[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Rules and Regulations]
[Pages 6819-6825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01653]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 200124-0029]
RIN 0648-BI84


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Amendments 50A-F

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 management measures 
described in Amendments 50A, 50B, 50C, 50D, 50E, and 50F to the Fishery 
Management Plan for Reef Fish Resources in the Gulf of Mexico (FMP), as 
prepared by the Gulf of Mexico Fishery Management Council (Council) 
(Amendments 50A-F). This final rule delegates 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 of Mexico (Gulf) by the private angling component of 
the recreational sector. The purposes of this final rule and 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: This final rule is effective February 6, 2020.

ADDRESSES: Electronic copies of Amendments 50A-F may be obtained from 
the website: https://www.fisheries.noaa.gov/action/amendment-50a-f-state-management-program-recreational-red-snapper. Amendments 50A-F 
include an environmental impact statement, environmental assessments, a 
fishery impact statement, a regulatory impact review, and a Regulatory 
Flexibility Act (RFA) analysis.

FOR FURTHER INFORMATION CONTACT: Lauren Waters, NMFS Southeast Regional 
Office, telephone: 727-824-5305; email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery, which includes red snapper, under the FMP. The Council 
prepared the FMP and NMFS implements the FMP through regulations at 50 
CFR part 622 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).
    On August 6, 2019, NMFS published a notice of availability for 
Amendments 50A-F and requested public comment (84 FR 38198). On October 
2, 2019, NMFS published a proposed rule for Amendments 50A-F and 
requested public comment (84 FR 52438). NMFS approved Amendments 50A-F 
on November 6, 2019. The proposed rule and Amendments 50A-F outline the 
rationale for the actions contained in this final rule. A summary of 
the management measures described in Amendments 50A-F and implemented 
by this final rule is described below.
    All weights described in this final rule are in round weight.

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 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 (EFP) to each of 
the five Gulf states to allow each state to set the fishing season for 
private anglers landing in that state. The fishing season for the for-
hire component 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.

[[Page 6820]]

    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-F 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 management program must 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 harvest 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.

Management Measures Contained in This Final Rule

    This final rule delegates authority to each of the Gulf states to 
establish specific management measures applicable to private anglers in 
Gulf Federal waters who are landing red snapper in that state. This 
rule also allows Texas, Alabama, and Florida to request that NMFS close 
areas of Federal waters to the harvest and possession of red snapper by 
private anglers, consistent with the analysis provided in Amendment 
50A.

Recreational Components Included in State Management Programs

    Currently, the Council and NMFS specify all management measures for 
both the Federal private angling and for-hire components in Gulf 
Federal waters. This final rule delegates to each state the authority 
to establish specific management measures applicable to the private 
angling component only. The Council and NMFS will continue to specify 
all management measures applicable to the Federal for-hire component. 
The provision ending sector separation after the 2022 fishing year is 
removed, and separate ACLs will continue to be set for each 
recreational component indefinitely.
    NMFS notes that while Amendments 50A-F and this final rule apply to 
the recreational red snapper private angling component, a vessel with 
only state-issued for-hire permits, that fishes under a state's private 
angling component ACL, may not fish in Federal waters.

Delegation

    Each state will 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 will 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.
    Unless an area of Federal waters is closed to the harvest and 
possession of red snapper, NMFS expects that enforcement will primarily 
be conducted in state waters and dockside. However, under the 
delegation, private anglers will be required to comply with the fishing 
license or permit requirements of the state in which they intend to 
land the fish and may possess red snapper in Federal waters only if in 
compliance with that state's season, bag limit, minimum size limit, 
and, if applicable, maximum size limit.
    If NMFS determines that a state's red snapper private angling-
component 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 notice 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 50 
CFR 622.2. This final rule adds definitions of ``off Alabama,'' ``off 
Mississippi,'' and ``off Louisiana,'' so that each Gulf state will 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. This final rule apportions 
the private angling component ACL to each state. The allocation is 
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 is apportioned between Florida and Alabama, 
proportionally, based on their EFP allocation request. Therefore, this 
final rule establishes the apportionment of the private angling ACL to 
each Gulf state as follows: Alabama 26.298 percent (1,122,662 lb 
(509,231 kg)), Florida 44.822 percent (1,913,451 lb (867,927 kg)), 
Louisiana 19.120 percent (816,233 lb (370,237 kg)), Mississippi 3.550 
percent (151,550 lb (68,742 kg)), and Texas 6.210 percent (265,105 lb 
(120,250 kg)).
    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 (season, size limit, and bag limit) as described 
previously.

