[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Proposed Rules]
[Pages 12642-12646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03834]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 230217-0045]
RIN 0648-BL84


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

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

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 (Gulf) Fishery Management Council (Council). If implemented, 
this proposed rule would revise the commercial and recreational annual 
catch limits (ACLs) and annual catch targets (ACTs) for red snapper in 
the Gulf exclusive economic zone (EEZ). The purpose of this proposed 
rule is to increase the Gulf red snapper ACLs and ACTs consistent with 
best scientific information available, and to continue to achieve 
optimum yield (OY) for the stock.

DATES: Written comments must be received on or before March 30, 2023.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2022-0123'' by any 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-2022-0123'', in the Search 
box. Click on the ``Comment'' icon, complete the required fields, and 
enter or attach your comments.
     Mail: Submit written comments to Dan Luers, 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), 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, 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/modification-catch-limits-gulf-mexico-red-snapper.

FOR FURTHER INFORMATION CONTACT: Dan Luers, Southeast Regional Office,

[[Page 12643]]

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).
    Unless otherwise noted, all weights in this proposed rule are in 
round weight.

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. The stock ACL for red snapper is equal to the 
acceptable biological catch (ABC) recommended by the Council's 
Scientific and Statistical Committee (SSC), and 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. In 2015, Amendment 40 to the FMP (80 FR 22422, April 22, 2015) 
divided the recreational ACL (quota) between the Federal charter 
vessel/headboat (for-hire) component (42.3 percent) and the private 
angling component (57.7 percent).
    In 2020, NMFS implemented state management of red snapper for the 
private angling component as specified in Amendments 50 A-F to the FMP 
(85 FR 6819, February 6, 2020). Through these amendments, each Gulf 
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. However, each Gulf 
state was managing the harvest by its private anglers using estimates 
from its own state data collection program, which, except for Texas, 
was not directly comparable to the state's ACL. To address this issue, 
the Council, Gulf states, and NMFS worked to develop and implement 
calibration ratios that adjusted each state's private angling component 
ACL so that it could be directly compared to the landings estimates 
produced by that state's data collection program. (87 FR 74014, 
December 2, 2022).
    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 estimate of abundance 
and distribution of age 2 and older red snapper on artificial, natural, 
and uncharacterized bottom habitat across the northern Gulf through 
2019.
    The results of the GRSC and catch projections produced by the NMFS 
Southeast Fisheries Science Center (SEFSC) using the GRSC estimates of 
red snapper abundance were made available to the Council's SSC in 2021. 
The SSC expressed some concerns about using the GRSC findings to 
recommend catch levels. Specifically, 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 in the 
longstanding NMFS Bottom Longline (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 not appropriate to use the GRSC-based 
projections to recommend a new ABC, which constrains the total 
allowable catch that may be specified by the Council. Instead, the SSC 
used the GRSC-based projections to recommend a new OFL of 25,600,000 lb 
(11,611,965 kg) but used projections generated using information from 
the NMFS BLL survey to recommend a new ABC of 14,400,000 lb (6,531,730 
kg). The Council adopted these recommendations and specified new 
commercial and recreational catch limits using the established 
allocations. These new catch limits were effective on January 1, 2023 
(87 FR 74014, December 2, 2022).
    At its March 2022 meeting, the Council's SSC reviewed new catch 
level projections based on an SEFSC analysis that used updated GRSC 
abundance data for Florida and included an independent study that 
provided an estimate of red snapper abundance for Louisiana. A detailed 
explanation of the information reviewed by the SSC is available in the 
framework action. In summary, the SSC determined that the SEFSC 
projections informed by the GRSC abundance data for Texas, Alabama, 
Mississippi, the updated abundance data for Florida, and new abundance 
data for Louisiana are based on the best scientific information 
available and should be used for new OFL and ABC recommendations. 
Therefore, the SSC recommended a new OFL of 18,910,000 lb (8,577,432 
kg) and a new ABC of 16,310,000 lb (7,398,092 kg), which is reduced 
from the OFL based on 30 percent probability of overfishing. The SSC 
recommended a decrease in the OFL because the total estimate of red 
snapper (over the age of 2) abundance was reduced from 118 million fish 
to 85.6 million fish. The SSC recommended an increase in the ABC 
because the decrease in the scientific uncertainty in the new abundance 
estimates allowed for a smaller buffer between the OFL and ABC.
    Consistent with the Council's practice of setting the red snapper 
stock ACL equal to the ABC, the SSC's recommendation would result in 
the red snapper stock ACL increasing from 15,400,000 lb (7,000,000 kg) 
to 16,310,000 lb (7,400,000 kg). The Council approved the framework 
action to revise the red snapper harvest limits at its August 2022 
meeting.

