76696 Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations 

needed. If at any time during the 

monitoring period data indicate that 

protective status under the Act should 

be reinstated, we can initiate listing 

procedures, including, if appropriate, 

emergency listing. 

We are delisting island bedstraw and 

Santa Cruz Island dudleya based on our 

analysis in the SSA report, expert 

opinions, and conservation and 

recovery actions taken. Since delisting 

would be, in part, due to conservation 

actions taken by stakeholders, we have 

prepared PDM plans for island bedstraw 

and Santa Cruz Island dudleya. The 

PDM plans: (1) Summarize the status of 

island bedstraw and Santa Cruz Island 

dudleya at the time of proposed 

delisting; (2) describe frequency and 

duration of monitoring; (3) discuss 

monitoring methods and potential 

sampling regimes; (4) define what 

potential triggers will be evaluated to 

address the need for additional 

monitoring; (5) outline reporting 

requirements and procedures; (6) 

establish a schedule for implementing 

the PDM plans; and (7) define 

responsibilities. It is our intent to work 

with our partners towards maintaining 

the recovered status of island bedstraw 

and Santa Cruz Island dudleya. With the 

publication of the proposed rule, we 

sought public and peer reviewer 

comments on the draft PDM plans, 

including their objectives and 

procedures, and have incorporated these 

comments as appropriate into the final 

PDM plans, which will be posted to 

https://www.regulations.gov under 

Docket No. FWS–R8–ES–2022–0066 and 

are available as indicated above in 

ADDRESSES. 

Required Determinations 

National Environmental Policy Act (42 

U.S.C. 4321 et seq.) 

We have determined that 

environmental assessments and 

environmental impact statements, as 

defined under the authority of the 

National Environmental Policy Act 

(NEPA; 42 U.S.C. 4321 et seq.), need not 

be prepared in connection with 

determining a species’ listing status 

under the Endangered Species Act. We 

published a notice outlining our reasons 

for this determination in the Federal 

Register on October 25, 1983 (48 FR 

49244). 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994 

(Government-to-Government Relations 

with Native American Tribal 

Governments; 59 FR 22951), Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments), and the Department of 

the Interior’s manual at 512 DM 2, we 

readily acknowledge our responsibility 

to communicate meaningfully with 

federally recognized Tribes on a 

government-to-government basis. In 

accordance with Secretarial Order 3206 

of June 5, 1997 (American Indian Tribal 

Rights, Federal–Tribal Trust 

Responsibilities, and the Endangered 

Species Act), we readily acknowledge 

our responsibilities to work directly 

with Tribes in developing programs for 

healthy ecosystems, to acknowledge that 

Tribal lands are not subject to the same 

controls as Federal public lands, to 

remain sensitive to Indian culture, and 

to make information available to Tribes. 

No Tribal lands are associated with this 

final rule, and we did not receive any 

comments from any Tribes or Tribal 

members on the proposed rule (87 FR 

73722, December 1, 2022). 

References Cited 

A complete list of references cited in 

this rulemaking is available on the 

internet at https://www.regulations.gov 

and upon request from the Ventura Fish 

and Wildlife Office (see FOR FURTHER

INFORMATION CONTACT). 

Authors 

The primary authors of this final rule 

are staff members of the Fish and 

Wildlife Service’s Species Assessment 

Team and the Ventura Fish and Wildlife 

Office. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Plants, Reporting and 

recordkeeping requirements, 

Transportation, Wildlife. 

Regulation Promulgation 

Accordingly, we hereby amend part 

17, subchapter B of chapter I, title 50 of 

the Code of Federal Regulations, as set 

forth below: 

PART 17—ENDANGERED AND 

THREATENED WILDLIFE AND PLANTS 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 1531– 

1544; and 4201–4245, unless otherwise 

noted. 

§ 17.12 [Amended] 

■ 2. In § 17.12, amend paragraph (h) in 

the List of Endangered and Threatened 

Plants by removing the entries for 

‘‘Dudleya nesiotica’’ and ‘‘Galium 

buxifolium’’ under Flowering Plants. 

