[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Rules and Regulations]
[Pages 74014-74021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26019]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 221122-0247]
RIN 0648-BL02


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Data Calibrations 
and Harvest Levels

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues regulations to implement management measures 
described in two framework actions under the Fishery Management Plan 
for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by 
the Gulf of Mexico (Gulf) Fishery Management Council (Council). This 
final rule modifies the state-specific red snapper private angling 
components annual catch limits (ACLs) to reflect each state's 
monitoring program. In addition, this final rule modifies commercial 
and recreational sector and recreational component red snapper ACLs and 
annual catch targets (ACTs) in the Gulf exclusive economic zone (EEZ). 
The purpose of this final rule is to calibrate Gulf red snapper state 
private angling component ACLs to reduce the likelihood of overfishing, 
to increase the Gulf red snapper ACLs and ACTs consistent with the best 
scientific information available, and to continue to achieve optimum 
yield (OY) for the stock.

DATES: This final rule is effective January 1, 2023.

ADDRESSES: Electronic copies of the framework actions, which include 
environmental assessments, regulatory impact reviews, and Regulatory 
Flexibility Act (RFA) analyses, may be obtained from the Southeast 
Regional Office website at https://www.fisheries.noaa.gov/action/red-snapper-data-calibrations-and-catch-limit-modifications.

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

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes 
red snapper, is managed under the FMP. The FMP 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-Steven Act).
    On June 28, 2022, NMFS published a proposed rule for the framework 
actions and requested public comment (87 FR 38366). The proposed rule 
and the framework actions 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.
    Unless otherwise noted, all weights in this final rule are in round 
weight.
    This final rule implements management measures for both the Gulf of 
Mexico Red Snapper Recreational Data Calibration and Recreational Catch 
Limits Framework Action (Calibration Framework) and the Modification of 
Annual Catch Limits for Gulf of Mexico Red Snapper Framework Action 
(Catch Limits Framework). Briefly, the Calibration Framework modifies 
the state-specific red snapper private angling component ACLs using the 
calibration ratios developed by NMFS' Office of Science and Technology 
(OST) and the Gulf states. The Catch Limits Framework increases the red 
snapper overfishing limit (OFL), acceptable biological catch (ABC), 
ACLs, and ACTs consistent with the red snapper interim analyses and 
recommendations from the Council's Scientific and Statistical Committee 
(SSC). These two framework actions are combined in this single final 
rule because both actions adjust the red snapper catch limits.

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and to achieve, on a 
continuing basis, the OY from federally managed fish stocks to ensure 
that fishery resources are managed for the greatest overall benefit to 
the nation, particularly with respect to providing food production and 
recreational opportunities, and protecting marine ecosystems.
    Red snapper in the Gulf EEZ is harvested by both the commercial and 
recreational sectors. Each sector has its own ACL and associated 
management measures. The stock ACL is allocated 51 percent to the 
commercial sector and 49 percent to the recreational sector. The stock 
ACL for red snapper is equal to the ABC. The recreational ACL (quota) 
is divided between the Federal for-hire component (42.3 percent), which 
includes operators of federally permitted charter vessels and headboats 
(for-hire vessels), and the private

[[Page 74015]]

angling component (57.7 percent), which includes private anglers.
    In February 2020, NMFS implemented state management of red snapper 
for the private angling component through Amendments 50 A-F to the FMP 
(85 FR 6819, February 6, 2020). Under state management, each state was 
allocated a portion of the red snapper private angling component ACL 
and was delegated the authority to set the private angling fishing 
season, bag limit, and size limit. These amendments also established an 
accountability measure that required any overage of a state's ACL to be 
deducted in the following year (i.e., a payback provision).

