[Federal Register Volume 89, Number 11 (Wednesday, January 17, 2024)]
[Proposed Rules]
[Pages 2913-2917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00762]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 240110-0003]
RIN 0648-BM56
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Data Calibrations
and Gray 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 modify the ratios used to set the state-
specific red snapper private angling component annual catch limits
(ACLs) for Alabama, Florida, and Mississippi and would modify each of
these state's private angling component ACLs based on the new ratios.
In addition, this proposed rule would modify the stock ACL for gray
snapper in the Gulf exclusive economic zone (EEZ). The purposes of this
proposed rule are to update state specific private angling component
calibration ratios and ACLs to provide a more accurate estimate of
state landings for red snapper management and to revise gray snapper
catch limits with updated scientific information to continue to achieve
optimum yield (OY) for the stock.
DATES: Written comments must be received on or before February 16,
2024.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2023-0120'' 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-2023-0120'', 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
https://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 include 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/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
both red snapper and gray 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-Stevens 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.
Unless otherwise noted, all weights in this proposed rule are in
round weight.
Red Snapper
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
recreational ACL (quota) is further allocated between the Federal
charter vessel/headboat (for-hire) component (42.3 percent), and the
private angling component (57.7 percent).
[[Page 2914]]
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). Through these amendments, 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).
In 2023, NMFS implemented a framework action under the FMP to
calibrate the red snapper ACLs for Alabama, Florida, Louisiana, and
Mississippi so they could be directly compared to the landings
estimates produced by each of those state's data collection program
(Calibration Framework)(87 FR 74014, December 2, 2022). As explained in
the Calibration Framework final rule, each of these states have
relatively new programs for monitoring red snapper landed by the
private-angling component (2014 for Alabama and Louisiana; 2015 for
Florida and Mississippi), and these programs do not produce results
that are comparable to each other or to Federal estimates generated by
the Marine Recreational Information Program (MRIP). Prior to the
development of these state programs, NMFS provided the only estimates
of private angler red snapper landings, except for those in Texas
(Texas anglers have never participated in the NMFS recreational data
collection survey). The state specific red snapper ACLs were
established using the results of a stock assessment that included
recreational landings estimates produced by MRIP. The Calibration
Framework final rule applied state-specific ratios to these MRIP-based
ACLs (Federal equivalent ACLs) to adjust each state's private-angling
ACL to account for the monitoring programs used by each Gulf state and
allow a direct comparison between the ACL and state landings estimate.
The ratios implemented by the Calibration Framework final rule were:
Alabama (0.4875), Florida (1.0602), Louisiana (1.06), Mississippi
(0.3840), and Texas (1.00). The ratios for Alabama, Florida, Louisiana,
and Mississippi were developed using available state landings data.
More information on the data used to calculate the current ratios can
be found in the Calibration Framework.
In June 2022, the Council asked its Scientific and Statistical
Committee (SSC) to review more recent state data and provide
recommendations on any appropriate changes to the calibration ratios.
Alabama, Florida, and Mississippi submitted updated data for review and
in January 2023, the SSC concluded that was appropriate to modify the
ratios for Alabama, Florida, and Mississippi to 0.548, 1.34, and 0.503,
respectively.
This proposed rule would modify the calibration ratios for Alabama,
Florida, and Mississippi as recommended by the SSC and apply these
ratios to the MRIP-based ACLs to update the state-survey-based ACLs.
The framework action and this proposed rule would not change the MRIP-
based (Federal equivalent) state ACLs or the total private-angling ACL.
However, because the understanding of the relationship between the
states' landings estimates and the Federal landings estimates have
changed, NMFS expects each of the three states to increase the number
of days that private anglers are permitted to harvest red snapper.
Gray Snapper
Gray snapper in the Gulf EEZ is managed as a single stock with a
stock ACL and a stock annual catch target (ACT), although the ACT is
not codified in the regulations or used for management. There is no
allocation of the stock ACL between the commercial and recreational
sectors. Gray snapper occur in estuaries and shelf waters of the Gulf
and are particularly abundant off south and southwest Florida. The
fishing season is open year-round, January 1 through December 31.
Accountability measures (AMs) for gray snapper specify that if the
combined commercial and recreational landings exceed the stock ACL in a
fishing year, then during the following fishing year if the stock ACL
is reached or is projected to be reached, the commercial and
recreational sectors will be closed for the remainder of the fishing
year. However, since the implementation of catch limits in 2012, total
landings have not exceeded the ACL.