Management Measures Contained in This Proposed Rule

    The framework action and this proposed rule would revise the red 
snapper OFL and ABC as recommended by the Council's SSC and increase 
the red snapper commercial and recreational ACLs and ACTs.
    The commercial ACL (commercial quota) would increase from 7,854,000 
lb (3,562,514 kg) to 8,318,100 lb (3,773,026 kg), and the recreational 
ACL (recreational quota) would increase from 7,546,000 lb (3,422,808 
kg) to 7,991,900 lb (3,625,065 kg). This proposed rule would also 
increase the Federal for-hire component ACL from 3,191,958 lb 
(1,447,848 kg) to 3,380,574 lb (1,533,403 kg) and increase the Federal 
for-hire component ACT from 2,904,682 lb (1,317,542 kg) to 3,076,322 lb 
(1,395,396 kg). In addition, this proposed rule would increase the 
private angling component ACL from 4,354,042 lb (1,974,960 kg) to 
4,611,326 lb (2,091,662 kg) and increase the private angling component 
ACT from 3,483,234 lb (1,579,968 kg) to 3,689,061 lb (1,673,330 kg).
    This proposed rule would increase the state specific private 
angling component ACLs for each of the Gulf states. Each state's ACL 
listed below is consistent with the allocation established in Amendment 
50A and the state specific calibration ratio implemented in January 
2023. Alabama's private angling component ACL would increase from 
558,200 lb

[[Page 12644]]

(253,195 kg) to 591,185 lb (268,157 kg). Florida's private angling 
component ACL would increase from 2,069,053 lb (938,507 kg) to 
2,191,315 lb (993,964 kg). Louisiana's private angling component ACL 
would increase from 882,443 lb (400,269 kg) to 934,587 lb (423,922 kg). 
Mississippi's private angling component ACL would increase from 59,354 
lb (26,923 kg) to 62,862 lb (28,514 kg). Finally, Texas's private 
angling component ACL would increase from 270,386 lb (122,645 kg) to 
286,363 lb (129,892 kg).

Measure Contained in This Proposed Rule Not in the Framework Action

    In addition to modifying the Gulf red snapper harvest level as 
specified in the framework action, this proposed rule would revise 
language related to the red snapper Federal for-hire component quota 
(50 CFR 622.39(a)(2)(i)(B)) and the red snapper Federal for-hire 
component ACT (50 CFR 622.41(q)(2)(iii)(B)). Since 2015, when the 
recreational ACL (quota) was allocated between the Federal for-hire and 
private angling components, these provisions have specified that the 
Federal for-hire quota and ACT apply ``to vessels that have been issued 
a valid Federal charter vessel/headboat permit for Gulf reef fish any 
time during the fishing year.'' (84 FR 24832 May 1, 2015). This 
language was intended to prohibit persons with vessels issued Federal 
for-hire permits from transferring those permits off the vessels and 
then fishing for red snapper under the private-angling component catch 
limits during the same fishing year. To clarify this prohibition, NMFS 
added the following language in the final rule implementing Amendments 
50A-F (85 FR 6819, February 6, 2020): ``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.'' However, in that final rule, NMFS mistakenly referred to 
``the Gulf EEZ,'' which is inconsistent with the 2015 language because 
it improperly suggests that persons aboard these vessels could harvest 
red snapper from state waters when the for-hire component is closed 
and, thus, allow the type of activity that the prior sentence was 
intended to prohibit. This proposed rule would remove ``EEZ'' from that 
sentence in both 50 CFR 622.39(a)(2)(i)(B) and 50 CFR 
622.41(q)(2)(iii)(B) to reflect that the harvest limitation applies to 
the entire Gulf (Federal and state waters).

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. NMFS notes that this 
analysis has been updated since the final rule implementing the red 
snapper calibration and harvest level framework actions published on 
December 2, 2022, and which is effective on January 1, 2023 (87 FR 
74014, December 2, 2022). The revised red snapper catch limits 
contained in that final rule will now serve as the no action 
alternative (status quo) in the updated factual basis included for this 
proposed rule. The conclusions of the analysis have not changed.
    A description of this proposed rule, why it is being considered, 
and the objectives of this proposed rule are contained in the preamble 
of this proposed rule. The Magnuson-Stevens Act provides the statutory 
basis for this proposed rule.
    This proposed rule 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 
red snapper in Federal waters of the Gulf. It would also apply to red 
snapper individual fishing quota (IFQ) shareholders within the 
commercial sector. It would not directly apply to federally-permitted 
dealers. Any change in the supply of red snapper available for purchase 
by dealers as a result of this proposed rule, and associated economic 
effects, would be an indirect effect of the proposed rule and would 
therefore fall outside the scope of the RFA. Although this rulemaking 
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 red 
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 behavioral change by anglers, secondary to any direct 
effect on anglers and, therefore, an indirect effect of this proposed 
rule. Because the effects on for-hire vessels would be indirect, they 
fall outside the scope of the RFA. Furthermore, for-hire captains and 
crew are not permitted to retain red snapper under the recreational bag 
limit, so only recreational anglers would be directly affected by the 
proposed changes to the red snapper recreational ACLs and ACTs. The RFA 
does not consider recreational anglers to be small entities, so they 
are 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 and IFQ shareholders 
will be discussed.
    As of July 8, 2021, there were 825 limited access valid or 
renewable commercial Gulf reef fish permits. In order to commercially 
harvest red snapper, a vessel permit must also be linked to an IFQ 
account and possess sufficient allocation for this species. IFQ 
accounts can be opened and valid permits can be linked to IFQ accounts 
at any time during the year. Eligible vessels can receive red snapper 
allocation from other IFQ participants. On average from 2016 through 
2020, there were 637 IFQ accounts that held red snapper allocation and 
355 that held red snapper shares. During the same period, there were 
438 federally permitted commercial vessels, on average each year, with 
reported landings of red snapper in the Gulf. Their average annual 
vessel-level gross revenue from all species for 2016 through 2020 was 
approximately $146,000 (2021 dollars) and red snapper accounted for 
approximately half of this revenue. For commercial vessels that 
harvested Gulf red snapper, NMFS estimates that economic profits are 
approximately 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 red snapper from 2016 through 2020 
was approximately $3.3 million (2021 dollars).
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is

