[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Rules and Regulations]
[Pages 271-276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28906]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 231222-0315]
RIN 0648-BL98


Snapper-Grouper Fishery of the South Atlantic Region; Golden Crab 
Fishery of the South Atlantic Region; Dolphin and Wahoo Fishery of the 
Atlantic; Acceptable Biological Catch Control Rules

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement amendments to the Fishery 
Management Plans (FMPs) for the Snapper-Grouper Fishery, the Golden 
Crab Fishery, and the Dolphin and Wahoo Fishery, referenced here as the 
Acceptable Biological Catch (ABC) Control Rule Amendments. This final 
rule modifies the ABC control rules, allows the phase-in of subsequent 
ABC changes, allows some carry-over of an unharvested portion of the 
annual catch limit (ACL) to the following fishing year, and modifies 
the FMP framework procedures to implement carry-overs of ACLs when 
appropriate. NMFS also implements an administrative clarification to 
existing regulations for the Snapper-Grouper FMP framework procedure. 
The purpose of this final rule is to ensure catch level recommendations 
are based on the best scientific information available, prevent 
overfishing while achieving optimum yield, and increase flexibility in 
setting catch limits.

DATES: This final rule is effective February 2, 2024.

ADDRESSES: An electronic copy of the ABC Control Rule Amendments, which 
includes an environmental assessment, a fishery impact statement, and a 
regulatory impact review, may be obtained from the NMFS Southeast 
Regional Office website at https://www.fisheries.noaa.gov/action/comprehensive-acceptable-biological-catch-abc-control-rule-amendment-revisions-abc-control.

FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305, 
or email: <a href="/cdn-cgi/l/email-protection#d3bdbab8bbbabffdbeb6bba7b293bdbcb2b2fdb4bca5"><span class="__cf_email__" data-cfemail="95fbfcfefdfcf9bbf8f0fde1f4d5fbfaf4f4bbf2fae3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The South Atlantic snapper-grouper and 
golden crab fisheries are managed under the Snapper-Grouper FMP and 
Golden Crab FMP, respectively. The dolphin and wahoo fishery of the 
Atlantic is managed under the Dolphin and Wahoo FMP. These 3 FMPs were 
prepared by the South Atlantic Fishery Management Council (Council) and 
are 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). The Council has developed, and 
NMFS has approved, the Comprehensive Acceptable Biological Catch 
Control Rule Amendment: Revisions to the Acceptable Biological Catch 
Control Rules and Specifications for Carry-Overs and Phase-Ins. The 
Council document is composed of Amendment 45 to the Snapper-Grouper 
FMP, Amendment 11 to the Golden Crab FMP, and Amendment 11 to the 
Dolphin and Wahoo FMP.

Background

    The Magnuson-Stevens Act requires that NMFS and the regional 
fishery management councils prevent overfishing and achieve, on a 
continuing basis, the optimum yield from federally managed fish stocks. 
These mandates are intended to ensure

[[Page 272]]

