[Federal Register Volume 84, Number 151 (Tuesday, August 6, 2019)]
[Proposed Rules]
[Pages 38198-38201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16657]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BI84
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; State Management Program;
Amendments 50A-F
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for comments.
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SUMMARY: The Gulf of Mexico (Gulf) Fishery Management Council (Council)
has submitted Amendments 50A, 50B, 50C, 50D, 50E, and 50F to the
Fishery Management Plan for the Reef Fish Resources of the Gulf of
Mexico (FMP), for review, approval, and implementation by NMFS
(Amendments 50A-F). Amendments 50A-F would delegate authority to
Louisiana, Mississippi, Alabama, Florida, and Texas (Gulf states), to
establish specific management measures for the harvest of red snapper
in Federal waters in the Gulf by the private angling component of the
recreational sector. The purposes of Amendments 50A-F are to increase
fishing opportunities and economic benefits by allowing each Gulf state
to establish specific management measures for the recreational harvest
of red snapper in Federal waters by private anglers landing in that
state.
DATES: Written comments must be received on or before October 7, 2019.
ADDRESSES: You may submit comments on Amendments 50A-F identified by
``NOAA-NMFS-2017-0122'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0122, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Lauren Waters, 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
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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).
Electronic copies of Amendments 50A-F, which include an
environmental impact statement, a fishery impact statement, a
Regulatory Flexibility Act (RFA) analysis, and a regulatory impact
review, may be obtained from the website: http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2017/am46_gray_trigger/documents/pdfs/gulf_reef_am46_gray_trigg_final.pdf.
FOR FURTHER INFORMATION CONTACT: Lauren Waters, Southeast Regional
Office, NMFS, telephone: 727-824-5305; email: [email protected].
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any FMP or amendment to NMFS for
review and approval, partial approval, or disapproval. The Magnuson-
Stevens Act also requires that NMFS, upon receiving an FMP or
amendment, publish an announcement in the Federal Register notifying
the public that the FMP or amendment is available for review and
comment.
The FMP being revised by Amendments 50A-F was prepared by the
Council and implemented by NMFS through regulations at 50 CFR part 622
under the authority of the Magnuson-Stevens Act.
Background
The red snapper stock annual catch limit (ACL) is divided into
commercial (51 percent) and recreational (49 percent) sector
allocations. In 2015, through Amendment 40 to the FMP, the recreational
sector was separated into a private angling component and a Federal
charter vessel and headboat (for-hire) component until the end of 2022
(80 FR 22422, April 22, 2015). Within the recreational sector, the
recreational ACL is allocated 57.7 percent to the private angling
component and 42.3 percent to the for-hire component. Recreational
harvest of red snapper in Gulf Federal waters is managed through a two-
fish bag limit, a 16-inch (40.6 cm) total length (TL) minimum size
limit, and fishing seasons for each component that begin on June 1 and
close when the annual catch target (ACT) of the respective recreational
component is projected to be reached. However for the 2018 and 2019
fishing years, NMFS issued exempted fishing permits to each of the five
Gulf states to allow each state to set the fishing season for private
anglers landing in that state. The for-hire component fishing season
continues to be set by NMFS. The Gulf red snapper stock is not
undergoing overfishing, and is not overfished but continues to be
managed under a rebuilding plan that ends in 2032.
From 1996 through 2014, the recreational fishing season for red
snapper in Gulf Federal waters became progressively shorter, and
increased catch rates and inconsistent (longer) Gulf state water
recreational fishing seasons contributed to recreational harvest
overages. Recreational fishermen throughout the Gulf have requested
more flexibility from the Council and NMFS in recreational red snapper
management to provide greater socio-economic benefits to their local
areas.
In 2017, the Council began developing Amendments 50A-50F to
establish state management programs for the harvest of red snapper in
the Gulf by the recreational sector. State management refers to
allowing a state to set some regulations applicable to anglers landing
red snapper in that state (e.g., recreational bag limits and season
length), or in some circumstances applicable to anglers fishing for red
snapper in Federal waters off that state (e.g., closed areas).
Amendment 50A includes actions affecting all Gulf states and the
overall Federal management of recreational red snapper, regardless of
whether all Gulf states participate in a state management program.
Amendments 50B-F are individual amendments for each Gulf state
(Louisiana, Mississippi, Alabama, Florida, and Texas, respectively) and
contain the Council's selection of preferred alternatives for each
individual state management plan.
