```

[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Rules and Regulations]
[Pages 65819-65823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20798]

=======================================================================
-----------------------------------------------------------------------

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; 
Snapper-Grouper 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: [email protected].

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

[[Page 65820]]

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

[[Page 65821]]

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 (April-May), 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

[[Page 65822]]

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 Snapper-
Grouper 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

0
1. The authority citation for part 622 continues to read as follows:

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

0
2. In Sec.  622.183, add paragraph (b)(10) to read as follows:

Sec.  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 snapper-grouper 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 Sec.  622.192(g).

Sec.  622.184  [Removed and Reserved]

0
3. Remove and reserve Sec.  622.184.

0
4. In Sec.  622.185, revise paragraph (c)(5) to read as follows:

Sec.  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 Sec.  
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.
* * * * *

0
5. In Sec.  622.190, revise paragraph (a)(3) to read as follows:

Sec.  622.190  Quotas.

* * * * *
    (a) * * *
    (3) Greater amberjack--(i) For the period of March 1 through August 
31 each year.

[[Page 65823]]

    (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).
* * * * *

0
6. In Sec.  622.191, revise paragraph (a)(5) to read as follows:

Sec.  622.191  Commercial trip limits.

* * * * *
    (a) * * *
    (5) Until the applicable commercial quota specified in Sec.  
622.190(a)(3) is reached--1,200 lb (544 kg). See Sec.  622.190(c)(1) 
for the limitations regarding greater amberjack after the applicable 
commercial quota is reached.
* * * * *

0
7. In Sec.  622.193, revise the section heading and paragraph (k) to 
read as follows:

Sec.  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 Sec.  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 Sec.  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
```