Post-Season ACL Adjustments

    The final rule establishes post-season accountability measures 
(AM). An overage adjustment, or payback provision, is an AM that 
reduces the following year's ACL by a specified amount. 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. If red snapper is overfished, the current AM 
requires NMFS to reduce the recreational sector ACL and ACT, and 
applicable

[[Page 6821]]

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. This final rule establishes 
additional 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 total private angling 
component ACL would also be reduced.

Area Closures

    This final rule will allow a Gulf state, consistent with the terms 
of an active delegation, to request that NMFS close all, or an area of, 
Federal waters 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 notice 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 by decreasing the catch rate. Florida would be able to request a 
closure of Federal waters off the west coast of the state, seaward of 
coordinates approximating the 20-fathom (36.6-m) depth contour or 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 coordinates 
approximating the 20-fathom (36.6-m) depth contour or 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 reducing the 
average size of fish landed. 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 notice 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.

Comments and Responses

    NMFS received a total of 31 comments on the notice of availability 
and proposed rule for Amendments 50A-F. Of these, 29 agreed with 
portions of, or the entirety of, the actions in Amendments 50A-F and 
the proposed rule and 2 were opposed to Amendments 50A-F. Comments 
specific to Amendments 50A-F and the proposed rule are grouped as 
appropriate and summarized below, followed by NMFS' specific response.
    Comment 1: Private recreational anglers will not be aware of the 
location of state boundaries that extend into Federal waters and could 
land fish in a state different than where they were caught. This could 
lead to overfishing.
    Response: The areas of Federal waters off Florida and off Texas are 
currently defined in 50 CFR 622.2, and this final rule adds definitions 
of ``off Alabama,'' ``off Mississippi,'' and ``off Louisiana,'' so that 
each Gulf state will have a defined Federal water boundary off that 
state. Regardless of where a red snapper is caught, it will be counted 
towards the ACL of the state in which it is landed. Thus, all red 
snapper caught by the private angling component will be accounted for 
under the state management programs. The combined ACLs of the Gulf 
states are equivalent to the current Federal ACL for private angling 
component. Therefore, NMFS does not expect overfishing to occur as a 
result of fishermen fishing in waters off a state other than the state 
in which the fish are landed.
    Comment 2: The AMs in Amendments 50A-F are inadequate to ensure the 
states stay within their respective ACLs, which could result in 
exceeding the recreational sector ACL and negatively affecting for-hire 
fishermen. If the total ACL is also exceeded this could negatively 
affect the red snapper commercial sector.
    Response: NMFS disagrees that the AMs established through 
Amendments 50A-F are inadequate to ensure that each state's landings 
are within the state ACL. Amendments 50B-F require each state to 
monitor landings by the private angling component and to prohibit 
further landings when the state's ACL is reached or projected to be 
reached. NMFS expects that each state's ability to constrain landings 
to its respective ACL will improve with experience, which will make 
this in-season AM more effective over time. Further, each state has an 
additional incentive to constrain landings to it's ACL because 
Amendments 50B-F establish state-specific post-season AMs. Regardless 
of stock status, if a state's private angling component landings 
exceeds its allocated ACL, then in the following year that state's 
private angling component 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.
    Comment 3: Amendments 50A-F and the proposed rule could lead to 
competition between states to allow private anglers to harvest more 
fish than neighboring states. This competition could result in 
overfishing of red snapper.
    Response: NMFS disagrees that giving each state the ability to 
establish specific management measures applicable to red snapper landed 
in that state will lead to overfishing. Each state must have a 
recreational bag limit and a minimum size limit between 14 to 18 inches 
(35.6 cm to 45.7 cm), TL, and may establish a maximum size limit. While 
this allows each state some management flexibility, that flexibility is 
limited in scope because each state is also allocated a portion of the 
total private recreational ACL and is required to monitor landings and 
prohibit harvest when its respective ACL has been met. If NMFS 
determines that a state's red snapper private angling-component 
regulations are inconsistent with the FMP and the state fails to 
correct the inconsistency after NMFS provides notice and an opportunity 
to do so, or a state does not specify the required management measures 
described in this final rule, then NMFS would suspend that state's 
delegation and the default management measures for the red snapper 
private angling component would then apply in the Federal waters off 
that state.
    Comment 4: States should improve the accuracy and completeness of 
private angling component landings data by adopting requirements 
similar to those used in the commercial sector, such as electronic 
reporting prior to landing and penalties for inaccurate reporting.
    Response: The Council did not consider requiring more stringent 
reporting requirements for the private angling component in Amendments 
50A-F. Each state is 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

