Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 65135 

Commission to consider, as part of its 

implementation, the costs of 

‘‘necessary’’ safety and security 

measures, as well as ‘‘differences in 

costs’’ based on facility size, or ‘‘other 

characteristics.’’ It allows the 

Commission to ‘‘use industry-wide 

average costs of telephone service and 

advanced communications services and 

the average costs of service of a 

communications service provider’’ in 

determining just and reasonable rates. 

To ensure that it has the data needed 

to meet its substantive and procedural 

responsibilities under the Act, the 

Commission delegated to WCB and OEA 

authority to ‘‘update and restructure’’ 

the Commission’s latest mandatory data 

collection, the Third Mandatory Data 

Collection (OMB Control No. 3060– 

1300, Inmate Calling Services (ICS) 2022 

One-Time Mandatory Data Collection), 

‘‘as appropriate in light of the 

requirements of the new statute.’’ This 

delegation requires WCB and OEA to 

collect ‘‘data on all incarcerated 

people’s communications services from 

all providers of those services now 

subject to’’ the Commission’s expanded 

ratemaking authority, including, but not 

limited to, requesting ‘‘more recent data 

for additional years not covered by the 

most recent data collection.’’ 

Pursuant to their delegated authority, 

WCB and OEA drafted proposed 

instructions, a reporting template, and a 

certification form for the proposed 2023 

Mandatory Data Collection. Under these 

proposals, IPCS providers would be 

required to submit the required data 

using a reporting template that would be 

filed through the Commission’s 

electronic comment filing system 

(ECFS). The proposed reporting 

template included a Word document 

(Appendix A to the instructions) for 

responses requiring narrative 

information and Excel spreadsheets 

(Appendix B to the instructions) for 

responses that require specific numbers 

or information. IPCS providers would 

also be required to submit an audited 

financial statement or report for 2022, 

and a signed certification of 

truthfulness, accuracy, and 

completeness. The proposed 

instructions, reporting template, and 

certification form would simplify 

compliance with, and reduce the burden 

of, this data collection. 

On April 28, 2023, WCB and OEA 

released the 2023 IPCS Mandatory Data 

Collection Public Notice seeking 

comment on all aspects of the proposed 

instructions, reporting template, and 

certification form. See 2023 IPCS 

Mandatory Data Collection Public 

Notice, WC Docket Nos. 23–62, 12–375, 

DA 23–355 (WCB/OEA April 28, 2023), 

88 FR 27850 (May 3, 2023). After 

considering the comments and reply 

comments filed in response to the 

Public Notice and the 60-Day Notice, 

WCB and OEA released an Order on 

July 26, 2023, adopting the 2023 

Mandatory Data Collection, and issuing 

the related instructions, reporting 

template, and certification form. See 

2023 IPCS Mandatory Data Collection 

Order, WC Docket Nos. 23–62, 12–375, 

DA 23–638 (WCB/OEA July 26, 2023). 

The Order largely implements the 

proposals set forth in the Public Notice, 

with refinements and reevaluations 

responsive to record comments. Under 

the Order, IPCS providers will be 

required to submit data using a 

reporting template to be filed through 

ECFS in accordance with the 

instructions adopted by WCB and OEA. 

The reporting template consists of a 

Word document (Appendix A to the 

instructions) for responses requiring 

narrative information, and Excel 

spreadsheets (Appendix B to 

instructions) for responses that require 

specific numbers and information. IPCS 

providers will also be required to 

submit an audited financial statement or 

report for 2022, and a signed 

certification of truthfulness, accuracy, 

and completeness. 

Federal Communications Commission. 

Lynne Engledow, 

Deputy Chief, Pricing Policy Division, 

Wireline Competition Bureau. 

[FR Doc. 2023–20518 Filed 9–20–23; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 230914–0219] 

RIN 0648–BM27 

Fisheries of the Caribbean, Gulf of 

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

Amendment 53 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations to 

implement Amendment 53 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). For gag, 

this final rule revises the sector annual 

catch limits (ACLs), commercial trip 

limits, recreational bag, vessel, and 

possession limits, and recreational 

accountability measures (AMs). For 

black grouper, this final rule revises the 

recreational bag, vessel, and possession 

limits. In addition, Amendment 53 

establishes a rebuilding plan, and 

revises the overfishing levels, acceptable 

biological catch (ABC), annual optimum 

yield (OY), and sector allocations for 

gag. The purpose of this final rule and 

Amendment 53 is to end overfishing of 

gag, rebuild the stock, and achieve OY 

while minimizing, to the extent 

practicable, adverse social and 

economic effects. 

DATES: This final rule is effective 

October 23, 2023. 

ADDRESSES: Electronic copies of 

Amendment 53, 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/action/ 

amendment-53-rebuilding-plan-gagand-management-gag-and-blackgrouper/. 

FOR FURTHER INFORMATION CONTACT: 

Frank Helies, telephone: 727–824–5305, 

or email: frank.helies@noaa.gov. 

SUPPLEMENTARY INFORMATION: The South 

Atlantic snapper-grouper fishery, which 

includes gag and black grouper, is 

managed under the FMP. The FMP was 

prepared by the Council and 

implemented 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 

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 12, 2023, NMFS published a 

notice of availability for Amendment 53 

and requested public comment (88 FR 

38011). On July 13, 2023, NMFS 

published a proposed rule for 

Amendment 53 and requested public 


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65136 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 

comment (88 FR 44764). NMFS 

approved Amendment 53 on September 

7, 2023, pursuant to section 304(a)(3) of 

the Magnuson-Stevens Act. The 

proposed rule and Amendment 53 

outline the rationale for the actions 

contained in this final rule. A summary 

of the management measures described 

in Amendment 53 and implemented by 

this final rule is described below. 

All weights described in this final 

rule are in gutted weight, unless 

otherwise specified. 

In 2006, the gag stock was assessed 

through the Southeast Data, Assessment, 

and Review (SEDAR) process as a 

benchmark assessment (SEDAR 10). The 

assessment indicated that the gag stock 

was not overfished but was undergoing 

overfishing. In response to SEDAR 10, 

management measures were modified in 

Amendment 16 to the FMP and its final 

rule, including a spawning season 

closure to end overfishing (74 FR 30964, 

July 29, 2009). 

In 2014, the gag stock was assessed 

again through the SEDAR 10 Update as 

a standard assessment. The assessment 

indicated that the gag stock was not 

overfished but was still experiencing 

overfishing. However, the Council’s 

Scientific and Statistical Committee 

(SSC) noted that the fishing mortality 

rate for 2012, and the projected fishing 

mortality rate in 2013, based on the 

actual landings, suggested that 

overfishing did not occur in 2012 and 

2013. Consequently, NMFS determined 

that the gag stock was not undergoing 

overfishing. In response to the SEDAR 

10 Update, the ACLs and management 

measures were modified through 

Regulatory Amendment 22 to the FMP 

and its final rule (80 FR 48277, August 

12, 2015). 

Amendment 53 responds to the most 

recent stock assessment for South 

Atlantic gag (SEDAR 71, 2021). The 

Council’s SSC reviewed SEDAR 71 at 

their June 2021 meeting. The assessment 

used data through 2019, and 

incorporated the revised estimates for 

recreational catch from the Marine 

Recreational Information Program 

(MRIP) Fishing Effort Survey (FES). The 

findings of the assessment indicated 

that the South Atlantic gag stock is 

overfished and undergoing overfishing. 

The SSC found that the assessment was 

conducted using the best scientific 

information available, was adequate for 

determining stock status and supporting 

total fishing level recommendations. 

NMFS notified the Council of the 

updated status of the gag stock via letter 

dated July 23, 2021. 

Following a notification from NMFS 

to a Council that a stock is undergoing 

overfishing and is overfished, the 

Magnuson-Stevens Act requires the 

Council to develop an FMP amendment 

with actions that immediately end 

overfishing and rebuild the affected 

stock. The Council developed 

Amendment 53 to respond to the results 

of SEDAR 71. 

For the gag stock, the Council’s SSC 

recommended ABC values based on a 70 

percent probability of rebuilding in 10 

years and recruitment based on the 

long-term recruitment scenario from 

SEDAR 71. However, in March 2023, the 

NMFS Southeast Fisheries Science 

Center advised the Council that unless 

gag discards were reduced in similar 

proportion to the reduction in landings, 

the probability of rebuilding would be 

below the expected 70 percent 

probability of rebuilding but still be 

expected to be above 50 percent, as set 

forth in the Magnuson-Stevens Act 

National Standard 1 Guidelines (50 CFR 

600.310(j)(3)(i)(A)). The Council 

accepted the SSC’s recommended ABC 

values, as discussed below. 

In Amendment 53, the Council is also 

revising the overfishing limit (OFL) for 

gag, and updating other biological 

reference points. Amendment 53 sets 

the OFL to 367,235 lb (166,575 kg), for 

2023; 494,338 lb (224,228 kg), for 2024; 

605,227 lb (274,526 kg), for 2025; 

706,366 lb (320,402 kg), for 2026; 

808,266 lb (366,623 kg), for 2027; 

912,033 lb (413,691 kg), for 2028; 

1,011,133 lb (458,642 kg), for 2029; 

1,098,379 lb (498,216 kg), for 2030; 

1,171,120 lb (531,211 kg), for 2031; and 

1,230,363 lb (558,083 kg), for 2032 and 

subsequent fishing years. 

The Council intends that Amendment 

53 will end overfishing of South 

Atlantic gag, rebuild the stock, and 

achieve OY while minimizing, to the 

extent practicable, adverse social and 

economic effects. 