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. The 
Council and NMFS manage snapper-grouper species and golden crab in 
Federal waters from North Carolina south to the Florida Keys. The 
Council and NMFS manage the dolphin and wahoo fishery in Federal waters 
from Maine south to the Florida Keys.
    The Magnuson-Stevens Act requires the Secretary to approve, 
disapprove, or partially approve fishery management plan amendments and 
issue regulations necessary to implement them (16 U.S.C. 1854(a)). On 
September 11, 2023, NMFS published a notice of availability for the ABC 
Control Rule Amendments and requested public comment (88 FR 62309). On 
October 2, 2023, NMFS published a proposed rule for the ABC Control 
Rule Amendments and requested public comment (88 FR 67721). NMFS 
approved the ABC Control Rule Amendments on December 8, 2023. The 
proposed rule and the ABC Control Rule Amendments detail the rationale 
for the actions contained in this final rule and is not all repeated 
here. This final rule (1) provides notice of approval of the ABC 
Control Rule Amendments and (2) makes minor changes to regulatory text 
to implement those amendments to the FMPs. A summary of the management 
measures described in the ABC Control Rule Amendments and implemented 
by this final rule is provided below.
    The Council's Scientific and Statistical Committee (SSC) will use 
the ABC control rules described in the ABC Control Rule Amendments and 
implemented by this final rule to recommend future ABC levels to the 
Council. The ABC control rules use uncertainty and risk ranking traits 
to determine the acceptable risk of overfishing. The ABC control rule 
is the method by which the ABC for a stock is set, ideally based on an 
overfishing limit (OFL) from a stock assessment but at times 
established using more data-limited methodologies. The acceptable risk 
of overfishing is denoted as P-Star (P*) and is applied through stock 
assessment projections to develop the SSC's ABC recommendation to the 
Council.
    In October 2016, NMFS published a final rule to revise the 
guidelines for National Standard 1 (NS1) of the Magnuson-Stevens Act 
(81 FR 71858, October 18, 2016). NS1 states that fishery conservation 
and management measures shall prevent overfishing while achieving, on a 
continuing basis, the optimum yield from each fishery for the United 
States fishing industry. One of the objectives of the 2016 NS1 
revisions was to provide additional flexibility within current 
statutory limits to address fishery management issues. For example, the 
revised NS1 guidelines allow for changes in catch limits to be phased 
in over time. A similar ``phase-in'' provision is included in the ABC 
Control Rule Amendments and this final rule. The revised guidelines 
also allow for some of the unused portion of an ACL to be carried over 
from a single fishing year to the next, which is also described as 
``carry-over'' in this final rule.
    The ABC Control Rule Amendments incorporate carry-over and phase-in 
provisions by modifying the existing ABC control rules for the Snapper-
Grouper, Golden Crab, and Dolphin and Wahoo FMPs by clarifying the 
incorporation of scientific uncertainty and management risk, modifying 
the approach used to determine the acceptable risk of overfishing, and 
prioritizing the use of stock rebuilding plans for overfished stocks.

Management Measure Contained in This Final Rule

Modify Framework Procedures

    The ABC Control Rule Amendments and this final rule will modify the 
framework procedures in the Snapper-Grouper, Golden Crab, and Dolphin 
and Wahoo FMPs to allow for the future transfer, if pre-qualifying 
criteria are met, of an unharvested portion of a stock, total, or 
sector-specific ACL to the following fishing year (details are 
described in the Allow Carry-Over of Unharvested Portion of ACLs 
section of this final rule).
    The revised FMP framework procedures implemented by this final rule 
will allow for the potential carry-over of an ACL in future management 
actions. Before NMFS can implement an ACL carry-over, other preceding 
steps by the Council, SSC, and NMFS must occur.
    First, a future stock assessment must be conducted to determine if 
a species is eligible for carry-over and specify the appropriate catch 
level based on the criteria contained in the applicable ABC control 
rule. Then, the SSC would determine and recommend an ABC to the Council 
and the Council would develop an FMP amendment or framework action for 
the species that includes the option of ACL carry-over. If the related 
rulemaking was implemented by NMFS, then that species would be eligible 
for future carry-over through a subsequent action under the abbreviated 
framework procedures described in this final rule. To support potential 
carry-over justification, a Term of Reference will be added to each 
future stock assessment to project the maximum amount of landings 
beyond the ABC that could be carried over in 1 year while not resulting 
in overfishing or the stock becoming overfished within the projection 
period.
    When the Council develops a subsequent fishery management action in 
response to a stock assessment to specify or revise an ABC and ACL for 
a stock or sector, the Council will determine whether carry-over will 
be authorized if annual conditions cause a stock ACL or sector ACL to 
qualify for carry-over. In doing so, the Council will consider the 
potential need for, and benefits of, carry-over for a stock that could 
become eligible according to criteria specified in the ABC control 
rule. The Council will also consider the duration of time when the 
specified ABC and ACL are effective. An FMP amendment or framework 
action that specifies carry-over for a stock or sector will include 
analysis of the relevant biological, economic, and social information 
necessary to meet the criteria and guidance of the ABC control rule.
    Following the conclusion of each fishing year, Council staff will 
notify the Council if any stocks and sectors for which carry-over is 
approved qualify based on the previous year's landings, including 
preliminary landings estimates from the previous year if those landings 
data are not yet finalized. If a stock or sector qualifies for carry-
over according to specifications of the ABC recommended by the SSC and 
annual landings meet criteria specified in the ABC control rule, NMFS 
will implement carry-over of eligible landings from the previous year 
via a temporary rule published in the Federal Register through the 
existing FMP framework procedure and rulemaking process.
    The ACL carry-over procedure for eligible fish stocks or fishery 
sectors generally will not require additional advisory panel (AP) input 
or SSC recommendation, because input relevant to an ABC being approved 
with potential for ACL carry-over will be part of the prior development 
process for the FMP amendment or framework in which the ABC and ACL for 
a stock or sector are already specified. Application of the carry-over 
procedure is expected to be routine and formulaic.
    The NMFS Regional Administrator (RA) will review any Council 
recommendations for carry-over and supporting information. If the RA