[[Page 6822]]

component ACL is reached or projected to be reached. Each state has a 
program to monitor recreational red snapper landings and has the 
ability to enforce its reporting requirements.
    Comment 5: It is unclear how NMFS will assess whether the state 
ACLs and the overfishing limit have been exceeded because each state's 
ACL was calculated using MRIP-based landings, but each state is 
monitoring its landings using its own reporting system, and none of the 
state reporting systems are directly comparable to the ACL. Therefore, 
NMFS should implement state ACLs that are calibrated to each state's 
data collection program or reduce the states' ACLs by a buffer that 
accounts for uncertainty in the different programs. If NMFS fails to 
address this common currency issue before implementation of this final 
rule, then Amendments 50A-F and the final rule would be inconsistent 
with National Standard 1 regarding preventing overfishing while 
achieving optimum yield, and National Standard 2 regarding management 
measures being based upon the best scientific information available. 
Amendments 50A-F and final rule would also be inconsistent with several 
other provisions of the Magnuson-Stevens Act, such as the requirements 
to establish ACLs and AMs, have separate quotas for the commercial and 
recreational sectors, rebuild overfished stocks, and fairly and 
equitably allocate recovery benefits.
    Response: NMFS agrees that the state ACLs should be calibrated to 
each state's reporting system. The NMFS Office of Science & Technology 
is working with the Gulf states to develop a peer-reviewed calibration 
that is expected to be available in the spring of 2020. When the 
calibration is available, NMFS intends to apply it to the established 
state ACLs and implement catch levels in the appropriate state 
currencies through appropriate rulemaking. When implemented, each 
state's landings will be compared to its revised ACL to determine if 
there was an overage. As noted previously, this rule requires that each 
state payback any overage in a fishing year during the following 
fishing year. Because the rule adjusting the state ACLs may not be 
complete until late 2020, NMFS intends to inform each state of any 
anticipated change in its ACL as soon as possible to allow the states 
to set or modify their management measures, as appropriate. This will 
help ensure that the private angling ACL is not exceeded and 
overfishing of the red snapper stock does not occur in 2020. 
Implementing the calibrated ACLs in 2020 will also help ensure that 
this final rule is consistent the Magnuson-Stevens Act.
    Comment 6: The state ACL allocations should be based on biological 
factors such as habitat area and the number of fish in that area, not 
on the number of permit holders or the amount of fish caught in that 
state. Additionally, the allocation of the ACL among the states is not 
fair and equitable.
    Response: The Council considered several alternatives to allocate 
the private recreational ACL among the states. Some allocation 
alternatives were based on historical landings but others were based on 
spatial abundance of red snapper biomass in combination with a 
proportion of recreational trips. However, the Council selected the 
state ACL allocations based on the amounts requested by each state in 
its EFP application that were submitted for the 2018-2019 fishing 
seasons, which totaled 96.22 percent of the private-angling component 
ACL. The remaining 3.78 percent of the component ACL was allocated 
between Florida and Alabama proportionally based on their EFP requests 
because these two states had the shortest private angling fishing 
seasons under the EFPs. The Council determined, and NMFS agrees, that 
the allocation in the final rule is fair and equitable because Texas, 
Louisiana, and Mississippi were allocated enough to maintain their 
private angling fishing seasons under the EFPs, and Florida and Alabama 
are allocated slightly more than requested under the EFPs to provide 
the opportunity for those states to increase their private angling 
fishing season length.
    Comment 8: The impact of bycatch, including bycatch of juvenile red 
snapper by the Gulf shrimp fishery, should be considered in setting red 
snapper catch levels and state ACL allocations.
    Response: The Council did not consider adjusting the red snapper 
component or sector catch levels in Amendments 50A-F or adjusting the 
state ACL allocations based on the impacts of red snapper bycatch in 
another fishery. Bycatch of red snapper, including bycatch attributed 
to the Gulf shrimp fishery, is addressed in the red snapper stock 
assessment, which is used to set red snapper catch levels. The most 
recent stock assessment for red snapper that occurred in 2018 was used 
to set the current catch levels and was referenced in developing 
Amendments 50A-F. Future stock assessments will continue to incorporate 
information on red snapper bycatch and will be used to revise catch 
levels as appropriate.

