[Federal Register Volume 87, Number 10 (Friday, January 14, 2022)]
[Proposed Rules]
[Pages 2389-2399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00635]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 220110-0006]
RIN 0648-BL00


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Dolphin and Wahoo Fishery of the Atlantic; Amendment 10

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 10 to the 
Fishery Management Plan (FMP) for the Dolphin and Wahoo Fishery of the 
Atlantic (Dolphin and Wahoo FMP), as prepared and submitted by the 
South Atlantic Fishery Management Council (Council). This proposed rule 
would revise the annual catch limits (ACLs), accountability measures 
(AMs), and additional management measures for dolphin and wahoo. The 
additional management measures would address commercial trip limits, 
authorized fishing gear, the operator permit (card) requirement for 
dolphin and wahoo, and the recreational vessel limit for dolphin. 
Amendment 10 would also revise the acceptable biological catch (ABC) 
and sector allocations for both dolphin and wahoo. The purpose of this 
proposed rule and Amendment 10 is to base conservation and management 
measures for dolphin and wahoo on the best scientific information 
available and increase net benefits to the fishery.

DATES: Written comments must be received on or before February 14, 
2022.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2021-0093,'' by either of the following methods:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2021-0093'', in the Search 
box. Click the ``Comment'' icon, complete the required fields, and 
enter or attach your comments.
    <bullet> Mail: Submit written comments to Nikhil Mehta, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).
    Written comments on the burden-hour estimates or other aspects of 
the

[[Page 2390]]

collection-of-information requirements contained in this proposed rule 
may be submitted to Adam Bailey, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701 and to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by 
selecting ``Currently under 30-day Review--Open for Public Comments'' 
or by using the search function.
    Electronic copies of Amendment 10, which includes a fishery impact 
statement and a regulatory impact review, may be obtained from the 
Southeast Regional Office website at https://www.fisheries.noaa.gov/action/amendment-10-changes-catch-levels-sector-allocations-accountability-measures-and-management.

FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305, 
or email: <a href="/cdn-cgi/l/email-protection#f9979092919095d7949c918d98b997969898d79e968f"><span class="__cf_email__" data-cfemail="d0beb9bbb8b9bcfebdb5b8a4b190bebfb1b1feb7bfa6">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The dolphin and wahoo fishery in Federal 
waters from Maine south to the Florida Keys in the Atlantic is managed 
under the Dolphin and Wahoo FMP. The Dolphin and Wahoo FMP was prepared 
by the Council and implemented through regulations at 50 CFR part 622 
under the authority of the Magnuson-Stevens Act.

Background

    The current total ACLs for both dolphin and wahoo were implemented 
in 2014 by Amendment 5 to the Dolphin and Wahoo FMP (Amendment 5), and 
are based on the Council's Scientific and Statistical Committee's (SSC) 
ABC recommendations using the third highest landings value during 1999-
2008 (79 FR 32878; June 9, 2014). The landings data during that time 
period did not include recreational landings from Monroe County, 
Florida, and were based on recreational data from the Marine 
Recreational Information Program's (MRIP) Coastal Household Telephone 
Survey (CHTS) method. In April 2020, the Council's SSC recommended new 
ABC levels for dolphin and wahoo using the third highest annual 
commercial and recreational landings value during 1994-2007. These 
landings include recreational landings from Monroe County, Florida, and 
used MRIP's Fishing Effort Survey (FES) method, which is considered 
more reliable and robust compared to the CHTS survey method. The new 
ABC recommendations for dolphin and wahoo are also based on the new 
weight estimation procedure from NMFS Southeast Fisheries Science 
Center (SEFSC) that uses a 15 fish minimum sample size and represents 
the best scientific information available. This proposed rule would 
revise the total ACLs for dolphin and wahoo to equal the new ABC 
values.
    The current sector allocations for dolphin were implemented in 2016 
by Amendment 8 to the Dolphin and Wahoo FMP (Amendment 8), with 10.00 
percent of the total ACL to the commercial sector and 90.00 percent of 
the total ACL to the recreational sector (81 FR 3731; January 22, 
2016). In 2015, the commercial sector was closed because the commercial 
ACL was met during that fishing year. In Amendment 8, the Council set 
the commercial allocation at the average of the percentages of the 
total commercial catch for 2008-2012, and the resulting 10 percent of 
the total ACL for the commercial allocation was expected to prevent 
subsequent closures of the commercial sector. The current sector 
allocations for wahoo were implemented in 2014 by Amendment 5, with 
3.93 percent of the total ACL to the commercial sector and 96.07 
percent of the total ACL to the recreational sector. The Council 
decided on these wahoo allocations by balancing long-term catch history 
with recent catch history, and determined this method as the most fair 
and equitable way to allocate fishery resources since it considered 
past and present participation. The current allocations for both 
dolphin and wahoo were applied to the respective species' total ACLs 
(equal to the ABCs) to obtain the sector ACLs.
    Amendment 10 would specify commercial and recreational allocations 
for dolphin at 7.00 percent and 93.00 percent, respectively. For wahoo, 
Amendment 10 would specify commercial and recreational allocations at 
2.45 percent and 97.55 percent, respectively. These proposed 
allocations would be applied to the respective species' proposed total 
ACLs (equal to the proposed ABCs) using the third highest landings 
value during 1994-2007 to determine the proposed sector ACLs. The 
proposed sector ACLs for dolphin and wahoo were derived from landings 
which include recreational landings from Monroe County, Florida, use 
MRIP's FES method, and SEFSC'S new weight estimation procedure. For 
dolphin, the Council has determined that the proposed allocations and 
revised sector ACLs would avoid a decrease in the current pounds of 
dolphin available to either sector's ACL. For wahoo, the Council's 
intent is to maintain the current commercial ACL and allocate the 
remaining revised ACL to the recreational sector.
    Amendment 10 and this proposed rule do not propose any changes to 
the commercial AMs for dolphin or wahoo. The current recreational AMs 
for dolphin and wahoo were implemented in 2014 by Amendment 5, and do 
not contain an in-season AM but instead require a monitoring for 
persistence in recreational landings during the year following any 
recreational ACL overage. Further, the current recreational post-season 
AMs state that if the combined commercial and recreational landings 
exceed the combined commercial and recreational ACLs, and dolphin and 
wahoo are overfished, the recreational ACL for the following year will 
be reduced by the amount of the recreational overage in the prior 
fishing year, and the recreational fishing season will be reduced by 
the amount necessary to ensure recreational landings do not exceed the 
reduced ACL. The Regional Administrator (RA) will determine, using the 
best scientific information available, if a reduction in the 
recreational ACL and a reduction in the length of the following fishing 
season is unnecessary. These recreational post-season AMs for dolphin 
and wahoo are not viable because the post-season AMs would not be 
triggered as there is not a peer-reviewed stock assessment for dolphin 
and wahoo, and such assessment is unlikely to be conducted in the near 
future. Therefore, there is no likely method to determine their stock 
status. This proposed rule would establish a trigger to implement post-
season AMs and once triggered, specify the post-season AMs for dolphin 
and wahoo that would not be based on their stock status.
    In 2017, Regulatory Amendment 1 to the Dolphin and Wahoo FMP and 
associated final rule implemented the current commercial trip limit for 
dolphin of 4,000 lb (1,814 kg), round weight, once 75 percent of the 
commercial ACL is reached (82 FR 8820; January 31, 2017). Prior to 
reaching 75 percent of the commercial ACL, there is no commercial trip 
limit for dolphin. In 2004, the final rule for the original Dolphin and 
Wahoo FMP implemented the current commercial trip limit for wahoo of 
500 lb (227 kg); and a commercial trip limit of 200 lb (91 kg) of 
dolphin and wahoo, combined, provided that all fishing on and landings 
from that trip are north of 39[deg] N latitude, for a vessel that does 
not have a Federal commercial vessel permit for dolphin and wahoo but 
has a Federal commercial vessel permit in any other fishery.
    In 2004, the final rule for the original Dolphin and Wahoo FMP also