[[Page 273]]

concurs that the Council's recommendations are consistent with the 
objectives of the applicable FMP, the Magnuson-Stevens Act, and all 
other applicable law, the RA will be authorized to implement the 
Council's proposed action through publication of appropriate 
notification in the Federal Register.
    If the Council chooses to deviate from the criteria and guidance of 
the ABC control rules, this abbreviated process will not apply.
    Further details of the process can be found in section 2.4.1 and 
Appendix J of the ABC Control Rule Amendments. An example of the carry-
over can be found in Appendix H of the ABC Control Rule Amendments.
    The new process will allow ACL carry-overs to occur in a more 
timely manner than that of an FMP amendment or framework action. A 
faster process is necessary due to the year-to-year nature of carry-
overs. Under-harvest of an ACL may only be carried over in the 
immediate next year. Therefore, defining a stock's eligibility and the 
amount of ACL being carried over must occur quickly enough such that 
the fishery has time to harvest the carried over amount within the 
fishing year following a year of under-harvest. The process also 
provides the Council discretion in determining whether carry-over 
should be applied to a potentially eligible stock when setting the ABC 
and ACL.
    It is important to note that this final rule will not change 
current ABCs or ACLs for any species managed under the FMPs affected by 
the ABC Control Rule Amendments. This rule makes no other substantive 
changes to the current framework procedures in the Snapper-Grouper, 
Golden Crab, and Dolphin and Wahoo FMPs.

Management Measures in the ABC Control Rule Amendments Not Codified by 
This Final Rule

    In addition to the regulatory language within this final rule, the 
ABC Control Rule Amendments contain more specific provisions that 
modify the ABC control rules, allow the phasing in of ABC changes, and 
allow carry-over of unharvested portion of the ACL, for Snapper-
Grouper, Golden Crab, and Dolphin and Wahoo FMPs.

