[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Rules and Regulations]
[Pages 9684-9687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02699]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 200204-0046]
RIN 0648-BJ28


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management 
Measures

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 a framework action to the Fishery Management Plan (FMP) 
for the Reef Fish Resources of the Gulf of Mexico (Gulf), as prepared 
by the Gulf of Mexico Fishery Management Council (Council). This final 
rule modifies the red snapper Federal charter vessel/headboat (for-
hire) component's annual catch target (ACT) for the 2020 and subsequent 
fishing years. The purpose of this final rule and the framework action 
is to allow for greater harvest of red snapper by the Federal for-hire 
component while continuing to constrain landings to the Federal for-
hire component and total recreational annual catch limits (ACL).

DATES: This final rule is effective March 23, 2020.

ADDRESSES: Electronic copies of the framework action, which includes an 
environmental assessment (EA), a regulatory impact review, and a 
Regulatory Flexibility Act (RFA) analysis may be obtained from the 
Southeast Regional Office website at https://www.fisheries.noaa.gov/action/framework-action-fishery-management-plan-reef-fish-resources-gulf-mexico-modification.

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

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery under the FMP. The FMP, which includes red snapper, was 
prepared by the Council and is implemented by NMFS through regulations 
at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act)(16 U.S.C. 1801 
et seq.).

[[Page 9685]]

    On November 12, 2019, NMFS published a proposed rule for the 
framework action and requested public comment (84 FR 61003). The 
proposed rule and the framework action outline the rationale for the 
actions contained in this final rule. A summary of the management 
measures described in the framework actions and implemented by this 
final rule is described below.
    All weights described in this final rule are in round (whole) 
weight.

Background

    The current red snapper stock ACL is equal to the acceptable 
biological catch (ABC) of 13.74 million lb (6.23 million kg); 51 
percent is allocated to the commercial sector and 49 percent to the 
recreational sector. The recreational sector's ACL is further divided 
into the private angling component (57.7 percent) and Federal for-hire 
component (42.3 percent). In addition, ACTs are in place for the 
recreational sector and its respective components. The ACT is a level 
of catch reduced from the ACL to account for management uncertainty. 
The separate recreational component ACLs and ACTs were implemented in 
2015 and were set to expire in 2022 (81 FR 86971, December 2, 2016). 
However, Amendments 50A-F to the FMP continue the separation of the 
private angling and Federal for-hire components. These amendments were 
approved on November 6 and the final rule for Amendments 50 A-F was 
effective on February 6, 2020 (85 FR 6819, February 6, 2020).
    The regulations require NMFS to project the component fishing 
seasons based on the respective ACTs. The ACTs were implemented to 
reduce the likelihood of exceeding the private angling or Federal for-
hire component ACLs, as well as the total recreational ACL. The 
commercial sector does not have an ACT because it is managed under an 
individual fishing quota program that effectively constrains landings 
to the commercial ACL.
    Because the Federal for-hire component has not exceeded its ACL 
since the components were separated, the Council developed a framework 
action in 2018 to reduce the 20 percent buffer between the Federal for-
hire component ACL and ACT for 2019 only (84 FR 7828, March 5, 2019). 
The 2018 framework action set the Federal for-hire component ACT 9 
percent less than the component ACL. This buffer was based on the 
application of the Council's ACL/ACT Control Rule, which recommends a 
buffer based on factors such as recent harvest overages, the percent 
standard error in Federal for-hire landing estimates, stock status, and 
whether in-season accountability measures (AMs) are used.
    The reduction in the Federal for-hire component's ACL/ACT buffer 
was effective only for 2019 to coincide with the second year of 
temporary changes to the management of the private angling component. 
All five Gulf states received exempted fishing permits (EFPs) from NMFS 
for the 2018 and 2019 fishing years to allow them to test limited state 
management of the private angling component. Each state was allocated a 
percentage of the private angling ACL and each state determined whether 
to manage to a reduced portion of its ACL. The Council determined that 
the reduction in the Federal for-hire component ACT buffer should be 
limited to 2019 because of the increased risk of the recreational 
sector ACL being exceeded after the EFPs are no longer in effect. Under 
the EFPs, any overages by the private-angling component are deducted 
from the subsequent year's state ACL.
    In the current framework action, the Council did not consider 
decreasing the private angling component ACT buffer because the Council 
had already submitted to NMFS for review Amendments 50A-F to the FMP. 
These amendments delegate 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, 
including the length of the fishing season. Similar to the EFPs, these 
amendments allocate a percentage of the private angling ACL, each state 
determines whether to manage to a reduced portion of its ACL, and any 
overage of the state's ACL would be deducted from that state's ACL the 
following fishing year. Given the changes in private recreational 
component management established in Amendments 50A-F, the Council 
determined that it is appropriate to keep the 9 percent Federal for-
hire ACL/ACT buffer beyond 2019.