[[Page 2391]]

implemented the currently authorized commercial gear types in the 
dolphin and wahoo fishery in the Atlantic Exclusive Economic Zone (EEZ) 
as automatic reel, bandit gear, handline, pelagic longline, rod and 
reel, and spearfishing gear (including powerheads). A person aboard a 
vessel in the Atlantic EEZ that has on board gear types (including 
trap, pot, or buoy gear) other than authorized gear types may not 
possess dolphin or wahoo. In 2016, the Atlantic Offshore Lobstermen's 
Association initially requested that the Council modify the fishing 
gear regulations to allow the lobster fishery's historical practice of 
harvesting dolphin by rod and reel while in the possession of lobster 
pots to continue. This proposed rule would allow a vessel in the 
Atlantic EEZ that possesses both a Federal Atlantic Dolphin/Wahoo 
commercial permit and any valid Federal commercial permit(s) required 
to fish using trap, pot, or buoy gear; or is in compliance with permit 
requirements specified for the spiny lobster fishery in 50 CFR 622.400 
to retain dolphin and wahoo caught by rod and reel while in possession 
of such gear types.
    In 2004, the original Dolphin and Wahoo FMP and associated final 
rule implemented the requirement for a vessel operator or a crew member 
to hold a valid operator permit (also called an operator card) for the 
Atlantic dolphin and wahoo commercial permit or a charter vessel/
headboat permit for Atlantic dolphin and wahoo to be valid. The 
operator permit requirement was implemented to improve enforcement 
within the fishery, aid in data collection, and decrease costs to 
vessel owners from fishery violations by vessel operators. However, in 
actuality, the benefits of operator permits to improve enforcement have 
not occurred as they have not been widely used as an enforcement tool 
since implementation. Rather, other methods of fishery enforcement, 
such as vessel permits and landings, have been used by law enforcement 
within the fishery. Because the expected benefits from operator permits 
are not being realized, this proposed rule would remove the requirement 
for operator permits in the dolphin and wahoo fishery.
    The current dolphin recreational bag limit of 10 fish per person, 
not to exceed 60 fish per vessel in the Atlantic EEZ, was implemented 
by the original Dolphin and Wahoo FMP in 2004. Since then, interest in 
recreational harvest of dolphin has increased and Council public 
testimony, especially from Florida and its constituents, has 
recommended a decrease in the recreational retention limits to further 
control recreational harvest. This proposed rule would decrease the 
dolphin recreational vessel limit for charter vessels and private 
recreational vessels, excluding headboats. The dolphin individual 
recreational bag limit or 10 fish per person in the Atlantic EEZ 
remains unchanged.

Management Measures Contained in This Proposed Rule

ACLs

Dolphin

    The current total ACL for dolphin is 15,344,846 lb (6,960,305 kg), 
round weight. This proposed rule would revise the total ACL for dolphin 
to 24,570,764 lb (11,145,111 kg), round weight, based on the ABC 
recommended by the Council's SSC. The revised total ACL is equal to the 
ABC as described in Amendment 10 and is based upon best scientific 
information available. As a species, dolphin are highly fecund, spawn 
throughout a wide geographical range, have an early age at first 
maturity, and a short generation time and so therefore, dolphin's life-
history could support the increase in the total ACL. The Report to 
Congress on the Status of U.S. Stocks indicates dolphin is not 
overfished, and is not undergoing overfishing. Additionally, the 
Council noted that based on the last 20 years of total landings data 
for dolphin, it appears unlikely that harvest would consistently exceed 
the proposed total ACL. Commercial landings are well tracked through 
electronic dealer reporting requirements, there is a commercial trip 
limit in place, and recreational landings for dolphin exhibit 
relatively low percent standard errors (PSE). The Council also noted 
that setting the ACL equal to the ABC may allow the dolphin portion of 
the dolphin and wahoo fishery to take advantage of years of 
exceptionally high abundance of dolphin.
    The current commercial and recreational ACLs for dolphin are 
1,534,485 lb (696,031 kg), round weight, and 13,810,361 lb (6,264,274 
kg), round weight, respectively. These are based on the current 
commercial and recreational allocations of 10.00 percent and 90.00 
percent, respectively. The proposed commercial and recreational ACLs 
for dolphin are 1,719,953 lb (780,158 kg), round weight, and 22,850,811 
lb (10,364,954 kg), round weight, respectively. The proposed dolphin 
sector ACLs are based on the commercial and recreational allocations of 
7.00 percent and 93.00 percent, respectively.

Wahoo

    The current total ACL for wahoo is 1,794,960 lb (814,180 kg), round 
weight. The proposed rule would revise the total ACL for wahoo to 
2,885,303 lb (1,308,751 kg), round weight based upon the ABC 
recommended by the Council's SSC. The revised total ACL is equal to the 
ABC and is based upon best scientific information available. Wahoo also 
exhibit rapid growth rates, are highly migratory, and are sexually 
mature at an early age and so their life history also supports an 
increase in the ACL. The overfishing and overfished status of wahoo is 
unknown. However, recent studies found that wahoo did not show a 
negative decline in relative abundance in recent years. The Council 
noted that commercial landings for wahoo are also well tracked through 
electronic dealer reporting requirements, there is a commercial trip 
limit of 500 lb (227 kg), and that recreational landings for wahoo 
exhibit relatively low PSEs. The Council also noted that setting the 
ACL equal to the ABC will allow the wahoo portion of the dolphin and 
wahoo fishery to take advantage of years when there is exceptionally 
high abundance of wahoo.
    The current commercial and recreational ACLs for wahoo are 70,542 
lb (31,997 kg), round weight, and 1,724,418 lb (782,183 kg), round 
weight, respectively. These are based on the current commercial and 
recreational allocations of 3.93 percent and 96.07 percent, 
respectively. The proposed commercial and recreational ACLs for wahoo 
are 70,690 lb (32,064 kg), round weight, and 2,814,613 lb (1,276,687 
kg), round weight, respectively. The proposed sector ACLs are based on 
the commercial and recreational allocations of 2.45 percent and 97.55 
percent, respectively.
    No biological effects are expected to the dolphin and wahoo stocks 
from these allocation changes because the proposed sector ACLs would 
not change the proposed total ACLs for dolphin and wahoo. The 
commercial sector for dolphin and wahoo has effective in-season AM 
already in place to help constrain commercial harvest, and this 
proposed rule considers modifications to the post-season AMs to both 
stocks to reduce the risk of the recreational ACL from being exceeded. 
In deciding on new sector allocations, the Council wanted to recognize 
the needs of the recreational sector for dolphin and wahoo which would 
exhibit higher landings than previously estimated with the new 
accounting of recreational landings using MRIP's FES method. At the 
same time the Council did not want

[[Page 2392]]

to reduce the commercial ACLs on a pound basis for dolphin and wahoo 
and noted that the proposed allocations and sector ACLs would strike a 
balance between the needs of both sectors.

