83860 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 

December 31. When recreational fishing 

for ‘‘Other Flatfish,’’ petrale sole, and 

starry flounder is open, it is permitted 

both outside and within the recreational 

RCAs described in paragraph (c)(3)(i) of 

this section. 

* * * * * 

[FR Doc. 2023–25905 Filed 11–30–23; 8:45 am] 

BILLING CODE 3510–22–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 231127–0277] 

RIN 0648–BM03 

Fisheries of the Caribbean, Gulf of 

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

Region; Amendment 51 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations to 

implement Amendment 51 to the 

Fishery Management Plan for the 

Snapper-Grouper Fishery of the South 

Atlantic Region, as prepared and 

submitted by the South Atlantic Fishery 

Management Council. For snowy 

grouper, this final rule revises the sector 

annual catch limits (ACLs), commercial 

seasonal quotas, recreational fishing 

season, and recreational accountability 

measures. In addition, Amendment 51 

revises the overfishing limit for snowy 

grouper, the acceptable biological catch, 

annual optimum yield (OY), and sector 

allocations of the total ACL. The 

purpose of this final rule and 

Amendment 51 is to end overfishing of 

snowy grouper, rebuild the stock, and 

achieve OY while minimizing, to the 

extent practicable, adverse economic 

impacts on fishing communities. 

DATES: This final rule is effective 

January 2, 2024. 

ADDRESSES: An electronic copy of 

Amendment 51, 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/151366. 

FOR FURTHER INFORMATION CONTACT: Rick 

DeVictor, telephone: 727–824–5305, or 

email: rick.devictor@noaa.gov. 

SUPPLEMENTARY INFORMATION: The South 

Atlantic snapper-grouper fishery 

includes snowy grouper and is managed 

under the Fishery Management Plan for 

the Snapper-Grouper Fishery of the 

South Atlantic Region (FMP). The FMP 

was prepared by the South Atlantic 

Fishery Management Council (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 May 22, 2023, NMFS published a 

notice of availability for Amendment 51 

and requested public comment (88 FR 

32717). On May 30, 2023, NMFS 

published a proposed rule for 

Amendment 51 and requested public 

comment (88 FR 34460). NMFS 

approved Amendment 51 on August 17, 

2023. The proposed rule and 

Amendment 51 outline the rationale for 

the actions contained in this final rule. 

A summary of the management 

measures described in Amendment 51 

and implemented by this final rule is 

described below. 

All weights described in this final 

rule are in gutted weight. 

In 2004, a stock assessment for snowy 

grouper was completed through the 

Southeast Data, Assessment, and 

Review (SEDAR) process (SEDAR 4), 

and NMFS determined that the stock 

was subject to overfishing and was 

overfished. As a result of that stock 

status, the final rule for Amendment 

13C to the FMP implemented 

management measures to end 

overfishing (71 FR 55096, September 21, 

2006), and Amendment 15A to the FMP 

established a rebuilding plan for the 

snowy grouper stock (73 FR 14942, 

March 20, 2008). The rebuilding plan 

year started in 2006 with a target time 

of 34 years to rebuild the snowy grouper 

stock. 

The snowy grouper stock was 

assessed again in 2013 through SEDAR 

36 and was determined to not be 

undergoing overfishing. Although the 

stock was overfished, it was rebuilding. 

In response to the assessment and a 

subsequent acceptable biological catch 

(ABC) recommendation by the Council’s 

Scientific and Statistical Committee 

(SSC), management actions were 

implemented through the final rule for 

Regulatory Amendment 20 to the FMP 

(80 FR 43033, July 21, 2015). Regulatory 

Amendment 20 and its implementing 

final rule increased the ACL by setting 

it equal to the ABC and OY, increased 

the commercial trip limit to 200 lb (91 

kg), and modified the recreational 

fishing season from the calendar year to 

May through August. 

The most recent SEDAR stock 

assessment for South Atlantic snowy 

grouper (SEDAR 36 Update) was 

completed in 2021 and included data 

through 2018. The assessment used 

revised 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 to the 

mail-based FES. Previous estimates of 

recreational catch for snowy grouper 

were made using MRIP’s Coastal 

Household Telephone Survey (CHTS) 

phone call-based methodology. As 

explained in Amendment 51, total 

recreational fishing effort estimates 

generated from the MRIP–FES are 

different than those from the MRIP– 

CHTS and other earlier survey methods. 

This difference in estimates is because 

the MRIP–FES is designed to measure 

fishing activity more accurately, 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 SSC, 

the Council, and NMFS, and more 

robust compared to the MRIP–CHTS 

method. The SSC reviewed the SEDAR 

36 Update 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 

assessment indicated that the South 

Atlantic snowy grouper stock remains 

overfished and is undergoing 

overfishing. 

Following a notification from NMFS 

to a fishery management council that a 

stock is undergoing overfishing and is 

overfished, the Magnuson-Stevens Act 

requires the fishery management 

council to develop an FMP amendment 

with actions that immediately end 

overfishing and rebuild the affected 

stock. In a letter dated June 10, 2021, 

NMFS notified the Council that the 

snowy grouper stock is overfished and 

undergoing overfishing but continues to 

rebuild, and the Council subsequently 


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developed Amendment 51 in response 

to the results of SEDAR 36 Update. 

In addition to the proposed revisions 

to the sector ACLs and seasonal 

commercial quotas, the Council 

determined that further modifications to 

snowy grouper management measures 

are needed to help constrain 

recreational harvest to the revised 

fishing levels in Amendment 51. This 

final rule reduces the length of the 

recreational fishing season and also 

adjusts the recreational accountability 

measures (AMs) to ensure they are 

effective at keeping recreational 

landings from exceeding the revised 

recreational ACL and correct for any 

ACL overages if they occur. The Council 

decided not to revise the current 

commercial trip limit or AMs, finding 

that those measures sufficiently ensured 

that the commercial harvest of snowy 

grouper is constrained to its ACL. 

The Council determined that the 

actions in Amendment 51 would end 

overfishing of South Atlantic snowy 

grouper, 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 total ACL 

and sector ACLs, seasonal commercial 

quotas, recreational fishing season, and 

the recreational AMs for snowy grouper 

in the South Atlantic exclusive 

economic zone (EEZ). 

Total ACLs 

As implemented through the final 

rule for Regulatory Amendment 20, the 

current total ACL and annual OY for 

snowy grouper are equal to the current 

ABC of 185,464 lb (84,125 kg). 

Amendment 51 revised the ABC, and set 

the ABC, ACL, and annual OY equal to 

each other. 

This final rule revises the total ACL 

and annual OY equal to the 

recommended ABC of 119,654 lb 

(54,274 kg) for 2023; 121,272 lb (55,008 

kg) for 2024; 122,889 lb (55,741 kg) for 

2025; and 122,889 lb (55,741 kg), for 

2026 and subsequent fishing years. 

Amendment 51 sets the total ACL for 

snowy grouper for 2023, 2024, 2025, 

and in 2026, with the 2026 ACL in place 

for the subsequent fishing years. 

However, the ACL value for 2025 is 

identical to the ACL value for 2026. 

While NMFS is listing the ACL value for 

2025 and 2026 in the SUPPLEMENTARY

INFORMATION section of this final rule, in 

the regulations section of this final rule 

NMFS states the total and sector ACLs 

for snowy grouper in 2025 and 

subsequent fishing years without 

repeating the same ACL value for 2026. 