Management Measures Contained in 

This Final Rule 

This final rule revises the sector 

ACLs, commercial trip limits, 

recreational bag, vessel, and possession 

limits, and recreational AMs for gag. For 

black grouper, this final rule 

implements recreational vessel limits 

and a prohibition on captain and crew 

bag limit retention for black grouper. 

Total ACLs 

Through the final rule for Regulatory 

Amendment 22 to the FMP, the current 

total ACL and annual OY were set at 

734,350 lb (333,095 kg), which is 95 

percent of the current ABC (80 FR 

48277, August 12, 2015). In Amendment 

53, the Council revises the ABC based 

on SEDAR 71 and the recommendation 

of the SSC, and sets the ABC, ACL, and 

annual OY equal to each other. 

This final rule revises the total ACL 

(and the annual OY) equal to the 

recommended ABC of 175,632 lb 

(79,665 kg), for 2023; 261,171 lb 

(118,465 kg), for 2024; 348,352 lb 

(158,010 kg), for 2025; 435,081 lb 

(197,349 kg), for 2026; 524,625 lb 

(237,966 kg), for 2027; 617,778 lb 

(280,219 kg), for 2028; 711,419 lb 

(322,694 kg), for 2029; 800,088 lb 

(362,914 kg), for 2030; 879,758 lb 

(399,052 kg), for 2031; and 948,911 lb 

(430,419 kg), for 2032 and subsequent 

fishing years. 

Sector Allocations and ACLs 

Amendment 53 revises the 

commercial and recreational allocations 

for gag. The current sector ACLs for gag 

are based on the commercial and 

recreational allocations of the total ACL 

at 51 percent and 49 percent, 

respectively, that were established 

through Amendment 16 to the FMP (74 

FR 30964, July 29, 2009). The Council 

used the distribution of landings from 

1999 through 2003 to determine the 

existing allocations. 

In Amendment 53, the Council is 

adjusting the commercial and 

recreational sector allocations based on 

a unique allocation formula (‘‘split 

reduction method’’) that also accounts 

for the revisions to the calibrated 

recreational landings estimates from the 

MRIP FES. This allocation method 

allows for the reductions in harvest 

needed to achieve the new total ACL 

proportionally for each sector, based 

upon the distribution of landings under 

more recent time periods that the 

Council determined better reflect the 

way the fishery for gag is currently 

operating. The Council chose the 5-year 

average of commercial and recreational 

MRIP FES landings from 2015 through 

2019, and divided the reduction needed 

to achieve the new ACL in 2023 

proportionally among the sectors. Then 

in each subsequent year throughout the 

rebuilding plan, the ACL poundage 

increase is allocated equally between 

both sectors and added to each sector’s 

respective ACL from the previous year. 

These adjustments will result in 

allocation percentages of 49 percent 

commercial and 51 percent recreational 

for 2023 through 2026. Each year 

thereafter would be a 50 percent 

commercial and 50 percent recreational 

allocation. 

The preferred sector allocation 

method chosen by the Council in 

Amendment 53 more fairly deals with 

the initial reduction in landings that 

results from the updated catch levels, 

and reduces the proportion of each 


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Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 65137 

sector’s allowable catch based on recent 

landings so that the impact on each 

sector is more equitable. Similarly, the 

Council noted that the new allocations 

will achieve a balance between the 

needs of both sectors and also increase 

each sector’s allowable catch 

proportionately on a poundage basis 

throughout the rebuilding plan. The 

Council determined that the new 

method distributes both overfishing 

restrictions and recovery benefits for gag 

fairly and equitably among both sectors. 

Thus, the Council and NMFS consider 

this allocation method to be fair and 

equitable to fishery participants in both 

the commercial and recreational sectors. 

In addition, this allocation method is 

also reasonably calculated to promote 

conservation, since it achieves OY while 

it remains within the boundaries of a 

total ACL that is based upon the SSC’s 

ABC recommendation that would end 

overfishing and rebuild the stock, 

incorporating the best scientific 

information available. 

The current commercial ACL for gag 

is 347,301 lb (157,533 kg) and was 

implemented through Amendment 16 to 

the FMP (74 FR 30964, July 29, 2009). 

The revised commercial ACLs in this 

final rule are 85,326 lb (38,703 kg), for 

2023; 128,096 (58,103 kg), for 2024; 

171,687 (77,876 kg), for 2025; 215,051 

(97,545 kg), for 2026; 259,823 (117,854 

kg), for 2027; 306,400 (138,981 kg), for 

2028; 353,220 (160,218 kg), for 2029; 

397,555 (180,328 kg), for 2030; 437,390 

(198,397 kg), for 2031; and 471,966 lb 

(214,080 kg), for 2032 and subsequent 

years. 

The current recreational ACL for gag 

is 359,832 lb (172,807 kg) and was 

implemented through Amendment 16 to 

the FMP (74 FR 30964, July 29, 2009). 

The revised recreational ACLs in this 

final rule are 90,306 lb (40,962 kg), for 

2023; 133,075 lb (60,362 kg), for 2024; 

176,665 lb (80,134 kg), for 2025; 220,030 

lb (99,804 kg), for 2026; 264,802 lb 

(120,112 kg), for 2027; 311,378 lb 

(141,239 kg), for 2028; 358,199 lb 

(162,476 kg), for 2029; 402,533 (182,586 

kg), for 2030; 442,368 lb (200,655 kg), 

for 2031; and 476,945 lb (216,339 kg), 

for 2032 and subsequent years. 

Commercial Trip Limits 

The final rule for Regulatory 

Amendment 14 to the FMP established 

the current commercial trip limit for gag 

of 1,000 lb (454 kg), until 75 percent of 

the commercial quota is met, at which 

time the commercial trip limit is 

reduced to 500 lb (227 kg) for the 

remainder of the fishing year or until 

the commercial quota is met (79 FR 

66316, December 8, 2014). This final 

rule modifies the commercial trip limit 

for gag to 300 lb (136 kg), without a trip 

limit reduction. 

The revised commercial trip limit will 

increase the likelihood of gag remaining 

open to commercial harvest and 

available to consumers for as long as 

possible during the year while reducing 

harvest to end overfishing and ensuring 

rebuilding is achieved. 

Recreational Vessel Limits for Gag and 

Black Grouper 

This final rule establishes a private 

recreational vessel limit for gag and also 

a separate private recreational vessel 

limit for black grouper of two fish per 

vessel per day for each species, not to 

exceed the daily bag limit of one fish 

per person per day (no more than one 

of those fish may be a gag or a black 

grouper), whichever is more restrictive. 

For charter vessel and headboat (forhire) recreational vessels, this final rule 

establishes a vessel limit for gag and 

also a separate vessel limit for black 

grouper of two fish per vessel per trip, 

not to exceed the daily bag limit of one 

fish per person per day (no more than 

one of those fish may be a gag or a black 

grouper), whichever is more restrictive. 

There is currently no recreational 

vessel limit for gag or black grouper. Gag 

and black grouper are often 

misidentified by recreational fishermen. 

Because of these misidentification 

issues between the two species, coupled 

with the need to greatly reduce the 

harvest of gag to end overfishing and 

rebuild the stock, this final rule also 

implements recreational vessel limits 

for both gag and black grouper to help 

with harvest constraints for black 

grouper to indirectly benefit the gag 

portion of the snapper-grouper fishery. 

The current recreational bag and 

possession limits for gag and black 

grouper in the South Atlantic, specified 

by Regulatory Amendment 22 to the 

FMP, are one fish per person per day 

within the three fish aggregate for 

grouper and tilefish, and no more than 

one of those fish may be a gag or a black 

grouper. 

Given the substantial reduction in 

harvest needed to end overfishing 

immediately and to increase the 

likelihood of rebuilding the gag stock, 

the Council decided to establish 

recreational vessel limits for gag that 

will continue to allow recreational 

retention and help constrain harvest to 

the reduced recreational ACL. 

This final rule does not alter the gag 

or black grouper recreational bag limits, 

which will remain one gag or one black 

grouper per person per day within the 

three fish aggregate for grouper and 

tilefish. This final rule establishes per 

day gag and black grouper recreational 

vessel limits for the private angling 

component and per trip gag and black 

grouper vessel limits for the for-hire 

component. These separate vessel limits 

are expected to constrain harvest for 

these two separate components of the 

recreational sector. Because for-hire 

vessels may take multiple trips in a 

single day, the Council determined that 

a per trip maximum vessel limit will 

ensure equal access for new customers 

on a second for-hire trip of the day by 

not requiring discarding of a gag or 

black grouper if one was previously 

caught and kept by a different customer 

on the first trip of a day. 

Prohibition of Captain and Crew Bag 

Limit Retention for Gag and Black 

Grouper 

The captain and crew on a for-hire 

vessel with a Federal for-hire snappergrouper permit may currently retain the 

daily bag limit of gag or black grouper 

as is allowed for each for-hire passenger. 

This final rule sets the gag and black 

grouper bag limit for captain and crew 

on a for-hire vessel with a Federal forhire snapper-grouper permit at zero. The 

Council determined that because of the 

need to constrain the harvest of gag to 

the reduced recreational catch levels 

and because of the misidentification 

issues previously discussed, continuing 

to allow captain and crew to retain a 

daily bag limit of gag or black grouper 

would increase the potential gag harvest 

by recreational for-hire anglers and 

would prevent necessary reductions in 

the harvest of gag from being achieved. 