AMs

Dolphin

    This proposed rule would revise the recreational AMs for dolphin. 
The current in-season closure and stock status based post-season AM 
would be replaced. The proposed recreational AM would be a post-season 
AM that would be triggered in the following fishing year if the total 
ACL (commercial and recreational ACLs, combined) is exceeded. The 
Council's intent is to avoid closing recreational harvest in-season and 
extend maximum fishing opportunities to the recreational sector without 
triggering the recreational AM, as long as the commercial sector is 
under harvesting its sector ACL. The revised recreational AM trigger 
would also help ensure sustainable harvest by preventing the total ACL 
from being exceeded on a consistent basis. Once triggered, the proposed 
post-season recreational AM would reduce the length of the following 
recreational fishing season by the amount necessary to prevent the 
recreational ACL from being exceeded in the following year. However, 
the length of the recreational season would not be reduced if the 
Regional Administrator (RA) determines, using the best available 
science, that the season reduction is not necessary. The Council noted 
that there would be a relatively low likelihood of the recreational AM 
for dolphin being triggered, because the proposed recreational ACL is 
based on the proposed ABC, which is set at a relatively high level of 
landings that is not often observed in the dolphin portion of the 
dolphin and wahoo fishery. Additionally, any determination that the 
total ACL had been exceeded would allow for the monitoring of landings 
during the following season to evaluate whether the elevated landings 
from the previous fishing year are continuing to persist. That 
information would inform decisions on whether a fishing season closure 
would actually need to occur to constrain harvest to the ACL.

Wahoo

    This proposed rule would revise the recreational AMs for wahoo. The 
current in-season closure and stock status based post-season AM would 
be replaced. The proposed recreational AM would be a post-season AM 
that would be triggered in the following fishing year if the 
recreational ACLs are constant and the 3-year geometric mean of 
landings exceeds the recreational ACL. As described in Amendment 10, 
whenever the recreational ACL is changed, a single year of landings 
would be used an overage determination, beginning with the most recent 
available year of landings, then a 2-year average of landings from that 
single year and the subsequent year, then a 3-year average of landings 
from those 2 years and the subsequent year, and thereafter a 
progressive running 3-year average would be used to determine if the 
recreational AM trigger has been met. The Council noted this approach 
would allow the recreational AM to be triggered if the ACL was exceeded 
on a consistent basis. A 3-year geometric mean would help to smooth the 
data and potentially avoid implementing restrictive recreational post-
season AMs unnecessarily if there was an anomaly in the recreational 
landings estimates during those 3 years that was not accurately 
reflecting an actual increase in the harvest of wahoo. It was also 
noted by the Council that a geometric mean is less sensitive to being 
affected by abnormally large variations in landings estimates than 
using the arithmetic mean or using a single year point estimate. Once 
triggered, the post-season recreational AM would reduce the length of 
the following recreational fishing season by the amount necessary to 
prevent the recreational ACL from being exceeded in that year. However, 
the length of the recreational season would not be reduced if the RA 
determines, using the best available science, that a fishing season 
reduction is not necessary. Additionally, any determination that the 
ACL had been exceeded would allow for the monitoring of landings for 
the following season to evaluate whether the elevated landings from the 
previous year are continuing to persist. That information would inform 
decisions on whether a late season harvest closure would actually need 
to occur. The Council also noted the relatively equitable nature and 
equally distributed effects of a shortening of the recreational season, 
as wahoo are often targeted and caught late in the year in many areas 
of the Atlantic region.

Commercial Trip Limits and Authorized Gear Exemption

    For vessels with a commercial permit for Atlantic dolphin and 
wahoo, under the current trip limits, dolphin and wahoo may only be 
harvested and possessed with the authorized gear types onboard. These 
gear types are automatic reel, bandit gear, handline, pelagic longline, 
rod and reel, and spearfishing gear. Possession on the vessel of any 
other gear type results in a prohibition of the possession of any 
dolphin or wahoo.
    American lobster fishers requested to the Council that they be 
allowed to possess dolphin or wahoo while they moved from one lobster 
pot to the next. The Council wanted to allow for the authorized gear 
exemption based on a request from the Atlantic Offshore Lobstermen's 
Association to allow the historical practice of harvesting dolphin with 
rod and reel while in the possession of lobster pots to continue and 
also take a broader approach to allow vessels fishing with trap, pot, 
or buoy gear to possess dolphin or wahoo as long as the fish were 
harvested with rod and reel gear. The Council decided to be more 
comprehensive and included other trap, pot, and buoy gear. This 
proposed rule would allow for a new category of commercial trip limits 
for dolphin and wahoo based on a proposed authorized gear exemption for 
trap, pot, and buoy gear. This proposed rule would allow the harvest 
and retention of 500 lb (227 kg), gutted weight, of dolphin and 500 lb 
(227 kg) of wahoo, on board a vessel in the Atlantic EEZ that possesses 
both an Atlantic Dolphin/Wahoo commercial permit and any valid Federal 
commercial permit(s) required that allow a vessel to fish using trap, 
pot, or buoy gear or is in compliance with the permitting requirements 
for the spiny lobster of the Gulf of Mexico and South Atlantic as 
described at 50 CFR 622.400, caught by rod and reel while in possession 
of such gear types. The proposed commercial trip limits under the 
authorized gear exemption may not be combined with the current 
commercial trip limits for commercially permitted dolphin and wahoo 
vessels. The Council determined that this additional regulatory 
flexibility would have positive economic effects within the fishery 
while also limiting the potential for any unforeseen significant 
increases in commercial landings through the specific setting of the 
500 lb (227 kg), gutted weight, trip limit.

Operator Permits

    Currently, an operator of a vessel with either a commercial permit 
or a charter vessel/headboat permit for dolphin and wahoo is required 
to have an operator permit. Such operator permit must be onboard the 
vessel and the vessel owner is required to have a permitted operator 
onboard the vessel while it is at sea or offloading. This operator 
permit requirement was implemented in 2004, through the original FMP 
for dolphin

[[Page 2393]]

and wahoo, as a way to assist in law enforcement efforts within the 
fishery by holding the vessel operator accountable for any violation of 
regulations and to aid in data collection (69 FR 30235; May 27, 2004).
    This proposed rule would remove the current requirements for 
operator permits and permitted operators for both the dolphin and wahoo 
commercial and charter vessel/headboat permitted vessels. At the March 
2016 Council meeting, the NMFS Office of Law Enforcement (OLE) gave a 
presentation on operator permits, and stated that the operator permits 
are not used to a large extent by OLE or their law enforcement partners 
for gathering data, distributing information, or enforcement. The 
Council noted that there is some potential value for operator permits 
in aiding law enforcement efforts, but the inconsistent requirements 
between Atlantic fisheries greatly diminishes this utility. Public 
testimony indicated that operator permits are rarely checked by 
enforcement personnel during fishing trips and are burdensome for 
fishermen to renew and maintain. The Council determined that the 
limited use of operator permits in the dolphin and wahoo fishery did 
not outweigh the cost to fishermen to obtain the permit, and removing 
this requirement would yield positive social, economic, and 
administrative benefits.

