverse economic and social impacts to 

the commercial sector. Several recently 

completed stock assessments for other 

snapper-grouper species have indicated 

poor stock status and necessitated 

reduced harvest of these stocks, making 

greater amberjack potentially more 

important to the commercial sector. The 

revised greater amberjack sector 

allocation percentages also approximate 

the average annual total landings 

percentages for each sector from 2010– 

2019. 

NMFS has determined that the sector 

allocations in Amendment 49 will result 

in an appropriate balance between the 

needs of the commercial and 

recreational sectors to maximize harvest 

opportunities and is fair and equitable 

to fishery participants in both sectors. 

This allocation is also reasonably 

calculated to promote conservation and 

is a wise use of the resource, since it 

achieves OY and is based upon an ABC 

that incorporates the best scientific 

information available. NMFS 

acknowledges that the recreational 

sector will benefit with an increase to 

their allocation, and that the 

recreational sector management 

measures and accountability measures 

(AMs) are in place to prevent overages 

of the recreational ACL. 

The commercial quota for greater 

amberjack is equivalent to the 

commercial ACL. The final rule for 

Regulatory Amendment 27 to the FMP 

established two commercial fishing 

seasons and divided the commercial 

quota between the seasons to lengthen 

the greater amberjack commercial 

season and allow for a more equitable 

distribution and price stability of the 

greater amberjack resource throughout 

the South Atlantic (85 FR 4588, January 

27, 2020). Regulatory Amendment 27 

allocated 60 percent of the commercial 

quota to Season 1 (March through 

August), and 40 percent of the quota to 

Season 2 (September through February). 

Any remaining commercial quota from 

Season 1 is added to the commercial 

quota in Season 2. Any remaining quota 

from Season 2 is not carried forward 

into the next fishing year. This final rule 

does not alter the current fishing 

seasons or seasonal allocations of the 

commercial ACL. 

Currently, the commercial ACL is 

769,388 lb (348,989 kg), gutted weight. 

The commercial Season 1 quota is 

461,633 lb (209,393 kg), gutted weight. 

The commercial Season 2 quota is 

307,755 lb (139,595 kg), gutted weight. 

This final rule revises the commercial 

ACLs to be 1,088,029 lb (493,522 kg), 

gutted weight, for 2023–2024; 948,365 


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lb (430,171 kg), gutted weight, for 2024– 

2025; 908,317 lb (412,006 kg), gutted 

weight, for 2025–2026; and 898,221 lb 

(407,426 kg), gutted weight, for 2026– 

2027 and subsequent fishing years. 

The commercial Season 1 quotas will 

be 652,817 lb (296,113 kg), gutted 

weight, for 2023–2024; 569,019 lb 

(258,103 kg), gutted weight, for 2024– 

2025; 544,990 lb (247,203 kg), gutted 

weight, for 2025–2026; and 538,933 lb 

(244,456 kg), gutted weight, for 2026– 

2027 and subsequent fishing years. 

The commercial Season 2 quotas will 

be 435,212 lb (197,409 kg), gutted 

weight, for 2023–2024; 379,346 lb 

(172,068 kg), gutted weight, for 2024– 

2025; 363,327 lb (164,802 kg), gutted 

weight, for 2025–2026; and 359,288 lb 

(162,970 kg), gutted weight, for 2026– 

2027 and subsequent fishing years. 

The current recreational ACL is 

1,167,837 lb (529,722 kg), round weight. 

The recreational ACLs in this final rule 

are 2,101,450 lb (953,202 kg), round 

weight, for 2023–2024; 1,831,700 lb 

(830,845 kg), round weight, for 2024– 

2025; 1,754,350 lb (795,760 kg), round 

weight, for 2025–2026; and 1,734,850 lb 

(786,915 kg), round weight, for 2026– 

2027 and subsequent fishing years. 

Commercial Minimum Size Limit 

The final rule for Amendment 4 to the 

FMP (56 FR 56016, October 31, 1991) 

implemented the current minimum size 

limit for the commercial sector of 36 

inches (91.4 cm), fork length (FL). 