Sector Allocations and ACLs 

Amendment 51 revises the 

commercial and recreational allocations 

of the total ACL for snowy grouper. The 

current sector ACLs for snowy grouper 

are based on the commercial and 

recreational allocations of the total ACL 

at 83 percent and 17 percent, 

respectively, that were revised in 

Regulatory Amendment 20. These 

allocations were determined using 

average commercial and recreational 

landings from 1986 through 2005, 

which included estimates of 

recreational catch from the MRIP–CHTS 

method. 

In Amendment 51, the Council 

recommended allocations using the 

average commercial and recreational 

landings from 1986 through 2005, but 

included the estimates of recreational 

catch during those years using the 

MRIP–FES method from the SEDAR 36 

Update. The Council recommended new 

commercial and recreational allocations 

of 87.55 percent and 12.45 percent, 

respectively, which results in a shift of 

allocation of 4.55 percent from the 

recreational sector to the commercial 

sector. The Council reasoned that using 

average landings from 1986 through 

2005 was more appropriate because it 

would exclude the more recent years 

that had depth and area closures that 

may have affected the allocation 

calculations and would achieve the 

most appropriate balance between the 

needs of both sectors. The Council 

acknowledged that because the snowy 

grouper portion of the snapper-grouper 

fishery operates primarily in deeper 

water and is therefore more difficult to 

access for recreational fishermen, when 

compared to snapper-grouper species in 

shallower water and closer to shore, the 

allocations between sectors have 

historically and consistently been much 

greater for the commercial sector. NMFS 

considers this allocation to be 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 an excessive share. NMFS has 

determined that this allocation is also 

reasonably calculated to promote 

conservation and is a wise use of the 

resource, since it will remain within the 

boundaries of a total ACL that is based 

upon an ABC recommendation from the 

Council’s SSC and incorporates the best 

scientific information available. NMFS 

acknowledges that the commercial 

sector would benefit from additional 

allocation, but considers the economic 

shifts to be relatively minor. 

The commercial ACLs will be 104,757 

lb (47,517 kg) for 2023; 106,174 lb 

(48,160 kg) for 2024; 107,589 lb (48,802 

kg) for 2025; and 107,589 lb (48,802 kg) 

for 2026 and subsequent years. 

The recreational ACLs will be 1,668 

fish for 2023; 1,691 fish for 2024; 1,713 

fish for 2025; and 1,713 fish for 2026 

and subsequent years. 

The commercial quota for snowy 

grouper is equivalent to the commercial 

ACL. Regulatory Amendment 27 to the 

FMP established two commercial 

fishing seasons for snowy grouper and 

divided the commercial quota between 

the seasons (85 FR 4588, January 27, 

2020). Season 1 is from January through 

June with 70 percent of the commercial 

quota, and Season 2 is from July through 

December with 30 percent of the quota. 

Any commercial quota remaining from 

Season 1 is added to the commercial 

quota in Season 2, but any commercial 

quota remaining from Season 2 is not 

carried forward into the next fishing 

year. Amendment 51 and this final rule 

do not alter the current commercial 

fishing seasons or seasonal allocations 

of the commercial ACL. 

Under Amendment 51, the 

commercial quotas in 2023 for Season 1 

will be 73,330 lb (33,262 kg) and for 

Season 2 will be 31,427 lb (14,255 kg); 

in 2024, Season 1 will be 74,322 lb 

(33,712 kg) and Season 2 will be 31,852 

lb (14,448 kg); in 2025, Season 1 will be 

75,312 lb (34,161 kg) and Season 2 will 

be 32,277 lb (14,641 kg); and for 2026 

and subsequent years, Season 1 will be 

75,312 lb (34,161 kg) and Season 2 will 

be 32,277 lb (14,641 kg). 

Recreational Fishing Season 

Recreational harvest of snowy grouper 

is currently allowed from May 1 through 

August 31 each year. This final rule 

revises the recreational fishing season 

for snowy grouper where harvest will be 

allowed only from May 1 through June 

30. The recreational sector will be 

closed annually from January 1 through 

April 30, and from July 1 through 

December 31. During the seasonal 

closures, the recreational bag and 

possession limits for snowy grouper will 

be zero. Shortening the time recreational 

fishing is allowed will help to reduce 

the risk that recreational harvest will 

exceed its reduced sector ACL, while 

still allowing for retention of snowy 

grouper when recreational fishermen 

target co-occurring species, such as 

blueline tilefish, in some areas. 

Recreational AMs 

The current recreational AMs were 

implemented through the final rule for 


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Amendment 34 to the FMP (81 FR 3731, 

January 22, 2016). The AMs for snowy 

grouper include 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 AMs also include a 

post-season adjustment if recreational 

landings exceed the recreational ACL, 

and then during the following fishing 

year recreational landings will be 

monitored for a persistence in increased 

landings. If the total ACL for snowy 

grouper is exceeded and the stock is 

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 snowy grouper. Given the 

revised 2-month fishing season, the 

current in-season closure and stock 

status-based post-season AM is 

removed. The revised recreational AM 

is a post-season AM that would be 

triggered in the following fishing year if 

the recreational ACL was exceeded in 

the previous year. If recreational 

landings exceed the recreational ACL, 

NMFS would reduce the length of the 

recreational fishing season in the 

following year by the amount necessary 

to prevent the recreational ACL from 

being exceeded. However, the length of 

the recreational season would not be 

reduced if NMFS determines, using the 

best scientific information available, 

that a reduction is not necessary. 

This revised recreational AM will 

avoid an in-season closure of the 

recreational sector and extend 

maximum fishing opportunities to the 

sector during the 2-month recreational 

season. This final rule removes the 

current potential duplicate AM 

application of a reduction in the 

recreational season length and a 

payback of the recreational ACL overage 

if the total ACL was exceeded. In 

addition, under the revised recreational 

AM, the AM trigger is not tied to the 

total ACL, but only to the recreational 

ACL. This modification ensures that an 

ACL overage in the recreational sector 

does not in turn affect the catch levels 

for the commercial sector. Any reduced 

recreational season length as a result of 

the AM being implemented would 

apply to the recreational fishing season 

in the year following a recreational ACL 

overage. 

Management Measures in Amendment 

51 That Would Not Be Codified by This 

Final Rule 

In addition to the measures within 

this final rule, Amendment 51 revises 

the overfishing limit (OFL) for snowy 

grouper and sets the ACL equal to the 

ABC. The amendment also revises the 

annual OY and the sector allocations. 

OFL, ABC, and Annual OY 

The current ABC for snowy grouper 

was approved in Regulatory 

Amendment 20, based upon the 

previous stock assessment (SEDAR 36) 

and recommendations from the 

Council’s SSC. 

Based on the SEDAR 36 Update, the 

Council’s SSC recommended new OFL 

and ABC levels, with the ABC reduced 

from the OFL; the Council accepted the 

recommendations. The assessment and 

associated OFL and ABC levels for 

snowy grouper incorporated the revised 

estimates for recreational catch and 

effort from the MRIP–FES. The SSC and 

NMFS determined that the new OFL 

and ABC recommendations within 

Amendment 51 also represent the best 

scientific information available. The 

Council chose to express OY for snowy 

grouper 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 comments from seven 

entities during the public comment 

periods for the notice of availability of 

Amendment 51 and the proposed rule. 