Prior to 2018, the status of the gray snapper stock had not been
evaluated in a stock assessment. In 2018, a gray snapper Southeast
Data, Assessment, and Review (SEDAR) benchmark stock assessment was
completed (SEDAR 51) and indicated that the stock was undergoing
overfishing. SEDAR 51 included recreational landings estimates
calibrated to the MRIP coastal household telephone survey (CHTS). In
response to this assessment, the Council developed and NMFS implemented
Amendment 51 to the FMP, which established biological reference points,
overfished status determination criteria, the current catch limits for
the gray snapper stock. (85 FR 73238, November 17, 2020). These catch
limits are an OFL of 2.57 million lb (1.17 million kg), ABC of 2.51
million lb (1.14 million kg), and stock ACL of 2.23 million lb (1.02
million kg).
In December 2022, the Southeast Fisheries Science Center finalized
a new stock assessment report for gray snapper (SEDAR 75). SEDAR 75
resolved several concerns from SEDAR 51, and incorporated updated
recreational landings data calibrated to the MRIP-Fishing Effort Survey
(FES). MRIP-FES replaced MRIP-CHTS in 2018, and total recreational
fishing effort estimates generated from MRIP-FES are generally higher
than MRIP-CHTS estimates.
The Council's SSC reviewed the results of SEDAR 75 during its
January 2023 meeting and determined that the assessment was consistent
with the best scientific information available. Based on the results of
SEDAR 75, the Council's SSC concluded the stock is not overfished or
undergoing overfishing as of 2020 and also determined that the stock
was not likely to be experiencing overfishing in 2015, as was concluded
in SEDAR 51.
The SSC provided both a declining yield stream and constant catch
recommendation for the gray snapper OFL and ABC. The Council is
recommending a constant catch OFL and ABC of 7.547 million lb (3.423
million kg) and 6.226 million lb (2.824 million kg), respectively. The
Council is also recommending an eight percent buffer between the ABC
and stock ACL, which is based on the Council's ACL/ACT control rule.
This would result in an ACL of 5.728 million lb (2.598 million kg).
Because of the different recreational landings estimates used to
determine the current and proposed catch limits (MRIP-CHTS versus MRIP-
FES), these catch limits are not directly comparable. However, the
proposed catch limits do represent an increase from the current catch
limits.
Management Measures Contained in This Proposed Rule
Red Snapper
This proposed rule would modify the calibration ratios used by
Alabama, Florida, and Mississippi to convert MRIP-based red snapper
private angling component ACLs to state-survey-based red snapper
private angling component ACLs and apply those ratios to update each
state's ACL.
As described above, the current state private recreational date
calibration ratios for Alabama, Florida, and Mississippi are 0.4875,
1.0602, and
[[Page 2915]]
0.3840, respectively. The framework action and proposed rule would
revise the state private recreational calibration ratios for Alabama,
Florida, and Mississippi to be 0.548, 1.34, and 0.503, respectively.
NMFS notes that the calibration ratios are not codified in the
regulations. Applying the new ratios to the MRIP-based, Federal
equivalent ACLs (which remain the same) would result in revised state-
survey-based private angling component ACLs as follows: the Alabama
private angling component ACL would be 664,552 lb (301,436 kg) with a
Federal equivalent of 1,212,687 lb (550,066 kg); the Florida private
angling component ACL would be 2,769,631 lb (1,256,283 kg) with a
Federal equivalent of 2,066,889 lb (937,525 kg); and the Mississippi
private angling component ACL would be 82,342 lb (37,350 kg) with a
Federal equivalent of 163,702 lb (74,254 kg).
Gray Snapper
As a result of SEDAR 75 and using data through 2020, this proposed
rule would revise the gray snapper stock ACL from 2.23 million lb (1.01
million kg) to 5.728 million lb (2.598 million kg). As explained
previously, the current and proposed ACLs are not directly comparable.
However, total harvest has never exceeded the current ACL, and the
proposed ACL represents an increase in the allowable harvest.
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 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. A description of the factual
basis for this determination follows.
A description of this proposed rule, why it is being considered,
and the purposes of this proposed rule are contained in the SUMMARY and
SUPPLEMENTARY INFORMATION sections of this proposed rule. The Magnuson-
Stevens Act provides the statutory basis for this proposed rule. No
duplicative, overlapping, or conflicting Federal rules have been
identified.
The objective of this proposed rule is to improve the management of
red snapper and gray snapper based on the best scientific information
available. All monetary estimates in the following analysis are in 2021
dollars.
This proposed rule has two actions. The first action concerns
recreational fishing for red snapper in Federal waters of the Gulf and
would apply to or regulate the states of Alabama, Florida and
Mississippi. Specifically, this proposed action would update state
private recreational data calibrations of red snapper for Alabama,
Florida and Mississippi. As such, this action would authorize those
three states to allow for increased recreational landings of red
snapper by anglers fishing from private vessels and for-hire fishing
vessels that do not have a valid Federal for-hire reef fish permit any
time during the fishing year. States are not small governmental
jurisdictions or other entities as defined by the RFA and thus are not
germane to this analysis. Therefore, it is concluded that this action
would not regulate or have direct economic impacts on any small
entities.
