[Federal Register Volume 87, Number 63 (Friday, April 1, 2022)]
[Rules and Regulations]
[Pages 19011-19019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06842]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 220328-0080]
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: Final rule.

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SUMMARY: NMFS issues 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 final rule 
revises the annual catch limits (ACLs), accountability measures (AMs), 
and additional management measures for

[[Page 19012]]

dolphin and wahoo. The additional management measures 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 also revises the acceptable biological 
catch (ABC) and sector allocations for both dolphin and wahoo. The 
purpose of this final 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: This final rule is effective May 2, 2022.

ADDRESSES: 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.
    Written comments regarding the burden hour estimates or any other 
aspects of the collection of information requirements contained in this 
final rule may be submitted at any time by email to Adam Bailey, NMFS 
Southeast Regional Office, <a href="/cdn-cgi/l/email-protection#c2a3a6a3afeca0a3abaea7bb82acada3a3eca5adb4"><span class="__cf_email__" data-cfemail="ceafaaafa3e0acafa7a2abb78ea0a1afafe0a9a1b8">[email protected]</span></a>, or to www.reginfo.gov/public/do/PRAMain.

FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305, 
or email: <a href="/cdn-cgi/l/email-protection#7c12151714151052111914081d3c12131d1d521b130a"><span class="__cf_email__" data-cfemail="f7999e9c9f9e9bd99a929f8396b799989696d9909881">[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 Fishery Conservation and 
Management Act (Magnuson-Stevens Act).
    On December 23, 2021, NMFS published a notice of availability for 
Amendment 10 and requested public comment (86 FR 72911). NMFS approved 
Amendment 10 on March 17, 2022. On January 14, 2022, NMFS published a 
proposed rule for Amendment 10 and requested public comment (87 FR 
2389). The proposed rule and Amendment 10 outline the rationale for the 
actions contained in this final rule. A summary of the management 
measures described in Amendment 10 and implemented by this final rule 
is described below.

Background

    The current total ACLs for both dolphin and wahoo were added to the 
FMP in 2014 through 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 final rule revises the 
total ACLs for dolphin and wahoo to equal the new ABC values.
    The current sector allocations for dolphin were added to the FMP in 
2016 through 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 added to the FMP in 2014 
through 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 specifies commercial and recreational allocations for 
dolphin at 7.00 percent and 93.00 percent, respectively. For wahoo, 
Amendment 10 specifies commercial and recreational allocations at 2.45 
percent and 97.55 percent, respectively. These allocations are applied 
to the respective species' revised total ACLs (equal to the proposed 
ABCs) using the third highest landings value during 1994-2007 to 
determine the new sector ACLs. The revised 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 new 
weight estimation procedure. For dolphin, the Council has determined 
that the revised sector 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 final rule do not make any changes to the 
commercial AMs for dolphin or wahoo. The current recreational AMs for 
dolphin and wahoo were added to the FMP in 2014 through Amendment 5, 
and do not contain an in-season AM but instead require 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

[[Page 19013]]

unlikely to be conducted in the near future. Therefore, there is no 
likely method to determine their stock status. This final rule 
establishes a trigger to implement post-season AMs and specifies the 
post-season AMs that may be triggered for dolphin and wahoo and that 
are not based on their stock status.
    In 2017, Regulatory Amendment 1 to the Dolphin and Wahoo FMP and 
the associated final rule implemented the current commercial trip limit 
for dolphin of 4,000 lb (1,814 kg), round weight, that is in effect 
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 
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, a commercial lobster 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 final rule allows a person aboard 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 final rule removes 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 final rule decreases the dolphin 
recreational vessel limit for charter vessels and private recreational 
vessels, excluding headboats. The dolphin individual recreational bag 
limit of 10 fish per person in the Atlantic EEZ remains unchanged.