Recreational AMs 

The current recreational AMs for gag 

were established through Amendment 

34 to the FMP (81 FR 3731, January 22, 

2016). The AM includes an in-season 

closure for the remainder of the fishing 

year if recreational landings reach or are 

projected to reach the recreational ACL, 

regardless of whether the stock is 

overfished. The recreational AM also 

includes post-season adjustments. If 

recreational landings exceed the 

recreational ACL, then during the 

following fishing year recreational 

landings will be monitored for a 

persistence in increased landings. Also, 

if the recreational ACL and total ACL 

are exceeded and gag are overfished, the 

length of the recreational fishing season 

and the recreational ACL are reduced by 

the amount of the recreational ACL 

overage. 

This final rule revises the recreational 

AMs for gag. The current in-season 

closure AM will be retained and the 

post-season recreational AM is revised. 

If recreational landings for gag exceed 

the recreational ACL, the length of the 


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65138 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 

following year’s recreational fishing 

season would be reduced by the amount 

necessary to prevent the recreational 

ACL from being exceeded. The revised 

AM removes the current potential 

duplicate AM application of a reduction 

in the recreational season length and an 

overage adjustment (payback) of the 

recreational ACL overage if the total 

ACL was exceeded. Under this revised 

measure, the AM trigger will not be tied 

to the total ACL, but only to the 

recreational ACL. The revised AM 

modification will ensure that overages 

in the recreational sector do not in turn 

affect the catch levels for the 

commercial sector. Any reduced 

recreational season length as a result of 

the recreational AM being implemented 

will apply to the recreational fishing 

season following the year of a 

recreational ACL overage. Additionally, 

under the revised recreational AM, the 

length of the recreational season will 

not be reduced if the Regional 

Administrator determines, using the 

best scientific information available, 

that such reduction is unnecessary. This 

final rule will not revise the commercial 

AMs because the Council determined 

that the current commercial AM 

remains sufficient to prevent 

commercial landings from exceeding 

either the current or revised commercial 

ACL. 

Management Measures in Amendment 

53 Not Codified by This Final Rule 

In addition to the measures within 

this final rule, Amendment 53 revises 

the OFL for gag and updates other 

biological reference points. Amendment 

53 also establishes a rebuilding plan, 

and revises the ABC, the annual OY, 

and the sector allocations for gag. 

Rebuilding Plan for the South Atlantic 

Gag Stock 

Amendment 53 establishes a 10-year 

rebuilding plan, which is the longest 

allowable rebuilding scenario (Tmax) 

allowed for the gag stock by the 

Magnuson-Stevens Act (16 U.S.C. 

1854(e)(4)(A)). In addition, the 

Magnuson-Stevens Act National 

Standard 1 Guidelines state that if the 

stock is projected to rebuild in 10 years 

or less, then Tmax is 10 years (50 CFR 

600.310(j)(3)(i)(B)(1)). The Council 

intends that their preferred choice of the 

10-year timeframe for rebuilding in 

Amendment 53 beginning in 2023 will 

reduce the severity of the management 

measures and thus result in fewer shortterm negative social and economic 

impacts on fishing communities. 

ABC and Annual OY 

The current OFL of 825,000 lb 

(374,214 kg) and ABC of 773,000 lb 

(350,627 kg) are inclusive of Coastal 

Household Telephone Survey (CHTS) 

estimates of private recreational and 

charter landings. The Council’s SSC 

reviewed the latest stock assessment 

(SEDAR 71) and recommended new 

ABC levels as determined by SEDAR 71. 

The assessment and associated ABC 

recommendations incorporated the 

revised estimates for recreational catch 

and effort from the MRIP Access Point 

Angler Intercept Survey (APAIS) and 

the updated FES. MRIP began 

incorporating a new survey design for 

APAIS in 2013 and replaced the CHTS 

with FES in 2018. Prior to the 

implementation of MRIP in 2008, 

recreational landings estimates were 

generated using the Marine Recreational 

Fisheries Statistics Survey (MRFSS). 

SEDAR 71 used data from the MRIP 

FES, which is considered a more 

reliable estimate of recreational effort by 

the Council’s SSC, the Council, and 

NMFS, and is more robust compared to 

the MRIP CHTS method. The new ABC 

recommendations within Amendment 

53 also represent the best scientific 

information available as determined by 

the SSC. 

The Council chose to specify OY for 

gag 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). 

Comments and Reponses 

NMFS received 10 comment 

submissions from individuals, 

commercial and recreational fishermen, 

and a state agency during the public 

comment period on the notice of 

availability and proposed rule for 

Amendment 53. NMFS acknowledges 

the comments in favor of the actions in 

the Amendment 53 and proposed rule 

and agrees with them. Six comment 

letters were in opposition to one or 

more actions within Amendment 53 or 

the proposed rule. Some comments 

were outside the scope of Amendment 

53 and the proposed rule and are not 

responded to in this final rule, 

including one suggestion to transfer 

management of gag to the South Atlantic 

states. Comments that opposed the 

actions contained in Amendment 53 

and the proposed rule are summarized 

below, along with NMFS’ responses. No 

changes were made to this final rule as 

a result of public comment. 

Comment 1: The commercial trip 

limit for gag should be reduced to 100 

or 150 lb (45 or 68 kg) instead of 300 

lb (136 kg), which would allow the 

commercial fishing season to stay open 

longer. This would reduce regulatory 

discards of gag when other snappergrouper species such as greater 

amberjack are targeted. 

Response: NMFS acknowledges the 

importance of gag to the seafood market 

and commercial fishermen’s preference 

to maintain access to as many species as 

possible throughout the year. The 

majority of commercial trips from 2017 

through 2019 that landed gag with at 

least 1 lb (0.5 kg) of gag landed less than 

the 300 lb (136 kg) trip limit being 

implemented through this final rule. As 

described in Amendment 53, 83 percent 

of commercial trips harvested from 1 to 

250 lb (0.5 to 113 kg) of gag. Limiting 

the commercial harvest from the current 

limit of 1,000 lb (454 kg) to 300 lb (136 

kg) per trip increases the likelihood of 

the gag portion of the fishery remaining 

open and available to consumers for a 

longer time period while reducing 

harvest to end overfishing and ensuring 

rebuilding is achieved. The Council 

considered a trip limit of 200 lb (91 kg), 

but did not select it because they 

determined it would make trips that 

target gag too costly and inefficient for 

commercial harvesters, and a trip limit 

lower than 300 lb (136 kg) would be 

expected to increase the potential for 

regulatory discards. NMFS expects the 

300 lb (136 kg) trip limit to provide a 

better balance between season length 

and profitability than lower trip limits, 

while helping to end overfishing and 

rebuild the stock. 

Comment 2: Recreational vessel limits 

should not be implemented for gag and 

black grouper. Private recreational 

fishing with two or fewer people is 

unaffordable due to the cost of fuel, bait, 

and ice. Each recreational angler should 

be able to keep their own bag limit. 

Also, it is not fair to implement a two 

fish per vessel limit for gag and black 

grouper on headboats that are capable of 

carrying up to 80 individuals. 

Response: Approximately 75 percent 

of all recreational vessels that harvested 

gag harvested one gag or less per vessel 

trip from 2017 through 2019. Given the 

substantial reduction in harvest needed 

to end overfishing immediately and to 

increase the likelihood of rebuilding the 

gag stock, the Council decided to 

establish a vessel limit that would 

continue to allow recreational retention 

while helping constrain harvest to the 

reduced recreational ACL. In an effort to 

reduce the negative economic impact on 

the for-hire component of the 

recreational sector which may take 

multiple for-hire trips in a day, there is 

a separate per-trip vessel limit for the 


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for-hire component and a per-day vessel 

limit for private recreational vessels, to 

acknowledge that most private 

recreational vessels take a single trip in 

a day. 

NMFS acknowledges the potential 

issues with implementing vessel limits 

on headboats. However, approximately 

80 percent of headboats harvested two 

gag per vessel trip or less from 2017 

through 2019. These data suggest a 

vessel limit would not have a large 

impact on reducing recreational harvest 

of gag, but would help, in combination 

with other measures, to constrain 

recreational harvest to the reduced catch 

levels. 

Due to concerns over the 

misidentification of gag and black 

grouper among recreational anglers, the 

final rule will also modify black grouper 

management to maintain consistency in 

the recreational management measures 

between the two species in order to end 

overfishing of gag and rebuild the stock. 

As described in Amendment 53, gag and 

black grouper are similar in appearance, 

have a similar life history and may cooccur with each other, which can create 

confusion when trying to identify 

whether a fish is either a gag or black 

grouper. Misidentified gag and black 

grouper by recreational fishermen is 

prevalent in some areas of the South 

Atlantic. Currently, the recreational 

management measures (size and bag 

limits) for gag and black grouper are the 

same. Altering recreational management 

measures for gag and not for black 

grouper creates more opportunity for 

additional gag to be harvested through 

misidentification and confusion among 

the public. NMFS determined that these 

recreational harvest restrictions on black 

grouper are necessary to ensure the 

rebuilding of gag is successful. 

Comment 3: A more restrictive closed 

season or slot size limits for gag and 

black grouper should be utilized for the 

recreational sector instead of vessel 

limits. 

Response: In developing Amendment 

53, the Council considered changes to 

the gag and black grouper spawning 

season closure for both sectors. Both gag 

and black grouper are currently 

included as part of a seasonal closure 

for both sectors for South Atlantic 

shallow-water grouper during January 

through April each year. However, input 

received from the public during scoping 

and from the Council’s SnapperGrouper Advisory Panel noted that the 

month of May was a very important 

month to keep open for both the 

commercial and recreational sectors. 

The Council determined that the current 

spawning season closure of January 

through April for gag and black grouper 

encompasses peak spawning and that 

additional closed months in May or 

December would not provide enough 

biological benefit to outweigh the loss of 

access to the fishery for both sectors, 

and NMFS agrees. 