Management measures under a state's approved state management
program would have to achieve the same conservation goals as the
current Federal management measures (e.g., constrain harvest to the
state's allocated portion of the recreational ACL). Although under
state management for measures controlling certain harvesting
activities, red snapper would remain a federally managed species. The
Council's Scientific and Statistical Committee would continue to
recommend the acceptable biological catch for red snapper, while the
Council would determine the total recreational sector, component, and
state ACLs. Unless area closures off a state are established in Federal
waters, enforcement would primarily be conducted in state waters and
dockside.
Actions Contained in Amendments 50A-F
Amendments 50A-F include measures: Identifying the recreational
component to include in state management programs; establishing the
state-specific allocation of the annual catch limit (ACL); delegating
the authority to the states to establish the recreational fishing
season, recreational bag limit, and size limits; establishing the post-
season ACL adjustments; and establishing the procedure for states to
request an area closure in Federal waters off their state.
Recreational Components Included in State Management Programs
Currently, the Council and NMFS establish all management measures
for both the Federal private angling and for-hire components in Gulf
Federal waters. Amendments 50A-F would delegate to each state the
authority to establish specific management measures applicable to the
private angling component only. The Council and NMFS would continue to
specify all management measures applicable to the Federal for-hire
component. The sunset provision ending sector separation after the 2022
fishing year would be removed, and separate component ACLs would
continue to be set for each component indefinitely. The Council decided
not to pursue state management of the for-hire component at this time
in order to reduce the administrative burden and potential complication
of enforcement in developing a program for that component. The Council
wanted to have Amendments 50A-F implemented for the 2020 fishing year,
and including the for-hire component may have affected this timeline.
Delegation
Currently, each Gulf state decides when to open and close their
respective state waters to fishing for reef fish. These state water
recreational reef fish seasons may not be consistent with the fishing
seasons in Federal waters. In state waters, the states establish other
management measures, such as recreational bag limits and size limits,
while the Council has the responsibility for reef fish management
measures applicable in Federal waters. Amendments 50A-F would delegate
some management authority to a Gulf state to regulate recreational
harvest of red snapper in Federal waters by private anglers landing in
that state. Each state
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would be required to establish the private angling season structure for
harvest of its assigned portion of the ACL, monitor landings, and
prohibit further landings of red snapper when the state-specific
component ACL is reached or projected to be reached. Each state would
also be required to specify a bag limit and a minimum size limit within
the range of 14 to 18 inches (35.6 cm to 45.7 cm), TL. In combination,
these measures must be expected to maintain harvest levels within the
state's ACL. A state could also establish a maximum size limit.
If NMFS determines that a state's red snapper private angling
regulations are inconsistent with the FMP and the state fails to
correct the inconsistency after notice and an opportunity to do so, or
a state does not specify the required management measures, then NMFS
would suspend that state's delegation and publish a document in the
Federal Register stating that the default management measures for the
red snapper private angling component apply in Federal waters off that
state. The default management measures are the current season (June 1
until the projected closure date), bag limit (2 fish per person per
day), and minimum size limit (16 inches (40.6 cm), TL).
The areas of Federal waters off Florida and off Texas are currently
defined in the regulations. Amendment 50A would specify the area of
Federal waters off Alabama, Mississippi, and Louisiana so that each
Gulf state would have a defined Federal water boundary off that state.
Allocation
Currently, the red snapper private angling component ACL is managed
as a single unit for all of the Gulf states. Amendment 50A would
apportion the private angling component ACL to each state. The
allocation would be based on the allocations requested by each state in
its EFP application, which totaled 96.22 percent of the overall
component ACL. The remaining 3.78 percent would be apportioned between
Florida and Alabama, proportionally, based on their EFP allocation
request. This results in the apportionment of the private angling ACL
to each Gulf state as follows: Alabama 26.298 percent (1,122,662 lb
(509,231 kg)), round weight, Florida 44.822 percent (1,913,451 lb
(867,927 kg)), round weight, Louisiana 19.120 percent (816,233 lb
(370,237 kg)), round weight, Mississippi 3.550 percent (151,550 lb
(68,742 kg)), round weight, and Texas 6.210 percent (265,105 lb
(120,250 kg)), round weight.