Modify the ABC Control Rules

    The ABC Control Rule Amendments will modify the ABC control rules 
for the Snapper-Grouper, Golden Crab, and Dolphin and Wahoo FMPs by 
categorizing stocks based on the available information, scientific 
uncertainty evaluation, and incorporation of the Council's risk 
tolerance policy through an accepted P*. The Council will specify the 
P* based on relative stock biomass and a stock risk rating. When 
possible, the SSC will determine the OFL and characterize its 
uncertainty based primarily on the stock assessment and secondarily on 
the SSC's expert opinion. The SSC will then use the OFL and its 
uncertainty to derive and recommend the ABC to the Council, based on 
the risk tolerance specified by the Council. The detailed step-by-step 
procedure detailing how the ABC is derived for assessed stocks can be 
found in section 2.1.1 of the ABC Control Rule Amendments. ABC for 
unassessed stocks will be recommended by the SSC based on applicable 
data-limited methods. Unassessed stocks will be assigned the moderate 
biomass level unless there is a recommendation from the SSC that 
justifies assignment of a different level. For overfished stocks, the 
Council will specify a stock rebuilding plan, considering 
recommendations from the SSC and the AP of the respective FMP. The ABC 
enacted while the rebuilding plan is in effect will be based on 
recommendations from the Council's SSC. The probability of success for 
rebuilding plans (1 minus P*) will be at least 50 percent. Control rule 
categories for assessments are described in detail in Table 2.1.1.2 of 
the ABC Control Rule Amendments.
    In summary, four categories in the revised ABC control rules will 
facilitate an ABC determination based on scientific uncertainty and SSC 
guidance. The Council, with advice from the SSC and AP, will evaluate 
management risk for each stock through a stock risk rating. Stock risk 
ratings include information already used in the productivity and 
susceptibility analysis (PSA), but also incorporate socio-economic (for 
example, potential for discard losses, annual commercial value, 
recreational desirability, etc.) and environmental attributes (for 
example, climate change) (see Appendix E of the ABC Control Rule 
Amendments for more details). These recommendations will be revisited 
when new information becomes available (for example, a new stock 
assessment). The Council will then specify the risk rating as low, 
medium, or high risk of overfishing. A higher risk of overfishing will 
indicate that risk tolerance (i.e., the accepted probability of 
overfishing) should be lower. These stock risk ratings, along with 
relative biomass levels, will be used to determine the Council's 
default risk tolerance for each stock. Default P* values based on 
relative biomass and stock risk rating are shown in Table 2.1.1.3 of 
the ABC Control Rule Amendments. As an example, a stock with high 
biomass and medium stock risk rating will have a P* of 45 percent. This 
will be lower than the OFL, in accordance with Magnuson-Stevens Act. 
The SSC can recommend the Council reconsider the stock risk rating. 
This could happen, for example, with the emergence of new scientific 
studies or new information discovered through a stock assessment.
    The modified ABC control rules will also allow the Council to 
deviate, to a greater or lesser amount, from the default accepted 
probability of overfishing by up to 10 percent for an individual stock, 
based on its expert judgment, new information, or recommendations by 
the SSC or other expert advisors. Accepted probability of overfishing 
may not exceed 50 percent. Using a 50 percent probability of 
overfishing implies negligible scientific uncertainty and sets OFL 
equal to ABC. At P* equals 0.50, removals above ABC caused by 
deviations in biological parameters (for example, natural mortality 
(M), recruitment) could cause an overfishing determination and delay 
rebuilding plans. Therefore, adjusting P* above the value recommended 
by the SSC will be infrequent and well justified based on new 
scientific understanding and the Council's risk tolerance. 
Additionally, when requested by the Council, the SSC will recommend the 
ABC for up to 5 years as both a constant value across years and as 
individual annual values for the same period of years. These options 
provide more flexibility to both the Council and SSC in the ABC 
determination.
    The ABC Control Rule Amendments does not change the current ABC 
levels for any species managed under the Snapper-Grouper, Golden Crab, 
and Dolphin and Wahoo FMPs. Modifying the ABC control rules as 
specified will give the SSC the ability to recommend adjusting or 
deriving uncertainty of future assessment results (ultimately impacting 
projections of future catch) if they determine uncertainty is not 
adequately estimated through information used in the assessment. 
Evaluation of risk tolerance will also be improved by considering 
factors beyond the current PSA and expanding the range of reference 
points used to describe and incorporate relative biomass. For 
unassessed stocks, the modifications will expand the number of methods 
that could be considered for estimating OFL and ABC. The addition of 
economic factors in the ABC control

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rules will allow the Council to better consider the long-term economic 
implications when examining management risk, which could lead to better 
economic outcomes and increase net economic benefits in a fishery for a 
given species. The inclusion of social factors in the ABC control rules 
will allow the Council to directly consider the importance of a given 
species to fishing communities and businesses when determining risk 
tolerance and will have long-term social benefits in the form of a more 
appropriate ABC.