Changes to the minimum size limit 

and the potential for establishing a slot 

limit for gag were also considered. The 

current size limit for gag is 24 inches 

(61.0 cm), total length, for both sectors. 

Size limit management changes were 

discussed by the Council in 

development of Amendment 53 because 

of concerns of a scarcity of large, 

mature, male gag being available for 

harvest. Gag are long-lived species that 

change sex from female to male over 

their lifetime. The Council discussed 

the possible benefits of increasing the 

minimum size limit or creating a slot 

limit but there were other concerns 

about increased discards with both size 

limit options. Further, larger gag are 

caught in deep water and experience 

high release mortality. Ultimately, the 

Council decided that increased 

recreational discards would be 

detrimental to the stock and that the 

current minimum size limit is sufficient 

to allow gag a chance to spawn before 

being prosecuted by the fishery. 

Additional management measures for 

black grouper, other than vessel limits, 

are not necessary in Amendment 53 as 

a result of the latest stock assessment for 

gag. 

Comment 4: The recreational sector 

generates more revenue, economic 

activity, and net economic benefits than 

the commercial sector. Allocations for 

gag should not result in a 50/50 split 

among the sectors. 

Response: NMFS disagrees. As stated 

in Amendment 53, there are a minimal 

number of charter trips taken in the 

South Atlantic that target gag, and the 

revenue from those trips cannot be 

solely attributed to a single species. In 

terms of economic activity, even when 

accounting for all recreational modes 

(excluding headboats that participate in 

the Southeast Region Headboat Survey 

for which angler-level data are not 

collected) and attributing the entirety of 

expenditures on trips that target gag 

specifically to gag, the total sales 

impacts are historically far less than 

those estimated for the commercial 

sector. NMFS acknowledges that when 

compared to the status quo, the selected 

allocation percentages in Amendment 

53 result in the lowest total estimated 

net economic benefits of the allocation 

alternatives considered. The current 

sector ACLs for gag are based on the 

commercial and recreational allocations 

of the total ACL at 51 percent and 49 

percent, respectively. Amendment 53 

adjusts the allocation percentages to 

result in 49 percent commercial and 51 

percent recreational for 2023 through 

2026. Each year thereafter would be a 50 

percent commercial and 50 percent 

recreational allocation. However, while 

acknowledging the importance of 

economic benefits in the utilization of 

the gag resource, the Council 

determined that economic efficiency 

was not the sole objective in 

determining an allocation. In reviewing 

the allocation options, the Council 

evaluated the need to reduce the overall 

gag harvest by approximately 70 

percent, when compared to the total 

average landings from 2015 through 

2019, while equitably balancing the 

initial harvest reductions and the later 

harvest increases between the 

commercial and recreational sectors. 

The Council determined, and NMFS 

agrees, that the preferred allocation 

method more fairly deals with the initial 

reduction in landings that results from 

the updated catch levels and reduces 

the proportion of each sector’s allowable 

catch based on recent landings so the 

effect on each sector is more equitable. 

Similarly, the Council noted that the 

preferred allocations would strike a 

balance between the needs of both 

sectors and would increase each sector’s 

allowable catch proportionately on a 

poundage basis throughout the 

rebuilding plan. The Council 

determined that this alternative 

allocates both overfishing restrictions 

and recovery benefits fairly and 

equitably among all sectors that target 

gag. Thus, NMFS agrees that this 

allocation method is fair and equitable 

to fishery participants in both the 

commercial and recreational sectors and 

would be carried out in such a manner 

that no particular individual, 

corporation, or other entity would 

acquire excessive shares. In addition, 

this allocation method is also 

reasonably calculated to promote 

conservation, since it achieves OY while 

it remains within the boundaries of a 

total ACL that is based upon an ABC 

recommendation that would end 

overfishing and rebuild the stock, 

incorporating the best scientific 

information available. 

Comment 5: The proposed vessel 

limit language for gag and black grouper 

in the codified text is confusing and 

should be clarified. The recreational 

vessel limits for gag and black grouper 

should be linked to allow only two of 

either gag or black grouper per trip. 

Response: NMFS disagrees with the 

comment. The vessel limits for gag and 

black grouper in Amendment 53, and in 

the draft proposed regulations that the 

Council reviewed and deemed to be 


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necessary and appropriate to implement 

Amendment 53, are addressed as a 

separate vessel limit for gag and a 

separate vessel limit for black grouper, 

without any mention of a combined 

species vessel limit among the two 

species. Similarly, the proposed rule 

and this final rule also specifically 

describe separate vessel limits for both 

gag and black grouper that are not 

linked. After a review of all relevant 

information, NMFS has determined that 

the recreational vessel limits approved 

by the Council are two gag and two 

black grouper, unless subsequently 

changed in the future. 

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 53, 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. 

A final regulatory flexibility analysis 

(FRFA) was prepared. 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, and NMFS 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). 

NMFS has determined the FRFA is 

consistent with the RFA, and 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 

Comments 1, 2, and 4 in the Comments 

and Responses section of this final rule. 

No changes to this final rule were made 

in response to these public comments. 

No comments were received from the 

Office of Advocacy for the Small 

Business Administration. 

This final rule will: (1) revise the gag 

total ACL and sector ACLs, (2) reduce 

the gag commercial trip limit, (3) revise 

the gag recreational bag and possession 

limits, and establish recreational vessel 

limits, (4) revise the gag recreational 

AMs, and (5) for black grouper revise 

the recreational bag and possession 

limits and establish recreational vessel 

limits. Item (1), the gag total ACL and 

sector ACLs, will apply to all federallypermitted commercial vessels, federallypermitted charter vessels and headboats 

(for-hire vessels), and recreational 

anglers that fish for or harvest gag in 

Federal waters of the South Atlantic. 

Item (2), the gag commercial trip limit, 

will only apply to commercial vessels. 

Items (3), gag recreational bag, vessel, 

and possession limits; (4), gag 

recreational AMs; and (5), black grouper 

recreational bag, vessel, and possession 

limits, will only apply to for-hire vessels 

and recreational anglers. None of these 

changes will directly apply to federallypermitted dealers. Any change in the 

supply of gag available for purchase by 

dealers as a result of this final rule, and 

associated economic effects, would be 

an indirect effect of this regulatory 

action and would therefore fall outside 

the scope of the impacts considered 

under the Regulatory Flexibility Act 

(RFA). 

Although most provisions of this final 

rule will 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 gag catch 

limits and gag and black grouper 

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, secondary 

to any direct effect on anglers and, 

therefore, an indirect effect of this final 

rule. Based on the historically-minimal 

level of charter mode target effort for gag 

and black grouper in the South Atlantic, 

the low retention limit for these species, 

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, any such indirect effects would 

fall outside the scope of the RFA. Forhire captains and crew are currently 

allowed to retain gag and black grouper 

under the recreational bag limits; 

however, they are not allowed to sell 

these fish. As such, for-hire captains 

and crew are only affected as 

recreational anglers. However, under the 

RFA, small entities include small 

businesses, small organizations, and 

small governmental jurisdictions (5 

U.S.C. 601(6) and 601(3)–(5), and 

because recreational anglers are not 

businesses, organizations, or 

governmental jurisdictions, impacts on 

recreational anglers are outside the 

scope of this analysis (5 U.S.C. 603). In 

summary, only the impacts on 

commercial vessels will be discussed. 

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 

2015 through 2019, there were 203 

federally-permitted commercial vessels 

with reported landings of gag in the 

South Atlantic. Their average annual 

vessel-level gross revenue from all 

species for 2015 through 2019 was 

$67,722 (2021 dollars) and gag 

accounted for approximately 10 percent 

of this revenue. For commercial vessels 

that harvest gag in the South Atlantic, 

NMFS estimates that economic profits 

are $677 (2021 dollars) or 1 percent of 

annual gross revenue, on average. The 

maximum annual revenue from all 

species reported by a single one of the 

vessels that harvested gag from 2015 

through 2019 was $638,709 (2021 

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 (North American 

Industry Classification System 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 are directly affected by this final 

rule have been identified. 

This final rule will revise the gag total 

ACLs based on the most recent 

recommendation from the SSC in 

response to the SEDAR 71 (2021) gag 

stock assessment. These new 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 2032 total ACL 

value will remain in effect unless it is 

changed in the future. Relative to the 

current commercial ACL of 347,301 lb 

(157,533 kg) and applying the current 

commercial sector allocation of 51 

percent, the changes to the gag catch 

limits would result in a decrease in the 

commercial ACL during 2023 and 

through 2028 and an increase thereafter, 

as shown in Table 1. However, as 

discussed below, this final rule will also 

modify the percentage of the total ACL 


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that is allocated to the commercial 

sector, and therefore, estimated 

economic effects to small entities are 

considered as part of that discussion 

below. 