Recreational Bag and Vessel Limits for Dolphin

    For Atlantic dolphin, the current bag and possession limits are 10 
fish per person, not to exceed 60 fish per vessel, whichever is less, 
except onboard a headboat where the limit is 10 per paying passenger. 
This proposed rule would decrease the recreational dolphin vessel limit 
from 60 fish per vessel to 54 fish for charter vessels and private 
recreational vessels, excluding headboats, in the Atlantic EEZ. The 
recreational bag limit for private recreational anglers and passengers 
onboard charter vessels and headboats will remain at 10 fish per person 
in the Atlantic EEZ. As a result of the proposed possession limit 
reduction, the total estimated annual reduction in recreational 
landings is expected to be 114,051 lb (51,733 kg), round weight. Data 
analysis in Amendment 10 demonstrated that most of the recreational 
trips in the Atlantic EEZ targeting dolphin harvested less than 10 fish 
per vessel. Therefore, as a result of the very small proportion of 
recreational trips that might reach the proposed vessel limit of 54 
fish per vessel, no change in fishing activity or behavior is 
anticipated. The Council noted that one of the goals of the Dolphin and 
Wahoo FMP is to maintain a precautionary approach to management. While 
there is no Southeast Data and Assessment Review stock assessment for 
dolphin and the stock is listed as not overfished or undergoing 
overfishing, the Council heard public testimony, particularly from 
anglers in Florida, that dolphin abundance appears to be low and there 
was concern over the health of the dolphin stock and the associated 
fishery. The Council determined a coast-wide reduction in the vessel 
limit was appropriate to maintain consistency of regulations across the 
region in the retention limits for dolphin and noted that such a change 
in retention limits would lead to more substantial harvest reductions 
than a Florida-specific or regional approach.

Management Measures in Amendment 10 Not Contained in This Proposed Rule

ABC

    The current ABC for dolphin and wahoo was implemented in 2014 by 
Amendment 5, and are based on the Council's SSC's recommendations using 
the third highest landings value during 1999-2008. These landings did 
not include recreational landings from Monroe County, Florida, and were 
based on recreational data from the MRIP CHTS method. In April 2020, 
the Council's SSC recommended new ABC levels for dolphin and wahoo 
using the third highest landings value during 1994-2007. These landings 
include recreational landings from Monroe County, Florida, and used 
MRIP's FES method, which is considered more reliable by the Council's 
SSC, the Council, and NMFS, and more robust compared to the CHTS survey 
method. The new ABC recommendations within Amendment 10 for dolphin and 
wahoo are also based on the new weight estimation procedure from NMFS 
SEFSC that uses a 15 fish minimum sample size and represents the best 
scientific information available.

Sector Allocations

    As discussed, Amendment 10 would revise the commercial and 
recreational allocations for both dolphin and wahoo. For dolphin, the 
current commercial and recreational allocations are 10.00 percent and 
90.00 percent, respectively. The new dolphin sector allocations would 
result in commercial and recreational allocations of 7.00 percent and 
93.00 percent, respectively. For wahoo, the current commercial and 
recreational allocations are 3.93 percent and 96.07 percent, 
respectively. The new wahoo sector allocations would result in 
commercial and recreational allocations of 2.45 percent and 97.55 
percent, respectively.
    As discussed, in deciding on new sector allocations, the Council 
wanted to recognize the needs of the recreational sector for both 
dolphin and wahoo which would exhibit higher landings than previously 
estimated with the new accounting of recreational landings using MRIP's 
FES method. At the same time the Council did not want to reduce the 
commercial ACLs on a pound basis for dolphin and wahoo and noted that 
the proposed allocations and sector ACLs would strike a balance between 
the needs of both sectors.

Goals and Objectives

    The goals and objectives of the Dolphin and Wahoo FMP were 
implemented through the original fishery management plan in 2004 and 
have not been revised since then. In 2016, the Fisheries Allocation 
Review Policy (NMFS Policy Directive 01-119) encouraged the use of 
adaptive management with respect to allocation revisions, and 
recommended periodic re-evaluation and updating of the management goals 
and objectives of any FMP to ensure they are relevant to current 
conditions and needs. Amendment 10 would revise these Dolphin and Wahoo 
FMP goals and objectives in response to the 2016 Fisheries Allocation 
Review Policy and ensure the goals and objectives reflect the current 
dolphin and wahoo fishery. Specifically, the revised goals and 
objectives seek to manage the dolphin and wahoo fishery using a 
precautionary approach that maintains access, minimizes competition, 
preserves the social and economic importance of the fishery, as well as 
promotes research and incorporation of ecosystem considerations where 
practicable.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with Amendment 10, the Dolphin and Wahoo FMP, other 
provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the legal basis for this proposed 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. In addition, no new reporting and record-

[[Page 2394]]

keeping requirements are introduced by this proposed rule. A 
description of this proposed rule, why it is being considered, and the 
purposes of this proposed rule are contained in the preamble and in the 
SUMMARY section of the preamble. The objectives of this proposed rule 
are to base conservation and management measures on the best scientific 
information available and increase net benefits to the Nation, 
consistent with the Magnuson-Stevens Act and its National Standards.
    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, will not have 
a significant economic impact on a substantial number of small 
entities. A description of the factual basis for this determination 
follows. All monetary estimates in the following analysis are in 2019 
dollars.
    This proposed rule, if implemented, would set the total ACL for 
dolphin equal to the new ABC for dolphin that was recommended by the 
Council's SSC. The new total ACL would be equal to 24,570,764 lb 
(11,145,102 kg), round weight, where the recreational component of the 
total ACL is based on MRIP-FES data. The current total ACL is 
15,344,846 lb (6,960,299 kg), round weight, where the recreational 
component of the total ACL is based on MRIP-CHTS data. Amendment 10 
would increase the recreational allocation of the total ACL for dolphin 
from 90 percent to 93 percent and decrease the commercial allocation of 
the total ACL for dolphin from 10 percent to 7 percent.
    This proposed rule would set the total ACL for wahoo equal to the 
new ABC for wahoo that was recommended by the Council's SSC. The new 
total ACL would be equal to 2,885,303 lb (1,308,750 kg), round weight, 
where the recreational component of the total ACL is based on MRIP-FES 
data. The current total ACL is 1,794,960 lb (814,179 kg), round weight, 
where the recreational component of the total ACL is based on MRIP-CHTS 
data. Amendment 10 would also increase the recreational allocation of 
the total ACL for wahoo from 96.07 percent to 97.55 percent and 
decrease the commercial allocation of the total ACL for wahoo from 3.93 
percent to 2.45 percent.
    This proposed rule would also revise the trigger for the post-
season recreational AM for dolphin and revise the post-season 
recreational AM for dolphin. Currently, if recreational landings exceed 
the recreational ACL, then during the following fishing year, 
recreational landings will be monitored for persistence in increased 
landings. If the recreational ACL is exceeded, it will be reduced by 
the amount of the recreational ACL overage in the following fishing 
year and the recreational season will be reduced by the amount 
necessary to ensure that recreational landings do not exceed the 
reduced ACL, only if the species is overfished and the total ACL is 
exceeded. Under the proposed rule, post season AMs would be implemented 
in the following fishing year for the recreational sector if the total 
ACL is exceeded, and the length of the following recreational fishing 
season would be reduced by the amount necessary to prevent the 
recreational ACL from being exceeded in the following year. However, 
the length of the recreational season would not be reduced if the RA 
determines it is not necessary using the best available science.
    This proposed rule would also revise the trigger for the post-
season recreational AM for wahoo and revise the post-season 
recreational AM for wahoo. Currently, if recreational landings exceed 
the recreational ACL, then during the following fishing year, 
recreational landings will be monitored for persistence in increased 
landings. If the recreational ACL is exceeded, it will be reduced by 
the amount of the recreational ACL overage in the following fishing 
year and the recreational season will be reduced by the amount 
necessary to ensure that recreational landings do not exceed the 
reduced ACL only if wahoo is overfished and the total ACL is exceeded. 
Under the proposed rule, if the recreational ACL is constant, post 
season AMs would be implemented in the following fishing year if the 3-
year geometric mean of landings exceeds the recreational ACL and the 
length of the following recreational fishing season would be reduced by 
the amount necessary to prevent the recreational ACL from being 
exceeded in the following year. If the recreational ACL is changed, 
then the most recent 1-year or 2-year average of landings would be used 
as the trigger in place of the 3-year geometric mean. However, the 
length of the recreational season would not be reduced if the RA 
determines it is not necessary using the best available science.
    This proposed rule would also allow a vessel that possesses a valid 
Atlantic dolphin and wahoo commercial vessel permit, and either 
possesses a valid Federal commercial permit to fish trap, pot, or buoy 
gear or is in compliance with the Federal regulations for spiny lobster 
permits, to retain up to 500 lb (228 kg), gutted weight, of dolphin and 
500 lb (228 kg) of wahoo using rod and reel gear with trap, pot, or 
buoy gear on board. Currently, vessels with trap, pot, or buoy gear on 
board are not allowed to retain dolphin or wahoo.
    This proposed rule would also remove the requirement for a vessel 
captain or crewmember to possess an operator permit (also known as an 
``operator card'') in order for a vessel's Atlantic dolphin and wahoo 
commercial permit or Atlantic dolphin and wahoo charter vessel/headboat 
permit to be valid. Lastly, this proposed rule would also reduce the 
recreational vessel limit for dolphin from 60 fish to 54 fish per trip 
for private recreational and charter vessels.
    From 2015 through 2019, the average number of vessels that 
commercially harvested dolphin or wahoo using any type of gear was 721 
per year. Many vessels commercially harvest both dolphin and wahoo and 
some vessels use longline gear as well as other gear to harvest dolphin 
or wahoo on trips throughout a given year. The direct effects on 
commercial vessels from the actions to change the total ACLs and sector 
allocations are expected to vary depending on whether they harvest 
dolphin or wahoo as well as whether they use longline gear or other 
gear to harvest dolphin or wahoo. From 2015 through 2019, the average 
number of vessels commercially harvesting Atlantic dolphin per year was 
677. Of these 677 vessels, an average of 85 vessels used longline gear 
while an average of 592 vessels used other gear to commercially harvest 
Atlantic dolphin per year. During this time, the average number of 
vessels commercially harvesting Atlantic wahoo was 319. Of these 319 
vessels, an average of 53 vessels used longline gear and an average of 
266 vessels used other gear to commercially harvest Atlantic wahoo.
    However, the proposed action to remove the requirement for a vessel 
captain or crewmember to possess an operator permit would affect all 
vessels with valid Atlantic dolphin and wahoo commercial or Atlantic 
charter vessel/headboat permits regardless of whether they harvest 
dolphin or wahoo. Further, some vessels possess both permits. The total 
number of vessels with either a valid Atlantic dolphin and wahoo 
commercial or Atlantic charter vessel/headboat permit is estimated to 
be 4,070, of which 2,266 were determined to primarily be commercial 
fishing vessels while 1,804 vessels were determined to primarily be 
for-hire fishing vessels.