Six comment letters were in opposition 

to one or more actions within 

Amendment 51 or the proposed rule. 

One comment was outside the scope of 

this action and suggested that all marine 

life will soon be extinct if species 

continue to receive fishing pressure. 

NMFS did not respond to this comment. 

Comments specific to the actions in 

Amendment 51 and the proposed rule 

are grouped as appropriate and 

summarized below, each followed by 

NMFS’ respective response. NMFS has 

not made any changes from the 

proposed rule to this final rule based on 

public comment. 

Comment 1: The stock assessments 

are traditionally incorrect by 

underestimating the stock. The 

proposed reduction in the allowable 

snowy grouper catch limit and season 

are grossly restrictive. Based on 

observation in the Florida Keys area 

alone the population is thriving. The 

abundance of snowy grouper make 

catching other deep water species very 

difficult. The bottom line is that the 

assessment population data are flawed. 

Response: NMFS disagrees that the 

stock assessment data for snowy grouper 

are flawed. The most recent SEDAR 

stock assessment for South Atlantic 

snowy grouper (SEDAR 36 Update) was 

completed in 2021 and included data 

through 2018. The findings of the 

assessment indicated that the South 

Atlantic snowy grouper stock remains 

overfished and is undergoing 

overfishing. Although NMFS recognizes 

that the abundance of snowy grouper 

varies across locations in the South 

Atlantic, snowy grouper is managed as 

a single stock in the South Atlantic, and 

the stock assessment, which used 

region-wide data, concluded that the 

overall stock is undergoing overfishing 

and is overfished. The Council’s SSC 

and NMFS reviewed the stock 

assessment and determined that the 

SEDAR 36 Update is based on the best 

scientific information available. 

Following a notification from NMFS to 

a fishery management council that a 

stock is undergoing overfishing and is 

overfished, the Magnuson-Stevens Act 

requires the fishery management 

council to develop an FMP amendment 

with actions that immediately end 

overfishing and rebuild the affected 

stock. The Council and NMFS have 

determined that the actions in 

Amendment 51 would end overfishing 

of South Atlantic snowy grouper, 

continue to rebuild the stock, and 

achieve OY while minimizing, to the 

extent practicable, adverse social and 

economic effects. 

Comment 2: NMFS’ conversion of 

snowy grouper from pounds to numbers 

of fish to set the recreational sector ACL 

also assumes a low average weight of 

8.93 lb (4.1 kg) per fish in gutted weight 

that is not supported by the record. 

Other evidence in the records shows an 

average weight closer to or above 10 lb 

(4.5 kg). Pictures posted by anglers on 

social media sites routinely show snowy 

grouper of 15 to 40 lb (6.8 to 18.1 kg). 

At such low levels of harvest, a 10 

percent variation makes a big difference. 

If the average gutted weight was actually 

10 lb (4.5 kg), then the recreational 

sector ACL should be 1,490 fish, not 

1,668 fish. 

Response: NMFS disagrees that a 

different average weight should be used 

for snowy grouper. To support using a 

higher weight, the commenter supplied 

pictures of recreationally caught snowy 

grouper posted on social media, and 

referenced higher average weights stated 

in Regulatory Amendment 20 to the 

FMP and a two-page document that sets 

forth different options to estimate the 

average weight for snowy grouper. The 

average weight used for snowy grouper 

in Amendment 51 is based on 

information in the SEDAR 36 Update, 

which was subject to a rigorous and 

independent scientific review. The total 

ACL is in pounds of fish, and 


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recreational landings are reported in 

numbers of fish. To determine the 

recreational ACL, the pounds were 

converted to numbers of fish using an 

average weight of a snowy grouper. As 

explained in Amendment 51, an average 

weight of snowy grouper was 

determined from data used in the 

SEDAR 36 Update to be 8.93 lb, which 

was the average landed weight of snowy 

grouper from 2016 through 2018 as 

reported by recreational fishermen. 

NMFS acknowledges that different 

average weights for recreationally 

caught snowy grouper can vary using 

different methods or from other sources. 

However, NMFS determined that the 

SEDAR 36 Update, which used more 

recent data than what was used in 

support of Regulatory Amendment 20, 

and the 8.93-lb (4.1-kg) average weight 

for a snowy grouper in the recreational 

sector to be based on the best scientific 

information available. 

Comment 3: The ACL for the 

recreational sector applies only to 

landings of snowy grouper and there is 

no limit on dead discards, dead discards 

are not tracked during the fishing season 

against a fixed limit, and there are no 

consequences if the recreational sector 

discards more fish than NMFS projects. 

Response: Dead discards of snowy 

grouper were accounted for in 

establishing the recreational ACL for 

snowy grouper. Dead discards are fish 

that fishermen catch and then discard 

for various reasons, and that are dead or 

subsequently die soon after they are 

released. According to the SEDAR 36 

Update, 95.4 percent of total removals of 

snowy grouper are landings and 4.6 

percent are dead discards. The ABCs in 

Amendment 51 were derived from the 

SEDAR 36 Update, which accounted for 

dead discards and other sources of fish 

mortality. Since an ACL is directly 

calculated from an ABC, the recreational 

ACL for snowy grouper in Amendment 

51 that was derived from the ABC did 

account for dead discards. 

NMFS acknowledges that neither the 

recreational ACL nor the commercial 

ACL establish a limit on the amount of 

dead discards during a fishing season, 

and discards are not specifically tracked 

against a fixed limit during a fishing 

season for either the recreational sector 

or the commercial sector (see also the 

response to Comment 10 regarding 

bycatch of snowy grouper). Section 

303(a)(15) of the Magnuson-Stevens Act 

requires the FMP to include ACLs and 

AMs, and the National Standard 1 

Guidelines define catch as including 

both landed fish and dead discards (50 

CFR 600.310(f)(1)(i)). However, the 

National Standard 1 Guidelines also 

state that the ABC, on which the ACLs 

are based, may be expressed in terms of 

landings as long as estimates of bycatch 

and any other fishing mortality not 

accounted for in the landings are 

incorporated into the determination of 

ABC (50 CFR 600.310(f)(3)(i)). As 

explained in Amendment 51, the ABC 

was calculated to account for dead 

discards. Thus, the recreational ACL for 

snowy grouper meets the requirements 

of the Magnuson-Stevens Act. 

Comment 4: There is no way of 

tracking to determine if the recreational 

ACL has been met and no possible way 

for NMFS to ensure that an ACL of 

1,668 fish will be reached. There are no 

mandatory reporting requirements for 

private recreational anglers, even 

though NMFS estimates that private 

anglers account for roughly 30 to 75 

percent of all snowy grouper landings in 

recent years. Management uncertainty is 

extremely high in the recreational 

sector. 

Response: NMFS disagrees that 

Amendment 51 supports the 

characterization that private anglers 

account for roughly 30 to 75 percent of 

all snowy grouper landings. The 

recreational sector is comprised of 

private fishermen and for-hire 

fishermen (charter vessels and 

headboats). Amendment 51 at Table 

4.1.2.1 (page 61) shows the commercial, 

recreational, and total landings for 

South Atlantic snowy grouper for each 

fishing year from 2015 to 2019, with the 

5-year average landings of 142,812 lb 

(64,778 kg) for the commercial sector 

and 39,807 lb (18,056 kg) for the 

recreational sector. In addition, prior to 

Amendment 51, the recreational sector 

was allocated 17 percent of the total 

ACL, and Table 3.2.2 in Amendment 51 

(page 30) indicates that in 4 of the 5 

years from 2015 to 2019, the 

recreational sector did not harvest all of 

its ACL. 