Martha Williams, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 2023–23937 Filed 11–6–23; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 231101–0256] 

RIN 0648–BM12 

Fisheries of the Caribbean, Gulf of 

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

Amendment 52 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations to 

implement Amendment 52 to the 

Fishery Management Plan for the 

Snapper-Grouper Fishery of the South 

Atlantic (FMP), as submitted by the 

South Atlantic Fishery Management 

Council (the Council). For golden 

tilefish, this final rule revises the annual 

catch limits (ACLs), commercial 

longline component fishing season, and 

recreational accountability measures 

(AMs). For blueline tilefish, this final 

rule reduces the recreational bag limit, 

modifies the possession limits, and 

revises the recreational AMs. In 

addition, Amendment 52 updates the 

acceptable biological catch (ABC), 

overfishing limit (OFL), and annual 

optimum yield (OY). The purpose of 

this final rule and Amendment 52 is to 

respond to the most recent stock 

assessment for golden tilefish, and to 

prevent recreational landings from 

exceeding the recreational ACLs for 

golden tilefish and blueline tilefish. 

DATES: This final rule is effective 

December 7, 2023. 

ADDRESSES: Electronic copies of 

Amendment 52, 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-52- 

changes-catch-levels-allocationsaccountability-measures-andmanagement. 


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FOR FURTHER INFORMATION CONTACT: 

Karla Gore, telephone: 727–824–5305, 

or email: karla.gore@noaa.gov. 

SUPPLEMENTARY INFORMATION: The South 

Atlantic snapper-grouper fishery, which 

includes golden tilefish and blueline 

tilefish, is managed under the FMP. The 

FMP was developed 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 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 August 3, 2023, NMFS published 

a notice of availability for Amendment 

52 and requested public comment (88 

FR 51255). On August 24, 2023, NMFS 

published a proposed rule for 

Amendment 52 and requested public 

comment (88 FR 57916). NMFS 

approved Amendment 52 on October 

30, 2023. The proposed rule and 

Amendment 52 outline the rationale for 

the actions contained in this final rule. 

A summary of the management 

measures described in Amendment 52 

and implemented by this final rule is 

provided below. 

All weights described in this final 

rule are in gutted weight unless 

otherwise specified. 

The South Atlantic stock of golden 

tilefish was first assessed through the 

Southeast Data, Assessment, and 

Review (SEDAR) process in 2004 

(SEDAR 4). In response to the 

assessment, the Council submitted 

management measures in Amendment 

13C to the FMP. The final rule to 

implement Amendment 13C specified a 

commercial quota for golden tilefish of 

295,000 lb. (133,810 kg); a commercial 

trip limit for golden tilefish of 4,000 lb 

(1,814 kg), and, if 75 percent of the 

quota is landed on or before September 

1, then a reduction of the trip limit to 

300 lb (136 kg); and a recreational bag 

limit of one golden tilefish per person 

per day included within the fivegrouper aggregate bag limit (71 FR 

55096, September 21, 2006). The 

Council submitted sector allocations for 

golden tilefish in Amendment 17B to 

the FMP, allocating 97 percent of the 

ACL to the commercial sector and 3 

percent of the ACL to the recreational 

sector. In addition, for golden tilefish, 

the final rule for Amendment 17B 

specified: a total ACL of 291,566 lb 

(132,252 kg), a commercial ACL of 

282,819 lb (128,285 kg), and a 

recreational ACL of 1,578 fish; 

commercial and recreational AMs; and 

a longline endorsement for the 

commercial component of golden 

tilefish (75 FR 82280, December 30, 

2010). 

In 2011, a new stock assessment was 

completed for golden tilefish (SEDAR 25 

2011) and the Council submitted 

Regulatory Amendment 12 to the FMP 

in response to the assessment. In the 

final rule for Regulatory Amendment 12, 

the total ACL was set at 558,036 lb. 

(253,121 kg), the existing allocations 

were applied to revise the sector ACLs 

to 541,295 lb (245,527 kg) for the 

commercial sector and 3,019 fish for the 

recreational sector, and the recreational 

annual catch target and sector AMs were 

revised (77 FR 61295, October 9, 2012). 

In Amendment 18B to the FMP, the 

golden tilefish commercial ACL was 

divided between two commercial 

fishing gear components, assigning 75 

percent of the ACL to the longline 

component with a 4,000 lb (1,814 kg) 

trip limit and 25 percent of the ACL to 

the hook-and-line component with a 

500 lb (227 kg) trip limit (78 FR 23858, 

April 23, 2013). 

In 2016, an update to the SEDAR 25 

stock assessment indicated that golden 

tilefish were undergoing overfishing 

(SEDAR 25 Update 2016). Following 

two interim rules that took action to 

reduce overfishing (83 FR 65, January 2, 

2018; 83 FR 28387, June 19, 2018), the 

final rule for Regulatory Amendment 28 

to the FMP implemented long-term 

measures that reduced the golden 

tilefish ACLs. The existing allocations 

were applied to revise the sector ACLs 

to 331,740 lb (150,475 kg) for the 

commercial sector (further divided with 

75 percent to the longline component 

and 25 percent to the hook-and-line 

component) and 2,316 fish for the 

recreational sector (83 FR 62508, 

December 4, 2018). 