[[Page 2395]]

    Although NMFS possesses complete ownership data for businesses and 
vessels that participate in other industries, ownership data regarding 
businesses that possess Atlantic dolphin and wahoo commercial or 
charter vessel/headboat permits are incomplete. Therefore, it is not 
currently feasible to accurately determine affiliations between these 
particular businesses. Because of the incomplete ownership data, for 
purposes of this analysis, it is assumed each of these vessels is 
independently owned by a single business, which is expected to result 
in an overestimate of the actual number of businesses directly 
regulated by this proposed action. Thus, based on the information 
above, this proposed rule is estimated to directly regulate 2,266 
commercial fishing businesses and 1,804 for-hire fishing businesses in 
the Atlantic dolphin and wahoo fishery.
    From 2015 through 2019, the average annual gross revenue for a 
vessel commercially harvesting Atlantic dolphin using longline gear was 
$268,849 while the average annual gross revenue for a vessel 
commercially harvesting Atlantic wahoo using longline gear was 
$244,552. The best available estimate of economic profit for longline 
vessels is net revenue as a percentage of gross revenue, which is 
estimated to be 39.7 percent. This estimate results in an overestimate 
of actual economic profit as it does not account for implicit costs 
(e.g., the cost of an owner operator's time) or fixed costs. 
Nonetheless, annual economic profit for vessels harvesting Atlantic 
dolphin using longline gear is estimated to be $105,472 per vessel, 
while annual economic profit for vessels harvesting Atlantic wahoo 
using longline gear is estimated to be $136,787.
    From 2015 through 2019, the average annual gross revenue for a 
vessel commercially harvesting Atlantic dolphin using other gear was 
$52,009 while the average annual gross revenue for a vessel 
commercially harvesting Atlantic wahoo using other gear was $46,336. 
For vessels using other gear, after accounting for all costs, net 
operating revenue is estimated to be 0.5 percent of gross revenue. 
Therefore, annual economic profit for vessels harvesting Atlantic 
dolphin using other gear is estimated to be $261 per vessel, while 
annual economic profit for vessels harvesting Atlantic wahoo using 
other gear is estimated to be $232.
    For Regulatory Flexibility Act purposes, NMFS has established a 
small business size standard for businesses, including their 
affiliates, whose primary industry is commercial fishing (50 CFR 
200.2). A business primarily involved in the commercial fishing 
industry 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 its combined annual receipts (revenue) are not in 
excess of $11 million for all of its affiliated operations worldwide. 
From 2015 through 2019, the maximum annual gross revenue earned by a 
single commercial fishing vessel (business) in the Atlantic dolphin 
wahoo fishery was approximately $1.56 million. Based on the information 
above, all commercial fishing businesses directly regulated by this 
proposed rule are determined to be small businesses for the purpose of 
this analysis.
    For other industries, the SBA has established size standards for 
all major industry sectors in the U.S., including for-hire fishing 
businesses (NAICS code 487210). A business primarily involved in for-
hire fishing 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 annual receipts (revenue) not in 
excess of $8 million for all its affiliated operations worldwide. 
Average annual gross revenue for a charter vessel in the South Atlantic 
is slightly more than $125,000, while average annual gross revenue for 
a headboat in the South Atlantic is more than $304,000. Thus, on 
average, annual gross revenue for headboats is more than double the 
annual gross revenue for charter vessels, reflecting the fact that 
businesses that own charter vessels are typically smaller than 
businesses that own headboats. Average annual gross revenues for 
charter vessels and headboats in the Northeast region are less than in 
the South Atlantic. The maximum annual gross revenue for a single 
headboat in the South Atlantic was about $.78 million in 2017. Based on 
this information, all for-hire fishing businesses directly regulated by 
this proposed rule are determined to be small businesses for the 
purpose of this analysis.
    The proposed actions to increase the total ACLs for dolphin and 
wahoo are not expected to directly affect for-hire fishing vessels. 
Harvest for the non-headboat components of the recreational sector, 
including for charter vessels, will now be based on MRIP-FES data 
rather than MRIP-CHTS data. Non-headboat landings accounted for 99.9 
percent of dolphin and wahoo recreational landings from 2015 through 
2019. This change in the estimation method does not change how many 
dolphin or wahoo are actually being harvested by for-hire vessels. 
Rather, the FES method generates more accurate estimates of effort 
(trips) and harvest. Thus, the increase in the recreational component 
of the new ACLs does not necessarily reflect an actual increase in what 
the recreational sector, including for-hire fishing vessels, can 
potentially harvest.
    With respect to the proposed actions to increase the recreational 
sector allocations for dolphin and wahoo, assuming the new total ACLs 
discussed above, the recreational ACL for dolphin is expected to 
increase by 737,123 lb (334,353 kg), round weight, or by 3.3 percent, 
and the recreational ACL for wahoo is expected to increase by 42,702 lb 
(19,369 kg), round weight, or 1.5 percent. The underlying analysis 
assumed that changes in the recreational ACLs due to these proposed 
actions would only affect catch per angler trip and not the total 
number of trips harvesting dolphin or wahoo (i.e., catch trips or 
effort). It is even more likely that target trips for dolphin and wahoo 
are unlikely to change because of these proposed actions, which is 
important as target trips are assumed to be the source of profits for 
for-hire fishing vessels. The recreational fishing seasons for dolphin 
and wahoo are currently year-round and that is not expected to change 
because of these actions. Thus, target trips for dolphin or wahoo would 
not be expected to change because of a change in the fishing season 
length. Headboats only accounted for 0.1 percent of dolphin and wahoo 
landings from 2015 through 2019. If that trend continues in the future, 
their landings would only potentially increase by 7,371 lb (3,343 kg), 
round weight, of dolphin and 43 lb (20 kg), round weight, of wahoo. It 
is highly unlikely that headboats would increase their target effort 
for dolphin or wahoo because of such small increases. Charter vessels 
accounted for 15.8 percent of dolphin landings and 13.4 percent of 
wahoo landings from 2015 through 2019. If that continues in the future, 
their landings could potentially increase by 116,465 lb (52,828 kg), 
round weight, for dolphin and 5,722 lb (2,595 kg), round weight, for 
wahoo. As with headboats, this minor increase in their potential 
landings for wahoo would not be expected to change their target effort 
for wahoo. However, the potential increase in dolphin landings by 
charter vessels is not insignificant and it is possible that the number 
of trips harvesting and even targeting dolphin could increase. However, 
the increase in the supply of dolphin available for harvest by charter 
vessels would only lead to an increase in the number of target trips 
for dolphin if it is accompanied by an increase in the demand for trips 
targeting dolphin