Classification

    The Regional Administrator, Southeast Regional Office, NMFS has 
determined that this final rule is consistent with the applicable 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. This rule is not an E.O. 13771 
regulatory action because this rule is not significant under E.O. 
12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this rule would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis is not repeated here. No public comments 
were made related to the economic implications and potential impacts on 
small entities, and no changes to this final rule were made in response 
to public comments. As a result, a final regulatory flexibility 
analysis was not required and none was prepared.
    The Assistant Administrator for NMFS finds that there is good cause 
to waive the 30-day delay of this final rule's effectiveness, pursuant 
to the authority set forth in 5 U.S.C. 553(d)(3), as such procedure for 
this final rule would be contrary to the public interest.
    Delaying the effectiveness of this final rule would be contrary to 
the public interest because of the need to implement this action as 
soon as possible in 2020. The fishing year for Gulf red snapper began 
on January 1, 2020, and the Gulf states need to specify their private 
angling management measures, including the fishing season, for this 
fishing year. Some of the states may want to allow the private angling 
component to fish for red snapper before June 1, the date the Federal 
season would open in the absence of this rule. Delaying the 
implementation of this final rule will decrease the flexibility each 
Gulf state has to set its season, and the time each Gulf state has to 
implement its state-specific management measures. Allowing the maximum 
available time for the state seasons and for the state process to take 
place is in the public interest because it increases the expected 
benefits of this final rule with respect to recreational fishing 
opportunities.

[[Page 6823]]

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Gulf, Recreational, Red snapper.

    Dated: January 24, 2020.
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.  622.1, paragraph (d), Table 1, add footnote 10 to the entry 
for ``FMP for the Reef Fish Resources of the Gulf of Mexico'' to read 
as follows:


Sec.  622.1  Purpose and scope.

* * * * *
    (d) * * *

        Table 1 to Sec.   622.1--FMPs Implemented Under Part 622
------------------------------------------------------------------------
                               Responsible fishery
          FMP title                management         Geographical area
                                   council(s)
------------------------------------------------------------------------
 
                              * * * * * * *
FMP for the Reef Fish         GMFMC...............  Gulf.1 3 4 7 10
 Resources of the Gulf of
 Mexico.
 
                              * * * * * * *
------------------------------------------------------------------------
\1\ Regulated area includes adjoining state waters for purposes of data
  collection and quota monitoring.
 * * * * * * *
\3\ Regulated area includes adjoining state waters for Gulf red snapper
  harvested or possessed by a person aboard a vessel for which a Gulf
  red snapper IFQ vessel account has been established or possessed by a
  dealer with a Gulf IFQ dealer endorsement.
\4\ Regulated area includes adjoining state waters for Gulf groupers and
  tilefishes harvested or possessed by a person aboard a vessel for
  which an IFQ vessel account for Gulf groupers and tilefishes has been
  established or possessed by a dealer with a Gulf IFQ dealer
  endorsement.
 * * * * * * *
\7\ Hogfish are managed by the FMP in the Gulf EEZ except south of
  25[deg]09' N lat. off the west coast of Florida. Hogfish in the
  remainder of the Gulf EEZ south of 25[deg]09' N lat. off the west
  coast of Florida are managed under the FMP for the Snapper-Grouper
  Fishery of the South Atlantic Region.
 * * * * * * *
\10\ Certain provisions for the management of the private angling
  component of recreational red snapper in the Gulf EEZ have been
  delegated to the Gulf states, as specified in Sec.   622.23.


0
 3. In Sec.  622.2, remove the definition of ``Off Louisiana, 
Mississippi, and Alabama'' and add in alphabetical order definitions 
for ``Off Alabama'', ``Off Louisiana'', and ``Off Mississippi'' to read 
as follows:


Sec.  622.2  Definitions and acronyms.

* * * * *
    Off Alabama means the waters in the Gulf west of a rhumb line at 
87[deg]31.1' W long., which is a line directly south from the Alabama/
Florida boundary, to a rhumb line at 88[deg]23.1' W long., which is a 
line directly south from the Mississippi/Alabama boundary.
* * * * *
    Off Louisiana means the waters in the Gulf west of a rhumb line at 
89[deg]10.0' W long., which is a line extending directly south from 
South Pass Light, to a rhumb line beginning at 29[deg]32.1' N lat., 
93[deg]47.7' W long. and extending to 26[deg]11.4' N lat., 92[deg]53.0' 
W long., which line is an extension of the boundary between Louisiana 
and Texas.
    Off Mississippi means the waters in the Gulf west of a rhumb line 
at 88[deg]23.1' W long., which is a line directly south from the 
Mississippi/Alabama boundary, to a rhumb line at 89[deg]10.0' W long., 
which is a line extending directly south from South Pass Light.
* * * * *

0
4. In Sec.  622.3, add paragraph (f) to read as follows:


Sec.  622.3  Relation to other laws and regulations.