The Council submitted Amendment 

52 in response to a new stock 

assessment for golden tilefish. The new 

assessment, SEDAR 66, was completed 

in 2020 and it indicated that the stock 

was not undergoing overfishing and was 

not overfished. SEDAR 66 includes 

recreational landings estimates using 

the Marine Recreational Information 

Program (MRIP) Fishing Effort Survey 

(FES) as discussed below. The revised 

catch levels recommended by the 

Council in Amendment 52 and in this 

final rule are based on their Scientific 

and Statistical Committee’s (SSC) 

recommended ABC and the results of 

SEDAR 66. The Council received the 

results of the assessment and the SSC’s 

recommendations for the OFL and ABC 

at the June 2021 Council meeting. 

In response to golden tilefish 

commercial longline vessel fishermen’s 

concerns about avoiding oversupplying 

the market in the first part of January 

and allowing such vessels to remain 

fishing for golden tilefish during the 

Lenten season when prices tend to be 

relatively high, this final rule changes 

the starting date of the fishing season for 

the commercial longline component 

from January 1st to January 15th. 

For blueline tilefish managed under 

the FMP, recreational landings exceeded 

the recreational ACL every year from 

2015–2020. Revising certain 

management measures for blueline 

tilefish is expected to help keep the 

recreational sector within its ACL. The 

most recent stock assessments for 

blueline tilefish were completed in 2017 

and did not indicate that the stock was 

undergoing overfishing or was being 

overfished. 

The Council and NMFS intend that 

the actions in Amendment 52 and this 

final will achieve OY while minimizing, 

to the extent practicable, adverse social 

and economic effects. 

Management Measures Contained in 

This Final Rule 

For golden tilefish, this final rule 

revises the sector ACLs, commercial 

component quotas, commercial longline 

component fishing season, and 

recreational AMs. For blueline tilefish, 

this final rule revises the recreational 

bag and possession limits and 

recreational AMs. 

Golden Tilefish Total ACL 

As implemented through Regulatory 

Amendment 28 to the FMP, the current 

total ACL and annual OY for golden 

tilefish are equal to the current ABC of 

342,000 lb. (155,129 kg.) (83 FR 62508, 

December 4, 2018). In Amendment 52, 

the ABC is revised based on SEDAR 66 

and the recommendation of the SSC, 

and the ABC, ACL, and annual OY is set 

equal to each of these values. 

Amendment 52 revises the total ACL 

and annual OY equal to the 

recommended ABC of 435,000 lb 

(197,313 kg) for 2023; 448,000 lb 

(203,209 kg) for 2024; 458,000 lb 

(207,745 kg) for 2025; 466,000 lb 


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(211,374 kg) for 2026 and subsequent 

fishing years. 

Golden Tilefish Sector Allocations and 

ACLs 

Amendment 52 revises the sector 

allocations and this final rule revises the 

sector ACLs for golden tilefish. The 

current sector ACLs for golden tilefish 

are based on the commercial and 

recreational allocations of the total ACL 

at 97 percent and 3 percent, 

respectively. The current allocations are 

based on the allocation formula [ACL = 

((mean landings 2006–2008) * 0.5)) + 

((mean landings 1986–2008) * 0.5))] 

adopted by the Council in the 

Comprehensive ACL Amendment to the 

FMP, which considered past and 

present participation (77 FR 15915, 

March 16, 2012). The Council 

established those allocations based on 

balancing long-term catch history with 

more recent catch history and believed 

that approach to be a fair and equitable 

method to allocate fishery resources. 

The revised golden tilefish sector 

allocations in Amendment 52 result in 

commercial and recreational allocations 

of 96.70 percent and 3.30 percent, 

respectively. The revised sector 

allocations were determined by 

applying the allocation formula 

(described above) to the recreational 

MRIP FES estimates used in SEDAR 66. 

Utilizing these revised recreational 

estimates results in a slight shift of 

allocation to the recreational sector, 

with the percentages of annual catch 

increasing from the current 3 percent to 

the revised 3.30 percent. The limited 

recreational effort for, and harvest of, 

golden tilefish, were considered in 

determining that allocating 3.30 percent 

of the revised total ACL for golden 

tilefish to the recreational sector is a fair 

and equitable allocation that is 

reasonably calculated to promote 

conservation and does not give any 

entity an excessive share of harvest 

privileges based on the historical and 

current harvest of golden tilefish. In 

addition, this allocation division will 

encourage a rational and well-managed 

use of the golden tilefish resource, 

which optimizes social and economic 

benefits. 