Management Measures Contained in This Final Rule

Annual Catch Limits

Dolphin

    The current total ACL for dolphin is 15,344,846 lb (6,960,305 kg), 
round weight. This final rule revises 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. Dolphin are highly fecund, spawn throughout a 
wide geographical range, and have an early age at first maturity with a 
short generation time. Therefore, dolphin's life-history could most 
likely 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 revised 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 revised 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 revised 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. This final rule revises 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, 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 with 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

[[Page 19014]]

percent, respectively. The revised 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 revised 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 revised sector ACLs would not 
change the revised 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 final rule 
contains modifications to the recreational post-season AMs to both 
stocks to reduce the risk that the recreational ACL is 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, given 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 revised 
allocations and sector ACLs would strike a balance between the needs of 
both sectors.

Accountability Measures

Dolphin

    This final rule revises the recreational AMs for dolphin. The 
current in-season closure and post-season AM based on stock status will 
be replaced. The revised recreational AM is 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 will also help 
ensure sustainable harvest by preventing the total ACL from being 
exceeded consistently. Once triggered, the revised 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 RA determines, using 
the best available science, that the season reduction is not necessary 
to keep the recreational ACL from being exceeded in the following year. 
The Council noted that there would be a relatively low likelihood of 
the recreational AM for dolphin being triggered, because the revised 
recreational ACL is based on the updated 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 final rule revises the recreational AMs for wahoo. The current 
in-season closure and post-season AM based on stock status would be 
replaced. The revised recreational AM is 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 
for 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, calculated as the geometric mean, 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 the geometric mean is less 
sensitive to being affected by abnormally large variations in landings 
estimates than the arithmetic mean or 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 to keep the recreational ACL from being 
exceeded in the following year. 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 
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 considered an 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 decided to 
take a broader approach to allow vessels fishing with trap, pot, or 
buoy gear to possess dolphin or wahoo as long as the dolphin or wahoo 
were harvested with rod and reel gear. This final rule allows for a new 
category of commercial trip limits for dolphin and wahoo based on as 
authorized gear exemption for trap, pot, and buoy gear. This final rule 
will allow for 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

[[Page 19015]]

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 
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 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 final rule removes 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 extensively by OLE or their law enforcement partners. The 
Council noted the 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 final rule decreases 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 possession limit reduction in this final rule, 
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 revised 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 they are concerned over the 
health of the dolphin stock and the associated fishery. The Council 
determined that 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 Final Rule

Acceptable Biological Catch

    The current ABCs for dolphin and wahoo were added to the FMP in 
2014 through 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 MRIP CHTS survey method. The new ABC recommendations within 
Amendment 10 for dolphin and wahoo are also based on the new weight 
estimation procedure from the SEFSC that uses a 15 fish minimum sample 
size and represents the best scientific information available.

Sector Allocations

    As discussed, Amendment 10 revises 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 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 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 revises these Dolphin and Wahoo FMP 
goals and objectives in response to the 2016 Fisheries Allocation 
Review Policy and ensures 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

[[Page 19016]]

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.