This final rule reduces the 

commercial minimum size limit to 34 

inches (86.4 cm), FL. NMFS has 

determined that reducing the minimum 

size limit should reduce regulatory 

discards, reduce the risk of shark 

depredation, and more align with the 

greater commercial desirability for 

smaller fish. A reduction to 34 inches 

(86.4 cm), FL, is not likely to jeopardize 

the current positive stock status, given 

other management constraints on the 

commercial sector such as in-season 

AMs, trip limits, and split season 

quotas. 

Seasonal Commercial Trip Limits 

The final rule for Regulatory 

Amendment 27 revised the commercial 

trip limit for greater amberjack to the 

current limits of 1,200 lb (544 kg) during 

Season 1, and 1,000 lb (454 kg) during 

Season 2 (in round or gutted weight). 

This final rule increases the Season 2 

trip limit for greater amberjack to 1,200 

lb (544 kg), which should provide more 

regulatory consistency by having the 

same commercial trip limit throughout 

the year. NMFS acknowledges that the 

analyses considered in Amendment 49 

indicate that under the 1,200 lb (544 kg) 

trip limit, the commercial sector is not 

expected to experience a closure in 

Season 2. Having the same trip limit 

throughout the fishing year will best 

meet the purpose of revising the 

commercial trip limit to increase the 

efficiency of commercial fishing for 

greater amberjack, while minimizing 

adverse social and economic effects. 

April Spawning Closure 

The peak spawning month for greater 

amberjack is during April and spawning 

aggregations are vulnerable to fishing 

effort during that time of the year. As a 

result of concerns of high catch rates of 

greater amberjack in spawning 

aggregations, the final rule for 

Amendment 4 implemented a spawning 

season closure for the commercial 

harvest of greater amberjack during 

April, in which commercial fishermen 

were restricted to a 3 fish per person per 

day limit (the same as the recreational 

bag limit at the time). To further 

enhance the protection to spawning 

greater amberjack, the final rule for 

Amendment 9 to the FMP revised those 

commercial possession limits and the 

sale and purchase restrictions (64 FR 

3624, February 24, 1999). Currently, 

during April each year, for both the 

commercial and recreational sectors, no 

person may sell or purchase a greater 

amberjack harvested from the South 

Atlantic EEZ and the harvest and 

possession limit is one per person per 

day or one per person per trip, 

whichever is more restrictive. 

This final rule revises the April 

spawning closure restrictions for both 

the commercial and recreational sectors 

from April 1 through April 30, to not 

allow any person to fish for, harvest, or 

possess a greater amberjack from the 

South Atlantic EEZ and the harvest and 

possession limits will be zero. The sale 

or purchase of greater amberjack will 

continue to be prohibited in April. The 

additional protections will be beneficial 

for greater amberjack during this portion 

of their peak spawning period (AprilMay), and NMFS agrees that both 

sectors should be included in this effort 

by not allowing either sector to harvest 

greater amberjack. 

Management Measures in Amendment 

49 Not Codified by This Final Rule 

In addition to the measures within 

this final rule, Amendment 49 revises 

the OFL for greater amberjack and sets 

the total ACL and annual OY equal to 

the ABC. The amendment also revises 

the sector allocations as described 

above. Additionally, the use of the 

recreational ACT is removed for species 

managed under the FMP. 

OFL, ABC, and Annual OY 

As implemented through the 

Comprehensive ACL Amendment, the 

current OFL for greater amberjack is 

2,005,000 lb (909,453 kg), round weight. 

The current total ACL and annual OY 

are equal to the ABC of 1,968,001 lb 

(892,670 kg), round weight. All of these 

current values include recreational 

landings for greater amberjack tracked 

using MRFSS estimation methods, and 

these values were based on the SEDAR 

15 stock assessment (2008). 

In 2021, the Council’s SSC 

recommended to the Council new OFL 

and ABC levels based on SEDAR 59 

(2020). As discussed above, SEDAR 59 

and the associated OFL and ABC 

recommendations for greater amberjack 

incorporated the revised estimates for 

recreational catch and effort from the 

MRIP FES. The Council accepted the 

SSC’s recommendations, and the 

Council’s choice of new OFL and ABC 

values within Amendment 49 also 

represent the best scientific information 

available as determined by the Council’s 

SSC and NMFS. 