This final rule revises the commercial 

ACLs (commercial sector hook-and-line 

and longline components combined) to 

420,645 lb (190,801 kg) for 2023; 

433,216 lb (196,503 kg) for 2024; 

442,886 lb (200,890 kg) for 2025; and 

450,622 lb (204,399 kg) for the 2026 and 

subsequent fishing years. 

This final rule revises the recreational 

ACLs (in numbers of fish) to 2,559 for 

the 2023 fishing year; 2,635 for the 2024 

fishing year; 2,694 for the 2025 fishing 

year; 2,741 for the 2026 and subsequent 

fishing years. 

Golden Tilefish Commercial Component 

Allocations 

As discussed above, the commercial 

ACL is allocated between two gear 

components: 25 percent is allocated to 

the hook-and-line component and 75 

percent to the longline component (77 

FR 23858, April 23, 2013). The 

allocation percentages between the 

hook-and-line and longline components 

were not modified in Amendment 52. 

However, this final rule revises the 

hook-and-line and longline component 

ACLs (quotas) based on the revised 

commercial ACL. The commercial hookand-line ACL is 105,161 lb (47,700 kg) 

for 2023; 108,304 lb (49,126 kg) for 

2024; 110,722 lb (50,223 kg) for 2025; 

and 112,656 lb (51,100 kg) for 2026 and 

subsequent fishing years. 

The ACLs for the longline component 

are 315,484 lb (143,101 kg) for 2023; 

324,912 lb (147,378 kg) for 2024; 

332,165 lb (150,668 kg) for 2025; and 

337,967 lb (153,299 kg) for the 2026 and 

subsequent fishing years. 

Golden Tilefish Commercial Longline 

Component Fishing Season 

This final rule changes the start date 

for the fishing season for the 

commercial longline component from 

January 1st to January 15th. A closed 

season will be established for the 

commercial longline component 

annually from January 1 through 

January 14. Starting the commercial 

season on January 15th for the longline 

component will help to avoid 

oversupplying the market in the first 

part of January and should allow 

commercial longline vessels to remain 

fishing for golden tilefish during the 

Lenten season when prices tend to be 

relatively high. 

Blueline Tilefish Recreational Bag and 

Possession Limits 

In August 2016, Regulatory 

Amendment 25 to the FMP established 

the current recreational bag limit of 

three fish per person per day (81 FR 

45245, July 13, 2016). As discussed 

above, recreational landings for blueline 

tilefish have exceeded the recreational 

ACL every year from 2015–2020. This 

final rule reduces the recreational bag 

limit for blueline tilefish from three to 

two fish per person per day to help 

prevent recreational landings from 

exceeding the recreational ACL in future 

fishing years. 

Additionally, the captain and crew of 

a for-hire vessel with a valid Federal 

South Atlantic Charter/Headboat 

Snapper-Grouper Permit are currently 

allowed to retain bag limit quantities of 

all snapper-grouper species during the 

open recreational season. In addition to 

reducing the recreational bag and 

possession limits to two fish per person 

per day, this final rule prohibits the 

retention of blueline tilefish by the 

captain and crew. A bag limit of two 

blueline tilefish per person per day and 

prohibiting retention of the bag limit by 

captain and crew will result in an 

overall 12.2 percent reduction in harvest 

for the recreational sector. The measures 

to reduce the blueline tilefish bag limit 

from three to two fish per person per 

day and prohibit the retention of the bag 

limit by for-hire captain and crew will, 

in combination, be expected to keep the 

recreational landings of blueline tilefish 

within the recreational ACL. 

Golden Tilefish and Blueline Tilefish 

Recreational AMs 

This final rule also revises the 

recreational AMs for golden tilefish and 

blueline tilefish. The current 

recreational AMs for golden tilefish 

were established through the final rule 

for Amendment 34 to the FMP (81 FR 

3731, January 22, 2016). The current 

recreational AMs for blueline tilefish 

were established through the final rule 

for Amendment 32 to the FMP (80 FR 

16583, March 30, 2015). The current 

AMs for both species include an inseason closure for the remainder of the 

fishing year if recreational landings 

reach or are projected to reach their 

respective recreational ACL. The current 

post-season AMs state that if the 

recreational ACL is exceeded, then 

during the following fishing year 

recreational landings will be monitored 

for a persistence in increased landings. 