The Calibration Framework

    The Calibration Framework describes in detail the various data 
collection programs used to estimate red snapper landings by private 
anglers. Until recently (2014), NMFS provided the only estimates of 
private angler red snapper landings in all of the Gulf states, except 
Texas. Texas anglers have never participated in the NMFS recreational 
data collection survey. In 2014, Alabama and Louisiana, and in 2015, 
Florida and Mississippi, implemented state data collection programs to 
collect this private angler information. Each of these programs is 
unique and NMFS has observed differences (sometimes substantial) 
between Federal estimates of recreational catch and each state's own 
estimate. Specifically, the Alabama and Mississippi surveys tend to 
generate much lower landings estimates than the Federal survey.
    The current red snapper catch limits (OFL, ABC, ACLs, and ACTs) are 
based, in part, on private-angling landings estimated using the Federal 
data collection system, and NMFS uses the estimates from the Federal 
survey to determine whether landings exceed the total recreational ACL 
(quota) and the stock OFL. However, each Gulf state manages the harvest 
by its private anglers using estimates from its own state data 
collection program. The Federal Marine Recreational Information Program 
(MRIP) based catch limits for Florida, Alabama, Mississippi, and 
Louisiana are not directly comparable to the landings estimates 
generated by each of those states, and the state estimates are not 
directly comparable to each other. In other words, each state is 
estimating landings in a different ``currency.'' Therefore, the NMFS 
OST worked with the Gulf States to develop calibration ratios so that 
each state's catch limit could be converted from the Federal 
``currency'' to the currency in which each state monitors landings.
    The current systems each state uses to manage private angling 
harvest have resulted in exceeding the total recreational ACL (quota) 
and the OFL. In 2018 and 2019, the private angling component ACL and 
recreational ACL were exceeded even though the Federal for-hire 
component landings did not exceed the for-hire component ACL. In 2019, 
total red snapper landings exceeded the OFL.
    To address this issue, the Council developed the Calibration 
Framework and selected as preferred the alternative that uses the 
calibration ratios to adjust each state's ACL into the currency in 
which that state monitors landings. These ratios are: Alabama (0.4875); 
Florida (1.0602); Louisiana (1.06); Mississippi (0.3840); Texas (1.00). 
The MRIP-based ACLs are multiplied by the ratios to determine the state 
currency ACLs. The preferred alternative also included an 
implementation date of January 1, 2023. The Council concluded that this 
delay in implementation would afford the Gulf states and the NMFS OST 
an opportunity to resolve the differences in state-specific data 
collection programs and MRIP-Fishing Effort Survey (FES) (e.g., scale 
and precision of catch estimates), as recommended by both the Council's 
SSC (during discussion at several SSC meetings) and a 2021 National 
Academy of Sciences report to Congress.
    In February 2022, NMFS OST and the Gulf states participated in a 
workshop on the transition to the use of state survey catch data in 
Gulf fisheries. The purpose of the workshop was to agree on the 
elements of a transition plan for the Gulf state recreation fishing 
surveys. The transition plan was published in August 2022, and can be 
found at https://media.fisheries.noaa.gov/2022-10/Gulf%20Transition%20Plan%20Final.pdf.

The Catch Limits Framework

    In 2019, NMFS implemented a framework action that set the current 
red snapper catch limits (85 FR 6819, February 6, 2020). These catch 
limits are based on most recent Gulf red snapper Southeast Data, 
Assessment, and Review stock assessment (SEDAR 52), completed in 2018, 
and the Council's SSC recommendations. The current red snapper stock 
OFL is 15.5 million lb (7.0 million kg), the stock ABC and stock ACL 
are 15.1 million lb (6.8 million kg). The commercial ACL is 7.701 
million lb (3.493 million kg), and the recreational ACL is 7.399 
million lb (3.356 million kg). The Federal for-hire component ACL is 
3.130 million lb (1.420 million kg) and the private angling component 
ACL is 4.269 million lb (1.936 million kg). The Federal for-hire 
component ACT is 2.848 million lb (1.292 million kg) and the private 
angling component ACT is 3.415 million lb (1.5498 million kg). The 
commercial sector does not have a sector ACT because it is managed 
under an individual fishing quota (IFQ) program that effectively 
constrains landings to the commercial ACL. The 2019 framework also set 
the Federal for-hire component ACT at 9 percent below its ACL. The for-
hire component ACT is in place to reduce the likelihood of exceeding 
the for-hire ACL, as well as the total recreational ACL. A private 
angling component ACT is set 20 percent below the private angling ACL, 
but would only be used if a Gulf state did not have an active 
delegation under the red snapper state management program.
    In 2016, Congress awarded funding to researchers in an effort to 
independently estimate the population size of red snapper in the Gulf. 
Commonly known as the ``Great Red Snapper Count'' (GRSC), this 
project's primary goal was to provide a snapshot of estimate abundance 
and distribution of age 2 and older red snapper on artificial, natural, 
and uncharacterized bottom habitat across the northern Gulf through 
2019. At its April 2021 meeting, the Council was briefed on the 
preliminary results of the GRSC. The GRSC estimated the abundance of 
red snapper in the Northern Gulf was approximately three times greater 
than had been estimated in the previous stock assessment (SEDAR 52).
    The Southeast Fisheries Science Center (SEFSC) worked 
collaboratively with the GRSC investigators to develop a method that 
could be used to integrate the results of the GRSC into catch limit 
advice that is currently based on SEDAR 52. The SEFSC developed catch 
projections using GRSC estimates of abundance to scale projections that 
initially used abundance estimates from SEDAR 52. The SEFSC also 
developed catch level projections based on an interim analysis using 
information from the NMFS Bottom Longline (BLL) survey from 2000 
through 2020, which was similar to the approach previously used for 
Gulf red grouper and gray triggerfish projections. The NMFS BLL survey 
is an annual survey that can be used to determine long-term trends in 
the abundance of a stock.
    The SSC reviewed both sets of projections at its March 30-April 2, 
2021, meeting. The SSC expressed some concerns about using the GRSC 
findings to recommend catch levels. Specifically,