Allow the Phase-In of ABC Changes

    Currently, the phase-in of ABC changes is not allowed in the 
Snapper-Grouper, Golden Crab, and Dolphin and Wahoo FMPs. The ABC 
Control Rule Amendments will establish criteria specifying when the 
phase-in of ABC changes will be allowed and specify the approach for 
the phase-in of ABC changes.
    The ABC Control Rule Amendments will allow the phase-in of 
increases to ABC as specified by the Council, with advice from the SSC 
and AP. Increases to ABC (assuming the presence of comparable data 
between assessments) are generally indicative of an increase in 
relative biomass and improving stock condition. The revised approach in 
the ABC Control Rule Amendments allows greater consideration of 
ecological, social, and economic effects of an increased ABC, and 
increased flexibility in how that change can be implemented. Because 
ABCs during an increasing phase-in will be less than those initially 
recommended by the SSC, the phase-in period is not limited (i.e., it 
can exceed the maximum timeframe specified for the phase-in decreases). 
The Council may specify ABC to be less than the SSC's recommended ABC, 
but it may not exceed the SSC's recommendation. Phasing in an ABC 
increase will set ABC below the SSC's recommendation. If the phase-in 
is included in projections used to develop the SSC's ABC 
recommendation, there also may be an increase to the recommended long-
term ABC (i.e., the ABC that persists after the phase-in is complete). 
Thus, phasing in increases to ABC over a longer time period could 
result in a greater increase to long-term ABC, and phasing in increases 
over a shorter period could result in a smaller increase to long-term 
ABC.
    The ABC Control Rule Amendments will allow the phase-in of 
decreases to ABC when a new ABC is less than 80 percent of the existing 
ABC, and over a period not to exceed 3 years, which is the maximum 
phase-in period allowed by the NS1 guidelines. The criterion requiring 
a minimum threshold of difference between the current and new ABCs to 
be 20 percent defines a significant enough change to merit phasing in 
the change and is more flexible than other minimum threshold levels 
considered in the ABC Control Rule Amendments. The Council will 
consider whether to apply a phase-in on a case-by-case basis when 
specifying a stock ABC through an FMP amendment after a new ABC has 
been recommended by the SSC. A longer phase-in period provides more 
flexibility and allows a more gradual change from the existing ABC to 
the new ABC.
    The phase-in of the ABC is an option the Council can consider to 
address the social and economic effects from management changes. 
Adopting this flexibility does not require the Council to phase in all 
ABC changes, nor does adopting one approach for one stock prevent the 
Council from choosing a more restrictive schedule of ABC phase-ins 
(less than 3 years) for a different stock. When considering whether to 
phase in an ABC change, the Council will compare the risk to the stock 
against the expected social and economic benefits of the alternative 
ABC. Management strategy evaluations may be used to quantify such 
trade-offs. The Council will be able to consult with its scientific and 
fishery advisors to help develop a rationale and implementation plan 
for phase-ins. The phase-in of ABC changes is consistent with the NMFS 
2020 guidance and incorporates flexibility as per the revised NS1 
guidelines into the FMPs for Snapper-Grouper, Golden Crab, and Dolphin 
and Wahoo.