TABLE 1—REVISED TOTAL ACLS AND COMMERCIAL ACLS, AS BASED ON CURRENT ALLOCATION PERCENTAGES

Year Revised total ACL in lb 

(kg) 

Revised commercial 

ACL in lb 

(kg) 

Difference between 

revised and current 

commercial ACL in lb 

(kg) 

2023 ............................................................................................. 175,632 (79,665) 89,572 (40,629) ¥257,729 (¥116,904) 

2024 ............................................................................................. 261,171 (118,465) 133,197 (60,417) ¥214,104 (¥97,116) 

2025 ............................................................................................. 348,352 (158,010) 177,660 (80,585) ¥169,641 (¥76,948) 

2026 ............................................................................................. 435,081 (197,349) 221,891 (100,648) ¥125,410 (¥56,885) 

2027 ............................................................................................. 524,625 (237,966) 267,559 (121,363) ¥79,742 (¥36,170) 

2028 ............................................................................................. 617,778 (280,219) 315,067 (142,912) ¥32,234 (¥14,621) 

2029 ............................................................................................. 711,419 (322,694) 362,824 (164,574) 15,523 (7,041) 

2030 ............................................................................................. 800,088 (362,914) 408,045 (185,086) 60,744 (27,553) 

2031 ............................................................................................. 879,758 (399,052) 448,677 (203,516) 101,376 (45,983) 

2032+ ........................................................................................... 948,911 (430,419) 483,945 (219,514) 136,644 (61,981) 

This final rule will set gag sector 

allocations and sector ACLs in 2023 

proportional to each sector’s share of 

total average landings (commercial and 

recreational combined) from 2015 

through 2019. 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. As 

a result, the allocation percentages will 

gradually shift over time. The 2032 

values will remain in effect unless 

changed by future management action. 

As shown in Table 2, the combined 

economic effects of the changes to the 

total ACLs in conjunction with the 

revisions to the commercial allocation 

and ACLs, are estimated to be negative 

from 2023 through 2028 and positive 

thereafter. These estimates assume the 

full commercial ACL is harvested each 

year. Dividing the change in economic 

profits for each year shown in Table 2 

by the average number of vessels with 

reported landings of gag from 2015 

through 2019, the estimated annual 

change in economic profits per vessel 

ranges from ¥$84 (a 12 percent loss per 

vessel) in 2023 (2021 dollars) to $40 (a 

6 percent increase per vessel) in 2032. 

These estimated economic effects are 

changing over time, and the time value 

of money concept suggests money 

earned sooner is more valuable than 

money earned later because of its 

earning potential. Therefore, when 

calculating an average annual effect, it 

is important to discount the future 

stream of benefits and costs back to 

present time to account for an assumed 

rate of return on capital. The net present 

value (NPV) of the estimated stream of 

changes in ex-vessel revenue over a 10- 

year period (2023 through 2032), using 

a 3 percent discount rate, is ¥$4.2 

million (2021 dollars) and the 

annualized NPV during that period is 

¥$490,415. The average annualized 

NPV of changes in ex-vessel revenue 

and economic profits per vessel are 

¥$2,416 and ¥$24, respectively. 

Individual fishing businesses, however, 

may experience varying levels of 

economic effects, depending on their 

fishing practices, operating 

characteristics, and profit maximization 

strategies. 

TABLE 2—COMMERCIAL ALLOCATION, WITH CHANGES IN COMMERCIAL ACL, EX-VESSEL REVENUE, AND ECONOMIC

PROFITS RELATIVE TO THE STATUS QUO COMMERCIAL ACL OF 347,301 lb (157,533 kg) 

Year Commercial 

allocation 

Commercial ACL in lb 

(kg) 

Change in lb (kg) 

relative to no 

action 

Change in 

ex-vessel 

revenue 

relative to 

no action 

(2021 dollars) 

Change in 

economic 

profits 

(2021 dollars) 

2023 ................................................. 0.49 85,326 (38,703) ¥261,975 (¥118,830) ¥$1,705,457 ¥$17,055 

2024 ................................................. 0.49 128,096 (58,103) ¥219,205 (¥99,430) ¥1,427,025 ¥14,270 

2025 ................................................. 0.49 171,687 (77,876) ¥175,614 (¥79,657) ¥1,143,247 ¥11,432 

2026 ................................................. 0.49 215,051 (97,545) ¥132,250 (¥59,988) ¥860,948 ¥8,609 

2027 ................................................. 0.50 259,823 (117,854) ¥87,478 (¥39,679) ¥569,482 ¥5,695 

2028 ................................................. 0.50 306,400 (138,981) ¥40,901 (¥18,552) ¥266,266 ¥2,663 

2029 ................................................. 0.50 353,220 (160,218) 5,919 (2,685) 38,533 385 

2030 ................................................. 0.50 397,555 (180,328) 50,254 (22,795) 327,154 3,272 

2031 ................................................. 0.50 437,390 (198,397) 90,089 (40,864) 586,479 5,865 

2032+ ............................................... 0.50 471,966 (214,080) 124,665 (56,547) 811,569 8,116 

In addition to the changes mentioned 

above, this final rule will reduce the gag 

commercial trip limit to 300 lb (136 kg). 

Under the status quo commercial ACL, 

this would be expected to reduce 

commercial gag landings by 20 percent 

or 46,333 lb (21,016 kg) per year. This 

reduction in landings would represent 

an estimated annual loss of $301,630 

(2021 dollars) in ex-vessel revenue and 

$3,016 in economic profits to the 

commercial sector. However, the trip 

limit will be modified in conjunction 

with the revised commercial ACL (Table 

2) and NMFS expects the commercial 

sector to fully harvest the revised 

commercial ACL, even with the reduced 

commercial trip limit, at least in the 


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beginning years (2023–2025) of the 

rebuilding plan. Therefore, these 

economic effects are initially subsumed 

under those described for the changes to 

the ACLs and allocations (Table 2). In 

later years (2026–2032), the reduced trip 

limit may prevent the full harvest of the 

commercial ACL, thereby reducing the 

economic benefits associated with the 

increasing ACLs; however, landings 

rates for later years are more uncertain. 

In general, reducing the commercial trip 

limit, even if aggregate landings remain 

the same, may reduce the economic 

efficiency of individual trips which, in 

turn, may have negative consequences 

on economic profits. These effects 

cannot be quantified with existing data. 

Three alternatives were considered for 

the action to revise the ABC, based on 

the SSC’s latest recommendations, and 

set the total ACL and annual OY equal 

to it. The first alternative, the no action 

alternative, would retain the existing 

ABC of 773,000 lb (350,627 kg). Under 

this alternative, the total ACL and 

annual OY would remain equivalent to 

95 percent of the current ABC or 

734,350 lb (333,096 kg). Because no 

changes would be made to the current 

catch limits, the first alternative would 

not be expected to change fishing 

practices or commercial harvests of gag, 

nor would it be expected to result in 

direct economic effects. This alternative 

was not selected because it would be 

inconsistent with the SSC’s latest catch 

limit recommendations and the 

transition to the MRIP FES, and 

therefore, would not be based on the 

best scientific information available. 

The second alternative to the action to 

revise the ABC, ACL and annual OY 

would adopt the revised ABCs 

recommended by the SSC; however, it 

would set both the total ACL and annual 

OY equal to 95 percent of the ABC. The 

change in pounds between the total and 

commercial ACLs under this alternative 

relative to those set by this final rule, 

along with the expected change in exvessel revenue, are provided in Table 3. 

Relative to the total ACLs set by this 

final rule and assuming no change to the 

current sector allocations, this 

alternative would reduce the 

commercial ACL by a range of 4,479 lb 

(2,032 kg) in 2023 to 24,197 lb (10,976 

kg) in 2032 and subsequent years (Table 

3). Assuming the commercial ACL 

would be harvested in full under either 

this final rule or the second alternative, 

this translates to a loss in ex-vessel 

revenue of $29,156 to $157,524 (2021 

dollars) and a loss in economic profits 

equal to 1 percent of that or $292 to 

$1,575. The NPV of the estimated 

stream of changes in ex-vessel revenue 

over a 10-year period (2023 through 

2032) relative to the commercial ACLs 

set by this final rule, using a 3 percent 

discount rate, is ¥$777,295 (2021 

dollars) and the annualized NPV during 

that period is ¥$91,123. The average 

annualized NPV of changes in ex-vessel 

revenue and economic profits per vessel 

(assuming 203 affected vessels) are 

¥$449 and ¥$4, respectively. The 

second alternative was not selected 

because the Council determined that it 

would be less effective at achieving the 

objectives of the FMP and that the 

current ACL monitoring mechanisms in 

the South Atlantic, coupled with the 

existing management measures and 

those implemented by this final rule, 

would be sufficient at preventing 

overages, thus not requiring 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 REVISE THE ABC, ACL, AND ANNUAL OY 

Year 

Total ACL set by 

this final rule in lb 

(kg) 

Total ACL under 

alternative 2 in lb 

(kg) 

Difference in 

total ACL in lb 

(kg) 

Difference in 

commercial ACL in 

lb (kg) using 

current allocation 

of 51 percent 

Change in 

potential 

ex-vessel 

revenue 

(2021 dollars) 

2023 ......................................... 175,632 (79,665) 166,850 (75,682) ¥8,782 (¥3,983) ¥4,479 (¥2,032) ¥$29,156 

2024 ......................................... 261,171 (118,465) 248,112 (112,542) ¥13,059 (¥5,923) ¥6,660 (¥3,021) ¥43,356 

2025 ......................................... 348,352 (158,010) 330,934 (150,109) ¥17,418 (¥7,901) ¥8,883 (¥4,029) ¥57,828 

2026 ......................................... 435,081 (197,349) 413,327 (187,482) ¥21,754 (¥9,867) ¥11,095 (¥5,033) ¥72,226 

2027 ......................................... 524,625 (237,966) 498,394 (226,068) ¥26,231 (¥11,898) ¥13,378 (¥6,068) ¥87,090 

2028 ......................................... 617,778 (280,219) 586,889 (266,208) ¥30,889 (¥14,011) ¥15,753 (¥7,145) ¥102,554 

2029 ......................................... 711,419 (322,694) 675,848 (306,559) ¥35,571 (¥16,135) ¥18,141 (¥8,229) ¥118,099 

2030 ......................................... 800,088 (362,914) 760,084 (344,768) ¥40,004 (¥18,146) ¥20,402 (¥9,254) ¥132,819 

2031 ......................................... 879,758 (399,052) 835,770 (379,099) ¥43,988 (¥19,953) ¥22,434 (¥10,176) ¥146,044 

2032+ ....................................... 948,911 (430,419) 901,465 (408,898) ¥47,446 (¥21,521) ¥24,197 (¥10,976) ¥157,524 

The third alternative to the action to 

revise the ABC, ACL and annual OY 

would adopt the revised ABCs 

recommended by the SSC; however, it 

would set both the total ACL and annual 

OY equal to 90 percent of the ABC. The 

change in pounds between the total and 

commercial ACLs under this alternative 

relative to those set by this final rule, 

along with the expected change in exvessel revenue, are provided in Table 4. 