[[Page 74016]]

the SSC noted the uncertainty associated with the GRSC biomass 
estimate, questions about the productivity of the red snapper stock 
that are raised by the GRSC findings (that the productivity of the 
stock appears to be lower than previously assumed), and the declining 
trend observed recently in the NMFS BLL survey. Based on these 
concerns, and until additional information could be presented related 
to the SSC's questions about some aspects of the GRSC, the SSC 
determined that it was appropriate to use the GRSC based interim 
analysis to recommend the OFL, which would be used determine if 
overfishing is occurring, but not to use the GRSC to recommend the ABC, 
which constrains the total allowable catch that may be specified by the 
Council.
    For the OFL recommendation, the SSC decided to use the projection 
based on the abundance of all red snapper over structure (artificial 
reef, natural reef, and pipeline) and 13 percent of the abundance from 
the unclassified bottom, and used a 3-year average of the maximum 
sustainable yield proxy for Gulf red snapper (the mortality 
corresponding to a 26 percent reduction in the spawning potential ratio 
from an unfished condition). This OFL for Gulf red snapper is 25.6 
million lb (11.6 million kg). With respect to the ABC, the SSC 
determined that 2020 BLL survey data should not be used for this 
interim analysis because of the low sample size and high coefficient of 
variation for those data that were likely the result of the COVID-19 
pandemic, and recommended that the catch advice be derived from the 5-
year average. Based on these selections, the Council's SSC provided an 
ABC recommendation for Gulf red snapper of 15.4 million lb (7.0 million 
kg). This recommendation reflects the SSC's determination that the ABC 
should be considerably more conservative than the OFL, at least until 
the SSC questions related to the GRSC are more thoroughly explored.
    The SSC has reviewed new information related the GRSC on several 
occasions, including at its March 2022 meeting. At that same meeting, 
the SEFSC presented an analysis that used the updated GRSC information, 
and the SSC made new catch level recommendations based on this new 
analysis. These new recommendations decrease the OFL to 18.91 million 
lb (8.58 million kg) and increase the ABC to 16.31 million lb (7.40 
million kg). In August 2022, the Council finalized a new framework 
action to adjust the red snapper catch limits consistent with these 
recommendations. In October 2022, the Council submitted the new 
framework action and proposed regulations to NMFS for review.
    The Council approved both the Data Calibration Framework Action and 
the Catch Limits Framework Action at its April 2021 meeting. However, 
NMFS expressed concern about the Council's proposal to delay 
implementation of the Calibration Framework until 2023, and requested 
that the Council reconsider that implementation timing. The Council 
discussed the request at its August 2021 meeting but did not make any 
changes to the implementation date of the preferred alternative.

Management Measures Contained in This Final Rule

    This final rule modifies the state-specific red snapper private 
angling component ACLs using the calibration ratios adopted by the 
Council, and increases the red snapper ACLs and ACTs consistent with 
the red snapper interim analyses and the subsequent SSC 
recommendations. The calibrations are necessary to convert the state 
private angling component ACLs into the same currency in which each 
state monitors landings by the private angling component. This will 
reduce the likelihood of exceeding the red snapper private angling 
component ACL, the total recreational ACL, and the OFL.

ACLs and ACTs

    This final rule increases the Gulf red snapper catch limits. The 
stock ACL will increase from 15,100,000 lb (6,800,000 kg) to 15,400,000 
lb (7,000,000 million kg). The commercial ACL (commercial quota) will 
increase from 7,701,000 lb (3,493,000 kg) to 7,854,000 lb (3,562,514 
kg), and the recreational ACL (recreational quota) will increase from 
7,399,000 lb (3,356,000 kg) to 7,546,000 lb (3,422,808 kg). The for-
hire component recreational ACL will increase from 3,130,000 lb 
(1,420,000 kg) to 3,191,958 lb (1,447,848 kg). The private angling 
component recreational ACL will increase from 4,269,000 lb (1,936,000 
kg) to 4,354,042 lb (1,974,960 kg). In addition, the private angling 
recreational ACT will increase from 3,415,000 lb (1,549,000 million kg 
kg) to 3,483,234 lb (1,579,968 kg).
    For the Federal for-hire component, the Council chose to maintain 
the current buffer between the ACL and ACT at 9 percent to minimize the 
risk of ACL overages. Therefore, as a result, the for-hire component 
ACT will increase from 2,848,000 lb (1,292,000 kg) to 2,904,682 lb 
(1,317,542 kg).
    Because of the increased recreational private angling component ACL 
in this final rule, each Gulf state will be initially allocated an 
increase in their specific state private angling component ACL. 
Alabama's ACL will increase from 1,122,662 lb (509,231 kg) to 1,145,026 
lb (519,375 kg); Florida's ACL will increase from 1,913,451 lb (867,927 
kg) to 1,951,569 lb (885,217 kg); Louisiana's ACL will increase from 
816,233 lb (370,237 kg) to 832,493 lb (377,612 kg); Mississippi's ACL 
will increase from 151,550 lb (68,742 kg) to 154,568 lb (70,110 kg); 
and Texas's ACL will increase from 265,105 lb (120,250 kg) to 270,386 
lb (122,645 kg). The above changes to individual state catch limits are 
based on the Catch Limits Framework. These are not the final catch 
limits that will be implemented through this final rule and they are 
not included in the codified text in this rule because the calibration 
ratios need to be applied as described in the following paragraph.
    Each Gulf state's private angling component ACL denoted in the 
prior paragraph was modified by applying the calibration ratios adopted 
by the Council. The final private angling component ACLs followed by 
the Federal equivalent are as follows: the Alabama private angling 
component ACL will be 558,200 lb (253,195 kg) or Federal equivalent of 
1,145,026 lb (519,375 kg); the Florida private angling component ACL 
will be 2,069,053 lb (938,507 kg) or Federal equivalent of 1,951,569 lb 
(885,217 kg); the Louisiana private angling component ACL will be 
882,443 lb (400,269 kg) or Federal equivalent of 832,493 lb (337,612 
kg); the Mississippi private angling component ACL will be 59,354 lb 
(26,923 kg) or Federal equivalent of 154,568 lb (70,111 kg); and the 
Texas private angling component ACL (equal to Federal) will be 270,386 
lb (122,645 kg). Each state will use its reporting system to monitoring 
landings and appropriately constrain harvest to its ACL. NMFS will 
convert the state landings estimates to the Federal currency to 
determine whether landings have been constrained to the private angling 
ACL, total recreational ACL (quota) and OFL. This is necessary because 
the private angling ACL, total recreational ACL (quota) and OFL will 
remain in the Federal currency.

