Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Proposed Rules 2389 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed 

rulemaking, proposing to approve 

Maryland’s portion of the Philadelphia 

nonattainment area base year inventory 

for the 2015 ozone NAAQS, does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: January 3, 2022 

Diana Esher, 

Acting Regional Administrator, Region III. 

[FR Doc. 2022–00468 Filed 1–13–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2020–0109; 

FF09E22000 FXES11130900000 223] 

RIN 1018–BC98 

Endangered and Threatened Wildlife 

and Plants; Removal of 23 Extinct 

Species From the Lists of Endangered 

and Threatened Wildlife and Plants; 

Ivory-Billed Woodpecker; Correction 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

comment period and announcement of 

public hearing; correction. 

SUMMARY: This document corrects a date 

in a document that reopened a comment 

period on a proposed rule and 

announced a public hearing. On January 

11, 2022, we, the U.S. Fish and Wildlife 

Service, announced that we are 

reopening the public comment period 

on our September 30, 2021, proposal to 

remove 23 species from the Federal 

Lists of Endangered and Threatened 

Wildlife and Plants (List) due to 

extinction. We also announced a public 

hearing on the proposal to remove the 

ivory-billed woodpecker from the List 

and stated that the comment period 

reopening is only for the ivory-billed 

woodpecker proposed delisting. The 

document stated that the public hearing 

would take place on January 26, 2021. 

The correct date is January 26, 2022. 

DATES: January 14, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Maclin, Branch of Delisting 

and Foreign Species, Ecological Services 

Program, U.S. Fish and Wildlife Service, 

5275 Leesburg Pike, MS: ES, Falls 

Church, VA 22041; telephone 703–358– 

2646. If you use a telecommunications 

device for the deaf, call the Federal 

Relay Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Correction 

In proposed rule document FR Doc. 

2022–00322 in the issue of January 11, 

2022, on page 1390 in the third column, 

make the following correction in DATES: 

Public hearing: On January 26, 2022, 

we will hold a public hearing on the 

ivory-billed woodpecker proposed 

delisting from 6:00 to 7:30 p.m., Central 

Time, using the Zoom platform (for 

more information, see Public Hearing, 

below). 

Madonna Baucum, 

Regulations and Policy Chief, Division of 

Policy, Economics, Risk Management, and 

Analytics, Joint Administrative Operations, 

U.S. Fish and Wildlife Service. 

[FR Doc. 2022–00658 Filed 1–13–22; 8:45 am] 

BILLING CODE 4333–15–P 

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. 

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: 

• 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. 

• 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 burdenhour estimates or other aspects of the 


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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-levelssector-allocations-accountabilitymeasures-and-management. 

FOR FURTHER INFORMATION CONTACT: 

Nikhil Mehta, telephone: 727–824– 

5305, or email: nikhil.mehta@noaa.gov. 

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 MagnusonStevens 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 postseason 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 peerreviewed 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 postseason 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° 

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 


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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 inseason 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 


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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 inseason 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 postseason 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 


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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 coastwide 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 recordVerDate Sep<11>2014 16:36 Jan 13, 2022 Jkt 256001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\14JAP1.SGM 14JAP1

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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. 


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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 nonheadboat 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 yearround 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 


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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 exvessel 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 


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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 forhire 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. 


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2398 Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Proposed Rules 

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 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

■ 2. In § 622.270: 

■ a. Revise paragraphs (a)(1) and (2); 

■ b. Revise paragraph(b)(1); and 

■ c. Remove and reserve paragraph (c). 

The revisions read as follows: 

§ 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 

§ 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. 

* * * * * 

■ 3. In § 622.272, revise paragraphs 

(a)(1) and (2) to read as follows: 

§ 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 § 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 § 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 

§ 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). 

* * * * * 

■ 4. In § 622.277, revise paragraph 

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

§ 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. 

* * * * * 

■ 5. In § 622.278, revise paragraph (a) to 

read as follows: 

§ 622.278 Commercial trip limits. 

* * * * * 

(a) Trip-limited permits—(1) Atlantic 

wahoo. (i) When using the fishing gear 

for wahoo and as authorized under 

§ 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 § 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 § 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 

§ 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 

§ 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 § 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° N lat. (A charter vessel/ 

headboat permit is not a commercial 

vessel permit.) 