Relative to the total ACLs set by this 

final rule and assuming no change to the 

current sector allocations, this 

alternative would reduce the 

commercial ACL by a range of 8,957 lb 

(4,063 kg) in 2023 to 48,394 lb (21,951 

kg) in 2032 and subsequent years (Table 

4). Assuming the commercial ACL 

would be harvested in full under either 

this final rule or the third alternative, 

this translates to a loss in ex-vessel 

revenue of $58,312 to $315,048 (2021 

dollars) and a loss in economic profits 

equal to 1 percent of that or $583 to 

$3,150. The NPV of the estimated 

stream of changes in ex-vessel revenue 

over a 10-year period (2023 through 

2032) relative to the commercial ACLs 

set by this final rule, using a 3 percent 

discount rate, is ¥$1.6 million (2021 

dollars) and the annualized NPV during 

that period is ¥$182,245. The average 

annualized NPV of changes in ex-vessel 

revenue and economic profits per vessel 

(assuming 203 affected vessels) are 

¥$898 and ¥$9, respectively. The third 

alternative was not selected because the 

Council determined that it would be 

less effective at achieving the objectives 

of the FMP and that the current 

monitoring mechanisms in the South 

Atlantic, coupled with the existing 

management measures and those 

implemented by this final rule, are 

expected to be sufficient at preventing 

overages, thus not requiring a buffer 

between the ABC and total ACL. 


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TABLE 4—DIFFERENCES IN TOTAL ACL, COMMERCIAL ACL, AND EX-VESSEL REVENUE UNDER THE THIRD ALTERNATIVE

TO THE ACTION TO REVISE THE ABC, ACL, AND ANNUAL OY 

Year 

Total ACL set by 

this final rule 

in lb (kg) 

Total ACL under 

Alternative 3 

in lb (kg) 

Difference in 

total ACL 

in lb (kg) 

Difference in 

commercial ACL 

in lb (kg) using 

current allocation 

of 51 percent 

Change in 

potential 

ex-vessel 

revenue 

(2021 dollars) 

2023 ......................................... 175,632 (79,665) 158,069 (71,699) ¥17,563 (¥7,966) ¥8,957 (¥4,063) ¥$58,312 

2024 ......................................... 261,171 (118,465) 235,054 (106,619) ¥26,117 (¥11,846) ¥13,320 (¥6,042) ¥86,711 

2025 ......................................... 348,352 (158,010) 313,517 (142,209) ¥34,835 (¥15,801) ¥17,766 (¥8,059) ¥115,656 

2026 ......................................... 435,081 (197,349) 391,573 (177,615) ¥43,508 (¥19,735) ¥22,189 (¥10,065) ¥144,451 

2027 ......................................... 524,625 (237,966) 472,163 (214,170) ¥52,463 (¥23,797) ¥26,756 (¥12,136) ¥174,181 

2028 ......................................... 617,778 (280,219) 556,000 (252,197) ¥61,778 (¥28,022) ¥31,507 (¥14,291) ¥205,108 

2029 ......................................... 711,419 (322,694) 640,277 (290,425) ¥71,142 (¥32,269) ¥36,282 (¥16,457) ¥236,198 

2030 ......................................... 800,088 (362,914) 720,079 (326,622) ¥80,009 (¥36,291) ¥40,804 (¥18,508) ¥265,637 

2031 ......................................... 879,758 (399,052) 791,782 (359,146) ¥87,976 (¥39,905) ¥44,868 (¥20,352) ¥292,088 

2032+ ....................................... 948,911 (430,419) 854,020 (387,377) ¥94,891 (¥43,042) ¥48,394 (¥21,951) ¥315,048 

Four alternatives were considered for 

the action to revise the gag sector 

allocations and sector ACLs. The first 

alternative, the no action alternative, 

would retain the current commercial 

and recreational sector allocations as 51 

percent and 49 percent, respectively, of 

the revised total ACL for gag. Relative to 

the allocation set by this final rule, the 

first alternative, when applied to the 

total ACLs in Table 1, would result in 

an increase in ex-vessel revenue that 

ranges from $27,641 ($136 per vessel) in 

2023 to $77,983 ($384 per vessel) in 

2032 (Table 5). The NPV of the 

estimated stream of changes in ex-vessel 

revenue over a 10-year period (2023 

through 2032) relative to the allocation 

set by this final rule, using a 3 percent 

discount rate, is $443,067 (2021 dollars) 

and the annualized NPV during that 

period is $51,941. The average 

annualized NPV of changes in ex-vessel 

revenue and economic profits per vessel 

(assuming 203 affected vessels) are $256 

and $3, respectively. The first 

alternative was not selected because the 

Council determined the allocation set by 

this final rule was based on an 

allocation method that incorporated 

more recent landings and was therefore 

a better representation of the gag portion 

of the snapper-grouper fishery moving 

forward. This allocation method also 

provided better fairness and equity 

between the sectors. 

TABLE 5—COMPARISON OF COMMERCIAL ALLOCATION, COMMERCIAL ACL, AND EX-VESSEL REVENUE UNDER THE FIRST

ALTERNATIVE TO THE ALLOCATION SET BY THIS FINAL RULE

Year 

Commercial 

allocation 

set by this 

final rule 

Alternative 1 

allocation 

Commercial ACL 

in lb (kg) under 

Alternative 1 

allocation 

Change in 

commercial ACL 

in lb (kg) under 

Alternative 1 

allocation 

Change in 

potential 

ex-vessel 

revenue 

(2021 dollars) 

2023 ......................................................... 0.49 0.51 89,572 (40,629) 4,246 (1,926) $27,641 

2024 ......................................................... 0.49 0.51 133,197 (60,417) 5,101 (2,314) 33,208 

2025 ......................................................... 0.49 0.51 177,660 (80,585) 5,973 (2,709) 38,884 

2026 ......................................................... 0.49 0.51 221,891 (100,648) 6,840 (3,103) 44,528 

2027 ......................................................... 0.50 0.51 267,559 (121,363) 7,736 (3,509) 50,361 

2028 ......................................................... 0.50 0.51 315,067 (142,912) 8,667 (3,931) 56,422 

2029 ......................................................... 0.50 0.51 362,824 (164,574) 9,604 (4,356) 62,522 

2030 ......................................................... 0.50 0.51 408,045 (185,086) 10,490 (4,758) 68,290 

2031 ......................................................... 0.50 0.51 448,677 (203,516) 11,287 (5,120) 73,478 

2032+ ....................................................... 0.50 0.51 483,945 (219,514) 11,979 (5,434) 77,983 

The second allocation alternative 

would use the distribution of landings 

from 1999 through 2003 to set the 

commercial and recreational sector 

allocations at 36.37 percent and 63.63 

percent, respectively, of the revised total 

ACL for gag. Relative to the allocation 

set by this final rule, the second 

alternative, when applied to the revised 

total ACLs, would result in a decrease 

in ex-vessel revenue that ranges from 

$139,631 ($688 per vessel) in 2023 to 

$825,774 ($4,068 per vessel) in 2032 

(Table 6). The NPV of the estimated 

stream of changes in ex-vessel revenue 

over a 10-year period (2023 through 

2032) relative to the allocation set by 

this final rule, using a 3 percent 

discount rate, is ¥$4.02 million (2021 

dollars) and the annualized NPV during 

that period is ¥$470,854. The average 

annualized NPV of changes in ex-vessel 

revenue and economic profits per vessel 

(assuming 203 affected vessels) are 

¥$2,319 and ¥$23, respectively. The 

second alternative was not selected 

because the Council determined the 

allocation set by this final rule, as well 

as other alternatives that were 

considered, were based on allocation 

methods that incorporated more recent 

landings and were therefore a better 

representation of the gag portion of the 

snapper-grouper fishery moving 

forward. These allocation methods also 

provided better fairness and equity 

between the sectors. 


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TABLE 6—COMPARISON OF COMMERCIAL ALLOCATION, COMMERCIAL ACL, AND EX-VESSEL REVENUE UNDER THE

SECOND ALTERNATIVE TO THE ALLOCATION SET BY THIS FINAL RULE

Year 

Commercial 

allocation 

set by this 

final rule 

Alternative 2 

allocation 

Commercial ACL 

in lb (kg) under 

Alternative 2 

allocation 

Change in 

commercial ACL 

in lb (kg) under 

Alternative 2 

allocation 

Change in 

potential 

ex-vessel 

revenue 

(2021 dollars) 

2023 ..................................................... 0.49 0.3637 63,877 (28,974) ¥21,449 (¥9,729) ¥$139,631 

2024 ..................................................... 0.49 0.3637 94,988 (43,086) ¥33,108 (¥15,018) ¥215,534 

2025 ..................................................... 0.49 0.3637 126,696 (57,468) ¥44,991 (¥20,408) ¥292,894 

2026 ..................................................... 0.49 0.3637 158,239 (71,776) ¥56,812 (¥25,769) ¥369,846 

2027 ..................................................... 0.50 0.3637 190,806 (86,548) ¥69,017 (¥31,306) ¥449,300 

2028 ..................................................... 0.50 0.3637 224,686 (101,916) ¥81,714 (¥37,065) ¥531,959 

2029 ..................................................... 0.50 0.3637 258,743 (117,364) ¥94,477 (¥42,854) ¥615,045 

2030 ..................................................... 0.50 0.3637 290,992 (131,992) ¥106,563 (¥48,336) ¥693,725 

2031 ..................................................... 0.50 0.3637 319,968 (145,135) ¥117,422 (¥53,262) ¥764,417 

2032+ ................................................... 0.50 0.3637 345,119 (156,543) ¥126,847 (¥57,537) ¥825,774 

The third allocation alternative would 

set the commercial and recreational 

sector allocations as 43.06 percent and 

56.94 percent, respectively, of the 

revised total ACL for gag. These 

allocations would be based on historical 

landings information that are equallyweighted for the periods of 1986 

through 2008 and 2006 through 2008. 