As described in Amendment 49, the 

revised OFL values are 3,283,000 lb 

(1,489,144 kg), round weight, for 2023; 

2,839,000 lb (1,287,749 kg), round 

weight, for 2024; 2,719,000 lb (1,233,318 

kg), round weight, for 2025; and 

2,691,000 lb (1,220,617 kg), round 

weight, for 2026. 

The Council chose to specify OY for 

greater amberjack on an annual basis 

and set it equal to the ABC and total 

ACL, in accordance with the guidance 

provided in the Magnuson-Stevens Act 

National Standard 1 Guidelines at 50 

CFR 600.310(f)(4)(iv). 

Recreational ACTs 

Recreational ACTs for the species in 

the FMP were established through the 

Comprehensive ACL Amendment to 

account for uncertainty in recreational 

catch estimates. They are calculated 

using the formula: ACT = ACL * [(1– 

PSE) OR 0.5, whichever is greater], 

where ACL is the recreational ACL and 

PSE is the average of percent standard 

errors for recreational harvest estimates 

from the 5 most recent years of data. 

Recreational ACTs for snapper-grouper 

are not codified in the regulations, and 

are not currently used for management 

purposes. However, because the 

recreational ACT is derived from the 

recreational ACL, the recreational ACT 

values have continued to be updated in 

the FMP when ACLs are changed. 

This final rule removes recreational 

ACTs for species managed under the 

FMP, from both individual species and 

complexes. Removing recreational ACTs 


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from the FMP will make administrative 

efforts by the Council more efficient, 

since the Council has not actively used 

the ACTs, and does not anticipate using 

them for management in the FMP. 

Comments and Reponses 

NMFS received three comments from 

the public during the comment period 

on the notice of availability and the 

proposed rule for Amendment 49. 

NMFS agrees with the one comment in 

favor of the actions in Amendment 49 

and the proposed rule. Comments that 

were outside the scope of Amendment 

49 and the proposed rule, including 

comments about shark management, are 

not addressed further in this final rule. 

One comment which opposed some 

actions in Amendment 49 and the 

proposed rule is summarized below, 

along with NMFS’ response. No changes 

were made to this final rule as a result 

of public comment. 

Comment 1: The commercial 

minimum size limit should not be 

reduced while the commercial catch 

limits are simultaneously increased. 

There is not enough scientific evidence 

to support these proposed changes in 

Amendment 49. 

Response: NMFS disagrees that 

implementing a commercial size 

minimum limit reduction and a catch 

limit increase should not occur. 

Amendment 49 is based on the most 

recent stock assessment for South 

Atlantic greater amberjack (SEDAR 59, 

2020). NMFS has determined that the 

assessment was conducted using the 

best scientific information available and 

was adequate for determining stock 

status and supporting fishing level 

recommendations. As described in 

Amendment 49, SEDAR 59 determined 

that the South Atlantic greater 

amberjack stock is not overfished or 

undergoing overfishing. Catch level and 

data changes incorporated in the 

assessment provided information to 

update the OFL, ABC, annual OY, and 

ACLs. The new OFL and ABC are based 

on results of the stock assessment, and 

the total ACL and annual OY are also 

revised based on the assessment. 

Therefore, NMFS determines that 

Amendment 49 and this final rule that 

increases the harvest levels for greater 

amberjack in the South Atlantic based 

on SEDAR 59 is consistent with the best 

scientific information available. NMFS 

considers these harvest levels to be 

sustainable and will not negatively 

impact the health of the stock. 

The action to reduce the commercial 

minimum size limit was included in 

Amendment 49 in response to public 

feedback received during the 

development of the amendment and 

also from the Council’s SnapperGrouper Advisory Panel. The reduction 

of the commercial minimum size limit 

from 36 inches (91.4 cm), FL, to 34 

inches (86.4 cm), FL, is expected to 

increase commercial harvest but also 

reduce regulatory discards by allowing 

a larger amount of smaller fish that 

would be discarded to be kept, reduce 

the risk of shark depredation, and align 

with the greater commercial desirability 

for smaller fish. 