Allow Carry-Over of Unharvested Portion of ACLs

    Currently, carry-over of unharvested portion of ACLs is not allowed 
in the Snapper-Grouper, Golden Crab, and Dolphin and Wahoo FMPs. The 
ABC Control Rule Amendments will establish criteria specifying 
circumstances when an unharvested portion of the originally specified 
sector ACL can be carried over from a single fishing year to increase 
the available harvest in the immediate next year. Carry-overs may not 
be delayed, and only amounts from the originally specified sector ACL 
may be carried over. Carry-over of the unharvested portion of a sector 
ACL will be allowed if:
    (1) The stock status is known;
    (2) The stock is neither overfished nor experiencing overfishing;
    (3) An overfishing limit for the stock is defined;
    (4) ABC decreases are not being phased-in;
    (5) There are measures that restrict annual landings to the ACL; 
and
    (6) The post-season AM that reduces the ACL in the following year 
according to any landings overages is in place for that stock and 
sector.
    The ABC Control Rule Amendments also specify limits on how much of 
the unharvested portion of a sector ACL may be carried over from a 
single fishing year to increase the sector ACL in the next year. The 
ABC and the total ACL may be temporarily increased to allow this carry-
over. The temporary ABC may not exceed the OFL. The revised total ACL 
may not exceed the temporary ABC or the total ACL plus the carried over 
amount, whichever is less. If a stock experiences overfishing, either 
as the result of a stock assessment or as determined by NMFS' annual 
evaluation of landings, that stock will no longer qualify for carry-
over. Additional conditions to annually qualify for carry-over can be 
added on a stock-by-stock basis. For example, to prevent overharvest of 
other species commonly caught with the target species (referred to as 
co-caught species) during years with a carried-over ACL, a future FMP 
amendment specifying an ABC and ACL with carry-over could additionally 
require that the previous year's harvest for co-caught species also be 
less than or equal to the ACL for carry-over to occur. When applicable, 
the Council will specify whether fisheries that have split seasons or 
sub-sector allocations (such as gear allocations) should be eligible 
for inter-annual carry-over on a case-by-case basis.
    Carry-overs will also be sector-specific. The Snapper-Grouper and 
Dolphin and Wahoo FMPs have both commercial and recreational sectors 
whereas the Golden Crab FMP includes only a commercial sector. Thus, if 
only one sector is carrying over unused ACL, the carried-over amount 
will be allocated only to that sector, subject to limitations defined 
above. If more than one sector is carrying over unused ACL in the same 
year, each sector carry-over amount will be completely allocated to the 
sector from which it was derived, unless the sum of all carry-over 
amounts plus the specified total ACL is greater than the OFL. In this 
case, the difference between the temporary revised ABC and the 
specified total ACL will be allocated using sector allocation 
percentages specified by the FMP. A revised sector ACL and revised ABC 
will remain in place for a single fishing year. Following a year that 
included carry-over, evaluations of carry-over amounts for

[[Page 275]]

future years will be based on the ABC and sector ACLs specified by the 
FMP rather than on the temporarily revised values.
    The carry-over criteria and conditions contained in the ABC Control 
Rule Amendments are consistent with the NMFS 2020 guidance. The carry-
over criteria and conditions will also make carry-over applicable to 
only a few stocks managed by the Council under the Snapper-Grouper FMP 
at the time this action was developed. However, allowing carry-over 
does fulfill Federal guidance on carry-overs that requires allowance of 
this management tool to be included in an FMP, and provide additional 
management flexibility to better enable harvest of the optimum yield 
from a healthy stock.

Changes to Codified Text Not in the ABC Control Rule Amendments

    In this final rule, NMFS clarifies existing regulations in 50 CFR 
622.194(a) about the scope of allowable management changes using the 
framework procedure in the Snapper-Grouper FMP. Specifically, NMFS 
clarifies the allowable changes via framework to essential fish habitat 
(EFH), EFH habitat areas of particular concern (HAPCs), and coral 
HAPCs.
    In 2000, NMFS implemented two final rules that updated the Snapper-
Grouper FMP framework procedures to include EFH, EFH HAPCs, and coral 
HAPCs that enabled more timely implementation of subsequent management 
measures than is possible via an FMP amendment (65 FR 37292, June 14, 
2000; 65 FR 51248, August 23, 2000). Since NMFS implemented those final 
rules, NMFS has made no other changes to the framework procedure for 
EFH, EFH HAPCs, and coral HAPCs. Those regulations implemented Council 
recommendations to allow for the establishment of or modifications to 
EFH HAPCs or coral HAPCs via framework procedure. However, the rules 
are overly general and reference both ``definitions of EFH'' and 
``EFH,'' which could be interpreted as duplicative.
    In this final rule, NMFS clarifies the regulations by more clearly 
describing the existing parameters for EFH, EFH HAPCs, and coral HAPCs 
that can be changed via framework action. Accordingly, NMFS revises 
Sec.  622.194(a) without changing the Council's original management 
recommendations.