Relative to the allocation set by this 

final rule, the third alternative, when 

applied to the revised total ACLs, would 

result in a decrease in ex-vessel revenue 

that ranges from $63,140 ($311 per 

vessel) in 2023 to $412,506 ($2,032 per 

vessel) in 2032 (Table 7). The NPV of 

the estimated stream of changes in exvessel revenue over a 10-year period 

(2023 through 2032) relative to the 

allocation set by this final rule, using a 

3 percent discount rate, is ¥$1.98 

million (2021 dollars) and the 

annualized NPV during that period is 

¥$231,791. The average annualized 

NPV of changes in ex-vessel revenue 

and economic profits per vessel 

(assuming 203 affected vessels) are 

¥$1,142 and ¥$11, respectively. This 

allocation method uses the allocation 

formula often used for unassessed 

stocks, and while this method has been 

used for some assessed stocks, the 

Council decided that the years used in 

this allocation formula would not be the 

most representative of the gag portion of 

the snapper-grouper fishery moving 

forward. 

TABLE 7—COMPARISON OF COMMERCIAL ALLOCATION, COMMERCIAL ACL, AND EX-VESSEL REVENUE UNDER THE THIRD

ALTERNATIVE TO THE ALLOCATION SET BY THIS FINAL RULE

Year 

Commercial 

allocation 

set by this 

final rule 

Alternative 3 

allocation 

Commercial ACL 

in lb (kg) under 

Alternative 3 

allocation 

Change in 

commercial ACL 

in lb (kg) under 

Alternative 3 

allocation 

Change in 

potential 

ex-vessel 

revenue 

(2021 dollars) 

2023 ..................................................... 0.49 0.4306 75,627 (34,304) ¥9,699 (¥4,399) ¥$63,140 

2024 ..................................................... 0.49 0.4306 112,460 (51,011) ¥15,636 (¥7,092) ¥101,789 

2025 ..................................................... 0.49 0.4306 150,000 (68,039) ¥21,687 (¥9,837) ¥141,180 

2026 ..................................................... 0.49 0.4306 187,346 (84,979) ¥27,705 (¥12,567) ¥180,360 

2027 ..................................................... 0.50 0.4306 225,904 (102,468) ¥33,919 (¥15,385) ¥220,816 

2028 ..................................................... 0.50 0.4306 266,015 (120,662) ¥40,385 (¥18,318) ¥262,905 

2029 ..................................................... 0.50 0.4306 306,337 (138,952) ¥46,883 (¥21,266) ¥305,208 

2030 ..................................................... 0.50 0.4306 344,518 (156,271) ¥53,037 (¥24,057) ¥345,272 

2031 ..................................................... 0.50 0.4306 378,824 (171,832) ¥58,566 (¥26,565) ¥381,266 

2032+ ................................................... 0.50 0.4306 408,601 (185,338) ¥63,365 (¥28,742) ¥412,506 

The fourth allocation alternative 

would set gag sector allocations and 

sector ACLs in 2023 proportional to 

each sector’s share of total average 

landings (commercial and recreational 

combined) from 2017 through 2019. 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, in 

effect, would gradually shift the 

allocation percentages. The 2032 values 

would remain in effect unless changed 

by future management action. Relative 

to the allocation set by this final rule, 

the fourth alternative, when applied to 

the revised total ACLs, would result in 

an annual decrease in ex-vessel revenue 

of approximately $110,969 ($547 per 

vessel) (Table 8). The NPV of the 

estimated stream of changes in ex-vessel 

revenue over a 10-year period (2023 

through 2032) relative to the allocation 

set by this final rule, using a 3 percent 

discount rate, is ¥$946,558 (2021 

dollars) and the annualized NPV during 

that period is ¥$110,965. The average 

annualized NPV of changes in ex-vessel 

revenue and economic profits per vessel 

(assuming 203 affected vessels) are 

¥$547 and ¥$5, respectively. The 

fourth alternative was not selected 

because the Council decided that the 

years of average landings used in this 

method did not best represent the gag 

portion of the snapper-grouper fishery. 


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TABLE 8—COMPARISON OF COMMERCIAL ALLOCATION, COMMERCIAL ACL, AND EX-VESSEL REVENUE UNDER THE

FOURTH ALTERNATIVE TO THE ALLOCATION SET BY THIS FINAL RULE

Year 

Commercial 

allocation 

set by this 

final rule 

Alternative 4 

allocation 

Commercial ACL 

in lb (kg) under 

Alternative 4 

allocation 

Change in 

commercial ACL 

in lb (kg) under 

Alternative 4 

allocation 

Change in 

potential 

ex-vessel 

revenue 

(2021 dollars) 

2023 ............................................... 0.49 0.39 68,281 (30,972) ¥17,045 (¥7,731) ¥$110,963 

2024 ............................................... 0.49 0.43 111,051 (50,372) ¥17,045 (¥7,731) ¥110,963 

2025 ............................................... 0.49 0.44 154,641 (70,144) ¥17,046 (¥7,732) ¥110,969 

2026 ............................................... 0.49 0.46 198,006 (89,814) ¥17,045 (¥7,731) ¥110,963 

2027 ............................................... 0.50 0.46 242,778 (110,122) ¥17,045 (¥7,731) ¥110,963 

2028 ............................................... 0.50 0.47 289,354 (131,249) ¥17,046 (¥7,732) ¥110,969 

2029 ............................................... 0.50 0.47 336,175 (152,486) ¥17,045 (¥7,731) ¥110,963 

2030 ............................................... 0.50 0.48 380,509 (172,596) ¥17,046 (¥7,732) ¥110,969 

2031 ............................................... 0.50 0.48 420,344 (190,665) ¥17,046 (¥7,732) ¥110,969 

2032+ ............................................. 0.50 0.48 454,921 (206,349) ¥17,045 (¥7,731) ¥110,963 

Five alternatives were considered for 

the action to reduce the commercial trip 

limit to 300 lb (136 kg). The first 

alternative, the no action alternative, 

would retain the current trip limit, 

which is 1,000 lb (454 kg) until 75 

percent of the commercial ACL is met 

and then 500 lb (227 kg) for the 

remainder of the fishing year or until 

the commercial ACL is met. Therefore, 

it would not be expected to change 

fishing practices or commercial harvests 

of gag, nor would it be expected to 

result in direct economic effects. This 

alternative was not selected because it 

would likely result in a short fishing 

season and limited availability of gag for 

seafood consumers. Additionally, the 

Council did not think that the 

commercial trip limit step-down would 

be able to be effectively implemented in 

a timely manner, particularly in the first 

several years of the rebuilding plan. 

The second alternative to the revised 

commercial trip limit of 300 lb (136 kg) 

would set the commercial trip limit at 

200 lb (91 kg). Under the status quo 

commercial ACL, this would be 

expected to reduce commercial gag 

landings by 32 percent or 74,133 lb 

(33,626 kg) per year. Relative to the 

commercial trip limit set by this final 

rule, the second alternative would result 

in an estimated annual reduction in exvessel revenue that is $180,978 (2021 

dollars) greater and an annual reduction 

in economic profits that is $1,810 

greater. However, because the trip limit 

would be modified in conjunction with 

the revised commercial ACL (Table 2) 

and NMFS expects the commercial 

sector to fully harvest the revised ACL 

even with a 200 lb (91 kg) commercial 

trip limit, at least in the beginning years 

of the rebuilding plan, these economic 

effects would initially be subsumed 

under those described for the revised 

commercial ACLs and allocations. In 

later years, the lower trip limit may 

prevent the full harvest of the 

commercial ACL, thereby reducing the 

economic benefits associated with the 

increasing commercial ACLs; however, 

landings rates for later years are more 

uncertain and these effects cannot be 

quantified with existing data. In general, 

a lower commercial trip limit may 

reduce economic efficiency on trips, 

which may lead to a reduction in 

economic profits. This alternative was 

not selected because a 200 lb (91 kg) trip 

limit would make trips to catch gag too 

costly and inefficient. 

The third alternative to the 

commercial trip limit action would set 

the commercial trip limit at 400 lb (181 

kg). Under the status quo commercial 

ACL, this would be expected to reduce 

commercial gag landings by 13 percent 

or 30,117 lb (13,661 kg) per year. 

