[Federal Register Volume 88, Number 110 (Thursday, June 8, 2023)]
[Rules and Regulations]
[Pages 37475-37479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12243]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 230602-0141]
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: 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 (Gulf) Fishery Management Council (Council). This final 
rule revises 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 final 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: This final rule is effective July 10, 2023.

ADDRESSES: 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, 
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).

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.
    On February 28, 2023, NMFS published a proposed rule for the 
framework action and requested public comment (88 FR 12642). 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.
    Unless otherwise noted, all weights in this final rule are in round 
weight.
    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

[[Page 37476]]

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 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 overfishing limit (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 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. In summary, as 
described in the framework action, 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 Final Rule

    The framework action and this final rule revise the red snapper OFL 
and ABC as recommended by the SSC and increase the red snapper 
commercial and recreational ACLs and ACTs.
    The commercial ACL (commercial quota) increases from 7,854,000 lb 
(3,562,514 kg) to 8,318,100 lb (3,773,026 kg), and the recreational ACL 
(recreational quota) increases from 7,546,000 lb (3,422,808 kg) to 
7,991,900 lb (3,625,065 kg). This final rule also increases 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 increases 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 final rule increases the private angling component ACL 
from 4,354,042 lb (1,974,960 kg) to 4,611,326 lb (2,091,662 kg) and 
increases the private angling component ACT from 3,483,234 lb 
(1,579,968 kg) to 3,689,061 lb (1,673,330 kg).
    This final rule increases 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 increases from 558,200 lb 
(253,195 kg) to 591,185 lb (268,157 kg). Florida's private angling 
component ACL increases from 2,069,053 lb (938,507 kg) to 2,191,315 lb 
(993,964 kg). Louisiana's private angling component ACL increases from 
882,443 lb (400,269 kg) to 934,587 lb (423,922 kg). Mississippi's 
private angling component ACL increases from 59,354 lb (26,923 kg) to 
62,862 lb (28,514 kg). Finally, Texas's private angling component ACL 
increases from 270,386 lb (122,645 kg) to 286,363 lb (129,892 kg).

Measure Contained in This Final Rule Not in the Framework Action

    In addition to modifying the Gulf red snapper harvest level as 
specified in the framework action, this final rule revises 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

[[Page 37477]]

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 final rule removes 
``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).