Management Measures Contained in This Final Rule

    For red snapper, this final rule sets the Federal for-hire 
component ACL/ACT buffer at 9 percent below the component ACL which 
results in a Federal for-hire component ACT of 2.848 million lb (1.292 
million kg). The 9 percent buffer results in a component ACT that is 
344,000 lb (156,036 kg) greater than the ACT using the previous 20 
percent buffer. NMFS expects this increase in the ACT to result in a 
Federal for-hire season that is approximately 7 to 8 days longer in 
2020 than if the lower ACT were used to project the season.

Comments and Responses

    NMFS received 43 comments on the proposed rule for the framework 
action from individuals, charter fishing organizations, and non-
governmental organizations. Most of the comments (26 comments) were in 
favor of reducing the Federal for-hire component buffer between the ACL 
and ACT, noting that the for-hire component will increase its 
accountability with improved data collection, there will be economic 
benefits from a longer Federal for-hire season, and the Gulf states 
will be managing the private angling component through Amendments 50A-F 
to the FMP. Thirteen comments opposed reducing the buffer between the 
ACL and ACT and four comments did not address the proposed action. In 
addition, several comments included suggested changes to red snapper 
management that are outside the scope of the proposed rule, such as 
changes to recreational bag limits and fishing seasons, reallocation of 
the red snapper total allowable catch, and state management of the 
Federal for-hire component. Comments specific to the proposed rule and 
the framework action are grouped as appropriate and summarized below, 
each followed by NMFS' respective response.
    Comment 1: The Federal for-hire component ACT should not be 
increased to help ensure that red snapper landings do not exceed the 
recreational ACL and that there is no delay in the recovery of the 
stock.
    Response: NMFS disagrees that keeping the lower Federal for-hire 
component ACT is necessary to ensure landings do not exceed the 
recreational ACL and the red snapper stock continues to rebuild on 
schedule. An ACT is a level of catch set below an ACL to account for 
management uncertainty. Through an emergency rule in 2014, NMFS 
implemented a recreational ACT for red snapper that is 20 percent below 
the recreational ACL, and used that ACT to determine the length of the 
recreational fishing season (79 FR 27768, May 15, 2014). A framework 
action implemented in 2015 made this ACT more permanent (80 FR 14328, 
March 19, 2015). When the Federal for-hire component and private 
angling components were separated in 2015, the recreational ACL was 
allocated between the components, with corresponding ACTs set 20 
percent below the component ACLs (80 FR 22422, April 22, 2015). Using 
this lower level of catch to estimate the season length

[[Page 9686]]