The second action would revise the catch limits for Gulf gray
snapper. Specifically, the OFL, ABC, and stock ACL would be changed
from 2.57 million lb (1.17 million kg), 2.51 million lb (1.14 million
kg), and 2.23 million lb (1.02 million kg) respectively, using an 11
percent buffer between the ABC and stock ACL, to 7.547 million lb
(3.423 million kg), 6.226 million lb (2.824 million kg), and 5.728
million lb (2.598 million kg) respectively, using an 8 percent buffer
between the ABC and stock ACL. The current catch limits were derived,
in part, using recreational landings estimates calibrated to MRIP-CHTS
while the proposed catch limits were derived, in part, using
recreational landings estimates calibrated to MRIP-FES. This action
would apply to commercial fishing businesses, for-hire fishing
businesses, and recreational anglers. Although the proposed changes
would apply to recreational anglers, the RFA does not consider
recreational anglers to be small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
Recreational anglers are not businesses, organizations, or governmental
jurisdictions and so they are outside the scope of this analysis.
Any commercial fishing business that operates a fishing vessel that
harvests gray snapper in the Gulf EEZ must have a valid commercial Gulf
reef fish permit for to that vessel. From 2017 through 2021, an annual
average of 359 vessels with a valid commercial permit reported landings
of gray snapper.
For RFA purposes, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (50 CFR 200.2). A business primarily
involved in the commercial fishing industry (North American Industrial
Classification 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 its combined annual receipts
are no more than $11 million for all of its affiliated operations
worldwide. The average commercial vessel that landed gray snapper from
2017 through 2021 had annual revenue from all landings of about
$133,300 and less than one percent of that revenue came from reported
gray snapper landings. Maximum annual revenue for any of the commercial
vessels that harvested gray snapper was less than $3.1 million.
Assuming each of the 359 vessels represents a unique commercial fishing
business, then the action to revise the catch limits for gray snapper
would regulate 359 small commercial fishing businesses.
Charter fishing is contained with the broader industry of scenic
and sightseeing transportation, water (NAICS code 487210) and the small
business size standard for this industry is $14.0 million. From 2017
through 2021, an annual average of 27,358 angler trips that targeted
gray snapper were taken by charter fishing boats. It is unknown how
many vessels made these trips. However, available data shows Gulf gray
snapper is almost entirely targeted in waters off the west coast of
Florida. In 2020, there were 1,289 vessels with valid charter-headboat
Gulf reef fish vessel permits. Of these 1,289 vessels, 803 were
homeported in Florida. Of these 803 vessels, 62 are primarily used for
commercial fishing rather than for-hire fishing purposes and thus are
not considered for-hire fishing businesses (i.e., 1,227 permitted
vessels are for-hire fishing businesses). In addition, 46 of the
permitted vessels homeported in Florida are considered headboats, which
are also considered for-hire fishing businesses. However, headboats
take a relatively large, diverse set of anglers to harvest a diverse
range of species on a trip and do not typically target a particular
species. Therefore, no headboats would be directly affected by the
proposed action, which regulates gray snapper alone among the many
species caught on headboat trips.
However, charter vessels often target gray snapper. From 2017
through 2021,
[[Page 2916]]
an annual average of 27,358 charter trips targeted gray snapper. Thus,
of the 803 vessels with valid charter-headboat Gulf reef fish vessel
permits that are homeported in Florida, 62 are primarily commercial and
46 are headboats, while the remaining 695 vessels are charter vessels.
A recent study reported that 76 percent of charter vessels with
valid charter-headboat permits in the Gulf were active in 2017 (i.e.,
24 percent were not fishing). A charter vessel would only be regulated
or directly affected by this proposed action if it is fishing. Given
this information, NMFS estimates that 528 charter vessels (76 percent
of the 695 total) are likely to target Gulf gray snapper in a given
year. NMFS assumes that each charter fishing vessel that makes trips
targeting gray snapper represents a unique small business. Thus, NMFS
estimates that the proposed action to revise the gray snapper catch
limits would regulate 528 for-hire fishing businesses.
The same study estimated that maximum annual gross revenue for a
single headboat in the Gulf was about $1.45 million in 2017. The study
also found that on average, annual gross revenue for headboats in the
Gulf is about three times greater than annual gross revenue for charter
vessels, reflecting the fact that businesses that own charter vessels
are typically smaller than businesses that own headboats. Based on this
information, all for-hire fishing businesses regulated by this proposed
action are determined to be small businesses for the purpose of this
analysis.
As described above, the action to update red snapper private
recreational catch limits for Mississippi, Alabama, and Florida based
on calibration adjustments would not directly affect any small
entities. The action to revise the Gulf gray snapper catch limits is
expected to directly affect 359 small commercial fishing businesses.