Comments and Reponses

    NMFS received four comments from individuals during the public 
comment period on the notice of availability and proposed rule for the 
ABC Control Rule Amendments. NMFS acknowledges the comment in favor of 
the actions in the ABC Control Rule Amendments and proposed rule and 
agrees that the actions will aid in ensuring sustainable fish 
populations. NMFS received two comments regarding the development of 
offshore wind infrastructure that were outside the scope of the ABC 
Control Rule Amendments and the proposed rule and are not responded to 
in this final rule. One commenter wanted more clarification and made 
comments for the actions contained in the ABC Control Rule Amendments 
and the proposed rule, and those comments are summarized below, along 
with NMFS' responses. The same commenter also expressed an opinion as 
to how to improve the organization of the discussion presented in 
Federal Register, to which no response is provided. No changes were 
made to this final rule as a result of public comment.
    Comment 1: Why do changes need to be made to the current framework 
procedures for the three FMPs regarding biomass levels, age-structure 
analyses, maximum sustainable yield, etc.?
    Response: This final rule will allow for the carry-over of future 
ACLs and in a more timely manner and is the only substantive change to 
the framework procedures for the three FMPs within the scope of this 
rule. This final rule also clarifies current regulations in 50 CFR 
622.194(a) about the scope of allowable management changes using the 
framework procedure in the Snapper-Grouper FMP as described earlier. 
This final rule will not change any other regulatory provisions 
currently included in the framework procedures for the Snapper-Grouper, 
Golden Crab, or Dolphin and Wahoo FMPs.
    Comment 2: Biological, social, and economic data from all sectors 
and the analyses are necessary to help guide changes to an ABC and ACL. 
It would be wise if the Council completed these analyses each year to 
track the changes in fish, which may be applied to future conservation 
projects as needed.
    Response: NMFS agrees. NMFS and the Council already have an 
extensive process in place to gather biological, social, and economic 
data from all sectors, and analyze the effects on any action to change 
an ABC or ACL. This is done via the amendments to an existing FMP, in 
consultation with the Council's AP, SSC, NMFS' Southeast Fisheries 
Science Center, and the public through scoping meetings, public 
hearings, and public comment opportunities at Council meetings. NMFS 
reviews and approves the FMP amendments and implements necessary 
regulations only after ensuring the actions are consistent with the 
Magnuson-Stevens Act and its National Standards, and all other 
applicable laws. NMFS and the Council track landings weekly for the 
commercial sector and recreational charter vessels and headboats, and 
every 2 months for the private recreational component, and conduct 
analyses as necessary. Fishery performance reports are published by the 
Council after getting extensive feedback from its APs for each FMP, 
investigating life-history parameters, and landings reports from 
fishery dependent and independent sources. NMFS and the Council 
evaluate trends and consider possible changes to the ABC and ACL 
through amendments to an FMP.
    Comment 3: What are the qualifications for including unassessed 
species in levels 2 through 5? Additionally, would it be possible for 
the five-star restoration system to be implemented here?
    Response: The current ABC control rules contain five levels of 
conditions, decisions, and processes, involved to set an ABC (see Table 
2.1.1.1 in the Comprehensive ABC Control Rule Amendments). Level 1 is 
for species that have stock assessments (assessed species). Levels 2 
through 5 apply to species without a stock assessment (unassessed 
species), with each level corresponding to a specific data-limited 
method used to calculate the ABC. Typically, the SSC proceeded 
sequentially through the levels adopting the first level that was 
adequate for deriving an ABC for the unassessed stock at issue. This 
final rule will implement revised ABC control rules by removing levels 
1 through 5, and establishing four categories to set an ABC (see Table 
2.1.1.2 and Section 2.1.1 in the Comprehensive ABC Control Rule 
Amendments for more details).
    NMFS is unclear what the commenter meant by ``the five-star 
restoration system'' and, therefore, cannot provide a response.