Minority Report

    A minority report signed by three Council members raised objections 
to the Council's decision to approve the Calibration Framework with an 
implementation date of January 1, 2023, included in the preferred 
alternative. These Council members were concerned that delaying 
implementation until 2023 would allow 2 additional fishing years

[[Page 74017]]

(2021 and 2022) where the private angling component of the recreational 
sector would be allowed to catch more than its allocation of red 
snapper. The minority report is available at the website: https://gulfcouncil.org/wp-content/uploads/Council-Minority-Report-FINAL-Signatures.pdf.

Comments and Responses

    NMFS received 39 comments on the proposed rule, including one 
comment that contained signed letters as part of a petition. The 
petition, which is in favor of the Calibration Framework, had 7,351 
individual signatures. In general, commercial fishermen and 
environmental non-government organizations supported the calibration 
action. Overall, 16 comments were received in support of the 
Calibration Framework (including the petitioners above) and 16 were 
opposed. Two commenters supported the calibration action but did not 
support the catch limit increase. Several additional comments were 
received on topics that are outside the scope of the proposed rule and 
framework actions. These included comments addressing state management 
issues, allocation decisions and the suggestion that the Council 
initiate an allocation review for red snapper, issues about the red 
snapper commercial fishery, recreational bag limit changes, the 
composition of the Gulf Council, and recreational discard accounting.
    Comments specific to the framework actions and the proposed rule 
are grouped as appropriate and summarized below, each followed by NMFS' 
respective response.
    Comment 1: NMFS should implement the calibration ratios as proposed 
without further delay as recommended in the Council's minority report. 
The lack of calibration has masked large recreational overharvests. The 
private angling component of the recreational sector exceeded its quota 
from 2018-2021 by a total of more than 4.1 million lb (1.9 million kg), 
resulting in the overall recreational sector exceeding its quota by 
more than 2 million lb (0.9 million kg) over the same time period. 
Those quota overages have not been paid back as required. Calibration 
to a ``common currency'' is necessary to comply with the Magnuson-
Stevens Act.
    Response: NMFS agrees that red snapper calibration ratios are 
needed and they will be implemented along with the catch limit 
increases through this final rule. These changes will be effective 
January 1, 2023. It is unlikely that the rule could be made effective 
for the 2022 fishing year. Further, the Gulf States set their 2022 
management measures based on the ACLs that have been in effect since 
the beginning of the year. Applying the calibration ratios and 
adjusting those ACLs at the end of the year does not provide the 
opportunity for the states to adjust their management strategies.
    NMFS has been forthcoming about the different estimates produced by 
the Gulf State surveys and MRIP, and recognizes that the lack of the 
calibrated state ACLs has allowed the combined catch from the Gulf 
States to exceed the private angling component ACL. NMFS expects the 
calibrated state ACLS implemented through this final rule to help 
constrain harvest to the Federal catch limits established in Amendments 
50A-F and increased through this final rule, and reduce the likelihood 
of exceeding the total recreational ACL and the OFL.
    With respect to the payback of prior overages, this requirement was 
adopted to encourage each state to adopt management measures that 
constrain harvest to the state ACL. When state reported landings have 
exceeded the codified state ACLs, NMFS has implemented paybacks to 
address the overages for: Texas in 2020 and 2021 (for overages of their 