* * * * *
    (f) Alabama, Florida, Louisiana, Mississippi, and Texas are 
delegated the authority to specify certain management measures related 
to the harvest and possession of red snapper by the private angling 
component in the Gulf EEZ. See Sec.  622.23 for the Gulf recreational 
red snapper management measures that have been delegated.

0
 5. Section 622.23 is added to read as follows:


Sec.  622.23  State management of the red snapper recreational sector 
private angling component in the Gulf EEZ.

    (a) Delegation. Alabama, Florida, Louisiana, Mississippi, and Texas 
(Gulf states) are delegated the authority to manage certain aspects of 
recreational red snapper harvest by the private angling component in 
the Gulf EEZ (i.e., delegation). All other management measures for 
recreational red snapper in the Gulf EEZ not specified in this section 
continue to apply during state management.
    (1) Delegation of authority. As described in the FMP for the Reef 
Fish Resources of the Gulf of Mexico, each Gulf state must specify the 
red snapper private angling component fishing season start and end 
dates to maintain harvest levels within the state's ACL, as stated in 
paragraph (a)(1)(ii) of this section. Each state must also specify a 
recreational bag limit and a minimum size limit within the range of 14 
to 18 inches (35.6 cm to 45.7 cm), total length. Each state may specify 
a maximum size limit. If NMFS determines that a state's red snapper 
private angling component 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 set forth above, i.e., fishing season start and end 
dates, a recreational bag limit, and a minimum size limit, then NMFS 
will publish a notice in the Federal Register stating that the default 
management measures for the red snapper private angling component, as 
described in paragraph (a)(2) of this section, apply in the EEZ off 
that state.

[[Page 6824]]

    (i) State management areas. For purposes of the delegation of the 
authority to establish certain management measures for the red snapper 
private angling component, five areas in the Gulf EEZ have been 
established; one off each of the five Gulf states: Alabama, Florida, 
Louisiana, Mississippi, and Texas. The boundaries off each state are 
described in Sec.  622.2.
    (ii) State private angling component ACLs. All ACLs specified below 
are in round weight.
    (A) Alabama regional management area--1,122,662 lb (509,231 kg).
    (B) Florida regional management area--1,913,451 lb (867,927 kg).
    (C) Louisiana regional management area--816,233 lb (370,237 kg).
    (D) Mississippi regional management area--151,550 lb (68,742 kg).
    (E) Texas regional management area--265,105 lb (120,250 kg).
    (2) Default management measures. If a state's delegation is 
suspended, the Federal management measures for the private angling 
season, recreational bag limit, and minimum size limit as described in 
Sec. Sec.  622.34(b) (seasonal closure), 622.37(a)(1) (size limit), 
622.38(b)(3) (bag limit), and 622.41(q)(2)(i) (season length) apply in 
the EEZ off that state. All other management measures not specified in 
this section remain in effect.
    (b) Post-season ACL adjustments for states with an active 
delegation. If a state's red snapper private angling component landings 
exceed the applicable state's component ACL specified in paragraph 
(a)(1)(ii) of this section, the AA will file a notification with the 
Office of the Federal Register, at or near the beginning of the 
following fishing year, reducing that state's private angling ACL 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.
    (c) Area closures. As described in the FMP, for the red snapper 
private angling component, a state with an active delegation may 
request that NMFS establish an area closure in the EEZ off that state 
that prohibits the private angling component from harvesting or 
possessing red snapper. If NMFS determines that the request is within 
the scope of the analysis in the FMP, NMFS will publish a notice in the 
Federal Register to implement the requested closure for the fishing 
year.

0
6. In Sec.  622.34, revise paragraph (b) to read as follows:


Sec.  622.34  Seasonal and area closures designed to protect Gulf reef 
fish.

* * * * *
    (b) Seasonal closure of the recreational sector for red snapper. 
The recreational sector for red snapper in or from the Gulf EEZ is 
closed from January 1 through May 31, each year. During the closure, 
the bag and possession limit for red snapper in or from the Gulf EEZ is 
zero. See Sec.  622.23(a)(1) regarding the fishing season for states 
with an active delegation of state management of the red snapper 
private angling component. A person subject to the private angling 
component bag limit under an active delegation of state management must 
be in compliance with the fishing license (permit) requirements of the 
state in which they intend to land the fish and may not possess red 
snapper in the Gulf EEZ when that state season is closed.
* * * * *

0
 7. In Sec.  622.37, revise paragraph (a)(1) to read as follows:


Sec.  622.37  Size limits.

