[Federal Register Volume 87, Number 93 (Friday, May 13, 2022)]
[Rules and Regulations]
[Pages 29236-29237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10390]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 200124-0029; RTID 0648-XB978]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; 2022 Red Snapper Private 
Angling Component Accountability Measure in Federal Waters Off 
Louisiana and Florida

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule, accountability measure.

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SUMMARY: Through this temporary rule, NMFS implements accountability 
measures (AMs) for the red snapper recreational sector private angling 
component in the Gulf of Mexico (Gulf) off Louisiana and Florida for 
the 2022 fishing year. Based on information provided by the Louisiana 
Department of Wildlife and Fisheries (LDWF) and Florida Fish and 
Wildlife Conservation Commission (FWC), NMFS has determined that the 
2021 regional management area private angling component annual catch 
limits (ACL) for Gulf red snapper were exceeded for both Louisiana and 
Florida. Therefore, NMFS reduces the 2022 private angling component 
ACLs of Gulf red snapper for both the Louisiana and Florida regional 
management areas. This reduction will remain in effect through the 
remainder of the current fishing year on December 31, 2022, and is 
necessary to protect the Gulf red snapper resource.

DATES: This temporary rule is effective from 12:01 a.m., local time, on 
May 13, 2022, until 12:01 a.m., local time, on January 1, 2023.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes 
red snapper, is managed under the Fishery Management Plan for the Reef 
Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared by the 
Gulf of Mexico Fishery Management Council and is implemented by NMFS 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) through regulations at 50 CFR 
part 622. All red snapper weights discussed in this temporary rule are 
in round weight.
    In 2015, Amendment 40 to the FMP established two components within 
the recreational sector fishing for red snapper: The private angling 
component, and the Federal charter vessel and headboat (for-hire) 
component (80 FR 22422, April 22, 2015). In 2020, NMFS implemented 
Amendments 50 A-F to the FMP, which delegated authority to the Gulf 
states (Louisiana, Mississippi, Alabama, Florida, and Texas) to 
establish specific management measures for the harvest of red snapper 
in Federal waters of the Gulf by the private angling component of the 
recreational sector (85 FR 6819, February 6, 2020). These amendments 
allocate a portion of the private angling ACL to each state, and each 
state is required to constrain landings to its allocation as part of 
state management.
    As described at 50 CFR 622.39(a)(2)(i), the Gulf red snapper 
recreational sector quota (ACL) is 7.399 million lb (3.356 million kg) 
and the recreational private angling component quota (ACL) is 4.269 
million lb (1.936 million kg). The Louisiana regional management area 
private angling component ACL is 816,233 lb (370,237 kg) (50 CFR 
622.23(a)(1)(ii)(C)) and the Florida regional management area private 
angling component ACL is 1,913,451 lb (867,927 kg) (50 CFR 
622.23(a)(1)(ii)(B)). Regulations at 50 CFR 622.23(b) require that if a 
state's red snapper private angling component landings exceed the 
applicable state's component ACL, then in the following fishing year, 
that state's private angling ACL will be reduced by the amount of that 
ACL overage in the prior fishing year.
    Based on data provided by the LDFW, NMFS has determined that 
landings of red snapper off Louisiana for the private angling 
component, which includes landings for state charter vessels, in 2021 
were 823,151 lb (373,375 kg); which is 6,918 lb (3,138 kg) greater than 
2021 Louisiana allocation of the private angling component ACL. Based 
on data provided by the FWC, NMFS has determined that landings of red 
snapper off Florida for the private angling component, which includes 
landings for state charter vessels, in 2021 were 2,169,739 lb (984,177 
kg); which is 256,288 lb (116,250 kg) greater than 2021 Florida 
allocation of the private angling component ACL. Accordingly, for the 
2022 fishing year, this temporary rule reduces the Louisiana regional 
management area private angling component ACL for Gulf red snapper by 
the ACL overage amount of 6,918 lb (3,138 kg), which results in a 
revised 2022 private angling ACL for Louisiana of 809,315 lb (367,099 
kg). This temporary rule also reduces the Florida regional management 
area private angling component ACL for Gulf red snapper by the ACL 
overage amount of 256,288 lb (116,250 kg), which results in

[[Page 29237]]

a revised 2022 private angling ACL for Florida of 1,657,163 lb (751,676 
kg).
    Additionally, as a result of the adjusted Louisiana and Florida 
ACLs, the total private angling component quota and the total 
recreational quota, will also be reduced in the Gulf for 2022. The 
private angling component quota will reduce from 4,269,000 lb 
(1,936,000 kg) to 4,005,794 lb (1,816,998 kg) and the total 
recreational quota will reduce from 7,399,000 lb (3,356,000 kg) to 
7,135,794 lb (3,236,742 kg). The recreational private angling component 
ACLs for other Gulf state management areas (Alabama, Mississippi, and 
Texas) for 2022 are unaffected by this notice. The reduction in the 
2022 red snapper private angling component ACLs for the Louisiana and 
Florida regional management areas are effective at 12:01 a.m., local 
time, on May 13, 2022, and will remain in effect through the end of the 
fishing year on December 31, 2022.
    The LDWF and FWC are responsible for ensuring that 2022 private 
angling component landings in each applicable state's regional 
management area do not exceed the adjusted 2022 Louisiana and Florida 
ACLs. NMFS notes that after the LDWF and FWC identified that ACL 
overages had occurred in 2021, they adjusted their respective 2022 red 
snapper private angling fishing seasons to account for the reduction in 
the ACLs as required by the regulations at 50 CFR 622.23(b) and 
implemented through this temporary rule.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required under 50 CFR 622.23(b) which was 
issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is 
exempt from review under Executive Order 12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility Act because the temporary rule is issued without 
opportunity for prior notice and comment.
    This action is based on the best scientific information available. 
The Assistant Administrator for NOAA Fisheries (AA) finds that the need 
to implement this action to reduce the private angling component ACLs 
for the Louisiana and Florida regional management areas constitutes 
good cause to waive the requirements to provide prior notice and 
opportunity for public comment on this temporary rule pursuant to the 
authority set forth in 5 U.S.C. 553(b)(B), because such procedures are 
contrary to the public interest. Such procedures are unnecessary 
because the rule implementing the post-season ACL adjustment authority 
has already been subject to notice and comment, and all that remains is 
to notify the public of the ACL overage adjustment. Such procedures are 
contrary to the public interest because a failure to implement the ACL 
overage adjustments immediately may result in confusion among the 
public about what ACL is in effect for Louisiana and Florida for the 
2022 fishing year.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of the action under 5 
U.S.C. 553(d)(3).

    Authority: 16 U.S.C. 1801 et seq.

    Dated: May 10, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-10390 Filed 5-12-22; 8:45 am]
BILLING CODE 3510-22-P