NMFS has determined that reducing 

the commercial minimum size limit 

while also increasing catch limits is 

appropriate and meets the purpose of 

increasing efficiency of commercial 

fishing for greater amberjack while 

helping to minimize adverse social and 

economic effects. NMFS believes that 

these changes are not likely to 

jeopardize the positive stock status, 

given other management constraints on 

the commercial sector such as in-season 

AMs, trip limits, and split season 

quotas. 

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 49, the FMP, the 

Magnuson-Stevens Act, and other 

applicable laws. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The Magnuson-Stevens Act provides 

the statutory basis for this rule. No 

duplicative, overlapping, or conflicting 

Federal rules have been identified. 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. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. 

This final rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

List of Subjects in 50 CFR Part 622 

Commercial, Fisheries, Fishing, 

Greater amberjack, Recreational, South 

Atlantic. 

Dated: September 20, 2023. 

Samuel D. Rauch, III 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS amends 50 CFR part 

622 as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

■ 2. In § 622.183, add paragraph (b)(10) 

to read as follows: 

§ 622.183 Area and seasonal closures. 

* * * * * 

(b) * * * 

(10) Greater amberjack spawning 

season closure. From April 1 through 

April 30, each year, no person may fish 

for, harvest, or possess in or from the 

South Atlantic EEZ any greater 

amberjack. For a person on board a 

vessel for which a valid Federal 

commercial or charter vessel/headboat 

permit for South Atlantic snappergrouper has been issued, these 

prohibitions against fishing, harvesting, 

or possessing apply in the South 

Atlantic, i.e., in state or Federal waters. 

Such greater amberjack are also subject 

to the prohibition on sale or purchase, 

as specified in § 622.192(g). 

§ 622.184 [Removed and Reserved] 

■ 3. Remove and reserve § 622.184. 

■ 4. In § 622.185, revise paragraph (c)(5) 

to read as follows: 

§ 622.185 Size limits. 

* * * * * 

(c) * * * 

(5) Greater amberjack—28 inches 

(71.1 cm), fork length, for a fish taken 

by a person subject to the bag limit 

specified in § 622.187(b)(1) and 34 

inches (86.4 cm), fork length, for a fish 

taken by a person not subject to the bag 

limit. 

* * * * * 

■ 5. In § 622.190, revise paragraph (a)(3) 

to read as follows: 

§ 622.190 Quotas. 

* * * * * 

(a) * * * 

(3) Greater amberjack—(i) For the 

period of March 1 through August 31 

each year. 


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(A) For the 2023–2024 fishing year, 

652,817 lb (296,113 kg). 

(B) For the 2024–2025 fishing year, 

569,019 lb (258,103 kg). 

(C) For the 2025–2026 fishing year, 

544,990 lb (247,203 kg). 

(D) For the 2026–2027 and subsequent 

fishing years, 538,933 lb (244,456 kg). 

(ii) For the period of September 1 

through the end of February each year. 

(A) For the 2023–2024 fishing year, 

435,212 lb (197,409 kg). 

(B) For the 2024–2025 fishing year, 

379,346 lb (172,068 kg). 

(C) For the 2025–2026 fishing year, 

363,327 lb (164,802 kg). 

(D) For the 2026–2027 and subsequent 

fishing years, 359,288 lb (162,970 kg). 

* * * * * 

■ 6. In § 622.191, revise paragraph (a)(5) 

to read as follows: 

§ 622.191 Commercial trip limits. 

* * * * * 

(a) * * * 

(5) Until the applicable commercial 

quota specified in § 622.190(a)(3) is 

reached—1,200 lb (544 kg). See 

§ 622.190(c)(1) for the limitations 

regarding greater amberjack after the 

applicable commercial quota is reached. 

* * * * * 

■ 7. In § 622.193, revise the section 

heading and paragraph (k) to read as 

follows: 

§ 622.193 Annual catch limits (ACLs) and 

accountability measures (AMs). 

* * * * * 

(k) Greater amberjack—(1) 

Commercial sector. 

