[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Proposed Rules]
[Pages 74588-74591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26484]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 221130-0256]
RIN 0648-BL29


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

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

[[Page 74589]]


ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in a 
framework action under the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of 
Mexico Fishery Management Council (Council). If implemented, this 
proposed rule would increase catch levels for vermilion snapper in the 
Gulf of Mexico (Gulf). The purpose of this proposed rule is to prevent 
overfishing of Gulf vermilion snapper and to achieve optimum yield 
(OY).

DATES: Written comments must be received on or before January 5, 2023.

ADDRESSES: You may submit comments on the amendment identified by 
``NOAA-NMFS-2022-0099'' by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter ``NOAA-NMFS-2022-0099'', in the Search box. Click the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Mail: Submit written comments to Rich Malinowski, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Electronic copies of the framework action, which includes an 
environmental assessment, a fishery impact statement, a Regulatory 
Flexibility Act (RFA) analysis, and a regulatory impact review, may be 
obtained from the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/modification-gulf-mexico-vermilion-snapper-overfishing-limit-acceptable-biological-catch-and?check_logged_in=1.

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

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery, which includes vermilion 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).

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the OY from federally managed fish stocks. These mandates are 
intended to ensure 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.
    All weights described in this proposed rule are in round weight.
    In 2012, the Generic Annual Catch Limits and Accountability 
Measures Amendment (76 FR 82044, December 29, 2011) for the Gulf 
established catch limits for vermilion snapper including the 
overfishing limit (OFL), acceptable biological catch (ABC), and annual 
catch limit (ACL). Amendment 47 to the FMP (83 FR 22210, May 14, 2018) 
specified the proxy for maximum sustainable yield (MSY) as the yield 
when fishing at a mortality rate corresponding to 30 percent spawning 
potential ratio (F30% SPR) and decreased the vermilion 
snapper OFL, ABC, and ACL based on the results of the 2016 Southeast 
Data Assessment Review (SEDAR) stock assessment (SEDAR 45), and the 
recommendations of the Council's Scientific and Statistical Committee 
(SSC). The SSC recommended a declining OFL derived from fishing at the 
MSY proxy. The OFL for 2021 and beyond specified in Amendment 47 is 
3,490,000 lb (1,583,037 kg). The SSC also provided two recommendations 
for ABC: one derived from fishing at 75% of the MSY proxy, which 
declined from 2017 through 2021, and one derived using the average of 
the 2017-2021 ABCs, which resulted in a constant ABC. The Council chose 
to adopt the constant catch ABC of 3,110,000 lb (1,410,672 kg), and set 
the ACL equal to the ABC. Vermilion snapper annual landings have been 
less than this ACL since the implementation of the stock ACL in 2012, 
with the exception of 2018 when it was exceeded by 3 percent.
    In 2020, a new assessment (SEDAR 67) was completed for vermilion 
snapper using data through the 2017 fishing year. The SEDAR 67 results 
indicate the stock is not overfished and not experiencing overfishing. 
SEDAR 67 included new data sources, including historical recreational 
catch and effort data adjusted to be consistent with the Marine 
Recreational Information Program (MRIP) Fishing Effort Survey (FES). 
MRIP transitioned from the legacy Coastal Household Telephone Survey 
(CHTS) to the new FES mail survey. The FES was launched in 2015, and 
replaced the CHTS in 2018. Both survey methods collect data needed to 
estimate marine recreational fishing effort by private anglers on the 
Atlantic and Gulf coasts. The CHTS used random-digit dialing of homes 
in coastal counties to contact fishermen. The new mail-based FES uses 
fishing license and registration information as one way to identify and 
contact fishermen (supplemented with data from the U.S. Postal 
Service). MRIP-FES landings estimates are generally greater than those 
generated by MRIP-CHTS and NMFS developed a calibration model to allow 
estimates produced by either survey to be adjusted to be consistent 
with the estimates produced by the other survey.
    To determine how inclusion of FES-adjusted landings estimates in 
SEDAR 67 impacted the catch projections for vermilion snapper, the 
previously accepted assessment model used in SEDAR 45 was updated using 
the FES data. The same 5-year (2017-2021) average used to set the 
current ABC was applied to the revised SEDAR 45 projections. This 
resulted in an FES-based OFL estimate of 6,760,000 lb (3,066,284 kg), 
which is almost double the current OFL of 3,580,000 lb (1,623,861 kg). 
Thus, using FES landings estimates in the SEDAR 45 model indicates that 
the OFL would have been much higher had the FES data been available at 
the time the previous assessment was completed.
    The SSC reviewed SEDAR 67, agreed that vermilion snapper is not 
overfished or undergoing overfishing, and reviewed the SEDAR 67 
projections. Due to the uncertainty in the SEDAR 67 assessment and 
recent recruitment, the SSC determined that the catch levels should be 
based on the average of the projections from 2021-2025, and recommended 
an increase in the OFL to 8,600,000 lb (3,900,894 kg) and an increase 
in the ABC to 7,270,000 lb (3,297,617 kg).
    The Council's Reef Fish Advisory Panel (AP) reviewed the SSC 
recommendations and expressed

[[Page 74590]]

concerns about setting the ACL equal to the ABC, noting that recent 
landings have been relatively low. Using MRIP-FES estimates, 
recreational landings from 2012 through 2020 have generally been below 
4,000,000 lb (1,814,369 kg), with the highest landings occurring in 
2018 at approximately 4,380,000 lb (1,986,735 kg). The AP recommended 
that the stock ACL be set at 75 percent of the ABC and the Council 
agreed with the AP's recommendation. Based on the recommendations from 
the SSC and the AP the Council chose to update the catch limits and 
approved the framework action at its January 2022 meeting.