ACL in 2019 and 2020), Louisiana in 2020 and 2022 (overages in 2019 and 
2021), and Florida in 2022 (overage in 2021). NMFS has not implemented 
paybacks for Mississippi or Alabama because landings estimates provided 
by these states have not exceeded their codified ACLs. The calibrated 
state ACLs implemented through this final rule will allow NMFS to 
directly compare each state's landings estimate to its ACL and 
implement any necessary payback.
    Comment 2: The MRIP data are flawed and the calibration ratios 
should not be considered best scientific information available for that 
reason. Additionally, NMFS is not using the best scientific information 
available to set catch limits as described in the Catch Limits 
Framework because the SSC provided the Council with new OFL and ABC 
recommendations.
    Response: NMFS has determined that both the calibration ratios and 
catch limit modifications as described in the framework actions and 
this final rule are based on the best scientific information available 
as required by National Standard 2 of the Magnuson-Stevens Act. The 
Federal surveys have been heavily tested, scrutinized, and reviewed, 
and NMFS remains committed to continue improving both state and Federal 
survey methods, all of which are subject to sampling and non-sampling 
errors (measurement, coverage, and non-response). MRIP uses 
standardized designs across states, which ensures comparability of 
estimates. Conversely, due to the differing designs by the Gulf States, 
it is not possible to directly compare the estimates derived from the 
state surveys to each other or to the estimates produced by MRIP. The 
state ACLs were derived, in part, based on private-angling landings 
estimated using MRIP. Applying the state specific calibration ratio to 
each state's MRIP-based ACL will allow each state's landings estimate 
to be compared directly that state's ACL.
    The calibration ratios were developed in partnership with experts 
from the Gulf States and reviewed by a team of independent experts and 
the Gulf Council's SSC. The catch limit increase is based on interim 
analyses conducted by the SEFSC and the recommendation of the SSC. The 
SEFSC has since conducted a new interim analysis and the SSC has made 
new catch level recommendations, which the Council adopted in a 
subsequent framework action. NMFS is reviewing the proposed regulations 
associated with the new framework action and will publish a proposed 
rule to implement those regulations if NMFS determines that they are 
consistent with the FMP, the Magnuson-Stevens Act, and other applicable 
law.
    Comment 3: Alabama and Mississippi have better programs in place to 
estimate red snapper recreational catch than MRIP, and NMFS does a poor 
job of tracking red snapper recreational catch. For example, the 
Mississippi ``Tails n' Scales'' recreational reporting program, when 
compared to MRIP, has a greater response rate, is more accurate, has a 
lower standard error, has less fluctuations of harvest estimates across 
years, and is more consistent across seasons and years. Alabama and 
Mississippi's catch reporting programs suggest the rest of the Gulf 
States are actually overestimating red snapper recreational catch.
    Response: NMFS agrees that the Alabama and Mississippi surveys tend 
to generate much lower landings estimates than the Federal survey, and 
that the Alabama Snapper Check and the Mississippi Tails n' Scales 
programs are designed to produce more precise and timely estimates of 
catch. However, because the state ACLs were derived using Federal 
estimates of recreational catch, calibrations are needed to convert the 
state ACLs to the same scale that each state uses to monitor landings. 
Stated differently, because the Alabama and Mississippi surveys produce 
lower estimates of landings than the survey used to set those state's 
ACLs, anglers from Alabama and Mississippi have been allowed to land 
more red snapper