Comments and Responses

    NMFS received comments from 11 individuals or fishing organizations 
on the proposed rule for the framework action. Four comments were in 
support of the proposed rule and two comments were opposed to the 
proposed rule. Four other comments were not specific in their opinion 
on the proposed rule, but advocated for careful consideration and deep 
study when making changes to catch limits. One commenter made a 
suggestion related to how increases in the commercial quota should be 
distributed, but this suggestion is outside the scope of this action.
    Specific comments related to the proposed rule and the framework 
action are grouped as appropriate and responded to below.
    Comment 1: NMFS should determine whether the framework action would 
have a significant economic impact on smaller businesses, and on how it 
would affect local communities. The final rule may need to be modified 
based on these considerations.
    Response: NMFS and the Council conducted thorough economic analyses 
for this framework action consistent with the requirements of the 
National Environmental Policy Act, the Magnuson-Stevens Act, Executive 
Order 12866, and the Regulatory Flexibility Act. These analyses, which 
are contained in the framework action and are described in the proposed 
rule, showed that the increases in the total, sector, and recreational 
component ACLs for red snapper would have positive economic effects in 
terms of increased producer surplus for fishing businesses (commercial 
and potentially for-hire), increased allocation value for red snapper 
IFQ shareholders, and increased consumer surplus for recreational 
anglers and seafood consumers. The estimates included in the framework 
action showed that economic value would increase by at least $1.58 
million for the commercial sector and $7.95 million for the 
recreational sector, for a combined increase in net economic benefits 
of $9.52 million per year. These estimates pertain to the red snapper 
component of the FMP as a whole, and community-level estimates are not 
available. However, NMFS did identify and discuss which communities are 
most likely to be affected by the action in the framework action and 
the proposed rule.
    Comment 2: NMFS should not increase the red snapper catch limits at 
this time. Red snapper are not as abundant as they were in the past. 
NMFS should study the population for a few more years to better 
understand population growth before making these changes. No 
regulations should be changed without deep study and careful 
consideration of future consequences.
    Response: NMFS disagrees that the catch levels should not be 
changed at this time. Maintaining the current red snapper catch levels 
is not consistent with the best scientific information available, which 
indicates that the red snapper stock can support higher catch limits. 
The current red snapper catch limits were implemented through the final 
rule for a framework action that was effective January 1, 2023 (87 FR 
74014, December 2, 2022). In that framework action, NMFS set the OFL 
for red snapper based on results of the GRSC and recommendations from 
the Council's SSC, which estimated the stock biomass of Gulf red 
snapper was approximately three times greater than the previous biomass 
estimate. The SSC reviewed the GRSC projections at its March 2021 
meeting, and determined that it was appropriate to use the GRSC results 
to recommend an OFL for of 25,600,000 lb (11,611,965 kg). However, some 
limitations and caveats of the study were identified by the SSC that 
warranted further investigation, and thus, the SSC made an ABC 
recommendation based on NMFS BLL survey, which had been used in the 
past to set catch limits, rather than the GRSC. This resulted in an ABC 
recommendation of 15,400,000 lb (7,000,000 kg).
    After the SSC's ABC recommendation, some of the limitations and 
caveats associated with the GRSC were addressed through several 
research studies, and this new information was provided to the SSC at 
its March 2022 meeting. The updated information included: (1) a revised 
estimate of red snapper abundance in waters adjacent to Louisiana that 
was considered by the SSC to be more indicative of red snapper 
abundance than the GRSC, and (2) a post-stratified re-analysis of GRSC 
data for Florida using different depth bins than what were originally 
used in the GRSC. Based on this new estimate, the SSC determined the 
interim analysis suitable for providing catch advice and recommended 
decreasing the OFL from 25,600,000 lb (11,611,965 kg) to 18,910,000 lb 
(8,577,432 kg) and increasing the ABC from 15,400,000 lb (7,000,000 kg) 
to 16,310,000 lb (7,398,092 kg). These recommendations reflect a 
decrease in scientific uncertainty in the new estimates, which allows 
for an increase in the ABC despite the decrease in the OFL.
    Comment 3: The framework action and the proposed rule do not 
adequately account for discards, especially in the recreational sector. 
The framework action and the proposed rule do not quantify the expected 
discards, which makes it difficult for the public to assess impacts 
from this action.
    Response: NMFS disagrees that this rule does not adequately account 
for discards. NMFS recognizes that the proposed rule did not quantify 
expected discards, because discards are estimated based on fishing 
effort for each sector, and are difficult to quantify with precision. 
However, the revised catch limits do account for discards because they 
are based on the most recent stock assessment, completed in 2018, which 
included information about discards, and updated information about red 
snapper abundance that indicated that the stock can support additional 
harvest with the associated discards. As explained in the framework 
action, the increase in the catch limits is not expected to change how 
the reef fish fishery is prosecuted overall, or the manner in which red 
snapper fishing takes place. Thus, the rates at which red snapper are 
discarded by the commercial and recreational sectors are not expected 
to change, but the increased catch limits are expected to result in a 
change in the numbers of discarded fish proportional to the fishing 
effort necessary to harvest the increased catch limits.
    Comment 4: The Council is unbalanced and biased toward the 
recreational sector, and this unbalance has resulted in the increased 
catch limits in this rule at a time when there is evidence that the 
health of the red snapper stock is in decline.
    Response: The sector balance on the Council is outside the scope of 
the rule, and statements about decisions a council with a different 
balance would make are speculative. However, NMFS notes that Council 
members are trustees of the Nation's fishery resources and each Council 
member must take an oath of office in which they ``promise to conserve 
and manage the living marine resources of the United States of America 
by carrying out the business of the Council for the greatest overall 
benefit of the Nation'' (50 CFR 600.220). Council members must also 
adhere to

[[Page 37478]]

high standards of ethical conduct (50 CFR 600.225). Therefore, NMFS 
expects Council members to make decisions that are best for the fishery 
resources as a whole. Further, regardless of who sits on the Council, 
NMFS must determine whether the framework action is consistent with the 
Magnuson-Stevens Act and other applicable law, and NMFS has determined 
that the increased catch limits for all sectors will prevent 
overfishing while achieving optimum yield and are supported by the best 
scientific information available.
    Comment 5: The proposed rule fails to account for the fact that 
there have been de facto reallocations of red snapper harvest at 
several levels since 2018: from the commercial to the recreational 
sector, from the for-hire component to the private angling component, 
and from certain Gulf states to other Gulf states.
    Response: NMFS disagrees that ``de facto allocations have 
occurred.'' However, NMFS acknowledges that since 2018, when the Gulf 
States began managing private angling harvest of red snapper, there 
have been overages of the private angling component ACL resulting from 
the differences between data from the state surveys used to monitor 
harvest and the Federal survey data used to establish the catch limits. 
However, on January 1, 2023, NMFS implemented a final rule that 
modified the state-specific red snapper private angling component ACLs 
using calibration ratios adopted by the Council (87 FR 74014, December 
2, 2022). These calibration ratios allow each state's landings 
estimates to be compared directly to that state's ACL and are expected 
to prevent the noted overages. Furthermore, the proposed rule did 
account for all red snapper harvest (commercial, for-hire, and private 
angling) regardless of the specified allocations. Thus, this increase 
in the total allowable harvest is based on the best scientific 
information available on the health and abundance of the red snapper 
stock taking into account past harvest, including since 2018.

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. Public comments relating to 
socio-economic implications and potential impacts on small businesses 
are addressed in the response to Comment 1 in the Comments and 
Responses section of this final rule. 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: June 5, 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.  622.23, 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 this 
paragraph (a)(1), 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 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:

[[Page 37479]]

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. 2023-12243 Filed 6-7-23; 8:45 am]
BILLING CODE 3510-22-P