[[Page 2396]]

by charter vessels. As the proposed action by itself is not expected to 
induce a higher demand for target trips, the assumption that target 
trips for dolphin by charter vessels would not change seems reasonable. 
Because the number of for-hire fishing trips targeting dolphin or wahoo 
is not expected to change, no change in economic profits to for-hire 
fishing vessels is expected due to these actions. However, if target 
trips for dolphin by charter vessels were to increase, their profits 
would be expected to increase as well.
    Conversely, the proposed actions to increase the total ACL and 
decrease the commercial sector's allocation of the total ACL for 
dolphin are expected to directly affect vessels commercially harvesting 
dolphin. The magnitude of these effects are expected to vary depending 
on whether vessels use longline gear or other gear to commercially 
harvest dolphin, in part because longline vessels are responsible for 
harvesting 78 percent of the commercial Atlantic dolphin landings while 
vessels using other gear only harvest 22 percent. Further, the average 
ex-vessel price for dolphin landed by longline gear is $3.17/lb, round 
weight, while the average ex-vessel price for dolphin landed by other 
gear is only $3.05/lb, round weight.
    Compared to average annual landings from 2015 through 2019, for 
longline vessels, the increase in the total ACL for dolphin could 
result in an increase of 1,309,456 lb (593,959 kg), round weight, in 
landings of dolphin. This increase in landings would be expected to 
increase their gross revenue by approximately $4,150,976, or $48,835 
per vessel. This potential increase in gross revenue would be expected 
to increase economic profit for longline vessels by approximately 
$1,647,937, or $19,387 per vessel, which represents an 18.4 percent 
increase in their economic profits. Compared to average annual landings 
from 2015 through 2019, for vessels using other gear, the increase in 
the total ACL could result in an increase of 369,480 lb (167,593 kg), 
round weight, in landings of dolphin. This would be expected to 
increase their gross revenue by approximately $1,126,914, or $1,904 per 
vessel. This potential increase in gross revenue would be expected to 
increase economic profits by approximately $5,634, or about $10 per 
vessel, which represents a 3.6 percent increase in their economic 
profits.
    However, the decrease in the commercial sector's allocation from 10 
percent to 7 percent would partially offset some of these potential 
gains in landings, revenue and economic profits. Specifically, given 
the increased total ACL, for longline vessels, the decrease in the 
commercial sector's allocation for dolphin would reduce the potential 
landings, revenue, and economic profits of dolphin by 574,956 lb 
(260,795 kg), round weight, $1,822,611, and $723,577, respectively. On 
a per vessel basis, revenue and economic profit would decrease by 
approximately $21,442 and $8,513, respectively. Thus, for longline 
vessels, the combined effects of the higher total ACL and reduced 
commercial sector allocation for dolphin would potentially lead to an 
increase in landings, revenue, and economic profits for dolphin of 
734,500 lb (333,163 kg), round weight, $2,328,365, and $924,360, 
respectively. On a per vessel basis, revenue and economic profit would 
increase by approximately $27,393 and $10,875, respectively, or by 
about 10.3 percent.
    For vessels using other gear, increase in the total ACL and the 
decrease in the commercial sector's allocation for dolphin would reduce 
the potential landings, revenue, and economic profits of dolphin by 
162,176 lb (73,562 kg), round weight, $494,610, and $2,473, 
respectively. On a per vessel basis, revenue and economic profit would 
decrease by approximately $36 and $4, respectively. Thus, for vessels 
using other gear, the combined effects of the higher total ACL and 
reduced commercial sector allocation for dolphin would potentially lead 
to an increase in landings, revenue, and economic profits for dolphin 
of 207,313 lb (94,036 kg), round weight, $632,304, and $3,161, 
respectively. On a per vessel basis, revenue and economic profit would 
increase by approximately $1,068 and $5, respectively, or by about 2 
percent.
    Similarly, the proposed actions to increase the total ACL and 
decrease the commercial sector's allocation of the total ACL for wahoo 
are expected to directly affect vessels commercially harvesting wahoo. 
The magnitude of these effects are expected to vary depending on 
whether vessels use longline gear or other gear to commercially harvest 
wahoo, in part because longline vessels are responsible for harvesting 
28 percent of the commercial Atlantic wahoo landings while vessels 
using other gear harvest 72 percent. Further, the average ex-vessel 
price for wahoo landed by longline gear is $3.75/lb, round weight, 
while the ex-vessel price for wahoo landed by other gear is $4.05/lb, 
round weight.
    Compared to average annual landings for longline vessels from 2015 
through 2019, the increase in the total ACL for wahoo could result in 
an increase of 13,936 lb (6,321 kg), round weight, in landings of 
wahoo. This increase in landings would be expected to increase their 
gross revenue by approximately $52,260, or $986 per vessel. This 
potential increase in gross revenue would be expected to increase 
economic profits for longline vessels by approximately $20,747, or $391 
per vessel, which represents a 0.3 percent increase in their economic 
profits. Compared to average annual landings for vessels using other 
gear from 2015 through 2019, the increase in the total ACL could result 
in an increase of 38,837 lb (17,616 kg), round weight, in landings of 
wahoo. This increase in landings would be expected to increase their 
gross revenue by approximately $157,290, or $591 per vessel. This 
potential increase in gross revenue would be expected to increase 
economic profits by approximately $786, or about $3 per vessel, which 
represents a 1.3 percent increase in their economic profits.
    However, the decrease in the wahoo commercial sector's allocation 
from 3.93 percent to 2.45 percent would mostly offset these potential 
gains in landings, revenue and economic profits. Specifically, for 
longline vessels, the decrease in the commercial sector's allocation 
for wahoo would reduce the potential landings, revenue, and economic 
profits of wahoo by 11,957 lb (5,424 kg), round weight, $44,839, and 
$17,800, respectively. On a per vessel basis, revenue and economic 
profit would decrease by approximately $846 and $336, respectively. 
Thus, for longline vessels, the combined effects of the higher ACL and 
reduced commercial sector allocation for wahoo would potentially lead 
to an increase in landings, revenue, and economic profits for wahoo of 
1,979 lb (898 kg), round weight, $7,421, and $2,947, respectively. On a 
per vessel basis, revenue and economic profit would increase by 
approximately $140 and $55, respectively, or by less than 0.1 percent.
    For vessels using other gear, the decrease in the commercial 
sector's allocation for wahoo would reduce the potential landings, 
revenue, and economic profits of wahoo by 30,745 lb (13,946 kg), round 
weight, $124,519, and $623, respectively. On a per vessel basis, 
revenue and economic profit would decrease by approximately $468 and 
slightly more than $2, respectively. Thus, for vessels using other 
gear, the combined effects of the higher ACL and reduced commercial 
sector allocation for wahoo would potentially lead to an increase in 
landings, revenue, and

