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Final Rule to Implement New Catch Levels and Management Measures for South Atlantic Gag and Black Grouper

September 21, 2023

FB23-066: South Atlantic Fishery Bulletin; For more information, contact: Frank Helies, 727-824-5305, frank.helies@noaa.gov

Key Messages:

  • NOAA Fisheries announces changes to management of South Atlantic gag and black grouper.
  • For gag, these changes include establishing a rebuilding plan, and revising the acceptable biological catch, annual catch limits, annual optimum yield, sector allocations, accountability measures, and management measures for the commercial and recreational sectors.  The final rule also modifies recreational management measures for black grouper.
  • The management measures will reduce the commercial trip limit for gag, and implement recreational vessel limits for gag and black grouper.

 

When Rule Will Take Effect:

Regulations will be effective October 23, 2023.

 

What This Means:

  • Rebuilding Plan - Gag
    • Amendment 53 establishes a rebuilding plan schedule equal to 10 years starting in 2023 and ending in 2032.
  • Catch Levels and Sector Allocations - Gag
    • The total annual catch limit will be equal to the acceptable biological catch of 175,632 pounds (lbs) gutted weight (gw), for 2023, and will increase each year throughout the rebuilding timeframe.  The total annual catch limit will be 948,911 lbs gw, for 2032 and subsequent fishing years.
    • The gag sector annual catch limits are based on a revised commercial and recreational allocation of 49% commercial and 51% recreational for 2023 through 2026.  Each year thereafter will be a 50% commercial and 50% recreational allocation.
      • The commercial annual catch limit will be 85,326 lbs gw, for 2023, and will increase each year throughout the rebuilding timeframe.  The commercial annual catch limit will be 471,966 lbs gw, for 2032 and subsequent fishing years.
      • The recreational annual catch limit will be 90,306 lbs gw, for 2023, and will increase each year throughout the rebuilding timeframe.  The commercial annual catch limit will be 476,945 lbs gw, for 2032 and subsequent fishing years.
    • Management Measures – Gag and Black Grouper
      • The commercial trip limits for gag will be reduced to 300 lbs gw.
      • The rule will establish private recreational vessel limits for gag and black grouper of 2 fish per vessel per day not to exceed the daily bag limit of 1 fish per person per day, whichever is more restrictive.
      • The rule will establish a charter vessel/headboat (for-hire) recreational vessel limit for gag and black grouper of 2 fish per vessel per trip not to exceed the daily bag limit of 1 fish per person per day, whichever is more restrictive.
      • The rule will set the gag and black grouper bag limit for captain and crew on a for-hire vessel with a Federal for-hire snapper-grouper permit at zero.
    • Recreational Accountability Measures - Gag
      • The current in-season closure will be retained.
      • The post-season recreational accountability measure will be revised and triggered in the following fishing year if the recreational annual catch limit is exceeded.  If recreational landings exceed the recreational annual catch limit, the length of the following year’s recreational fishing season will be reduced by the amount necessary to prevent the recreational annual catch limit from being exceeded in the following year.

 

Formal Federal Register Name/Number:  88 FR 65135, September 21, 2023

 

This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.


Frequently Asked Questions (FAQs)

 

Why are changes being made to management of South Atlantic gag?

  • Amendment 53 and the final rule will modify management of South Atlantic gag in response to the latest population assessment.
  • The results of the latest assessment indicated that the stock has experienced over harvest and needs to rebuild to target levels.

 

Why are changes being made to the commercial and recreational allocations for gag?

  • Estimates of recreational landings have changed to incorporate Marine Recreational Information Program’s (MRIP) Fishing Effort Survey (FES) method, which has replaced the MRIP’s Coastal Household Telephone Survey.
  • Amendment 53 adjusts the commercial and recreational sector allocations based on a unique allocation formula (split reduction method) that accounts for the revisions to calibrated recreational landings estimates from the MRIP FES.
  • This method will allow for the reductions in total harvest needed to achieve the new total annual catch limit proportionally for each sector, based upon the distribution of landings under more recent time periods, which better reflects the way the fishery for gag is currently operating.  The South Atlantic Fishery Management Council (Council) chose the 5-year average of commercial and recreational landings from 2015 through 2019 for the baseline landings.  The Council's selected allocation alternative splits the reduction needed to achieve the new annual catch limit in 2023 proportionally, based on the sector’s landings from the baseline years.  Each subsequent year, throughout the rebuilding plan, as the annual catch limit increases, the allowable poundage increase is allocated equally between both sectors and added to each sector’s respective annual catch limit from the previous year.
  • Current sector allocations are 51% commercial and 49% recreational.  The new allocation percentages are 49% commercial and 51% recreational for 2023 through 2026.  Each year thereafter will be a 50% commercial and 50% recreational allocation.
  • The Council determined that the preferred sector allocation method more fairly deals with the initial reduction in landings that results from the updated catch levels and reduces the proportion of each sector’s allowable catch based on recent landings so the effect on each sector is more equitable.