Additionally, during that following 

fishing year, if the total ACL is exceeded 

and the species is overfished, the length 

of the recreational fishing season is 

reduced and the recreational ACL is 

reduced by the amount of the 

recreational ACL overage. 

This final rule revises the recreational 

AMs for both golden tilefish and 

blueline tilefish to remove the current 

in-season closure if the recreational ACL 

is reached or is projected to be reached, 

and the post-season AM that is tied to 

the overfished status of the stock. The 

revised recreational AM will have 

NMFS projecting the length of the 

recreational season based on catch rates 

from the previous fishing year to 

determine when the recreational ACL 

would be expected to be met. NMFS 

will announce the length of the 

recreational season and its ending date 

annually in the Federal Register. 

The current AMs are being revised 

because of the delayed availability of 


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recreational landings information to use 

for in-season actions for species with 

short fishing seasons or relatively small 

amounts of fish. For blueline tilefish, 

the current recreational fishing season is 

4 months long, from May through 

August, and the recreational ACL for 

golden tilefish is 2,316 fish. In these 

circumstances, the current in-season 

AMs will not be effective in keeping 

landings from exceeding the 

recreational ACL. As previously 

discussed, the recreational landings for 

blueline tilefish exceeded the 

recreational ACL every year from 2015– 

2020. The golden tilefish recreational 

ACL has also frequently been exceeded, 

with the recreational sector exceeding 

its ACL every year since 2010, except 

for 2014 and 2017. 

The current post-season recreational 

AMs that would apply corrective action 

for ACL overages were not being 

triggered because they were tied to a 

determination that the stock was 

overfished, and neither blueline nor 

golden tilefish is considered to be 

overfished. Consequently, any overages 

of the recreational ACL would be likely 

to continue to occur. 

In addition, the Magnuson-Stevens 

Act Guidelines under National Standard 

1 advise Councils to reevaluate the 

system of ACLs and AMs when overages 

of a stock’s ACL occur more than once 

in 4 consecutive years. The purpose of 

the revised AMs is to prevent 

recreational landings from exceeding 

the respective recreational ACLs for 

both golden tilefish and blueline 

tilefish. The revised recreational AMs 

will be more effective at restraining 

landings to the recreational ACL. For 

blueline tilefish, Amendment 52 will 

both modify the recreational AM and 

reduce the recreational retention limit to 

further ensure recreational landings will 

not exceed the ACL. Amendment 52 and 

this final rule do not adjust the 

commercial AMs for either species. 

Management Measures in Amendment 

52 Not Codified by This Final Rule 

In addition to the measures within 

this final rule, Amendment 52 revises 

the OFL and updates other biological 

reference points and revises the ABC, 

OY, and sector allocations for golden 

tilefish. 

Golden Tilefish ABC and Annual OY 

The current OFL and ABC are 

inclusive of MRIP Coastal Household 

Telephone Survey (CHTS) estimates of 

private recreational and charter 

landings. The Council’s SSC reviewed 

the latest stock assessment (SEDAR 66) 

and recommended new ABC levels as 

determined by SEDAR 66. 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). As 

explained in Amendment 52, total 

recreational fishing effort estimates 

generated from MRIP FES are generally 

higher than both the MRFSS and MRIP 

CHTS estimates. This difference in 

estimates is because MRIP FES is 

designed to measure fishing activity 

more accurately and not because there 

was a sudden increase in fishing effort. 

The MRIP FES is considered a more 

reliable estimate of recreational effort by 

the Council’s SSC, the Council, and 

NMFS, and is a more robust method 

when compared to the MRIP CHTS 

method. The new ABC 

recommendations within Amendment 

52 also represent the best scientific 

information available as determined by 

the SSC. 

The OY for golden tilefish will be 

specified on an annual basis and will be 

set 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 11 comment 

submissions from individuals on the 

amendment and proposed rule for 

Amendment 52. Three comments were 

in support of the actions in Amendment 

52, and NMFS agrees with those 

comments. Comments received that 

were outside the scope of the actions in 

Amendment 52 and the proposed rule 

included comments on offshore wind 

development and are not responded to 

in this final rule. Comments that 

opposed the actions in Amendment 52 

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 revised allocation of 

golden tilefish between the commercial 

and recreational sector is extremely 

unfair. The commercial sector receives 

96.7 percent of the total allocation and 

the recreational sector only receives 

3.30 percent. Consideration should have 

been given to allocate a greater portion 

of the total ACL to the recreational 

sector. 