[[Page 2397]]

economic profits for wahoo of 8,092 lb (3,670 kg), round weight, 
$32,771, and $163, respectively. On a per vessel basis, revenue and 
economic profit would increase by approximately $123 and less than $2, 
respectively, or by about 0.2 percent.
    The proposed actions to revise the triggers for the post-season 
recreational AMs for dolphin and wahoo and to revise the post-season 
recreational AMs for dolphin and wahoo do not directly regulate any 
for-hire fishing businesses and are not expected to directly affect 
for-hire fishing vessels. These actions revise existing administrative 
procedures that could affect management measures in the future if 
various criteria are met. Thus, these actions may only cause indirect 
economic effects in the future and neither the direction nor the 
magnitude of those effects are foreseeable at this time.
    The proposed action to allow a vessel that possesses a valid 
Atlantic dolphin and wahoo commercial vessel permit, and either 
possesses a valid Federal commercial permit to fish trap, pot, or buoy 
gear or is in compliance with the Federal regulations for spiny lobster 
permits, to retain up to 500 lb (228 kg), gutted weight, of dolphin and 
500 lb (228 kg) of wahoo using rod and reel gear with trap, pot, or 
buoy gear on board is expected to increase economic profits. Under the 
current regulations, vessels with trap, pot, or buoy gear on board were 
not allowed to retain dolphin or wahoo, and thus were forced to discard 
any dolphin or wahoo they may have incidentally harvested. Because 
these vessels may now retain and sell these fish, their gross revenue 
from fishing would be expected to increase without any increase in 
costs, and thus their economic profits would be expected to increase as 
well. Because retention has not been previously allowed and discard 
data are limited, it is not possible to determine how many commercial 
fishing vessels may benefit, or the magnitude of the potential increase 
in economic profits that may result, from this proposed action.
    The proposed action to remove the requirement for a vessel captain 
or crewmember to possess an operator permit is expected to reduce costs 
for 2,266 commercial fishing businesses and 1,804 for-hire fishing 
businesses. The current requirement results in direct costs to vessels 
that possess Atlantic dolphin and wahoo commercial or charter vessel/
headboat permits. These costs include application fees and associated 
preparation costs incurred in the permit application process, including 
the need to obtain two passport photos, postage, and the time to 
prepare and send the application materials once every 3 years. The 
total reduction in costs associated with removing this requirement is 
estimated to be $369,515, of which $205,730 would accrue to fishing 
vessels determined to primarily be commercial fishing businesses and 
$163,785 would accrue to vessels determined to primarily be for-hire 
fishing businesses. The reduction to both types of businesses is 
approximately $91 per vessel/business, which represents less than 0.1 
percent of a commercial longline vessel's annual economic profit but as 
much as 39 percent of the annual economic profit for a commercial 
vessel using other gear. Profit estimates are not available for these 
for-hire fishing businesses, but this cost reduction represents less 
than 0.1 percent of the average annual gross revenue for both charter 
vessels and headboats in the South Atlantic and headboats in the 
Northeast Region, and about 0.3 percent of the annual average gross 
revenue for charter vessels in the Northeast Region.
    The proposed action to reduce the recreational vessel limit for 
dolphin from 60 fish to 54 fish per trip for private recreational and 
charter vessels does not apply to headboats. Further, private 
recreational vessels are not businesses or entities under the 
Regulatory Flexibility Act and therefore are not germane to this 
analysis. In addition, this proposed action is not expected to directly 
affect charter vessels for reasons similar to why the proposed actions 
to change the total ACL is not expected to directly affect charter 
vessels and the recreational sector allocation for dolphin is not 
expected to adversely affect charter vessels. Specifically, the 
recreational fishing season for dolphin is currently year-round and 
that is not expected to change because of this action. Further, the 
underlying analysis assumed that a change in the vessel limit would 
only affect catch per angler on charter vessel trips and not the total 
number of charter vessel trips. Because the number of for-hire fishing 
trips is not expected to change, no change in economic profits to for-
hire fishing businesses is expected due to this action.
    Based on the information above, although a substantial number of 
small entities would be affected by this proposed rule, this proposed 
rule would not have a significant economic impact on those entities. 
Because this proposed rule, if implemented, would not have a 
significant economic impact on a substantial number of small entities, 
an initial regulatory flexibility analysis is not required and none has 
been prepared.
    This proposed rule contains a change to a collection-of-information 
requirement subject to review and approval by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act (PRA). This proposed 
rule would revise existing requirements for the collection of 
information approved under OMB Control Number 0648-0205, Southeast 
Region Permit Family of Forms. NMFS proposes to remove the requirement 
for an operator permit in the commercial and for-hire portions of the 
Atlantic dolphin and wahoo fishery as specified by 50 CFR 622.270(c). 
For the Federal Permit Application for Southeast Region Issued Operator 
Card, NMFS estimates this proposed rule would decrease the annual 
number of respondents to 74 and decrease the annual number of responses 
to 74. Further, NMFS estimates the annual burden hours would decrease 
to 37 hours, and the annual burden cost would decrease to $3,774. 
Public reporting burden for the Federal Permit Application for 
Southeast Region Issued Operator Card is estimated to average 30 
minutes per response, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information.
    Public comment is sought regarding whether this proposed change to 
a collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Submit comments on 
these or any other aspects of the collection of information at 
www.reginfo.gov/public/do/PRAMain.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor will any person be subject to a penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

List of Subjects in 50 CFR Part 622

    Accountability measures, Annual catch limits, Atlantic, Commercial, 
Dolphin, Fisheries, Fishing, Recreational, Wahoo.


[[Page 2398]]


    Dated: January 10, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NOAA proposes to amend 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.  622.270:
0
a. Revise paragraphs (a)(1) and (2);
0
b. Revise paragraph(b)(1); and
0
c. Remove and reserve paragraph (c).
    The revisions read as follows:


Sec.  622.270  Permits.