If NMFS suspends one or more state's delegation, NMFS would project
the private angling season in Federal waters off the applicable states
based on the remaining aggregate portion of the ACL reduced by the
established 20 percent buffer that is used to determine the Federal
annual catch target. Anglers who fish in Federal waters off a state
without an active delegation of authority would fish under the default
Federal regulations described previously.
Post-Season ACL Adjustments
Amendments 50B-F would establish post-season quota adjustments. An
overage adjustment, or payback provision, is an accountability measure
(AM) that reduces the following year's ACL by some specified amount,
usually the amount the ACL was exceeded. The current recreational red
snapper post-season AM applies when the stock is classified as
overfished and an overage of the total recreational sector's ACL
occurs. The AM requires NMFS to reduce the recreational sector ACL and
ACT, and applicable component ACL and ACT, in the year following an
overage of the total recreational ACL by the full amount of the
overage, unless the best scientific information available determines
that a greater, lesser, or no overage adjustment is necessary.
Amendments 50B-F would establish post-season ACL overage adjustments
for states with an active delegation, regardless of stock status. If
the landings of a state exceed that state's ACL, then in the following
fishing year that state's ACL would be reduced by the amount of the ACL
overage in the prior fishing year, unless the best scientific
information available determines that a greater, lesser, or no overage
adjustment is necessary. The total recreational ACL and the private
angling component ACL would also be reduced.
In Amendments 50B-F, the Council expressed its intent to allow for
carryover of a state's unused portion of its ACL to the following
fishing year if permitted under a separate amendment to the FMP that
the Council was developing to add a carryover provision to the
Acceptable Biological Catch Control Rule. In June 2019, the Council
postponed work on that amendment. Therefore, NMFS is not proposing to
implement this provision at this time.
Area Closures
Amendment 50A would allow a Gulf state, consistent with the terms
of an active delegation, to request that NMFS close all, or an area of,
Federal waters off that state to the harvest and possession of red
snapper by private anglers. The state would request the closure by
letter to NMFS, providing dates and geographic coordinates for the
closure. If the request is within the scope of the analysis in
Amendment 50A, NMFS would publish a document in the Federal Register
implementing the closure in Federal waters off that state for the
fishing year.
Based on the analysis in Amendment 50A, Texas would be able to
request a closure of all Federal waters off the state to allow a year-
round fishing season in state waters and a limited season in Federal
waters. Florida would be able to request a closure of Federal waters
off the state seaward of the 20-fathom (36.6-m) depth contour, or
seaward of the 35-fathom (64.0-m) depth contour, for the duration of
Florida's open private angling component season. Alabama would be able
to request a closure of Federal waters off the state seaward of the 20-
fathom (36.6-m) depth contour, or seaward of the 35-fathom (64.0-m)
depth contour, for the duration of Alabama's open private angling
component season. Florida and Alabama want the ability to close deeper
waters to potentially extend their seasons by decreasing the average
size of fish landed. These areas were chosen because an approximation
for the 20-fathom depth contour is currently defined in 50 CFR
622.34(d) for the seasonal shallow-water grouper closure, and an
approximation of the 35-fathom depth contour is partially defined in 50
CFR 622.35(b) for the seasonal eastern Gulf longline closure. The
coordinates for any closure off Texas, Florida, or Alabama are provided
in Appendix H of Amendment 50A and would be included in the Federal
Register document implementing the closure. Neither Louisiana nor
Mississippi provided any potential closures to analyze in Amendment 50A
and these states would not be able to request Federal waters closures
through this process without further action by the Council.
Proposed Rule for Amendments 50A-F
A proposed rule that would implement Amendments 50A-F has been
drafted. In accordance with the Magnuson-Stevens Act, NMFS is
evaluating the proposed rule to determine whether it is consistent with
the FMP, the Magnuson-Stevens Act, and other applicable law. If that
determination is affirmative, NMFS will publish the proposed rule in
the Federal Register for public review and comment.
Consideration of Public Comments
The Council has submitted Amendments 50A-F for Secretarial review,
approval, and implementation.
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Comments on Amendments 50A-F must be received by October 7, 2019.
Comments received during the respective comment periods, whether
specifically directed to Amendments 50A-F or the proposed rule, will be
considered by NMFS in its decision to approve, partially approve, or
disapprove Amendments 50A-F and will be addressed in the final rule.
All comments received by NMFS on Amendments 50A-F or the proposed
rule during their respective comment periods will be addressed in the
final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 31, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2019-16657 Filed 8-5-19; 8:45 am]
BILLING CODE 3510-22-P