(i) If commercial landings for greater 

amberjack, as estimated by the SRD, 

reach or are projected to reach the 

applicable commercial ACL 

(commercial quota) specified in 

§ 622.190(a)(3), the AA will file a 

notification with the Office of the 

Federal Register to close the commercial 

sector for that portion of the fishing year 

applicable to the respective quota. 

Applicable restrictions after a 

commercial quota closure are specified 

in § 622.190(c). 

(ii) If commercial landings for greater 

amberjack, as estimated by the SRD, 

exceed the commercial ACL, and the 

combined commercial and recreational 

ACL as specified in paragraph (k)(3) of 

this section is exceeded during the same 

fishing year, and the species 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 in the 

following fishing year by the amount of 

the commercial ACL overage in the 

prior fishing year. The total commercial 

ACL is 1,088,029 lb (493,522 kg), gutted 

weight, for the 2023–2024 fishing year; 

948,365 lb (430,171 kg), gutted weight, 

for the 2024–2025 fishing year; 908,317 

lb (412,006 kg), gutted weight, for the 

2025–2026 fishing year; and 898,221 lb 

(407,426 kg), gutted weight, for the 

2026–2027 and subsequent fishing 

years. 

(2) Recreational sector. (i) If 

recreational landings for greater 

amberjack, as estimated by the SRD, 

reach or are projected to reach the 

recreational ACL, 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 of whether the stock 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 greater amberjack in or from 

the South Atlantic EEZ are zero. The 

recreational ACL is 2,101,450 lb 

(953,202 kg), round weight, for the 

2023–2024 fishing year; 1,831,700 lb 

(830,845 kg), round weight, for the 

2024–2025 fishing year; 1,754,350 lb 

(795,760 kg), round weight, for the 

2025–2026 fishing year; and 1,734,850 

lb (786,915 kg), round weight, for the 

2026–2027 and subsequent fishing 

years. 

(ii) If recreational landings for greater 

amberjack, 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 

recreational ACL by the amount of the 

recreational ACL overage, if the species 

is overfished based on the most recent 

Status of U.S. Fisheries Report to 

Congress, and if the combined 

commercial and recreational ACL 

specified in paragraph (k)(3) of this 

section, is exceeded during the same 

fishing year. The AA will use the best 

scientific information available to 

determine if reducing the length of the 

recreational 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 greater amberjack 

in or from the South Atlantic EEZ are 

zero. 

(3) Combined commercial and 

recreational ACLs. The combined 

commercial and recreational ACL for 

greater amberjack is 3,233,000 lb 

(1,466,464 kg), round weight, for the 

2023–2024 fishing year; 2,818,000 lb 

(1,278,223 kg), round weight, for the 

2024–2025 fishing year; 2,699,000 lb 

(1,224,246 kg), round weight, for the 

2025–2026 fishing year; and 2,669,000 

lb (1,210,638 kg), round weight, for the 

2026–2027 and subsequent fishing 

years. 

* * * * * 

[FR Doc. 2023–20798 Filed 9–25–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 221223–0282; RTID 0648– 

XD393] 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Quota Transfer From North Carolina to 

Virginia 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of quota transfer. 

SUMMARY: NMFS announces that the 

State of North Carolina is transferring a 

portion of its 2023 commercial summer 

flounder quota to the Commonwealth of 

Virginia. This adjustment to the 2023 

fishing year quota is necessary to 

comply with the Summer Flounder, 

Scup, and Black Sea Bass Fishery 

Management Plan quota transfer 

provisions. This announcement informs 

the public of the revised 2023 

commercial quotas for North Carolina 

and Virginia. 

DATES: Effective September 25, 2023, 

through December 31, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Laura Deighan, Fishery Management 

Specialist, (978) 281–9184. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found in 50 CFR 

648.100 through 648.111. These 

regulations require annual specification 

of a commercial quota that is 

apportioned among the coastal states 

from Maine through North Carolina. The 

process to set the annual commercial 

quota and the percent allocated to each 

state is described in § 648.102 and final 

2023 allocations were published on 

January 3, 2023 (88 FR 11). 

The final rule implementing 

Amendment 5 to the Summer Flounder 

Fishery Management Plan (FMP), as 


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