[[Page 74018]]

than contemplated by the Council when developing Amendments 50A-F.
    In addition, the fact that the Alabama and Mississippi surveys 
result in lower estimates than MRIP does not necessarily mean that the 
other states are overestimating landings. It is difficult to know which 
surveys provide the best estimates of catch. Different statistical 
sampling designs can produce different estimates due to variations in 
sampling frames and non-sampling error such as coverage error, 
nonresponse error, and measurement error. It is not unusual for 
established surveys to produce very different estimates for the same 
population parameter. NMFS explained the different state surveys, 
including key survey design assumptions and potential for bias in the 
2019 publication, ``Recommended Use of the Current Gulf of Mexico 
Surveys of Marine Recreational Fishing in Stock Assessments,'' 
available at https://media.fisheries.noaa.gov/dam-migration/94100569.pdf. The Transition Plan for Gulf State Recreational Fishing 
Surveys includes a research track to identify and quantify non-sampling 
errors in survey designs of all participating partner programs and may 
lead to design improvements in those assessments to reduce non-sampling 
errors and the magnitude of differences in catch estimates among the 
unique data programs.
    Comment 4: While calibration is necessary, MRIP should not be used 
for estimating recreational landings in the Gulf because it was not 
designed to generate estimates on a smaller geographic scale (e.g., the 
44 miles (71 km) of Mississippi coastline) and for shorter periods of 
time. Therefore, this rule is arbitrary and capricious because it 
relies on flawed data to cut Mississippi's recreational red snapper 
private angling allowable harvest by 60 percent.
    Response: NMFS disagrees that MRIP should not be used to estimate 
recreational landings in the Gulf. Until 2014, MRIP, and its 
predecessor the Marine Recreational Fisheries Statistics Survey 
(MRFSS), were the only surveys available to estimate private angler red 
snapper landings in all of the Gulf States, except Texas. MRIP remains 
the only survey available to estimate private angler landings of many 
other federal managed species. For example, reporting to the 
Mississippi Tails n' Scales program is only required for recreational 
anglers fishing for red snapper, although anglers are also asked to 
report data on gray triggerfish and greater amberjack. NMFS has 
determined that the calibrations implemented through this final rule 
are not arbitrary and capricious. For the reasons explained previously, 
the calibrations are necessary to allow each state's landings estimates 
to be directly compared to its ACL.
    Comment 5: Many states do not use the Federal survey to estimate 
recreational landings. States with more resources, such as California, 
Oregon, and Washington, transitioned away from the Federal survey 
without undergoing calibration. In the Gulf, Texas never participated 
in the Federal survey program and is allowed simply to continue using 
its state data to comply with Amendment 50, and Louisiana stopped 
participating in MRIP in 2016. This does not seem fair to the other 
Gulf States.
    Response: California, Oregon, and Washington discontinued the 
Federal survey in 2004 prior to the first National Academy of Sciences 
review and the establishment of MRIP. At that time, Oregon and 
Washington had been conducting their own surveys for a number of years 
and were using MRFSS estimates to supplement those surveys. Further, 
NMFS did not have policies and procedures related to certification of 
new recreational catch and effort survey designs. California, Oregon, 
and Washington receive Federal funding through MRIP to support the 
state-conducted surveys and are currently going through MRIP 
certification reviews, consistent with NMFS Procedure 04-114-02 found 
at https://media.fisheries.noaa.gov/2021-06/04-114-02_06.28.2021_Howell%20signed.pdf?null. A requirement of certification 
is a transition plan, which will identify if there is a need for 
calibration.
    With respect to the Gulf States, all of the states who participate 
in MRIP are being treated similarly with respect to calibrating their 
state specific red snapper ACLs. Texas has never participated in the 
Federal survey to estimate catch, using the Texas Coastal Creel Survey 
for more than 40 years. Because the implementation of Amendments 50A-F 
did not change the way in which Texas landings are monitored, no 
calibration of the Texas ACL is necessary. Only Louisiana ceased to 
conduct the Federal surveys since MRIP was established in 2008. But 
Louisiana continues to receive funding from MRIP and to participate on 
MRIP teams, and this final rule applies the appropriate calibration 
ratio to Louisiana's red snapper ACL.
    Comment 6: NMFS should proceed with caution and perform further 
analysis before moving forward with the catch limit increases. The 
proposed increase in ACLs and ACTs are coming at a time when a large 
number of data sources are indicating that the stock is experiencing a 
decline in abundance and localized depletion.
    Response: NMFS understands there are concerns about the status of 
the stock, and localized depletion in particular. However, NMFS does 
not agree that it is appropriate to delay the increase in the catch 
limits, which is based on new information from the GRSC and the NMFS 
BLL survey, and the recommendations of the Council's SSC. A new stock 
assessment for Gulf red snapper is underway and expected to be complete 
in 2024. The new assessment includes a research track component that is 
used to build a robust assessment tool and an operational component 
that provide analyses to support management advice with up-to-date 
data. NMFS expects the results of this new assessment to provide more 
information about the status of the red snapper stock, including 
whether there has been a decline in abundance. After the assessment is 
complete, it will be reviewed by the SSC and the Council will consider 
any appropriate changes to the catch limits or other management 
measures.
    Comment 7: The two states most disadvantaged by this final rule, 
Mississippi and Alabama, have the lowest per capita income among the 
Gulf States and this should have been taken into account in developing 
the calibrations.
    Response: NMFS does not have per capita or household income data 
for anglers that target or catch red snapper, in particular, and 
therefore cannot determine whether anglers in Mississippi and Alabama 
affected by this final rule are more disadvantaged than those in other 
Gulf States. NMFS does not believe that it would have been appropriate 
to consider this type of information in developing the calibrations, 
which are designed to allow a direct comparison between each state's 
estimated private angling red snapper landings and that state's private 
angling component ACL. To achieve that goal, the calibrations are based 
on how the catch estimates by the states compared to the Federal catch 
estimates, and did not differentiate between the states based on any 
other factors.
    Comment 8: NMFS did not use appropriate methods to calibrate MRIP 
recreational data to state data. NMFS used the Fay-Herriot model to 
calibrate MRIP-CHTS data to MRIP-FES, and should have used a similar 
model to calibrate the state data to MRIP data. Instead, NMFS decided 
to use a simple linear calibration.

[[Page 74019]]