    (a) * * *
    (1) For a person aboard a vessel to be eligible for exemption from 
the bag and possession limits for dolphin or wahoo in or from the 
Atlantic EEZ or to sell such dolphin or wahoo, a commercial vessel 
permit for Atlantic dolphin and wahoo must be issued to the vessel and 
must be on board, except as provided in paragraph (a)(2) of this 
section.
    (2) The provisions of paragraph (a)(1) of this section 
notwithstanding, a fishing vessel, except a vessel operating as a 
charter vessel or headboat, that does not have a commercial vessel 
permit for Atlantic dolphin and wahoo but has a Federal commercial 
vessel permit in any other fishery, is exempt from the bag and 
possession limits for dolphin and wahoo and may sell dolphin and wahoo, 
subject to the trip and geographical limits specified in Sec.  
622.278(a)(3). (A charter vessel/headboat permit is not a commercial 
vessel permit.)
    (b) * * *
    (1) For a person aboard a vessel that is operating as a charter 
vessel or headboat to fish for or possess Atlantic dolphin or wahoo, in 
or from the Atlantic EEZ, a valid charter vessel/headboat permit for 
Atlantic dolphin and wahoo must have been issued to the vessel and must 
be on board.
* * * * *
0
3. In Sec.  622.272, revise paragraphs (a)(1) and (2) to read as 
follows:


Sec.  622.272  Authorized gear.

    (a) * * *
    (1) Authorized gear. Except as allowed in paragraph (a)(2) of this 
section, the following are the only authorized gear types in the 
fishery for dolphin and wahoo in the Atlantic EEZ: Automatic reel, 
bandit gear, handline, pelagic longline, rod and reel, and spearfishing 
gear (including powerheads). A person aboard a vessel in the Atlantic 
EEZ that has on board gear types other than authorized gear types may 
not possess a dolphin or wahoo.
    (2) Trap, pot, and buoy gear authorization. A vessel in the 
Atlantic EEZ that possesses both a valid Federal commercial permit for 
Atlantic dolphin and wahoo and any Federal commercial permit(s) 
required that allow a vessel to fish using trap, pot, or buoy gear or 
that is in compliance with the permitting requirements for the spiny 
lobster fishery of the Gulf of Mexico and South Atlantic as described 
at Sec.  622.400, is authorized to retain both dolphin and wahoo 
harvested by rod and reel while in possession of trap, pot, or buoy 
gear. See Sec.  622.278(a)(2)(ii) for the amount of dolphin that may be 
retained under the commercial trip limits as described in this 
paragraph (a)(2). See Sec.  622.278(a)(1)(ii) for the amount of wahoo 
that may be retained under the commercial trip limits as described in 
this paragraph (a)(2).
* * * * *
0
4. In Sec.  622.277, revise paragraph (a)(1)(i) to read as follows:


Sec.  622.277  Bag and possession limits.

* * * * *
    (a) * * *
    (1) * * *
    (i) In the Atlantic EEZ--10, not to exceed 54 per vessel, whichever 
is less, except on board a headboat, 10 per paying passenger.
* * * * *
0
5. In Sec.  622.278, revise paragraph (a) to read as follows:


Sec.  622.278  Commercial trip limits.

* * * * *
    (a) Trip-limited permits--(1) Atlantic wahoo. (i) When using the 
fishing gear for wahoo and as authorized under Sec.  622.272(a)(1), the 
trip limit for wahoo in or from the Atlantic EEZ is 500 lb (227 kg). 
This trip limit applies to a vessel that has a Federal commercial 
permit for Atlantic dolphin and wahoo, provided that the vessel is not 
operating as a charter vessel or headboat.
    (ii) When using the fishing gear for wahoo and as authorized and 
permitted as described under Sec.  622.272(a)(2), the trip limit for 
wahoo in or from the Atlantic EEZ is 500 lb (227 kg). The trip limit in 
this paragraph (a)(1)(ii) may not be combined with the trip limit 
specified in paragraph (a)(1)(i) of this section.
    (iii) See Sec.  622.280(b)(1) for the limitations regarding wahoo 
after the ACL is reached.
    (2) Atlantic dolphin. (i) Once 75 percent of the ACL specified in 
Sec.  622.280(a)(1)(i) is reached, the trip limit is 4,000 lb (1,814 
kg), round weight. When the conditions in this paragraph (a)(3)(i) have 
been met, the Assistant Administrator will implement this trip limit by 
filing a notification with the Office of the Federal Register. This 
trip limit applies to a vessel that has a Federal commercial permit for 
Atlantic dolphin and wahoo, provided that the vessel is not operating 
as a charter vessel or headboat.
    (ii) When using the fishing gear for dolphin and as authorized and 
permitted as described under Sec.  622.272(a)(2), the trip limit for 
dolphin in or from the Atlantic EEZ is 500 lb (227 kg), gutted weight. 
The trip limit in this paragraph (a)(2)(ii) may not be combined with 
the trip limit specified in paragraph (a)(2)(i) of this section.
    (iii) See Sec.  622.280(a)(1) for the limitations regarding dolphin 
after the ACL is reached.
    (3) Vessels without a Federal dolphin and wahoo commercial permit. 
The trip limit for a vessel that does not have a Federal commercial 
vessel permit for Atlantic dolphin and wahoo but has a Federal 
commercial vessel permit in any other fishery is 200 lb (91 kg) of 
dolphin and wahoo, combined, provided that all fishing on and landings 
from that trip are north of 39[deg] N lat. (A charter vessel/headboat 
permit is not a commercial vessel permit.)
* * * * *
0
6. In Sec.  622.280:
0
a. Revise the first sentence of paragraph (a)(1)(i);
0
b. Revise paragraph (a)(2);
0
c. Add paragraph (a)(3);
0
d. Revise the first sentence of paragraph (b)(1)(i);
    and
0
e. Revise paragraph (b)(2).
    The revisions and additions read as follows:


Sec.  622.280  Annual catch limits (ACLs) and accountability measures 
(AMs).

    (a) * * *
    (1) * * *
    (i) If commercial landings for Atlantic dolphin, as estimated by 
the SRD, reach or are projected to reach the commercial ACL of 
1,719,953 lb (780,158 kg), round weight, 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. * * *
* * * * *
    (2) Recreational sector. If the total ACL specified in paragraph 
(a)(3) of this

[[Page 2399]]

section is exceeded in a fishing year, then during the following 
fishing year, the AA will file a notification with the Office of the 
Federal Register to reduce the length of the recreational fishing 
season by the amount necessary to ensure that the recreational ACL is 
not exceeded during the fishing year following the total ACL overage. 
However, the recreational fishing season will not be reduced in the 
following fishing year if NMFS determines, based on the best scientific 
information available, that the reduction in the recreational fishing 
season is unnecessary. The recreational ACL is 22,850,811 lb 
(10,364,954 kg), round weight.
    (3) Total ACL. The total ACL, commercial and recreation ACLs 
combined, for Atlantic dolphin, is 24,570,764 lb (11,145,111 kg), round 
weight.
    (b) * * *
    (1) * * *
    (i) If commercial landings for Atlantic wahoo, as estimated by the 
SRD, reach or are projected to reach the commercial ACL of 70,690 lb 
(32,064 kg), round weight, 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. * * *
* * * * *
    (2) Recreational sector. As described in the FMP, if average annual 
recreational landings, when determined using 3-year geometric mean, 
exceed the recreational ACL of 2,814,613 lb (1,276,687 kg), round 
weight, then in the following fishing year, the AA will file a 
notification with the Office of the Federal Register to reduce the 
length of the recreational fishing season by the amount necessary to 
ensure that the recreational ACL is not exceeded during the fishing 
year following the recreational ACL overage determination. However, the 
length of the recreational fishing season will not be reduced in the 
following fishing year if NMFS determines, based on the best scientific 
information available, that the reduction in the recreational fishing 
season is unnecessary.

[FR Doc. 2022-00635 Filed 1-13-22; 8:45 am]
BILLING CODE 3510-22-P


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