[[Page 12645]]

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 red snapper OFL, ABC, ACLs, and 
recreational ACTs for 2022 and subsequent years based on the OFL and 
ABC recommendations of the Gulf Council's SSC. As stated previously, 
this updated analysis utilizes the revised red snapper catch limits 
from the final rule that published on December 2, 2022 (87 FR 74014) as 
the no action alternative (status quo), which differs from those that 
were in place at the time final action was taken by the Council on the 
framework action. Under this proposed rule, the commercial ACL (quota) 
would increase by 464,100 lb (210,512 kg), which if harvested in full, 
would correspond to an estimated increase in annual ex-vessel revenue 
of approximately $2.28 million (2021 dollars). Divided by the average 
number of commercial vessels with reported landings of red snapper from 
2016 through 2020, this would be an increase of approximately $5,205 
(2021 dollars) in gross revenue and $1,770 in profits per vessel (4 
percent of average annual gross revenue and profits). In addition to 
the expected increase in ex-vessel revenue, the proposed increase in 
the commercial red snapper quota would be expected to result in an 
annual increase in IFQ allocation value of approximately $1.55 million 
(2021 dollars). Finally, total red snapper IFQ share value would be 
expected to increase by approximately $16.15 million (2021 dollars). 
These estimates rely on average ex-vessel, IFQ allocation, and IFQ 
share price estimates from 2016 through 2020. Actual future prices 
could increase or decrease relative to this average because of market 
forces. NMFS expects that any negative price effects induced by this 
proposed rule, should they occur, would be outweighed by the benefits 
of the increased quota.
    An additional item that is contained in the proposed rule that is 
not included in the framework action, are revisions to 50 CFR 
622.41(q)(2)(iii)(B) and 50 CFR 622.39(a)(2)(i)(B), to remove the term 
``EEZ'' from the following language, ``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 term ``EEZ'' was inadvertently included in this 
language in the final rule implementing Amendments 50 A-F (85 FR 6819, 
February 6, 2020) and is inconsistent with the original language in 
those provisions that specify that Federal for-hire catch limits apply 
to vessels that have been issued the Federal for-hire permit at any 
time during the fishing year. This is an administrative change and is 
not expected to have any direct economic effects on any small entities. 
As such, this component of the proposed rule is outside the scope of 
the RFA.
    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.

List of Subjects in 50 CFR Part 622

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

    Dated: February 17, 2023.
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.  622.23, 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--591,185 lb (268,157 kg); 
Federal equivalent--1,212,687 lb (550,066 kg).
    (B) Florida regional management area--2,191,315 lb (993,964 kg); 
Federal equivalent--2,066,889 lb (937,525 kg).
    (C) Louisiana regional management area--934,587 lb (423,922 kg); 
Federal equivalent--881,686 lb (399,926 kg).
    (D) Mississippi regional management area--62,862 lb (28,514 kg); 
Federal equivalent--163,702 lb (74,254 kg).
    (E) Texas regional management area--286,363 lb (129,892 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--8,318,100 lb (3,773,027 kg), 
round weight.
* * * * *
    (2) * * *
    (i) Recreational quota for red snapper--
    (A) Total recreational. The total recreational quota is 7,991,900 
lb (3,625,065 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 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 when the Federal charter vessel/headboat 
component is closed. The Federal charter vessel/headboat component 
quota is 3,380,574 lb (1,533,403 kg), round weight.
    (C) Private angling component quota. The private angling component 
quota

[[Page 12646]]

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 
4,611,326 lb (2,091,662 kg), round weight.
* * * * *
0
4. In Sec.  622.41, revise the paragraph (q)(2)(iii)(B) and the last 
sentence in (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) 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 when the Federal charter vessel/headboat component is 
closed. The component ACT is 3,076,322 lb (1,395,396 kg), round weight.
    (C) * * * The component ACT is 3,689,061 lb (1,673,330 kg), round 
weight.

[FR Doc. 2023-03834 Filed 2-27-23; 8:45 am]
BILLING CODE 3510-22-P