    Response: NMFS disagrees that it was inappropriate to use a linear 
calibration to adjust the state ACLs to be comparable with the method 
each state uses to estimate landings. The Fay-Herriot model used for 
the CHTS to FES calibration was specifically developed for that purpose 
and cannot be applied as designed to provide calibrations among the 
various survey designs that states in the Gulf employ. Given the 
limited data available and need to develop the calibrations in a timely 
manner, NMFS and the Gulf states agreed that the simple ratio-based 
approach should be used until it could be updated or replaced when 
additional data become available.
    Comment 9: The calibration for Mississippi should have included 
2020 data rather than only 2018 and 2019 data. NMFS has informally 
suggested that 2020 MRIP data should not be considered because 
pandemic-related disruptions resulted in some missing data. However, 
NMFS used imputation, a statistically valid method which replaces 
missing data with substituted values, to compensate for the missing 
data, which created a usable landings estimates. Moreover, the percent 
standard error for 2020 data is consistent with other years, suggesting 
the data should be included. Inclusion of 2020 data for Mississippi 
would have been statistically more robust, and would have resulted in 
an increase in Mississippi's quota.
    Response: NMFS disagrees that 2020 data should be used to revise 
the calibration ratio for Mississippi in this final rule. This data was 
not available when the calibration ratios were developed during the 
2020 workshop or when the Council approved the Calibration Framework in 
April 2021. Any changes to the calibration ratios should be made 
through the Council process. In June 2022, the Council directed its SSC 
to review the calibration ratios using more recent state survey data 
and provide recommendations prior to the January 2023 Council meeting. 
NMFS is working with the Gulf states to update the calibration ratios, 
as appropriate, for review by the SSC at its January 2023 meeting. The 
Council can act to make any appropriate changes to the calibration 
ratios after the SSC presents its recommendations.
    Comment 10: The Council's SSC recognized the shortcoming of the 
calibration and realized that Mississippi was being treated unfairly. 
In the minutes from the Council's SSC meeting of August 11-12, 2020, it 
states ``The SSC recognized that the difference in methodology by the 
state and Federal surveys should be explored further, as to not 
penalize a state when the difference after calibration greatly reduce 
the state's quota.'' This is exactly what was done with Mississippi. 
The Council's SSC minutes also state ``the SSC also agreed that scaling 
a state's data to MRIP-FES is not the same as calibrating those data, 
and that scaling to MRIPFES is tantamount to using the MRIP-FES data.'' 
Thus, the Council's SSC agreed that the Calibration Framework 
improperly dismissed nearly comprehensive data from the Mississippi 
Tails n' Scales program in favor of management using less appropriate 
MRIP-FES data.
    Response: NMFS agrees that the Council's SSC has recognized 
shortcomings with the calibration ratios but does not agree that the 
SSC concluded that Mississippi was being treated unfairly or that the 
Calibration Framework improperly dismissed the Mississippi data. The 
SSC determined the methods used to generate conversion ratios between 
Gulf state surveys and MRIP data were appropriate for quota monitoring 
of the red snapper state specific ACLs. Those methods were developed in 
partnership with the Gulf states, including Mississippi, and with the 
input of independent statistical consultants.
    Comment 11: Nearly 2 years ago, Congress appropriated $2 million 
for NMFS to work on the calibration issue, and the issue still has not 
been adequately addressed. Calibration was delayed to 2023 to find more 
effective ways to incorporate state data, but no changes were made to 
the calibration ratios. NMFS is ignoring explicit instructions from 
Congress to make no regulatory changes until it is determined which 
data estimation system (MRIP or state) is best.
    Response: NMFS is not ignoring explicit instructions from Congress. 
Regardless of which surveys are determined to be ``best,'' the current 
state ACLs were developed using MRIP estimates while the state surveys 
monitor harvest using different methods. The Mississippi and Alabama 
surveys produce significantly lower estimates of catch, and ignoring 
those differences has resulted in the private angling component 
exceeding its ACL and could result in overfishing of red snapper. 
Therefore, NMFS is implementing the calibration ratios consistent with 
the requirements of the Magnuson-Stevens Act. NMFS recognized the need 
to calibrate the state ACLs to each state's reporting system in the 
final rule implementing state management of red snapper. The 
calibration ratios were adopted by the Gulf Council after a fully 
transparent process that included thorough Council and SSC 
deliberation, coordination with the Gulf States, peer review, and 
extensive opportunity for public comment. Appropriations from Congress 
were used to work with the Gulf States to review the state and Federal 
surveys, look at possible improvements, identify how to make those 
improvements, and complete a review of an updated calibration 
methodology. In February 2022, NMFS, its state partners, and a team of 
independent experts participated in a workshop to make the decisions 
necessary to develop a multi-year transition plan to support the use of 
Gulf state recreational fishing data in Federal stock assessments and 
management decisions. This plan includes two parallel paths, a 
transition path and a research path, with both short and long-term 
priorities. In the short-term, the transition path will make immediate 
progress on interim calibration of historical catch estimates using 
currently available data and ratio-based calibration methods. Long-
term, as progress is made on the research path, the transition path 
will convene an independent review of model-based calibration 
procedures. This transition plan can be found at https://media.fisheries.noaa.gov/2022-10/Gulf%20Transition%20Plan%20Final.pdf.
    NMFS acknowledges that when using MRIP that the general surveys may 
not meet some regional needs. To help meet those needs, regional 
implementation teams were established for MRIP to focus on the 
development of regional implementation plans in which data collection 
needs are described. Further, a goal of the development of state-
specific surveys was to address the need for more timely and precise 
catch estimates to support short-season fisheries. NMFS has supported 
the testing and implementation of these surveys and continues to do so. 
Part of the transition plan for the Gulf surveys is focused on research 
needs to identify sources of non-sampling error so that improvements 
can be made to the surveys to better position them for an independent 
review of calibration methods and make recommendations on calibration.
    Comment 12: This final rule is not based on accurate science and 
ignores the Magnuson-Stevens Act's explicit instruction to achieve OY 
because NMFS and the Council are ignoring the GRSC in developing the 
proposed ACLs. Specifically, the GRSC found that there are 
approximately three times more fish than was previously thought. Before 
the

[[Page 74020]]