Comments and Responses

    NMFS received 52 comment submissions during the public comment 
period on the notice of availability and proposed rule for Amendment 
10. Comment submissions were from the general public, for-hire vessel 
owners, sport-fishing associations, businesses, and non-governmental 
organizations. The majority of the comments were against one or more of 
the proposed actions for dolphin. One of the comments was submitted 
jointly by various entities and included over 6,000 individual 
signatories on a petition against approval of Amendment 10 and 
requested that NMFS instead implement more restrictive management 
measures for dolphin. NMFS acknowledges and agrees with the comments in 
favor of the actions in the notice of availability and proposed rule 
from the general public, recreational sport-fishing interests, and 
commercial fishing interests. Comments in opposition, and those that 
requested additional information about the actions contained in the 
notice of availability and proposed rule, are summarized by topic area 
below, along with NMFS' responses.
    Comment 1: The final recommendations of the Council on Amendment 
10, along with underlying conclusions and recommendations of its SSC 
for the revised ABCs, are not based upon the best scientific 
information available. For both dolphin and wahoo, the proposed ABC 
recommendations ignore the most recent 14 years of landings data. For 
dolphin specifically, the downward population trend in the fishery does 
not support an increase in the ABC, total ACL, and sector ACLs, in the 
absence of a stock assessment.
    Response: NMFS disagrees. The Council's SSC recommended the ABC for 
dolphin and wahoo based on Level 4 of their ABC Control Rule for un-
assessed species, which is a general procedure used by the SSC for 
species for which an increase (beyond current range of variability) in 
catch is not expected to result in a decline of the stock. The SSC had 
many robust discussions over the range of years to use for recommending 
the revised ABC to the Council and decided to use years that were more 
representative of the fishery's historical tendency to harvest these 
species, without regulations such as ACLs in place at that time. The 
SSC then evaluated the landings within that time period, for any 
indication that those average landings had been potentially detrimental 
to the health of the stock. The SSC did not use the 2008 fishing year 
in the range of years because of the economic recession at that time. 
The ACLs for dolphin and wahoo were originally implemented in 2012 (77 
FR 15916; March 16, 2012). The 2015 fishing year was a year of 
unusually high landings of dolphin that resulted in an early closure of 
the commercial sector (80 FR 36249; June 24, 2015). The SSC also sought 
to avoid reducing the commercial or recreational sectors' harvest 
opportunities for dolphin and wahoo absent any adverse biological risk 
to the stock, especially given the highly migratory nature of the 
species and its life-history, including high fecundity. Thus, the SSC 
recommended the Council use the third highest landings value for the 
time series of 1994-2007. The proposed ABC recommendations for dolphin 
and wahoo also use MRIP FES data, incorporate recreational landings 
from Monroe County, Florida, updated commercial landings data, and 
SEFSC new weight estimation procedures. The ABC recommendations and 
resulting ACLs for dolphin and wahoo adhere to the SSC's 
recommendations, and their biological, economic, social, and 
administrative effects were analyzed using the past 5 years of data and 
then reviewed by the SSC, NMFS Southeast Regional Office, Council, and 
SEFSC, who certified Amendment 10 is based on the best scientific 
information available.
    NMFS acknowledges that there is no peer-reviewed stock assessment 
for dolphin or wahoo (such as the Southeast Data, Assessment, and 
Review assessment process). However, dolphin are highly fecund, spawn 
year-round throughout a wide geographical range, have an early age at 
first maturity, and a short generation time. Therefore, dolphin's life-
history could most likely support the increase to the ABC (and ACL), 
even without a stock assessment.
    Further, the difference in accounting for recreational landings 
under the older MRIP CHTS and newer MRIP FES methods is a factor in the 
increase in the catch limits. When compared to the most recent 5-year 
and 3-year average landings, analysis in Amendment 10 revealed the new 
ACLs for dolphin are not expected to be reached. If they are reached, 
the current in-season commercial AMs and revised recreational AMs would 
help to reduce the risk of any overages that could possibly occur in 
the future.
    Comment 2: NMFS should further reduce the recreational vessel limit 
for dolphin, as the proposed reduction from 60 fish per vessel to 54 
fish per vessel in Amendment 10 is not enough to protect the stock.
    Response: Despite the lack of a dolphin stock assessment or other 
biological information indicating a need to reduce dolphin harvest, the 
Council was responsive to public input expressing harvest related 
concerns. In Amendment 10, the Council considered a number of vessel 
limit alternatives for dolphin, including the current 60 dolphin per 
vessel limit and reduced limits of 54, 48, 42, 40, and 30. Reduced 
recreational vessel limits for dolphin were particularly recommended by 
constituents from Florida. The Council, in deciding what vessel limit 
alternative to select, balanced the economic hardship that any 
reductions would cause the for-hire industry, especially in North 
Carolina, with the need to facilitate achieving optimum yield within 
the fishery. Further, no evidence indicates that, if dolphin were not 
harvested in North Carolina and areas northward, they would 
subsequently survive and make it back to Florida. To the contrary, 
peer-reviewed literature actually indicates movement of dolphin from 
the Florida Keys to North Carolina and northward. Analysis in Amendment 
10 showed that larger reductions in recreational harvest through vessel 
limit changes was best achieved when considering the entire Atlantic 
(Maine to Florida on the Atlantic side), and not just Florida, or even 
Florida, Georgia, and South Carolina combined. In Amendment 10, the 
Council selected the revised dolphin vessel limit of 54 fish to effect 
a vessel limit reduction, while balancing the overall needs of the 
fishery throughout its full range.
    Comment 3: Recreational and commercial landings of dolphin have 
been in decline (especially in the past 5 years), and reduced 
quantities of larger sized dolphin in the Florida Keys have been 
observed in past 5-10 years. NMFS and the Council should consider 
alternative, more proactive methods to conserve dolphin such as: 
Reducing private recreational bag limit; extending the applicability of 
the current minimum size limit of 20 inches (50.8 cm), fork length (FL) 
to all applicable geographical areas (Maine to east coast of Florida), 
or increasing the minimum size; implementing a lower commercial trip 
limit; and banning the use longline gear for the commercial sector.
    Response: NMFS is aware of reports of the decline in dolphin 
availability, especially large-sized dolphin in the Florida Keys. This 
could be due to the

