[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Rules and Regulations]
[Pages 24921-24923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08707]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 230420-0107]
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.

ACTION: Final rule.

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SUMMARY: NMFS issues regulations 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). This final rule 
revises the annual catch limit (ACL) for vermilion snapper in the Gulf 
of Mexico (Gulf). The purpose of this final rule is to prevent 
overfishing of Gulf vermilion snapper and to achieve optimum yield 
(OY).

DATES: This final rule is effective May 25, 2023.

ADDRESSES: 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

[[Page 24922]]

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.
    On December 6, 2022, NMFS published a proposed rule for the 
framework action and requested public comment (87 FR 74588). The 
proposed rule and the framework action outline the rationale for the 
actions contained in this final rule. A summary of the management 
measures described in the framework action and implemented by this 
final rule is described below.
    All weights described in this final rule are in round weight.
    The current catch limits were specified in Amendment 47 to the FMP 
(83 FR 22210, May 14, 2018) and are 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 overfishing limit 
(OFL) and the OFL for 2021 and beyond specified in Amendment 47 is 
3,490,000 lb (1,623,861 kg). The SSC also provided two recommendations 
for the acceptable biological catch (ABC): one derived from fishing at 
75 percent 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 annual catch limit (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 and be consistent 
with the estimates produced by the other survey.
    To determine how the 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 3,490,000 lb (1,623,861 kg). 
Thus, using FES landings estimates in the SEDAR 45 model indicate that 
the OFL would have been much higher had 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 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 Final Rule

    This final rule revises 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 final rule increases 
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 revised ACL is based on 
SEDAR 67, which used MRIP-FES recreational landing estimates and is 
equal to 75 percent of the ABC.

Comments and Responses

    NMFS received a total of three comments on the proposed rule for 
the framework action. One comment was not related to the proposed rule 
or the framework action and suggested recreational bag limit changes 
for Gulf lane snapper. That comment is not addressed further in this 
final rule. Specific comments related to the proposed rule and the 
framework action are grouped as appropriate and responded to below.
    Comment 1: The proposed increase to the stock ACL is too high. A 
better approach would be to increase the ACL gradually over several 
years while monitoring the ACL to prevent overfishing.
    Response: NMFS does not agree that the increase to the stock ACL is 
too high. Vermilion snapper is not overfished or undergoing 
overfishing. Further, although the new stock ACL of 5,452,500 lb 
(2,473,212 kg) is 57 percent greater than the previous ACL of 3.11 
million lb (1.41 million kg), the new ACL takes into account scientific 
and management uncertainty, as well as the change from MRIP-CHTS to 
MRIP-FES to estimate recreational landings. The Council's SSC 
recommended an OFL of 8,600,000 lb (3,900,894 kg), which is well above 
the SSC's ABC recommendation of 7,270,000 lb (3,297,617 kg). This 
buffer between the OFL and the ABC accounts for scientific uncertainty 
and reduces the likelihood of overfishing. The Council accounted for 
management uncertainty and further reduced the likelihood of 
overfishing by setting the stock ACL 25 percent below

[[Page 24923]]

the ABC. Under the current accountability measures, NMFS monitors 
landings and prohibits harvest of vermilion snapper if the combined 
commercial and recreational landings reach, or are projected to reach, 
the stock ACL. In addition, harvest projections from SEDAR 67 used 
MRIP-FES recreational landings estimates rather than MRIP-CHTS, as used 
in SEDAR 45. As discussed above, if MRIP-FES landing estimates had been 
used in SEDAR 45 the current OFL would have been 6,760,000 lb 
(3,066,284 kg), which is almost double the current OFL of 3,490,000.
    Comment 2: Although the vermilion snapper stock assessment 
supported a significant increase in the catch levels, the terminal year 
of data used in the assessment was 2017 and recent observations by 
fishermen indicate that the current stock may not be able to support 
this increase. The large increase in the stock ACL could also shift 
more effort to vermilion snapper, jeopardizing the health of the stock.
    Response: NMFS understands the concern about the time it takes to 
conduct a stock assessment and then use that information for management 
changes. However, both the SEDAR stock assessment and the Council 
process are structured to allow the opportunity for scientific, 
management, and public review and comment. These assessment reviews 
often take several meetings to complete. The most recent stock 
assessment for vermilion snapper was completed in 2020 (SEDAR 67), and 
involved several webinars, including 3 data review webinars. A draft 
assessment report was then reviewed and edited by the assessment panel 
prior to submission to the Council. The Council's SSC and the Council 
reviewed the assessment in June 2020, and the Council then began the 
process of updating management based in the results of the assessment.
    In determining the appropriate catch limits, the Council considered 
the input of fishermen through their Reef Fish AP and public testimony. 
The Council's Reef Fish AP recommended that the stock ACL for be set at 
75 percent of the ABC based on recorded vermilion snapper landings, 
which have been relatively low when compared to the new ABC, and 
concern regarding the status of the stock and harvest levels. The AP 
also noted that while exceptionally high vermilion snapper recruitment 
was recorded in recent years, the stock may not be able to sustain the 
ACL increases considered in the framework action. The majority of 
public comments provided during the January 2022 Council meeting 
supported the ACL recommended by the AP. The Council concurred with the 
Reef Fish AP and the majority of public comments and selected a more 
conservative stock ACL to provide more protection to the vermilion 
snapper stock.
    NMFS agrees that the increase in the vermilion snapper stock ACL 
could cause effort to shift from other reef fish species to vermilion 
snapper. However, given the multi-species nature of the reef fish 
fishery and the availability of other species to harvest throughout the 
year, as well as the magnitude of historical landings, it is unlikely 
that a shift in effort would be significant enough to result in 
landings exceeding the new ACL. As explained in the response to Comment 
1, the Council set the new ACL at a conservative level to help ensure 
that the increase in allowable harvest would not risk the health of the 
stock.

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 action, the FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the 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 act 
analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 622

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

    Dated: April 20, 2023.
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.  622.41, 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. 2023-08707 Filed 4-24-23; 8:45 am]
BILLING CODE 3510-22-P