GRSC, the stock ACL was set 3 percent below the OFL. Now that NMFS 
knows there are three times more fish than previously thought, the 
proposed stock ACL is set 40 percent below the OFL and was based on 
data from the non-targeted NMFS BLL sampling instead of the superior 
GRSC.
    Response: NMFS disagrees that the catch limits implemented through 
this final rule are inconsistent with the requirements of the Magnuson-
Sevens Act by ignoring the results of the GRSC. The stock ACL is equal 
to the ABC and the buffer between the OFL and ABC is intended to 
account for scientific uncertainty. The SEFSC developed catch 
projections using GRSC estimates of abundance to scale projections that 
initially used abundance estimates from the most recent stock 
assessment (SEDAR 52). The SEFSC also developed catch level projections 
based on an interim analysis that used information from the NMFS BLL 
survey, which was similar to the approach previously used for Gulf red 
grouper and gray triggerfish projections. The BLL survey is 
specifically designed to collect data for indices of abundance for 
snappers (including red snapper), groupers, and other species. The 
Council's SSC reviewed both sets of projections at its March 30 to 
April 2, 2021, meeting and determined that it was appropriate to use 
the GRSC-based interim analysis to specify the OFL at 25.6 million lb 
(11.6 million kg). Despite the groundbreaking advances of the GRSC, the 
Council's SSC identified some limitations and caveats of the study that 
they concluded warranted further investigation and consideration when 
determining the applicability of this information to inform catch level 
recommendations. Thus, the Council's SSC did not make an ABC 
recommendation based on the GRSC-informed interim analysis, but instead 
used the BLL interim analysis and provided an ABC recommendation of 
15.4 million lb (7.0 million kg). As explained in response to Comment 
2, NMFS is currently reviewing proposed regulations submitted by the 
Council that would decrease the OFL but increase the ABC. These 
proposed regulations are based on new SSC recommendations after 
reviewing updated GRSC information, and would set the stock ACL 14 
percent below the OFL.
    Comment 13: NMFS has already certified the state recreational data 
collection programs, including those in Mississippi and Alabama, so why 
is calibration required for those states.
    Response: Through the MRIP peer review process, NMFS has certified 
various state survey designs as statistically valid with some critical 
assumptions. However, different certified survey designs, with 
different critical assumptions, can produce consistently different 
catch estimates. The calibrations are necessary to reconcile 
differences between two sets of estimates and allow for a direct 
comparison between each state's ACL and the landings estimates produced 
by that state's survey.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with the framework actions, the FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the legal 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. This 
final rule contains no information collection requirements under the 
Paperwork Reduction Act of 1995. A description of this final rule, why 
it is being considered, and the purposes of this final rule are 
contained in the preamble and in the SUMMARY section of 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 action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 622

    Annual catch limits, Fisheries, Fishing, Gulf, Red snapper, Reef 
fish, Quota.

    Dated: November 22, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
622 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.  622.23, revise paragraph (a)(1)(ii) to read as follows:


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

    (a) * * *
    (1) * * *
    (ii) State private angling component ACLs. All ACLs specified below 
are in round weight and are consistent with monitoring under the 
respective state's reporting system. Equivalent ACLs, consistent with 
monitoring under the Federal reporting system, are provided, as 
applicable. If a state's delegation is suspended, as described in 
paragraph (a)(1) of this section, the Federal equivalent ACL, or for 
the Texas regional management area the ACL in paragraph (a)(1)(ii)(E) 
of this section, applies in the EEZ off that state.
    (A) Alabama regional management area--558,200 lb (253,195 kg); 
Federal equivalent--1,145,026 lb (519,375 kg).
    (B) Florida regional management area--2,069,053 lb (938,507 kg); 
Federal equivalent--1,951,569 lb (885,217 kg).
    (C) Louisiana regional management area--882,443 lb (400,269 kg); 
Federal equivalent--832,493 lb (337,612 kg).
    (D) Mississippi regional management area--59,354 lb (26,923 kg); 
Federal equivalent--154,568 lb (70,111 kg).
    (E) Texas regional management area--270,386 lb (122,645 kg).
* * * * *

0
3. In Sec.  622.39, revise paragraphs (a)(1)(i) and (a)(2)(i) to read 
as follows:


Sec.  622.39  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (i) Commercial quota for red snapper--7,854,000 lb (3,562,514 kg), 
round weight.
* * * * *
    (2) * * *
    (i) Recreational quota for red snapper--(A) Total recreational. The 
total recreational quota is 7,546,000 lb (3,422,808 kg), round weight.
    (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

[[Page 74021]]

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 3,191,958 lb 
(1,447,848 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 4,354,042 lb (1,974,960 kg), round weight.
* * * * *

0
4. In Sec.  622.41, revise the last sentence in paragraphs 
(q)(2)(iii)(B) and (q)(2)(iii)(C) to read as follows:


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

* * * * *
    (q) * * *
    (2) * * *
    (iii) * * *
    (B) * * * The component ACT is 2,904,682 lb (1,317,542 kg), round 
weight.
    (C) * * * The component ACT is 3,483,234 lb (1,579,968 kg), round 
weight.

[FR Doc. 2022-26019 Filed 12-1-22; 8:45 am]
BILLING CODE 3510-22-P