[[Page 19017]]

highly migratory fish moving out of the area or going deeper in search 
of suitable temperature and food availability. Recent peer-reviewed 
literature supports behavioral thermoregulation by dolphin, and their 
northern movement in response to increasing sea surface temperature. 
Studies have shown that seasonal abundance of dolphin along the east 
coast of the U.S. and the Gulf of Mexico is heavily influenced by sea 
surface temperature and distance to temperature fronts, chlorophyll-a 
concentration, and Sargassum mats. The Mid-Atlantic and New England 
Councils have not reported a decline in dolphin availability and large 
sized fish. In fact, some commenters on the notice of availability and 
proposed rule for Amendment 10 stated that the perceived paucity of 
dolphin availability and large sized individuals off Florida was 
related to warming ocean temperatures and that the fish are not 
returning as far south as they used to 15 years ago.
    Comment 4: NMFS should not approve the proposed post-season 
recreational AM for wahoo. Creating a shorter fishing season would 
incentivize a race by recreational fishers to meet the recreational ACL 
and would represent a disadvantage to fishers whose livelihoods depend 
on a full fishery season.
    Response: NMFS disagrees. The current recreational AM for wahoo 
which is in place prior to this final rule states that, 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 overage in the following 
fishing year and the recreational season will be reduced only if the 
species is overfished and the total ACL is exceeded. This current AM 
cannot be triggered, because there is no stock assessment for wahoo and 
therefore its stock status is unknown and cannot be determined to be 
``overfished.'' There is also no recreational in-season AM for wahoo 
proposed in Amendment 10. Therefore, a functional and effective post-
season AM is required to prevent possible adverse biological effects to 
the wahoo stock if the recreational ACL is exceeded. The revised post-
season recreational AM for wahoo 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 will not be reduced if 
the RA determines, using the best available science, that it is not 
necessary. The economic effects of a reduced fishing season would 
depend on the severity of any season reduction, the timing, and the 
availability of other species that could be suitable substitutes for 
wahoo. Fishers could also determine the subsequent trade-offs between 
reduced fishing seasons or lower recreation bag/vessel limits and 
longer seasons. The possibility of a shorter fishing season occurring 
as a result of the new recreational AM being implemented could work to 
dis-incentivize fishers from exceeding the recreational ACL in the 
first place and thereby help to protect the stock and fishing 
opportunities.