* * * * *
    (a) * * *
    (1) Red snapper--16 inches (40.6 cm), TL, for a fish taken by a 
person subject to the bag limit specified in Sec.  622.38(b)(3) and 13 
inches (33.0 cm), TL, for a fish taken by a person not subject to the 
bag limit. See Sec.  622.23(a)(1) regarding the minimum size limit for 
states with an active delegation of state management of the red snapper 
private angling component. A person subject to the private angling 
component bag limit under an active delegation of state management must 
be in compliance with the fishing license (permit) requirements of the 
state in which they intend to land the fish and may not possess red 
snapper in the Gulf EEZ that are smaller than may be possessed in that 
state. Additionally, fish taken by persons subject to the private 
angling component bag limit under state management may not be less than 
14 inches (35.6 cm), TL, in the Gulf EEZ.
* * * * *

0
 8. In Sec.  622.38, revise paragraph (b)(3) to read as follows:


Sec.  622.38  Bag and possession limits.

* * * * *
    (b) * * *
    (3) Red snapper--2. However, no red snapper may be retained by the 
captain or crew of a vessel operating as a charter vessel or headboat. 
The bag limit for such captain and crew is zero. See Sec.  622.23(a)(1) 
regarding the bag limit applicability for states with an active 
delegation of state management of the red snapper private angling 
component. A person subject to the private angling component bag limit 
under an active delegation of state management must be in compliance 
with the fishing license (permit) requirements of the state in which 
they intend to land the fish and may not possess more red snapper in 
the Gulf EEZ than may be possessed in that state.
* * * * *

0
9. In Sec.  622.39, revise paragraphs (a)(2)(i)(B) and (C) to read as 
follows:


Sec.  622.39  Quotas.

* * * * *
    (a) * * *
    (2) * * *
    (i) * * *
    (B) Federal charter vessel/headboat component quota. The Federal 
charter vessel/headboat component quota applies to vessels that have 
been issued a valid Federal charter vessel/headboat permit for Gulf 
reef fish any time during the fishing year. A person aboard a vessel 
that has been issued a charter vessel/headboat permit for Gulf reef 
fish any time during the fishing year may not harvest or possess red 
snapper in or from the Gulf EEZ when the Federal charter vessel/
headboat component is closed. The Federal charter vessel/headboat 
component quota is 3.130 million lb (1.420 million kg), round weight.
    (C) Private angling component quota. The private angling component 
quota applies to vessels that fish under the bag limit and have not 
been issued a Federal charter vessel/headboat permit for Gulf reef fish 
any time during the fishing year. The private angling component quota 
is 4.269 million lb (1.936 million kg), round weight.
* * * * *

0
10. In Sec.  622.41, add a sentence to the end of paragraph (q)(2)(i) 
and revise paragraph (q)(2)(iii) to read as follows:


Sec.  622.41  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (q) * * *
    (2) * * *
    (i) * * * See Sec.  622.23 (a)(1) regarding the fishing season for 
the private angling component for states with an active delegation.
* * * * *
    (iii) Recreational ACTs.
    (A) [Reserved]
    (B) Federal charter vessel/headboat component ACT. The Federal 
charter vessel/headboat component ACT applies to vessels that have been 
issued a valid Federal charter vessel/headboat permit for Gulf reef 
fish any time during the fishing year. A person aboard a

[[Page 6825]]

vessel that has been issued a charter vessel/headboat permit for Gulf 
reef fish any time during the fishing year may not harvest or possess 
red snapper in or from the Gulf EEZ when the Federal charter vessel/
headboat component is closed. For the 2019 fishing year, the component 
ACT is 2.848 million lb (1.292 million kg), round weight. For the 2020 
and subsequent fishing years, the component ACT is 2.504 million lb 
(1.136 million lb), round weight.
    (C) Private angling component ACT. The private angling component 
ACT applies to vessels that fish under the bag limit and have not been 
issued a Federal charter vessel/headboat permit for Gulf reef fish any 
time during the fishing year. The component ACT is 3.415 million lb 
(1.549 million kg), round weight.

[FR Doc. 2020-01653 Filed 2-5-20; 8:45 am]
BILLING CODE 3510-22-P