Relative to the commercial trip limit set 

by this final rule, this alternative would 

result in an estimated annual reduction 

in ex-vessel revenue that is $105,571 

(2021 dollars) less and an annual 

reduction in economic profits that is 

$1,056 less. However, because the trip 

limit would be modified in conjunction 

with the revised commercial ACL (Table 

2) and NMFS expects the commercial 

sector to fully harvest the revised ACL 

even with the reduced commercial trip 

limit, at least in the beginning years of 

the rebuilding plan, these economic 

effects would initially be subsumed 

under those described for the revised 

commercial ACLs and allocations. In 

later years, a higher trip limit may lead 

to better utilization of the ACL and 

greater economic efficiency, thereby 

increasing the economic benefits 

associated with the increasing 

commercial ACLs. However, landings 

rates for later years are more uncertain 

and these effects cannot be quantified 

with existing data. This alternative was 

not selected because it would not 

constrain harvest to ensure the longest 

commercial season possible under the 

revised catch levels. 

The fourth alternative to the 

commercial trip limit action would set 

the commercial trip limit at 500 lb (227 

kg). Under the status quo commercial 

ACL, this would be expected to reduce 

commercial gag landings by 8 percent or 

18,533 lb (8,406 kg) per year. Relative to 

the commercial trip limit set by this 

final rule, this alternative would result 

in an estimated annual reduction in exvessel revenue that is $180,978 less and 

an annual reduction in economic profits 

that is $1,810 less. However, because 

the trip limit would be modified in 

conjunction with the revised 

commercial ACL (Table 2) and because 

NMFS expects the commercial sector to 

fully harvest the revised ACL even with 

the reduced commercial trip limit, at 

least in the beginning years of the 

rebuilding plan, these economic effects 

would initially be subsumed under 

those described for the revised 

commercial ACLs and allocations. In 

later years, the higher trip limit may 

lead to better utilization of the ACL and 

greater economic efficiency, thereby 

increasing the economic benefits 

associated with the increasing 

commercial ACLs. However, landings 

rates for later years are more uncertain 

and these effects cannot be quantified 

with existing data. This alternative was 

not selected because it would not 

constrain harvest to ensure the longest 

commercial season possible under the 

revised catch levels. 

The fifth and final alternative to the 

commercial trip limit action would 

reduce the gag commercial trip limit to 

300 lb (136 kg) in 2023 then increase the 

commercial trip limit to 500 lb (227 kg) 

in 2026 and to 1,000 lb (454 kg) in 2027 

and subsequent years. In 2023 through 

2025, the commercial trip limit under 

this alternative would be the same as 

the commercial trip limit set by this 


ddrumheller on DSK120RN23PROD with RULES1
65146 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 

final rule and therefore would have 

equivalent economic effects during 

those years. In 2026, the trip limit 

would be set 200 lb (91 kg) greater than 

the trip limit set by this final rule and 

in 2027, and subsequent years it would 

be 700 lb (318 kg) greater. These 

incremental increases may allow for 

greater utilization of the revised 

commercial ACLs and greater economic 

efficiency, leading to potential increases 

in economic profits; however, the 

economic effects cannot be quantified 

with available data given uncertainty in 

future commercial landings rates. This 

alternative was not selected because it 

would increase the trip limit in the 

years specified, regardless of rebuilding 

success and could have negative longterm effects for the fishery. The Council 

decided that if it was appropriate to 

increase the commercial trip limit for 

gag in the future, this could be done 

through a framework action to the FMP 

after data on rebuilding progress are 

provided. 

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 

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 

Accountability measures, Annual 

catch limits, Black grouper, 

Commercial, Fisheries, Fishing, Gag, 

Recreational, South Atlantic. 

Dated: September 15, 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 § 622.187, revise paragraph 

(b)(2)(i) to read as follows: 

§ 622.187 Bag and possession limits. 

* * * * * 

(b) * * * 

(2) * * * 

(i) No more than one fish may be gag 

or black grouper, combined. However, 

no gag or black grouper 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; 

(A) In addition to the bag limits 

specified in this paragraph (b)(2)(i), for 

gag, the vessel limit for a vessel 

operating as a private recreational vessel 

may not exceed 2 fish per vessel per 

day. 

(B) In addition to the bag limits 

specified in this paragraph (b)(2)(i), for 

gag, the vessel limit for a vessel 

operating as a charter vessel or headboat 

may not exceed 2 fish per vessel per 

trip. 

(C) In addition to the bag limits 

specified in this paragraph (b)(2)(i), for 

black grouper, the vessel limit for a 

vessel operating as a private recreational 

vessel may not exceed 2 fish per vessel 

per day. 

(D) In addition to the bag limits 

specified in this paragraph (b)(2)(i), for 

black grouper, the vessel limit for a 

vessel operating as a charter vessel or 

headboat may not exceed 2 fish per 

vessel per trip. 

* * * * * 

■ 3. In § 622.190, revise (a) introductory 

text and paragraph (a)(7) to read as 

follows: 

§ 622.190 Quotas. 

* * * * * 

(a) South Atlantic snapper-grouper, 

excluding wreckfish. The quotas apply 

to persons who are not subject to the bag 

limits. (See § 622.11 for applicability of 

the bag limits.) The quotas are in gutted 

weight, that is eviscerated but otherwise 

whole, except for the quotas in 

paragraphs (a)(4) through (6) of this 

section which are in both gutted weight 

and round weight. 

* * * * * 

(7) Gag. (i) For the 2023 fishing year— 

85,326 lb (38,703 kg). 

(ii) For the 2024 fishing year—128,096 

lb (58,103 kg). 

(iii) For the 2025 fishing year— 

171,687 lb (77,876 kg). 

(iv) For the 2026 fishing year— 

215,051 lb (97,545 kg). 

(v) For the 2027 fishing year—259,823 

lb (117,854 kg). 

(vi) For the 2028 fishing year— 

306,400 lb (138,981 kg). 

(vii) For the 2029 fishing year— 

353,220 lb (160,218 kg). 

(viii) For the 2030 fishing year— 

397,555 lb (180,328 kg). 

(ix) For the 2031 fishing year— 

437,390 lb (198,397 kg). 

(x) For the 2032 and subsequent 

fishing years—471,966 lb (214,080 kg). 

* * * * * 

■ 4. In § 622.191, revise paragraph (a)(7) 

to read as follows: 

§ 622.191 Commercial trip limits. 

* * * * * 

(a) * * * 

(7) Gag. Until the applicable 

commercial quota specified 

§ 622.190(a)(7) is reached—300 lb (136 

kg), gutted weight. See § 622.190(c)(1) 

for the limitations regarding gag after 

the commercial quota is reached. 

* * * * * 

■ 5. In § 622.193, revise paragraph (c) to 

read as follows: 

§ 622.193 Annual catch limits (ACLs), 

annual catch targets (ACTs), and 

accountability measures (AMs). 

* * * * * 

(c) Gag—(1) Commercial sector. (i) If 

commercial landings for gag, as 

estimated by the SRD, reach or are 

projected to reach the commercial ACL 

(commercial quota) specified in 

§ 622.190(a)(7), the AA will file a 

notification with the Office of the 

Federal Register to close the commercial 

sector for gag for the remainder of the 

fishing year. Applicable restrictions 

after a commercial quota closure are 

specified in § 622.190(c). 

(ii) If the commercial landings for gag, 

as estimated by the SRD, exceed the 

commercial ACL specified in 

§ 622.190(a)(7), and the combined 

commercial and recreational ACL 

specified in paragraph (c)(3) of this 

section, is exceeded during the same 

fishing year, and gag are overfished 

based on the most recent Status of U.S. 

Fisheries Report to Congress, the AA 

will file a notification with the Office of 


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Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 65147 

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 gag, 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 if 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 

notification, the bag and possession 

limits for gag in or from the South 

Atlantic EEZ are zero. The recreational 

ACL for gag is 90,306 lb (40,962 kg), 

gutted weight, for 2023; 133,075 lb 

(60,362 kg), gutted weight, for 2024; 

176,665 lb (80,134 kg), gutted weight, 

for 2025; 220,030 lb (99,804 kg), gutted 

weight, for 2026; 264,802 lb (120,112 

kg), gutted weight, for 2027; 311,378 lb 

(141,239 kg), gutted weight, for 2028; 

358,199 lb (162,476 kg), gutted weight, 

for 2029; 402,533 lb (182,586 kg), gutted 

weight, for 2030; 442,368 lb (200,655 

kg), gutted weight, for 2031; 476,945 lb 

(216,339 kg), gutted weight, for 2032 

and subsequent years. 

(ii) If recreational landings, as 

estimated by the SRD, exceed the 

recreational ACL specified in paragraph 

(c)(2)(i) of this section, then during 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 by the 

amount necessary to prevent the 

recreational ACL from being exceeded. 

NMFS will use the best scientific 

information available to determine if 

reducing the length of the recreational 

fishing season is necessary. When the 

recreational sector is closed as a result 

of NMFS reducing the length of the 

recreational fishing season, the bag and 

possession limits for gag in or from the 

South Atlantic EEZ are zero. 

(3) Combined commercial and 

recreational ACL. The combined 

commercial and recreational ACL for 

gag is 175,632 lb (79,665 kg), gutted 

weight, for 2023; 261,171 lb (118,465 

kg), gutted weight, for 2024; 348,352 lb 

(158,010 kg), gutted weight, for 2025; 

435,081 lb (192,349 kg), gutted weight, 

for 2026; 524,625 lb (237,965 kg), gutted 

weight, for 2027; 617,778 lb (280,219 

kg), gutted weight, for 2028; 711,419 lb 

(322,694 kg), gutted weight, for 2029; 

800,088 lb (362,914 kg), gutted weight, 

for 2030; 879,758 lb (399,052 kg), gutted 

weight, for 2031; 948,911 lb (430,419 

kg), gutted weight, for 2032 and 

subsequent years. 

* * * * * 

[FR Doc. 2023–20324 Filed 9–20–23; 8:45 am] 

BILLING CODE 3510–22–P 


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