Response: NMFS disagrees that the 

allocations are unfair. In the golden 

tilefish fishery, the recreational sector 

accounts for a fairly constant but small 

portion of the harvest, given that golden 

tilefish is a deep-water species that is 

caught further from shore and in greater 

depths than most of the other species in 

the snapper grouper complex. The 

actions related to golden tilefish in 

Amendment 52 are responding to the 

most recent stock assessment for golden 

tilefish (SEDAR 66), which included the 

change to MRIP estimates from CHTS 

units to the new FES units. The 

recreational landings estimates have 

been revised to adopt the new FES 

methodology, and the conversion to FES 

units did not substantially change 

historical recreational landings for 

golden tilefish. However, with the 

change of MRIP from CHTS units to FES 

units, the allocation distribution 

between the commercial and 

recreational sectors needed to be 

recalculated based on the revised units. 

The allocation percentages were 

previously calculated by applying the 

formula: sector annual catch limit = 

((mean landings 2006–2008) * 0.5)) + 

((mean landings 1986–2008) * 0.5). 

When the same allocation formula is 

applied using the new MRIP–FES data, 

the recreational allocation increases 

from 3 to 3.30 percent. The Council also 

considered the effects of the new catch 

limits, along with estimates of the 

commercial and recreational sectors’ 

economic impacts, as measured by fulltime equivalent jobs, income, valueadded, and sales, as part of the 

allocation decision in Amendment 52. 

Considering the limited recreational 

effort for, and harvest of, golden tilefish, 

NMFS has determined that allocating 

3.30 percent of the revised total ACL for 

golden tilefish to the recreational sector 

is a fair and equitable allocation that is 

reasonably calculated to promote 

conservation, and that does not give any 

entity an excessive share of harvest 

privileges, based on the historical and 

current harvest of golden tilefish. This 

allocation division encourages a rational 

and well-managed use of the golden 

tilefish resource. 

Comment 2: Recreational fishermen 

spend a significant amount of money on 

vessels, fuel, and gear to harvest golden 

tilefish and this should result in a 

greater allocation of the golden tilefish 

total ACL to the recreational sector. 

Also, a lower recreational allocation 

leads to shorter recreational seasons. 

Response: Although recreational 

fishing expenditures are meaningful to 

the estimation of economic impacts and 

the distribution of those impacts 

regionally and by industry, they are not, 


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on their own, a measure of net economic 

benefits. NMFS conducted a cost-benefit 

analysis for Amendment 52 that 

examined the effects of the new catch 

limits and allocation and provided an 

estimate of the change in net economic 

benefits resulting from the actions in 

Amendment 52. This information, along 

with estimates of the commercial and 

recreational sectors’ economic impacts, 

were considered as part of the allocation 

decision in Amendment 52. Further, the 

recreational allocation is actually 

increased by a small amount in 

Amendment 52 compared to the status 

quo. The selected sector allocation in 

Amendment 52 is expected to generate 

positive net economic benefits in the 

recreational sector relative to the current 

sector allocation. 

As previously explained, the final 

rule increases, rather than decreases, the 

recreational allocation and ACL. NMFS 

notes that this final rule removes the 

current inseason recreational closure 

based on the recreational ACL being 

reached or projected to be reached. 

Instead, the new recreational AM will 

have NMFS annually announce the 

length of the recreational fishing season 

based on catch rates from the previous 

season. The fishing season will start on 

January 1 and end on the date NMFS 

projects the recreational ACL will be 

met. Within Amendment 52, this 

recreational AM was determined to 

provide the most biological benefits to 

the stock by being the most likely to 

prevent recreational ACL overages. 

While the recreational season end date 

for golden tilefish may shift each year, 

announcing the length of the season at 

the beginning of the season would allow 

private anglers and for-hire businesses 

to plan their activities around the 

seasonal closure in advance. 

Comment 3: Adequate opportunities 

need to be provided for fishermen to 

express their views and concerns on the 

proposed actions through public 

hearings, surveys, interviews, focus 

groups, or other appropriate methods, 

specifically with regard to sector 

allocation. 

Response: NMFS agrees that 

opportunity for public comment is 

important during the development of an 

FMP amendment and specifically for 

Amendment 52. At its June 2021 

meeting, the Council received the 

results of SEDAR 66 and the SSC’s 

recommendations for the overfishing 

limit and ABC. While the Council then 

developed Amendment 52 during 2021 

and 2022, the public had opportunities 

to comment on the actions in 

Amendment 52 during the Council 

scoping process, during public hearings 

and Snapper Grouper Advisory Panel 

meetings, as well as during the Council 

meetings. A summary of the public 

comments received are included in 

Chapter 5 of the amendment, and all 

comments from the public were 

reviewed by the Council prior to its 

final action on Amendment 52. In 

addition, NMFS has also reviewed all 

public comments received on the notice 

of availability for Amendment 52 that 

was published in the Federal Register 

on August 8, 2023, with the public 

comment period open through October 

2, 2023, and all public comments 

received on the proposed rule for 

Amendment 52 that was published in 

the Federal Register on August 23, 

2023, with the public comment period 

open through September 25, 2023. 