reduces the likelihood the ACL will be exceeded in a given year.
    NMFS has been successful in constraining Federal for-hire component 
landings below the component ACL. With the exception of 2018, the 
Federal for-hire component has not exceeded its ACT. In 2018, Federal 
for-hire landings were above the ACT, but still 13 percent below the 
component ACL. In 2019, NMFS reduced the buffer between the Federal 
for-hire component ACL and ACT to 9 percent and set a Federal for-hire 
component season from June 1 through August 1 (84 FR 7828; March 5, 
2019). Preliminary landing estimates for 2019 show only 91 percent of 
the component ACT and 83 percent of the component ACL have been 
harvested through August 31, 2019.
    Further, as previously explained, through Amendment 50 to the FMP, 
each Gulf state is now setting its private angling season, is required 
to constrain landings to the state ACL, and must pay back any overage 
of its ACL the following the fishing year. There have been concerns 
about how NMFS will assess whether the state ACLs and the overfishing 
limit (OFL) have been exceeded because each state's ACL was calculated 
using landings from the Marine Recreational Information Program, but 
each state is monitoring its landings using its own reporting system, 
which may result in estimates that are not directly comparable to the 
ACL. NMFS 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 
state ACLs established in the final rule implementing Amendments 50A-F, 
and implement catch levels in the appropriate state currencies. This 
will help ensure that total red snapper landings do not exceed that 
overfishing limit and that the red snapper stock continues to rebuild 
as anticipated.
    Comment 2: The Federal for-hire component should not have a longer 
fishing season than the private angling component.
    Response: NMFS disagrees that the Federal for-hire component season 
should be constrained by the length of the private angling season. The 
Council and NMFS separated the recreational sector into the private 
angling and Federal for-hire components, in part, to allow for the 
development and implementation of management measures better tailored 
to the specific needs of the separate components. Through EFPs in 2018 
and 2019, and now through Amendments 50A-F to the FMP, the Gulf states 
are setting the season for the private angling component. These state 
seasons may be longer or shorter than the Federal for-hire component 
season depending on the management strategy implemented by each state.
    Comment 3: The buffer between the for-hire component ACL and ACT 
should be based on biological factors and not by the amount of fish 
that are harvested.
    Response: Biological factors were taken into account when 
establishing the recreational sector and component ACLs and ACTs. The 9 
percent buffer between the ACL and ACT for the Federal for-hire 
component was derived from the Council's ACL/ACT Control Rule. This 
control rule uses factors such as stock status, recent harvest 
overages, the percent standard error in Federal for-hire landing 
estimates, and whether in-season AMs are in place. Biological factors 
such as age and size at maturity as well as the size composition of the 
stock are accounted for in stock assessments, which dictate the stock 
status. In addition, stock assessments are the basis for setting red 
snapper ABCs and OFLs upon which the sector and component ACLs and ACTs 
are based.
    Comment 4: Before reducing the buffer between the Federal for-hire 
component ACL and ACT, other actions, NMFS should take into account the 
effects of other actions on the red snapper stock, such as state 
management of the private angling component and the potential decrease 
in juvenile red snapper target bycatch reduction goal from shrimp 
trawls.
    Response: The framework action implemented through this final rule 
includes an EA, in which the effects of the action, including 
cumulative effects, are analyzed. In the cumulative effects analysis, 
NMFS identified several reasonably foreseeable Gulf reef fish actions, 
including state management of the private angling component, and 
concluded that these actions in combination with the reduction of 
buffer between the Federal for-hire component ACL and ACT, and other 
past or present actions are unlikely to result in significant impacts. 
NMFS did not include in that analysis any anticipated impacts from the 
implementation of Amendment 18 to the FMP for the Shrimp Fishery of the 
Gulf of Mexico U.S. Waters (Shrimp Amendment 18). Shrimp Amendment 18 
was approved on October 25, 2019, and, when implemented, will reduce 
the target reduction goal for juvenile red snapper mortality in the 
Federal Gulf penaeid shrimp trawl fishery, which may allow for an 
increase in shrimp trawl effort. Analyses in that amendment indicate 
that lowering the target reduction goal should have no impact on red 
snapper rebuilding. NMFS has prepared an addendum to the cumulative 
effects analysis in the EA for this framework action to include Shrimp 
Amendment 18, and has determined that impacts from the current 
framework action in combination with any impacts from the 
implementation of Shrimp Amendment 18 as well as other past actions, 
present actions, and reasonably foreseeable future actions described in 
the EA, are not expected to be significant.

Classification

    The Regional Administrator, Southeast Region, has determined that 
this final rule is consistent with the framework action, 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. In addition, no new reporting, record-keeping, or 
other compliance requirements are introduced by this final rule.
    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 adverse economic impact on a substantial number of 
small entities. The factual basis for this determination was published 
in the proposed rule and is not repeated here. None of the public 
comments that were received specifically addressed the certification 
and NMFS has not received any new information that would affect its 
determination that this rule would not have a significant economic 
impact on a substantial number of small entities. As a result, a final 
regulatory flexibility analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Gulf, Recreational, Red snapper.

    Dated: February 6, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

[[Page 9687]]

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.  622.41, revise paragraph (q)(2)(iii)(B) to read as follows:


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

* * * * *
    (q) * * *
    (2) * * *
    (iii) * * *
    (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 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 component ACT is 2.848 million lb (1.292 million kg), 
round weight.
* * * * *
[FR Doc. 2020-02699 Filed 2-19-20; 8:45 am]
BILLING CODE 3510-22-P