Management Measures Contained in This Proposed Rule

    If implemented, this proposed rule would revise the ACL for the 
Gulf vermilion snapper stock. The current stock ACL for Gulf vermilion 
snapper is 3.11 million lb (1.41 million kg), is equal to the ABC, and 
is based on the results of SEDAR 45, which used data from MRIP-CHTS. 
This proposed rule would increase the total ACL for Gulf vermilion 
snapper from 3.11 million lb (1.41 million kg) to 5,452,500 lb 
(2,473,212 kg). The proposed ACL is based on SEDAR 67, which used MRIP-
FES recreational landing estimates and is equal to 75 percent of the 
ABC as recommended by the Council's AP.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the framework action, the FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA), 
the Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The factual basis for this determination follows.
    A description of this proposed rule, why it is being considered, 
and the objectives of this proposed rule are contained in the preamble. 
The Magnuson-Stevens Act provides the statutory basis for this proposed 
rule.
    This proposed rule, if implemented, would apply to all federally-
permitted commercial vessels, federally-permitted charter vessels and 
headboats (for-hire vessels), and recreational anglers that fish for or 
harvest vermilion snapper in Federal waters of the Gulf. Although the 
rule and the framework action would apply to for-hire vessels, it would 
not be expected to have any direct effects on these entities. For-hire 
vessels sell fishing services to recreational anglers. The proposed 
changes to the vermilion snapper management measures would not directly 
alter the services sold by these vessels. Any change in demand for 
these fishing services, and associated economic effects, as a result of 
this proposed rule would be a consequence of a change in anglers' 
behavior, secondary to any direct effect on anglers and, therefore, an 
indirect effect of the proposed rule. Because the effects on for-hire 
vessels would be indirect, they fall outside the scope of the RFA. For-
hire captains and crew are permitted to retain vermilion snapper under 
the recreational bag limit; however, they are not permitted to sell 
these fish. As such, for-hire captains and crew are only affected as 
recreational anglers. The RFA does not consider recreational anglers to 
be small entities, so they are also outside the scope of this analysis 
(5 U.S.C. 603). Small entities include small businesses, small 
organizations, and small governmental jurisdictions (5 U.S.C. 601(6) 
and 601(3)-(5)). Recreational anglers are not businesses, 
organizations, or governmental jurisdictions. In summary, only the 
impacts on commercial vessels will be discussed.
    As of December 21, 2021, there were 747 valid or renewable limited 
access commercial reef fish permits. A renewable permit is an expired 
limited access permit that cannot be actively fished, but can be 
renewed for up to 1 year after expiration. On average from 2015 through 
2019, there were 369 federally-permitted commercial vessels each year 
with reported landings of vermilion snapper in the Gulf. Their average 
annual vessel-level gross revenue from all species for 2015 through 
2019 was approximately $156,000 (2020 dollars) and vermilion snapper 
accounted for approximately 7 percent of this revenue. For vessels that 
harvest reef fish species in the Gulf, NMFS estimates that economic 
profits are equivalent to 34 percent of annual gross revenue, on 
average. The maximum annual revenue from all species reported by a 
single one of the commercial vessels that landed Gulf vermilion snapper 
from 2015 through 2019 was approximately $2.4 million (2020 dollars).
    For RFA purposes only, the NMFS has established a small business 
size standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 11411) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide. All of the commercial fishing 
businesses directly regulated by this proposed rule are believed to be 
small entities based on the NMFS size standard. No other small entities 
that would be directly affected by this proposed rule have been 
identified.
    This proposed rule would modify the Gulf vermilion snapper stock 
ACL based on the recommendation of the Gulf Council's SSC and AP. The 
ACL would be set at 75 percent of the ABC or 5,452,500 lb (2,473,212 
kg). This value is not directly comparable to the current ACL of 
3,110,000 lb (1,410,000 kg) because the current ACL is based on MRIP-
CHTS data for the recreational sector; whereas, the proposed ACL is 
based on newer MRIP-FES data. It is not possible to distinguish the 
portion of the increase to the vermilion snapper ACL due to the 
conversion from MRIP-CHTS to MRIP-FES units from the portion 
attributable to improvements in the health of the vermilion snapper 
stock. Therefore, economic effects that would be expected to result 
from this proposed action cannot be quantified. Relative to the status 
quo, an increased stock ACL for vermilion snapper would be expected to 
afford additional fishing opportunities to the commercial sector, 
thereby potentially increasing ex-vessel revenue and profits. Such 
effects would only materialize if the commercial sector is able to 
increase landings relative to status quo landings.
    In summary, the information provided above supports a determination 
that this proposed rule would not have a significant economic impact on 
a substantial number of small entities. As a result, an initial 
regulatory flexibility analysis is not required and none has been 
prepared.
    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 proposed rule.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

[[Page 74591]]

List of Subjects in 50 CFR Part 622

    Annual catch limits, Fisheries, Fishing, Gulf, Reef fish, Vermilion 
snapper.

    Dated: December 1, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 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.  622.41, revise the last sentence of paragraph (j) to read 
as follows:


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

* * * * *
    (j) * * * The stock ACL for vermilion snapper is 5,452,500 lb 
(2,473,212 kg), round weight.
* * * * *
[FR Doc. 2022-26484 Filed 12-5-22; 8:45 am]
BILLING CODE 3510-22-P