Those 359 businesses represent 69.4 percent of active commercial
fishing businesses with Federal permits that harvest reef fish. Those
359 small businesses also represent about 42 percent of all commercial
fishing businesses with a valid Federal permit to harvest reef fish.
This action is also expected to directly affect 528 of the 1,227 for-
hire fishing businesses with valid charter/headboat permits in the Gulf
reef fish fishery, or approximately 43 percent of those for-hire
fishing businesses. All regulated commercial and for-hire fishing
businesses have been determined, for the purpose of this analysis, to
be small entities. Based on this information, the proposed action to
revise the Gulf gray snapper catch limits is expected to directly
affect a substantial number of small businesses.
With respect to the action to revise the catch limits for gray
snapper, in order to determine the impacts on commercial and charter
fishing businesses, NMFS estimated how the proposed stock ACL would
most likely be distributed between the commercial and recreational
sectors based on the distribution of landings between the sectors from
2017-2021. Commercial gray snapper landings averaged 111,563 lb (50,604
kg) between 2017 and 2021 and accounted for 2.4 percent of the total
gray snapper landings. That percentage of the proposed stock ACL is
estimated to be 137,472 lb (62,356 kg). The average ex-vessel price of
gray snapper was $3.64 per lb during this time. Therefore, the change
in the stock ACL may result in annual increases of commercial gray
snapper landings, revenues, and economic profit of 25,909 lb (11,752
kg), $94,309, and $30,179, respectively. Economic profit is estimated
to be approximately 32 percent of revenues. Given that annual average
revenue is about $133,300 per commercial fishing business, economic
profit per commercial fishing business is estimated to be about
$42,700. Thus, economic profit per commercial fishing business could
increase by around $84, or by about 0.2 percent. These estimates assume
that the totality of the stock ACL increase estimated to accrue to the
commercial sector is harvested. However, only about 77 percent of the
stock ACL was harvested on average per year from 2017-2021. Should the
commercial sector harvest less than its estimated allotted portion, the
increase in commercial landings, revenues, and economic profit would be
less.
The proposed change to the stock ACL for Gulf gray snapper may also
increase economic profits to charter fishing businesses if they
increase the number of trips targeting gray snapper. Based on the most
recent information available, average annual economic profit is
approximately $27,000 per charter vessel. Between 2017 and 2021,
charter trips targeting gray snapper averaged 27,358 trips per year.
The potential change in the number of charter trips targeting gray
snapper was computed by applying the estimated percentage increase in
recreational landings to the average annual number of gray snapper
charter trips. This approach yielded a potential increase of 5,034
charter trips targeting gray snapper per year. Economic profit per
angler trip is estimated at $176. Therefore, economic profit for
charter fishing businesses could increase by as much as $886,000 per
year, which would represent an increase of almost $1,700, or about 6.3
percent, per charter fishing business. These estimates assume that the
totality of the stock ACL increase estimated to accrue to the
recreational sector is harvested. However, as previously noted, only
about 77 percent of the stock ACL was harvested on average per year
from 2017-2021. Should the recreational sector harvest less than its
estimated allotted portion, the increase in target trips by charter
vessels and their economic profit would be less.
Based on the information above, although a substantial number of
small entities would be directly affected by this proposed rule, it
would have a slight positive economic impact and thus would not have a
significant economic impact on those entities. Because this proposed
rule, if implemented, would not have a significant economic impact on a
substantial number of small entities, an initial regulatory flexibility
analysis is not required and none has been prepared.
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, Recreational, Red
snapper, Reef fish.
Dated: January 10, 2024.
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 paragraphs (a)(1)(ii)(A), (B), and (D) 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) * * *
(A) Alabama regional management area--664,552 lb (301,436 kg);
Federal equivalent--1,212,687 lb (550,066 kg).
(B) Florida regional management area--2,769,631 lb (1,256,283 kg);
[[Page 2917]]
Federal equivalent--2,066,889 lb (937,525 kg).
* * * * *
(D) Mississippi regional management area--82,342 lb (37,350 kg);
Federal equivalent--163,702 lb (74,254 kg).
* * * * *
0
3. In Sec. 622.41, revise paragraph (l) to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(l) Gray snapper. If the sum of the commercial and recreational
landings, as estimated by the SRD, exceeds the stock ACL, then during
the following fishing year, if the sum of commercial and recreational
landings reaches or is projected to reach the stock ACL, the AA will
file a notification with the Office of the Federal Register to close
the commercial and recreational sectors for the remainder of that
fishing year. The stock ACL for gray snapper is 5.728 million lb (2.598
million kg), round weight.
* * * * *
[FR Doc. 2024-00762 Filed 1-16-24; 8:45 am]
BILLING CODE 3510-22-P