NMFS disagrees than it cannot 

determine whether the snowy grouper 

recreational ACL was reached. 

Recreational landings information for 

the private and charter fishermen are 

collected through the MRIP–FES 

program. MRIP–FES consists of an 

intercept survey conducted at public 

marine fishing access points and a mailbased survey which estimates 

recreational shore and private boat 

fishing effort. Federally permitted 

vessels selected to participate in the 

Southeast Region Headboat Survey are 

required to submit a trip report for each 

trip. NMFS uses the best data available 

from the MRIP–FES and headboat 

survey to track recreational landings 

and compare them to the recreational 

ACL. 

Using the best scientific information 

available, NMFS will determine 

whether the recreational ACL was met 

or exceeded, and whether the length of 

the next season needs to be reduced to 

prevent recreational landings from 

exceeding the recreational ACL, in 

accordance with the new recreational 

AM. NMFS, the SSC, and the Council 

have determined that Amendment 51 is 

consistent with the Magnuson-Stevens 

Act and its National Standards, and that 

the landings estimates from the MRIP– 

FES and headboat survey represent the 

best scientific information available. 

This determination is supported by an 

April 14, 2023, memorandum from the 

NMFS Southeast Fisheries Science 

Center as well as the recommendations 

from the Council’s SSC. 

Comment 5: Amendment 51 removes 

existing recreational AMs, replaces it 

with a defective AM, and fails to 

establish AMs to ensure the recreational 

ACL is not exceeded. Further, the 

proposed recreational AM does nothing 

to correct and mitigate overages if they 

occur, and does not consider a payback 

of the overage. 

Response: NMFS acknowledges that 

the recreational AMs are revised but 

disagrees that the new AM is defective 

as set forth in the comment. The current 

recreational AMs are being modified in 

this rule in response to the reduction in 

both the recreational ACL and season 

length for snowy grouper in 

Amendment 51. As explained in the 

response to Comment 4, NMFS uses 

data from the MRIP–FES and headboat 

survey to track recreational landings 

and compare them to the recreational 

ACL. Retaining an in-season closure 

based on current recreational landings 

data is not practical for a recreational 

ACL of 1,668 fish (in 2023) and season 

length of 2 months, given the time delay 

between when recreational landings for 

species occur and when the information 

becomes available to management for 

in-season actions such as closures. 

The final rule modifies the postseason recreational AM so that the 

reduction in fishing season length 

following an overage of the recreational 

ACL is not dependent on an exceedance 

of the total ACL and an overfished stock 

status. The new AM for the recreational 

sector will now be triggered when only 

the recreational ACL is exceeded, 

thereby ensuring that a recreational ACL 

overage does not also affect the ACL for 

the commercial sector. If recreational 

landings exceed the recreational ACL, 

and after an analysis and determination 

by NMFS that a reduction of the 

recreational ACL in the following year 

is necessary, NMFS will reduce the 

length of the recreational fishing season 


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for the year following an ACL overage 

by the amount necessary to prevent the 

recreational ACL from being exceeded 

again. 

In addition, this final rule removes 

the potential duplicate AM application 

of a reduction in the recreational season 

length and a reduction of the 

recreational ACL matching the amount 

of the ACL overage if the total ACL was 

exceeded. The Council considered this 

a potential ‘‘double penalty’’ for the 

recreational sector and did not consider 

both actions necessary following an 

overage of the total ACL. 

Similar actions are being taken to 

modify recreational AMs in 

Amendments 50, 52, and 53 to the FMP, 

especially for species where the 

recreational ACL is relatively low and 

the recreational season length is short. 

Comment 6: Reducing an already 

short season for snowy grouper would 

adversely affect recreational fishermen 

during the closed months while weather 

is generally favorable for bottom fishing. 

Snowy grouper provide a trophy to 

target, fine table fare, and a small 

reward to maintain angler interest. 

Response: The current recreational 

fishing season is from May through 

August, and reducing the recreational 

fishing season from 4 to 2 months is 

needed to end overfishing, continue to 

rebuild the stock, and offer long-term 

social benefits. The Council considered 

multiple factors in recommending the 

preferred alternative for reducing the 

length of the snowy grouper recreational 

season, including the season length 

projections, economic concerns, and the 

potential changes in bycatch. The 

Council determined and NMFS agrees 

that it is important to provide 

recreational fishermen and for-hire 

fishing businesses with the longest 

season possible to harvest the 

recreational ACL, while preventing 

overages of the recreational ACL. 

Shortening the time that recreational 

fishing is allowed for snowy grouper in 

the South Atlantic contributes to 

ensuring that recreational catches do not 

exceed the recreational ACLs specified 

in this final rule. The 2-month season 

allows for retention of snowy grouper 

when recreational fishermen target cooccurring species, such as blueline 

tilefish, in some areas. In addition, 

disruptive weather events, such as 

hurricanes, occur with greater frequency 

during July and August than during May 

and June. Given the need to shorten the 

recreational season to end overfishing, 

having the revised recreational fishing 

season for snowy grouper earlier rather 

than later in the summer should allow 

for greater access to harvest snowy 

grouper. Finally, the new recreational 

season may provide additional 

biological benefits to spawning snowy 

grouper, as the season will now exclude 

July and August, which is part of the 

snowy grouper peak spawning season of 

May through August. 

Comment 7: The 2-month recreational 

fishing season NMFS is proposing is 

also too long when compared to the 

recreational ACL as Amendment 51 

shows that the recreational ACL would 

likely be met before the end of the 

season. For snowy grouper to be rebuilt, 

recreational seasons need to be 

shortened and accountability increased. 

It is irrational to propose keeping the 

season open an additional 17 days past 

when the analysis in Amendment 51 

shows that the recreational ACL would 

be met (June 13). 

Response: Amendment 51 contains 

two projections that estimate when the 

recreational ACL will be reached if the 

new recreational ACL and a 2-month 

fishing season are implemented. Using a 

3-year average (2017 through 2019) of 

landings, the recreational ACL is not 

expected to be reached before the end of 

the fishing season. Using a 5-year 

average (2015 through 2019) of landings, 

landings are projected to reach the 

recreational ACL on June 13th. After 

reviewing the projection information 

and effects analysis, the Council chose 

a 2-month season for the reasons 

outlined in the response to Comment 6. 

If recreational landings exceed the 

recreational ACL, NMFS could shorten 

the following recreational season to 

avoid another exceedance of the ACL. 

NMFS has determined that the ACLs, 

AMs, and management measures for the 

recreational sector specified in 

Amendment 51 and this final rule will 

end overfishing, continue to rebuild the 

stock, and prevent and mitigate overages 

if they are to occur. 

Comment 8: Amendment 51 conflicts 

with National Standard 8 as it will 

result in further declines in 

participation of the commercial fishing 

community (as shown by the reduced 

number of commercial permits) and not 

provide for sustained participation, will 

impose further hardship on the 

commercial sector by reducing the total 

ACL while failing to account for the 

sectors’ respective contribution to the 

underlying problem, and will impose 

(not minimize) negative economic 

impacts on those communities. The 

commercial industry has suffered 

through 100-lb (45-kg) trip limits, while 

the recreational sector has been allowed 

to operate without changes. 