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 the ABC Control Rule Amendments, the Snapper-Grouper, 
Golden Crab, and Dolphin and Wahoo FMPs, 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.
    The Magnuson-Stevens Act provides the legal basis for this final 
rule. No

[[Page 276]]

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 is contained in the 
SUMMARY and SUPPLEMENTARY INFORMATION sections of the preamble. The 
objectives of this final rule are to ensure catch level recommendations 
are based on the best scientific information available, prevent 
overfishing while achieving optimum yield, and include flexibility in 
setting catch limits as allowed by the Magnuson-Stevens Act and in 
accordance with NMFS' guidance on carry-over and phase-in provisions.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) during the proposed rule stage that this rule 
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. No changes to this final rule were 
made in response to public comments. 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

    Fisheries, Fishing, South Atlantic, Atlantic.

    Dated: December 28, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
622 as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

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

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


0
2. In Sec.  622.194, revise paragraph (a) to read as follows:


Sec.  622.194  Adjustment of management measures.

* * * * *
    (a) Biomass levels, age-structured analyses, target dates for 
rebuilding overfished species, maximum sustainable yield (or its 
proxy), optimum yield, acceptable biological catch, total allowable 
catch, quotas (including a quota of zero), annual catch limits, annual 
catch targets, accountability measures, maximum fishing mortality 
threshold, minimum stock size threshold, trip limits, bag limits, size 
limits, gear restrictions (ranging from regulation to complete 
prohibition), seasonal or area closures, fishing year, rebuilding 
plans, definitions of essential fish habitat (EFH), establishment of or 
modifications to EFH habitat areas of particular concern (HAPCs) or 
coral HAPCs, restrictions on gear and fishing activities applicable in 
EFH and EFH HAPCs, establish or modify spawning SMZs, and allow 
transfer of the unharvested total or sector ACL to the following 
fishing year.
* * * * *

0
3. In Sec.  622.252, revise paragraph (a) to read as follows:


Sec.  622.252  Adjustment of management measures.

* * * * *
    (a) Biomass levels, age-structured analyses, maximum sustainable 
yield, acceptable biological catch, total allowable catch, quotas 
(including quotas equal to zero), trip limits, minimum sizes, gear 
regulations and restrictions, permit requirements, seasonal or area 
closures, sub-zones and their management measures, time frame for 
recovery of golden crab if overfished, fishing year (adjustment not to 
exceed 2 months), observer requirements, authority for the Regional 
Administrator to close the fishery when a quota is reached or is 
projected to be reached, definitions of essential fish habitat (EFH), 
EFH habitat areas of particular concern (HAPCs), or coral HAPCs, and 
allow transfer of the unharvested ACL to the following fishing year.
* * * * *

0
4. In Sec.  622.281, revise paragraph (a) to read as follows:


Sec.  622.281  Adjustment of management measures.

* * * * *
    (a) Biomass levels, age-structured analyses, maximum sustainable 
yield, optimum yield, overfishing limit, total allowable catch, 
acceptable biological catch (ABC), ABC control rule, annual catch 
limits, annual catch targets, accountability measures, trip limits, 
minimum sizes, gear regulations and restrictions, permit requirements, 
seasonal or area closures, sub-zones and their management measures, 
overfishing definitions and other status determination criteria, time 
frame for recovery of Atlantic dolphin or wahoo if overfished, fishing 
year (adjustment not to exceed 2 months), authority for the Regional 
Administrator to close a fishery when a quota is reached or is 
projected to be reached or reopen a fishery when additional quota 
becomes available, definitions of essential fish habitat (EFH), EFH 
habitat areas of particular concern (HAPCs), or coral HAPCs, and allow 
transfer of the unharvested total or sector ACL to the following 
fishing year.
* * * * *
[FR Doc. 2023-28906 Filed 1-2-24; 8:45 am]
BILLING CODE 3510-22-P


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