Therefore, consistent with the 

Magnuson-Stevens Act and other 

applicable law, NMFS has determined 

that fishermen and other members of the 

public have had numerous 

opportunities to review the actions in 

Amendment 52, including sector 

allocations, and provide comment. 

Comment 4: The rule should 

incorporate the best available science on 

climate change and its effects on the 

snapper-grouper fishery. The Council 

should develop adaptive management 

strategies to cope with the uncertainty 

and variability of the future climate 

conditions. 

Response: NMFS has determined that 

Amendment 52 contains the best 

scientific information available, 

consistent with the Magnuson-Stevens 

Act. Within Amendment 52, Chapter 6 

addresses the cumulative impacts of the 

actions in the amendment and includes 

a summary of known or possible climate 

change impacts in the South Atlantic 

region. As described in Amendment 52, 

climate change may impact snappergrouper species in the future, but the 

level of impacts cannot be quantified at 

this time, nor is the time frame known 

in which these impacts would occur. 

Comment 5: Amendment 52 should 

revise the existing section on the social 

impact assessment to include more 

comprehensive and inclusive criteria 

that capture the diverse values and 

preferences of the fishermen and fishing 

communities, including subsistence and 

traditional fishermen. 

Response: Data are not readily 

available on values and preferences of 

fishermen and fishing communities. 

However, NMFS conducted a social 

impact assessment using the best 

scientific information available, which 

is included in Amendment 52. The 

social impact assessment in 

Amendment 52 includes the social 

environment, environmental justice, 

and social effects sections of the 

document. These sections within 

Chapters 3 and 4 of Amendment 52 

include a description of the social 

characteristics of the fishery; 

community level data on fishing 

participants, community quotientfishing landings and value (i.e., the 

share of each community’s landings and 

ex-vessel values divided by the landings 

and values for the region), local quotient 

(i.e., the proportion of a community’s 

commercial landings for a given species 

relative to commercial landings of all 

species by persons affiliated with that 

community during a given time period), 

fishing engagement and reliance, and 

social vulnerability indicators. In 

addition, within the discussion for each 

specific action in Amendment 52, the 

sections contain an analysis and 

description of the likely social changes 

due to the alternatives under 

consideration along with an evaluation 

of the potential social effects of the 

proposed actions in comparison to the 

status quo. As explained in the 

Response to Comment 3, snappergrouper fishermen’s and stakeholders’ 

perspectives and input are gathered 

through the scoping and public 

comment process and were utilized in 

the evaluation and determination of 

social effects contained in Amendment 

52. NMFS has determined that social 

impact assessment in Amendment 52 

meets the requirements of the 

Magnuson-Stevens Act and other 

applicable law. 

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 52, the FMP, other 

provisions of the Magnuson-Stevens 

Act, the U.S. Constitution, and other 

applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The Magnuson-Stevens Act provides 

the legal basis for this proposed rule. No 

duplicative, overlapping, or conflicting 

Federal rules have been identified. 

A description of this final rule, why 

it is being considered, and the purpose 

of this final rule are contained in the 

SUMMARY and SUPPLEMENTARY

INFORMATION sections of this final rule. 

The objective of this final rule is to base 

conservation and management measures 

for golden and blueline tilefish on the 

best scientific information available and 

achieve OY, consistent with the 

Magnuson-Stevens Act and its National 

Standards. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 


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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations 76701 

to the Chief Counsel for Advocacy of the 

Small Business Administration (SBA) 

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. NMFS did not receive any 

comments from SBA’s Office of 

Advocacy or the public regarding the 

certification in the proposed rule. As a 

result, a final 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 

Blueline tilefish, Commercial, 

Fisheries, Fishing, Golden tilefish, 

Recreational, South Atlantic. 

Dated: November 1, 2023. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS amends 50 CFR part 

622 as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

■ 2. In § 622.183, add paragraph (b)(11) 

to read as follows: 

§ 622.183 Area and seasonal closures. 