Response: NMFS disagrees that 

Amendment 51 is inconsistent with the 

Magnuson-Stevens Act National 

Standard 8, which requires that 

conservation and management measures 

take into account the importance of 

fishery resources to fishing communities 

to provide for the sustained 

participation of those communities, and 

to the extent practicable, minimize 

adverse economic impacts on those 

communities. NMFS acknowledges that 

snowy grouper is predominantly 

harvested by the commercial sector, that 

the sector is supported by the associated 

fishing communities, and that 

commercial vessel permits issued for 

the snapper-grouper fishery have 

decreased over time. Following the 

results of the SEDAR 4 assessment for 

snowy grouper (2006), which indicated 

the stock was both overfished and 

experiencing overfishing, additional 

restrictions were implemented for both 

the commercial and recreational sectors 

to help end overfishing and rebuild the 

stock; those restrictions now include 

low commercial trip limits (currently 

200 lb or 91 kg, last revised and 

increased in 2015) and low recreational 

bag limits (currently one snowy grouper 

per vessel, last revised and decreased in 

2006). Section 1.7 in Amendment 51 

provides further information on the 

history of management for the 

commercial and recreational harvest of 

snowy grouper. NMFS utilized the best 

scientific information available to 

describe affected fishing communities in 

Amendment 51 and evaluate the 

economic effects on the commercial 

sector, in general. Fishing communities 

that are associated with commercial and 

recreational fishing and can be 

identified as having some relationship 

with snowy grouper harvest are 

identified and discussed in section 3.4 

of Amendment 51. 

The snowy grouper stock in the South 

Atlantic is overfished and is subject to 

overfishing. Magnuson-Stevens Act 

National Standard 1 requires that 

conservation and management measures 

prevent overfishing, and National 

Standard 8 is also clear that those 

conservation and management measures 

take into account the importance of 

fishery resources to fishing communities 

‘‘consistent with the conservation 

requirements of this Act (including the 

prevention of overfishing and rebuilding 

of overfished stocks) . . . .’’ 16 U.S.C. 

1851(a)(8). Further, according to the 

National Standard 8 Guidelines at 50 

CFR 600.345(b)(1), ‘‘[W]here two 

alternatives achieve similar 

conservation goals, the alternative that 

provides the greater potential for 

sustained participation of [fishing] 

communities and minimizes the adverse 

economic impacts on such communities 

would be the preferred alternative.’’ 


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The actions in Amendment 51 that 

directly affect the commercial sector 

and thus commercial fishing 

communities are revisions to the ABC, 

total ACL, and annual OY for snowy 

grouper, and revisions to the sector 

allocations and sector ACLs. The 

reductions in the ABC, ACL, and annual 

OY for snowy grouper are required by 

the need to end overfishing and rebuild 

the stock. The no-action alternatives in 

Amendment 51 would not have met 

these objectives. Of the other 

alternatives considered, the measures 

implemented in this final rule are 

expected to generate the least adverse 

economic effects on the commercial 

sector and thus on commercial fishing 

communities. Further, the commercial 

allocation is actually increased in 

Amendment 51. The analysis shows that 

this choice of allocation is expected to 

generate the least adverse economic 

effects on the commercial sector and 

thus on commercial fishing 

communities. Therefore, NMFS has 

determined that the measures in this 

final rule are expected to minimize 

adverse effects on commercial fishing 

communities, consistent with National 

Standard 8. 

Comment 9: Amendment 51 harms 

consumers of snowy grouper. While 

commercial fishers may be able to 

adapt, the consumer has preferences for 

their favorite fish. Having to instead 

choose imported fish is not desired and 

the Council and NMFS need to ensure 

domestic access through commercial 

fishermen. 

Response: NMFS acknowledges that 

some U.S. consumers may prefer 

locally-harvested South Atlantic 

groupers, and that a reduced supply of 

snowy grouper could result in a 

reduction in economic benefits for those 

consumers. Unfortunately, NMFS does 

not have estimates of price flexibility 

(how prices respond to changes in 

supply) or demand elasticity (how 

quantity demanded responds to changes 

in price) that are specific to South 

Atlantic snowy grouper or other 

comparable South Atlantic groupers, 

and therefore NMFS cannot project 

changes in prices or estimate changes in 

consumer surplus (economic benefits) 

associated with the new commercial 

ACL implemented by this final rule. 

There are, however, a number of 

consumer substitutes for South Atlantic 

snowy grouper, including other South 

Atlantic snapper-grouper species, 

snappers and groupers harvested from 

the Gulf of Mexico, and imports. The 

availability of these substitutes will 

likely minimize any effects on 

consumers that result from a change in 

the supply of South Atlantic snowy 

grouper. As previously discussed, 

although the commercial ACL is 

reduced, this final rule will increase the 

allocation for the commercial sector. 

Relative to the alternatives considered, 

this would generate the least adverse 

economic effects on the commercial 

sector and thus on seafood consumers. 

Comment 10: Amendment 51 does not 

comply with National Standard 9 

because the amendment fails to account 

for dead discards and will increase 

bycatch of snowy grouper by setting a 

recreational season shorter than the 

blueline tilefish season. The snowy 

grouper recreational season needs to be 

adjusted to align with blueline tilefish 

as these species regularly co-occur. 

Amendment 51 does nothing to 

minimize bycatch and will instead 

increase bycatch. The amendment fails 

to consider whether measures to 

minimize bycatch or bycatch mortality 

are possible such as multi-hook rigs 

when the daily bag limit is one snowy 

grouper per vessel. 

Response: NMFS disagrees that 

Amendment 51 violates MagnusonStevens Act National Standard 9, and 

NMFS explained in the response to 

Comment 3 how Amendment 51 

accounted for dead discards. National 

Standard 9 requires that conservation 

and management measures, ‘‘to the 

extent practicable: (1) minimize 

bycatch; and (2) to the extent bycatch 

cannot be avoided, minimize the 

mortality of such bycatch.’’ 16 U.S.C. 

1851(a)(9). NMFS has determined that 

Amendment 51 minimizes bycatch and 

bycatch mortality to the extent 

practicable. This determination is 

supported by a Bycatch Practicability 

Analysis for the actions in Amendment 

51 (Appendix G to Amendment 51) that 

evaluated the practicability of taking 

additional action to minimize bycatch 

and bycatch mortality using the 10 

factors provided in the National 

Standard 9 Guidelines at 50 CFR 

600.350(d)(3)(i). 

NMFS acknowledges that commercial 

and recreational discards of snowy 

grouper may increase as a result of 

reduced ACLs and shorter fishing 

seasons. Many of the 55 managed 

snapper-grouper species, such as snowy 

grouper and blueline tilefish, occur 

together in certain areas. Fishermen will 

often target a species where retention is 

allowed, and then must discard a 

species if the harvest is closed. As the 

final rule will decrease the commercial 

ACL and retain the current in-season 

closure when the ACL is reached or 

projected to be reached, the commercial 

season is likely to close earlier in the 

year after the new commercial ACL in 

the final rule is implemented (see 

Appendix F of Amendment 51 for a 

projection of the commercial season 

length). In turn, a longer closed season 

could increase discards of snowy 

grouper if fishermen are targeting 

species that co-occur with snowy 

grouper. 