* * * * * 

■ 6. In § 622.280: 

■ a. Revise the first sentence of 

paragraph (a)(1)(i); 

■ b. Revise paragraph (a)(2); 

■ c. Add paragraph (a)(3); 

■ d. Revise the first sentence of 

paragraph (b)(1)(i); 

and 

■ e. Revise paragraph (b)(2). 

The revisions and additions read as 

follows: 

§ 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 


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Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Proposed Rules 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

RIN 0648–BK17 

Fisheries of the Northeastern United 

States; Amendment 23 to the 

Northeast Multispecies Fishery 

Management Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Announcement of availability of 

amendment; request for comments. 

SUMMARY: NMFS announces that the 

New England Fishery Management 

Council has transmitted Amendment 23 

to the Northeast Multispecies Fishery 

Management Plan, incorporating the 

Environmental Impact Statement and 

the Regulatory Flexibility Analysis, for 

review by the Secretary of Commerce, 

and is requesting comments from the 

public. This action would adjust the 

existing industry-funded at-sea 

monitoring program for groundfish 

sectors to improve the accuracy of 

collected catch data (landings and 

discards) and catch accounting in order 

to better determine total catch and effort 

and achieve coverage levels sufficient to 

minimize effects of potential monitoring 

bias. The measures recommended by the 

New England Fishery Management 

Council in Amendment 23 are intended 

to ensure there is a precise and accurate 

representation of catch to set catch 

limits at levels that prevent overfishing 

and to determine when catch limits are 

exceeded. 

DATES: Comments must be received on 

or before March 15, 2022 

ADDRESSES: The New England Fishery 

Management Council (Council) has 

prepared an Environmental Impact 

Statement (EIS) for this action that 

describes the proposed measures in 

Amendment 23 to the Northeast 

Multispecies Fishery Management Plan 

(FMP) and other considered alternatives 

and analyzes the impacts of the 

proposed measures and alternatives. 

The Council transmitted the amendment 

to NMFS, including the EIS, a 

description of the Council’s preferred 

alternatives, the Council’s rationale for 

selecting each alternative, and a 

Regulatory Impact Review (RIR). Copies 

of supporting documents used by the 

Council, including the EIS and RIR, are 

available from: Thomas A. Nies, 

Executive Director, New England 

Fishery Management Council, 50 Water 

Street, Newburyport, MA 01950 and 

accessible via the internet in documents 

available at: https://www.nefmc.org/ 

library/amendment-23. 

You may submit comments, identified 

by NOAA–NMFS–2020–0144, by: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov and enter NOAA– 

NMFS–2020–0144 in the Search box. 

Click the ‘‘Comment’’ icon, complete 

the required fields, and enter or attach 

your comments. 

Instructions: Comments sent by any 

other method 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, etc.), 

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). 

FOR FURTHER INFORMATION CONTACT: 

Mark Grant, Fishery Policy Analyst, 

(978) 281–9145. 

SUPPLEMENTARY INFORMATION: The 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) requires that 

each Regional Fishery Management 

Council transmit any amendment it 

prepares to NMFS for review and 

approval, disapproval, or partial 

approval. The Magnuson-Stevens Act 

also requires that NMFS, upon receiving 

an amendment and associated 

regulations deemed necessary by the 

Council to implement the amendment, 

immediately publish notification in the 

Federal Register that the amendment is 

available for public review and 

comment. The Council transmitted its 

final version of Amendment 23 to the 

Northeast Multispecies FMP 

(Amendment 23) to NMFS for review on 

August 9, 2021. On January 3, 2022, the 

Council submitted Amendment 23 

proposed rule regulations they deemed 

to be necessary and appropriate as 

specified in section 303(c) of the 

Magnuson-Stevens Act. 

The Council initiated Amendment 23 

to consider changes to the Northeast 

multispecies (groundfish) monitoring 

and reporting system to ensure it is 

providing the accurate catch 

information necessary to manage the 

fishery effectively and efficiently. The 

alternatives considered in this action 


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