* * * * * 

(b) * * * 

(11) Golden tilefish commercial 

longline component. The golden tilefish 

commercial longline component in or 

from the South Atlantic EEZ is closed 

from January 1 through January 14, each 

year. During a closure, no vessel with a 

valid or renewable golden tilefish 

longline endorsement as described at 50 

CFR 622.191(a)(2)(ii), and no person, 

may fish for, harvest, or possess golden 

tilefish from the South Atlantic EEZ 

with longline gear on board. 

■ 3. In § 622.187, add paragraph 

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

§ 622.187 Bag and possession limits. 

* * * * * 

(b) * * * 

(2) * * * 

(iv) No more than two fish may be 

blueline tilefish. However, no blueline 

tilefish may be retained by the captain 

or crew of a vessel operating as a charter 

vessel or headboat. The bag limit for 

such captain and crew is zero. 

* * * * * 

■ 4. In § 622.190, revise paragraph (a)(2) 

to read as follows: 

§ 622.190 Quotas. 

* * * * * 

(a) * * * 

(2) Golden tilefish—(i) Commercial 

sector (hook-and-line and longline 

components combined). (A) For the 

2023 fishing year—420,645 lb (190,801 

kg). 

(B) For the 2024 fishing year—433,216 

lb (196,503 kg). 

(C) For the 2025 fishing year—442,886 

lb (200,890 kg). 

(D) For the 2026 and subsequent 

fishing years—450,622 lb (204,399 kg). 

(ii) Hook-and-line component. (A) For 

the 2023 fishing year—105,161 lb 

(47,700 kg). 

(B) For the 2024 fishing year—108,304 

lb (49,126 kg). 

(C) For the 2025 fishing year—110,722 

lb (50,223 kg). 

(D) For the 2026 and subsequent 

fishing years—112,656 lb (51,100 kg). 

(iii) Longline component. (A) For the 

2023 fishing year—315,484 lb (143,101 

kg). 

(B) For the 2024 fishing year—324,912 

lb (147,378 kg). 

(C) For the 2025 fishing year—332,165 

lb (150,668 kg). 

(D) For the 2026 and subsequent 

fishing years—337,967 lb (153,299 kg). 

* * * * * 

■ 5. Amend § 622.193 by revising 

paragraphs (a)(1)(iii) and (a)(2), adding 

paragraph (a)(3), and revising paragraph 

(z)(2) to read as follows: 

§ 622.193 Annual catch limits (ACLs) and 

accountability measures (AMs). 

(a) * * * 

(1) * * * 

(iii) If all commercial landings of 

golden tilefish, as estimated by the SRD, 

exceed the commercial ACL (including 

both the hook-and-line and longline 

component quotas) specified in 

§ 622.190(a)(2)(i), and the combined 

commercial and recreational ACL 

specified in paragraph (a)(3) of this 

section is exceeded during the same 

fishing year, and golden tilefish 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 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. The 

recreational ACL for golden tilefish is 

2,559 fish for the 2023 fishing year; 

2,635 fish for the 2024 fishing year; 

2,694 for the 2025 fishing year; 2,741 

fish for the 2026 and subsequent fishing 

years. NMFS will project the length of 

the recreational fishing season based on 

catch rates from the previous fishing 

year and when NMFS projects the 

recreational ACL specified in this 

paragraph (a)(2) is expected to be met, 

and annually announce the recreational 

fishing season end date in the Federal 

Register. On and after the effective date 

of the recreational closure notification, 

the bag and possession limit for golden 

tilefish in or from the South Atlantic 

EEZ is zero. 

(3) Combined commercial and 

recreational ACL. The combined 

commercial and recreational ACL is 

435,000 lb (197,313 kg), gutted weight, 

for the 2023 fishing year; 448,000 lb 

(203,209 kg), gutted weight, for the 2024 

fishing year; 458,000 lb (207,745 kg), 

gutted weight, for the 2025 fishing year; 

and 466,000 lb (211,374 kg), gutted 

weight, for the 2026 and subsequent 

fishing years. 

* * * * * 

(z) * * * 

(2) Recreational sector. The 

recreational ACL for blueline tilefish is 

116,820 lb (52,989 kg), round weight. 

NMFS will project the length of the 

recreational fishing season based on 

catch rates from the previous fishing 

year and when NMFS projects the 

recreational ACL specified in this 

paragraph (z)(2) is expected to be met, 

and annually announce the recreational 

fishing season end date in the Federal 

Register. On and after the effective date 

of the recreational closure notification, 

the bag and possession limit for blueline 

tilefish in or from the South Atlantic 

EEZ is zero. 

* * * * * 

[FR Doc. 2023–24468 Filed 11–6–23; 8:45 am] 

BILLING CODE 3510–22–P 


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