Similarly, recreational discards may 

increase with a lower recreational ACL 

and shorter season if fishermen target 

species that also occur with snowy 

grouper when harvest for snowy grouper 

is closed. However, any adverse effects 

are expected to be minor because 

discards comprise a relatively minor 

component of the over total mortality of 

snowy grouper. For example, snowy 

grouper and blueline tilefish occur 

together in some areas, and for the 

recreational sector, the current fishing 

seasons for both species are open from 

May through August. This final rule will 

reduce the recreational season for 

snowy grouper from 4 to 2 months. 

Amendment 52 to the FMP will reduce 

the bag limit and change the 

recreational accountability measures for 

blueline tilefish but will not change the 

4-month season (88 FR 76696, 

November 7, 2023). NMFS 

acknowledges that fishermen will need 

to discard snowy grouper during the 

snowy grouper closure. Based on public 

input, snowy grouper discards are not 

expected to change north of Cape 

Hatteras, North Carolina, as the typical 

habitats where snowy grouper and 

blueline tilefish occur are more 

segregated. 

Despite the possible change in 

discards, the reduction in ACLs and 

recreational fishing season are needed to 

end overfishing, continue to rebuild the 

stock, and offer long-term social 

benefits. The National Standard 9 

Guidelines advise that conservation and 

management measures must also be 

consistent with all of the other national 

standards and maximization of net 

benefits to the Nation (50 CFR 

600.350(d)(3)(i)). NMFS has determined 

that the actions in the final rule are 

required to prevent overfishing while 

achieving, on a continuing basis, the OY 

from the fishery (National Standard 1), 

set an ACL that does not exceed the 

ABC (National Standard 1), implement 

conservation and management measures 

based upon the best scientific 

information available (National 

Standard 2), and minimize adverse 

economic impacts on fishing 

communities (National Standard 8). See 

also the responses to Comments 6 and 

7 for a discussion of the multiple factors 

that were considered when choosing the 

length of the snowy grouper recreational 

season, including the season length 

projections, economic concerns, and the 


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expected or potential changes in 

bycatch. 

Any change to snowy grouper 

discards from the actions in the final 

rule may not have a significant affect to 

the overall health of the stock. Dead 

discards comprise a minor component 

of the overall mortality of snowy 

grouper, with total removals of snowy 

grouper estimated to comprise on 

average 95.4 percent landings and 4.6 

percent dead discards (SEDAR 36 

Update). NMFS considered the actions 

and analyses in Amendment 51, and 

evaluated the practicability of taking 

additional action to minimize bycatch 

and bycatch mortality (50 CFR 

600.350(d)(3)(i)). In summary, NMFS 

does not expect the actions in 

Amendment 51 to significantly 

contribute to or detract from the current 

level of bycatch in the snapper grouper 

fishery, as supported by the Bycatch 

Practicability Analysis for Amendment 

51 (Appendix G). 

NMFS has implemented other 

measures to reduce bycatch and bycatch 

mortality. For example, in 

implementing Regulatory Amendment 

29 to the FMP on July 15, 2020, to 

reduce bycatch, NMFS required that a 

descending device be available and 

ready for use on all commercial, forhire, and private recreational vessels 

while fishing for or possessing snappergrouper species. To reduce fishing 

mortality, that final rule also required 

the use of non-offset non-stainless steel 

circle hooks when fishing for snappergrouper species with hook-and-line gear 

and natural bait north of 28° N latitude. 

(85 FR 36166, June 15, 2020). The 

Council has also developed a Best 

Fishing Practices Outreach Campaign 

for commercial and recreational 

fishermen that includes education and 

outreach and the collection of discard 

information through their Citizen 

Science Program. The program involves 

fishermen and scientists working 

together to collect information that can 

be used for stock assessments and 

management. 

Comment 11: NMFS’ National 

Standard Guidelines recommend use of 

an annual catch target (ACT), or buffer 

below the ACL, to ‘‘account for 

management uncertainty in controlling 

the catch at or below the ACL.’’ 

Amendment 51 does not specify an ACT 

or buffer for the recreational sector 

despite massive, acknowledged 

management uncertainty. 

Response: NMFS acknowledges that 

the Council did not consider a 

recreational ACT in Amendment 51. 

Recreational ACTs have not been used 

for management purposes under the 

FMP, and ACTs were recently 

eliminated through Amendment 49 to 

the FMP for all snapper-grouper species 

because management uncertainty is 

already accounted for when setting 

ACLs (88 FR 65819, September 26, 

2023). 

Comment 12: It is unfair to impose a 

rule that is effective May 1 through June 

30 and the proposal was introduced on 

May 22, 2023. If the amendment is 

approved, it should be effective further 

in the future as to allow recreational 

fisherman time to catch snowy grouper. 

Response: NMFS published the notice 

that announced the availability of 

Amendment 51 for public review and 

comment in the Federal Register on 

May 22, 2023 (88 FR 32717), and 

published the proposed rule for public 

review and comment on May 30, 2023 

(88 FR 34460). Prior to these public 

comment periods, the actions in 

Amendment 51 were introduced and 

discussed during multiple public 

Council meetings that also had public 

comment periods. Amendment 51 was 

approved on August 17, 2023, and after 

this final rule to implement Amendment 

51 publishes in the Federal Register, 

there will be a 30-day delay before the 

management measures in this rule 

become effective, consistent with the 

Administrative Procedure Act, as 

specified in the DATES section of this 

final rule. 

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 51, 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). 

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 socioeconomic implications and potential 

impacts on small businesses are 

addressed in the responses to Comments 

6, 8, and 9 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 

snowy grouper total ACL, (2) revise the 

snowy grouper sector ACLs, (3) modify 

the snowy grouper recreational season, 

and (4) revise the recreational AMs for 

snowy grouper. The changes to the 

ACLs, as well as the sector allocations, 

would apply to all federally-permitted 

commercial vessels, federally-permitted 

charter vessels and headboats (for-hire 

vessels), and recreational anglers that 

fish for or harvest snowy grouper in 

Federal waters of the South Atlantic. 

The changes to the recreational season 

and AMs only apply to federally 

permitted owners and operators of forhire vessels and recreational anglers. 

This final rule will not directly apply to 

federally-permitted dealers. Any change 

in the supply of snowy grouper 

available for purchase by dealers as a 

result of this final rule, and associated 

economic effects, would be an indirect 

effect of this rule and would therefore 

fall outside the scope of the Regulatory 

Flexibility Act (RFA). 

Although all components of this final 

rule 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 snowy grouper 

management measures will not 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, which would be 

secondary to any direct effect on anglers 

and, therefore, an indirect effect of this 

final rule. Based on the historicallyminimal level of charter-mode target 

effort for snowy grouper in the South 

Atlantic, NMFS does not expect any 

change in for-hire trip demand to result 

from this final rule; however, should it 

occur, the associated indirect effects 

would fall outside the scope of the RFA. 

For-hire captains and crew are allowed 

to retain snowy grouper under the 

recreational bag limit; however, they 

cannot sell these fish. As such, for-hire 

captains and crew are only affected as 

recreational anglers. The RFA does not 

consider recreational anglers to be 

entities, so they are also outside the 

scope of this analysis (5 U.S.C. 604). 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions (5 U.S.C. 