Additional NMFS Public Comment Feedback

    NMFS notes that in March 2022, Florida approved a final rule for 
the state with the following actions for dolphin that will be effective 
May 1, 2022, in state waters only: A recreational harvester may not 
harvest, land, or possess per day more than 5 dolphin; recreational 
harvesters aboard a private recreational vessel may not collectively 
possess or land more than 30 dolphin, regardless of the number of 
licensed or license-exempt persons onboard; and the daily bag and 
possession limit for captains and crew on for-hire vessels is zero.''
    NMFS also notes that size limits, commercial trip limits, and 
longline gear changes were outside the scope of actions considered by 
the Council in Amendment 10. NMFS has decided to respond in a general 
manner to these comments in this final rule given the volume of 
comments received and interest concerning these issues, even though 
Amendment 10 does not contain that information. This serves to better 
inform the public of some of the dolphin regulations.
    While a number of commenters requested that a commercial trip limit 
be put in place, current Federal regulations do in fact already include 
a dolphin commercial trip limit. The commercial trip limit of 4,000 lb 
(1,814 kg), round weight, comes into effect when 75 percent of the 
commercial ACL is reached. With respect to comments requesting changes 
to the recreational bag limits for dolphin, prohibiting the retention 
of dolphin by captain and crew, extending the current minimum size 
limit to all geographical applicable areas (Maine to east coast of 
Florida), as well as the comments regarding additional changes to the 
vessel limit, the Council is considering the development of a 
subsequent amendment for dolphin. The possible new amendment could 
consider these items for changes by the Council. The commenters' range 
of suggestions for recreational bag limits (8, 5, or 3 per person), 
vessel trip limits (54, 40, or 30 fish), minimum size limits (extending 
range of current limit applicability and increasing the limit to 24 
inches (61 cm), FL, could be used as alternatives for these actions if 
they were to be included in an amendment. The continued use of longline 
gear by the commercial sector for dolphin may also be considered by the 
Council in a future amendment.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with Amendment 10, the FMP, the Magnuson-Stevens Act, and 
other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
final rule. No duplicative, overlapping, or conflicting Federal rules 
have been identified. A description of this final rule, why it is being 
implemented, and the purposes of this final rule are contained in the 
SUMMARY and SUPPLEMENTARY INFORMATION sections of this preamble. The 
objectives of this final 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 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) during the proposed rule stage that this final 
rule, if adopted, would not have a significant economic impact on a 
substantial number of small entities. NMFS did not receive any comments 
from SBA's Office of Advocacy on the certification in the proposed 
rule. NMFS did receive three comments from the public on the economic 
analysis in Amendment 10. Two comments suggested that Amendment 10 
would adversely affect the economy. NMFS disagrees with these comments 
and believes that Amendment 10 would result in net economic benefits to 
the Nation. Based on NMFS's analysis, NMFS expects that Amendment 10 
would result in net economic benefits of between $9.16 and $10.17 
million (in 2019 dollars) per year, on average, over the next 5 years. 
The comments

[[Page 19018]]

provided no specific information that would provide a basis to alter 
the estimated net benefits.
    One comment suggested that Amendment 10 would disproportionately 
benefit the commercial sector relative to the recreational sector. NMFS 
disagrees with this comment because the analysis conducted by NMFS 
indicates that nearly 89 percent of the increase in net economic 
benefits to the Nation associated with Amendment 10 is expected to 
accrue to the recreational sector, while about 11 percent of the 
increase is expected to accrue to the commercial sector. The comment 
provided no specific information that would provide a basis to alter 
these estimates, and therefore NMFS continues to believe that the 
commercial sector would not disproportionally benefit from this final 
rule.
    No changes to this final rule were made in response to public 
comments. The factual basis for the certification was published in the 
proposed rule and is not repeated here. Because this final rule is not 
expected to have a significant economic impact on a substantial number 
of small entities, a final regulatory flexibility analysis is not 
required and none has been prepared.
    This final rule contains a revision to existing collection-of-
information requirements subject to review and approval by the Office 
of Management and Budget (OMB) under the Paperwork Reduction Act (PRA). 
This final rule revises existing requirements for the collection of 
information approved under OMB Control Number 0648-0205, Southeast 
Region Permit Family of Forms. NMFS is removing the requirements 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 final rule will decrease the annual number of 
respondents to 74 and decrease the annual number of responses to 74. 
Further, NMFS estimates the annual burden hours will decrease to 37 
hours, and the annual burden cost will 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.
    NMFS invites the public and other Federal agencies to comment on 
any proposed and continuing information collections, which helps NMFS 
assess the impact of information collection requirements and minimize 
the public's reporting burden. Written comments and recommendations for 
this information collection should be submitted on the following 
website: www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by using the search function and entering the 
title of the collection or the OMB Control Number 0648-0205.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall 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.

    Dated: March 28, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is amended 
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 paragraph (a)(1) and add paragraph (a)(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,

[[Page 19019]]

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 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. 2022-06842 Filed 3-31-22; 8:45 am]
BILLING CODE 3510-22-P


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