 

What are the new catch levels and management measures for the commercial sector?

  • The commercial annual catch limits will be 85,326 lbs gw, for 2023; 128,096 lbs gw, for 2024; 171,687 lbs gw, for 2025; 215,051 lbs gw, for 2026; 259,823 lbs gw, for 2027; 306,400 lbs gw, for 2028; 353,220 lbs gw, for 2029; 397,555 lbs gw, for 2030; 437,390 lbs gw, for 2031; and 471,966 lbs gw, for 2032 and subsequent years.
  • The commercial trip limits for gag will be reduced to 300 lbs gw.
  • The lower trip limit will allow commercial fishermen to retain a sufficient amount of gag over the longest amount of time during a fishing year and will increase the likelihood of gag remaining open to commercial harvest and available to consumers for as long as possible during the year.

 

What are the new catch levels and management measures for the recreational sector for gag and black grouper?

  • The current recreational bag and possession limits for gag and black grouper in the South Atlantic are 1 fish per person per day within the 3 fish grouper aggregate (no more than 1 grouper may be gag or black grouper).  This is not being modified.
  • The rule establishes private recreational vessel limits for gag and black grouper of 2 fish per vessel per day not to exceed the daily bag limit of 1 fish per person per day, whichever is more restrictive.
  • The rule establishes charter vessel/headboat (for-hire) recreational vessel limits for gag and black grouper of 2 fish per vessel per trip not to exceed the daily bag limit of 1 fish per person per day, whichever is more restrictive.
  • The rule sets the gag and black grouper bag limit for captain and crew on a for-hire vessel with a Federal for-hire snapper-grouper permit at zero.
  • Given the substantial reduction in harvest needed to end overfishing immediately and to increase the likelihood of rebuilding the gag stock, the Council decided to establish recreational vessel limits that will continue to allow recreational retention and help constrain harvest to the reduced recreational catch limits.

 

Why are the recreational management measures for black grouper being modified?

  • Gag and black grouper are often misidentified by recreational fishermen.  Because of these misidentification issues, and with the need to greatly reduce the harvest of gag to rebuild the stock, the rule implements recreational harvest constraints for black grouper to indirectly benefit the gag portion of the snapper-grouper fishery because of the identification challenges between the two species.

 

What are the new recreational accountability measures?

  • The current in-season closure will be retained.
  • The post-season recreational accountability measure will be revised and triggered in the following fishing year if the recreational annual catch limit is exceeded.  If recreational landings exceed the recreational annual catch limit, the length of the following year’s recreational fishing season will be reduced by the amount necessary to prevent the recreational annual catch limit from being exceeded in the following year.
  • The measure will remove the current potential duplicate application of a reduction in the recreational season length and an overage adjustment (payback) of the recreational catch limit overage if the total annual catch limit was exceeded.
  • The modification will ensure that overages in the recreational sector do not affect the catch levels for the commercial sector.
  • The rule does not revise the commercial accountability measures because the Council determined that the current commercial measure remains sufficient to prevent commercial landings from exceeding either the current or revised commercial catch limits.

 

Where can I find more information on Amendment 53?


Sign Up For Text Message Alerts - Find Out About Immediate Openings and Closures

 

NOAA's Text Message Alert Program allows you to receive important fishery related alerts via text message (SMS).  Standard message & data rates may apply.  You may opt-out at any time.

 

Text alerts you may receive include:

  • Immediate fishery openings and closures
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Sign up for one or more of the following groups:

  • Gulf of Mexico Recreational Fisheries Related Alerts
    • Text GULFRECFISH to 888777
  • Gulf of Mexico Commercial Fisheries Related Alerts
    • Text GULFCOMMFISH to 888777
  • South Atlantic Recreational Fisheries Related Alerts
    • Text SATLRECFISH to 888777
  • South Atlantic Commercial Fisheries Related Alerts
    • Text SATLCOMMFISH to 888777
  • Caribbean Fisheries Related Alerts
    • Text CARIBFISH to 888777

 

Quick Glance Contact List for the NOAA Fisheries Southeast Regional Office

 

Permits Mailbox:

The Permits Office in St. Petersburg, Florida now has a Permits mailbox in the front lobby (263 13th Ave. South, St. Petersburg, FL 33701).  You can now drop off original permits for permit transfers.  Envelopes with information labels will be provided so that your documents can be attached to the correct application.  The mailbox will be checked daily.  For more information contact the Permits Office at 877-376-4877.

 

Media Contact: Allison Garrett, 727-551-5750 

Recreational Fishing Coordinator: Sean Meehan, 727-385-5202

 

Last updated by Southeast Regional Office on September 21, 2023