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601(6) and 601(3)–(5)). Recreational 

anglers are not businesses, 

organizations, or governmental 

jurisdictions. 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 commercial unlimited 

permits and 112 valid or renewable 

commercial 225-lb (102-kg) trip-limited 

snapper-grouper permits. On average 

from 2015 through 2019, there were 161 

federally-permitted commercial vessels 

with reported landings of snowy 

grouper in the South Atlantic. For the 

161 commercially permitted vessels, the 

average annual vessel-level gross 

revenue from all species for 2015 

through 2019 was $82,475 (2021 dollars) 

and snowy grouper accounted for 

approximately 6.1 percent of this 

revenue. For commercial vessels that 

harvest snowy grouper in the South 

Atlantic, NMFS estimates that economic 

profits are $3,299 (2021 dollars) or 

approximately 4 percent of annual gross 

revenue, on average. The maximum 

annual revenue from all species 

reported by a single one of the vessels 

that harvested snowy grouper 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 total 

ACL for snowy grouper, based on the 

most recent ABC recommendation from 

the Council’s SSC in response to the 

SEDAR 36 Update. This catch limit 

reflects a shift in recreational reporting 

units from the MRIP–CHTS to the 

MRIP–FES. The total ACL will be set 

equal to the ABC or 119,654 lb (54,274 

kg) in 2023, 121,272 lb (55,008 kg) in 

2024, and 122,889 lb (55,742 kg) in 2025 

and subsequent years. Based on the 

current sector allocation percentages, 

these changes to the catch limits 

represent a decrease in the current 

commercial ACL for snowy grouper of 

54,622 lb (24,776 kg) in 2023, 53,279 lb 

(24,167 kg) in 2024, and 51,937 lb 

(23,558 kg) in 2025 and subsequent 

years. However, as discussed below, this 

final rule will also modify the 

percentage of the total ACL that is 

allocated to the commercial sector and 

therefore economic effects to small 

entities are quantified as part of that 

discussion. 

Amendment 51 will increase the 

commercial sector allocation from 83 

percent of the total snowy grouper ACL 

to 87.55 percent. This, in conjunction 

with the changes to the total ACLs, 

results in a commercial ACL for snowy 

grouper of 104,757 lb (47,517 kg) in 

2023 (73,330 lb [33,262 kg] in Season 1 

and 31,427 lb [14,255 kg] in Season 2); 

106,174 lb (48,160 kg) in 2024 (74,322 

lb [33,712 kg] in Season 1 and 31,852 lb 

[14,448 kg] in Season 2); and 107,589 lb 

(48,802 kg) in 2025 and in subsequent 

years (75,312 lb [34,161 kg] in Season 1 

and 32,277 lb [14,641 kg] in Season 2). 

Relative to the status quo commercial 

ACL of 153,935 lb (69,824 kg), this is a 

decrease of 49,178 lb (22,307 kg) in 

2023; 47,761 lb (21,664 kg) in 2024; and 

46,346 lb (21,022 kg) in 2025 and in 

subsequent years. These decreases in 

the commercial ACL are expected to 

result in corresponding decreases in 

aggregate ex-vessel revenue of $284,249 

(2021 dollars) in 2023, $276,059 in 

2024, and $267,880 in 2025 and 

subsequent years, noting that the 2023 

ex-vessel revenue estimates are likely 

overstated given the expected 

implementation of this final rule later in 

this fishing year. Divided by the average 

number of vessels with reported 

landings of snowy grouper from 2015 

through 2019, this translates to an 

annual loss in ex-vessel revenue that 

ranges from $1,664 (2021 dollars) to 

$1,766 per vessel, which is 

approximately 2 percent of average 

annual per vessel gross revenue. It is 

noted that snowy grouper makes up a 

relatively small portion of annual gross 

revenue for vessels that land the species 

(6.1 percent), and on trips where snowy 

grouper are harvested, it comprises less 

than a quarter of trip revenue, on 

average (2015 to 2019). Therefore, 

NMFS assumes snowy grouper is 

harvested as a secondary, if not 

incidental, species on trips targeting 

other species and that this final rule will 

not materially affect fishing behavior, 

effort, or operating costs. As a result, the 

estimated reduction in annual ex-vessel 

revenue due to less snowy grouper 

available for harvest is assumed to be a 

straight loss in annual economic profits 

of $1,664 (2021 dollars) to $1,766 per 

vessel (approximately 50 percent to 54 

percent of average annual economic 

profits). Individual fishing businesses, 

however, may experience varying levels 

of economic effects, depending on their 

fishing practices, operating 

characteristics, and profit maximization 

strategies. 

The following discussion describes 

the alternatives that were considered 

but not implemented in this final rule. 

Three alternatives were considered for 

the action to set the ABC, total ACL, and 

annual OY equal to 119,654 lb (54,274 

kg) in 2023, 121,272 lb (55,008 kg) in 

2024, and 122,889 lb (55,742 kg) in 2025 

and subsequent years. The first 

alternative to the action, the no action 

alternative, would maintain the current 

ABC, ACL, and annual OY of 185,464 lb 

(84,125 kg). Therefore, it would not be 

expected to change fishing practices or 

commercial harvests of snowy grouper, 

nor would it be expected to have 

resulting economic effects. This 

alternative was not selected by the 

Council because it would not end 

overfishing and it would be inconsistent 

with the SSC’s latest catch limit 

recommendations and the transition to 

MRIP–FES, and therefore, would not be 

based on the best scientific information 

available. 

The second alternative would set the 

ACL and annual OY for snowy grouper 

equal to 95 percent of the most recent 

ABC recommendation from the SSC. 

Under the second alternative, both the 

ACL and annual OY would be set to 

113,671 lb (51,560 kg) in 2023, 115,208 

lb (52,257 kg) in 2024, and 116,745 lb 

(52,955 kg) in 2025 and in subsequent 

years. 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 and annual OY by an 

additional 5,983 lb (2,714 kg) in 2023, 

6,064 lb (2,751 kg) in 2024, and 6,144 

lb (2,787 kg) in 2025 and in subsequent 

years. These further reductions in the 

ACL would result in an estimated 

annual reduction in ex-vessel revenue 

and economic profits that is $34,582 

(2021 dollars) to $35,512 ($215 to $221 

per vessel) greater than what is expected 

under the total ACLs set by this final 

rule. The Council did not select the 

second alternative because they decided 

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, as well 

as those implemented by this final rule, 

would be sufficient at preventing 

overages, thus not requiring a buffer 

between the ABC and ACL. 


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83868 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 

The third alternative would set the 

ACL and annual OY for snowy grouper 

equal to 90 percent of the most recent 

ABC recommendation from the SSC. 

Under the third alternative, both the 

ACL and annual OY would be set to 

107,689 lb (48,847 kg) in 2023, 109,145 

lb (49,507 kg) 2024, and 110,600 lb 

(50,167 kg) in 2025 and subsequent 

years. 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 and annual OY by an 

additional 11,965 lb (5,427 kg) in 2023, 

12,127 lb (5,501 kg) in 2024, and 12,289 

lb (5,574 kg) in 2025 and subsequent 

years. These further reductions in the 

ACL would result in an estimated 

annual reduction in ex-vessel revenue 

and economic profits that is $69,158 

(2021 dollars) to $71,030 ($430 to $441 

per vessel) greater than what is expected 

under the total ACLs set by this final 

rule. The Council did not select the 

third alternative because they decided 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, as well 

as those implemented by this final rule, 

would be sufficient at preventing 

overages, thus not requiring a buffer 

between the ABC and ACL. 

Two alternatives were considered for 

the action to revise sector allocations 

and ACLs for snowy grouper. The first 

alternative to the action, the no action 

alternative, would retain the current 

commercial sector and recreational 

sector allocations as 83 percent and 17 

percent, respectively, of the revised total 

ACL for snowy grouper. Based on the 

total ACLs set by this final rule of 

119,654 lb (54,274 kg) in 2023, 121,272 

lb (55,008 kg) in 2024, and 122,889 lb 

(55,742 kg) in 2025 and subsequent 

years, this alternative would result in a 

commercial ACL of 99,313 lb (45,048 

kg) in 2023, 100,656 lb (45,657 kg) in 

2024, and 101,998 lb (46,266 kg) in 2025 

and subsequent years. Compared to the 

commercial sector allocation set by this 

final rule of 87.55 percent, this 

alternative would result in a commercial 

ACL that is 5,444 lb (2,469 kg) lower in 

2023, 5,518 lb (2,503 kg) lower in 2024, 

and 5,591 lb (2,536 kg) lower in 2025 

and subsequent years. This would 

translate to an additional aggregate 

annual loss in ex-vessel revenue and 

economic profits of $31,466 (2021 

dollars) to $32,316 ($195 to $201 per 

vessel) relative to this final rule. The 

Council did not select the first 

alternative because the status quo sector 

allocation percentages are based on 

average landings from 1986 through 

2005 in MRIP–CHTS units and therefore 

do not reflect the intent or results of the 

original allocation formula when 

applied to the new ACL based on MRIP– 

FES units. The terms ‘‘MRIP–CHTS 

units’’ and ‘‘MRIP–FES units’’ signify 

landings data that are in different scales 

and are not directly comparable. 

The second alternative would allocate 

73.36 percent of the revised total ACL 

for snowy grouper to the commercial 

sector and 26.64 percent of it to the 

recreational sector. Based on the total 

ACLs set by this final rule, this 

alternative would result in a commercial 

ACL of 87,778 lb (39,815 kg) in 2023, 

88,965 lb (40,354 kg) in 2024, and 

90,151 lb (40,892 kg) in 2025 and 

subsequent years. Compared to the 

commercial sector allocation set by this 

final rule of 87.55 percent, this 

alternative would result in a commercial 

ACL that is 16,979 lb (7,702 kg) lower 

in 2023, 17,209 lb (7,806 kg) lower in 

2024, and 17,438 lb (7,910 kg) lower in 

2025 and subsequent years. This would 

translate to an additional aggregate 

annual loss in ex-vessel revenue and 

economic profits of $98,139 (2021 

dollars) to $100,792 ($610 to $626 per 

vessel) relative to this final rule. The 

Council did not select the second 

alternative because they decided that 

the method used to determine the 

current allocations (average landings 

from 1986 through 2005) was more 

appropriate than the allocations formula 

adopted through the 2012 

Comprehensive ACL Amendment to the 

FMP for unassessed species (77 FR 

15916, March 16, 2012). They also 

decided that the second alternative 

would be less effective at achieving the 

objectives of the FMP and satisfying the 

needs of the commercial sector, in 

particular. 

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 

shall publish one or more guides to 

assist small entities in complying with 

the rule and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

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, NMFS prepared a 

fishery bulletin, which also serves as a 

small entity compliance guide. Copies 

of this final rule are available from the 

Southeast Regional Office, and the 

guide, i.e., fishery bulletin, will be sent 

to all known industry contacts in the 

snapper-grouper fishery and be posted 

at https://www.fisheries.noaa.gov/tags/ 

small-entity-complianceguide?title=&field_species_vocab_

target_id=&field_region_vocab_target_

id%5B1000001121%5D=

1000001121&sort_by=created. The 

guide and this final rule will be 

available upon request. 

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 

Commercial, Fisheries, Fishing, 

Recreational, Snowy grouper, South 

Atlantic. 

Dated: November 27, 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, revise paragraph (b)(8) 

to read as follows: 

§ 622.183 Area and seasonal closures. 

* * * * * 

(b) * * * 

(8) Snowy grouper recreational sector 

closure. The recreational sector for 

snowy grouper in the South Atlantic 

EEZ is closed each year from January 1 

through April 30, and July 1 through 

December 31. During a recreational 

closure, the bag and possession limits 

for snowy grouper harvested in or from 

the South Atlantic EEZ are zero. 

* * * * * 

■ 3. In § 622.190, revise paragraphs 

(a)(1)(i) and (ii) to read as follows: 

§ 622.190 Quotas. 

* * * * * 

(a) * * * 

(1) * * * 

(i) From January 1 through June 30 

each year. 

(A) 2023—73,330 lb (33,262 kg). 

(B) 2024—74,322 lb (33,712 kg). 

(C) 2025 and subsequent fishing 

years—75,312 lb (34,161 kg). 

(ii) From July 1 through December 31 

each year. 


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Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 83869 

(A) 2023—31,427 lb (14,255 kg). 

(B) 2024—31,852 lb (14,448 kg). 

(C) 2025 and subsequent fishing 

years—32,277 lb (14,641 kg). 

* * * * * 

■ 4. In § 622.193, revise paragraph (b) to 

read as follows: 

§ 622.193 Annual catch limits (ACLs), 

annual catch targets (ACTs), and 

accountability measures (AMs). 

* * * * * 

(b) Snowy grouper—(1) Commercial 

sector. (i) If commercial landings of 

snowy grouper, as estimated by the 

SRD, reach or are projected to reach the 

commercial ACL that is equal to the 

commercial quota specified in 

§ 622.190(a)(1), the AA will file a 

notification with the Office of the 

Federal Register to close the commercial 

sector for the remainder of the fishing 

year. Applicable restrictions after a 

commercial quota closure are specified 

in § 622.190(c). 

(ii) If commercial landings of snowy 

grouper, as estimated by the SRD, 

exceed the commercial ACL, and the 

combined commercial and recreational 

ACL specified in paragraph (b)(3) of this 

section is exceeded, and snowy grouper 

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. (i) The 

recreational ACL for snowy grouper is 

1,668 fish for 2023; 1,691 fish for 2024; 

and 1,713 fish for 2025 and subsequent 

fishing years. 

(ii) If recreational landings for snowy 

grouper exceed the recreational ACL 

specified in paragraph (b)(2)(i) of this 

section, then during the following 

fishing year NMFS will reduce the 

length of the recreational fishing season 

by the amount necessary to prevent 

recreational landings from exceeding 

the recreational ACL in the following 

fishing year. 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 for snowy 

grouper is closed as a result of NMFS 

reducing the length of the recreational 

fishing season, the bag and possession 

limits for snowy grouper harvested in or 

from the South Atlantic EEZ are zero. 

(3) Total ACL. The combined 

commercial and recreational ACL for 

snowy grouper in gutted weight is 

119,654 lb (54,274 kg) for 2023; 121,272 

lb (55,008 kg) for 2024; and 122,889 lb 

(55,741 kg) for 2025 and subsequent 

fishing years. 

* * * * * 

[FR Doc. 2023–26351 Filed 11–30–23; 8:45 am] 

BILLING CODE 3510–22–P 


lotter on DSK11XQN23PROD with RULES1