[Federal Register Volume 89, Number 94 (Tuesday, May 14, 2024)]
[Rules and Regulations]
[Pages 41896-41899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10468]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 240508-0133]
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: 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 modifies the ratios used to set the state-specific red snapper 
private angling component annual catch limits (ACLs) for Alabama, 
Florida, and Mississippi and modifies each of these state's private 
angling component ACLs based on the new ratios. In addition, this final 
rule modifies the stock ACL for gray snapper in the Gulf exclusive 
economic zone (EEZ). The purposes of this final rule are to update the 
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: This final rule is effective June 13, 2024.

ADDRESSES: 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 
Council prepared the FMP, which the Secretary of Commerce approved, 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 to achieve, on a 
continuing basis, the optimum yield (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 January 17, 2024, NMFS published a proposed rule for the 
framework action and requested public comment (89 FR 2913). Unless 
otherwise noted, all weights in this final 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).
    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 (AM) 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 (beginning in 2014 for Alabama and Louisiana 
and 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

[[Page 41897]]

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 it was appropriate to 
modify the ratios for Alabama, Florida, and Mississippi to 0.548, 1.34, 
and 0.503, respectively.
    This final rule modifies the calibration ratios for Alabama, 
Florida, and Mississippi as recommended by the SSC and applies these 
ratios to the MRIP-based ACLs to update the state-survey-based ACLs. 
The framework action and this final rule will 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 allowed 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. 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 gray snapper 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 Southeast Data, Assessment, 
and Review (SEDAR) benchmark stock assessment for gray snapper 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, and the current catch limits 
for the gray snapper stock (85 FR 73238, November 17, 2020). These 
catch limits are an overfishing limit (OFL) of 2.57 million lb (1.17 
million kg), acceptable biological catch (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 
also 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 have been experiencing overfishing in 2015, as was 
concluded in SEDAR 51.
    For this framework action, the Council recommended 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 also recommended an 8 
percent buffer between the ABC and stock ACL, which is based on the 
Council's ACL/ACT control rule. This results in a revised stock ACL of 
5.728 million lb (2.598 million kg). Because of the different 
recreational landings estimates used to determine the current and 
revised catch limits (MRIP-CHTS versus MRIP-FES), these catch limits 
are not directly comparable. Much of the increase in the new catch 
limits is due to the conversion from MRIP-CHTS to MRIP-FES. However, 
using recreational data collected in MRIP-CHTS for reference, the 
revised catch limits do represent an approximate increase of 15 percent 
from the current catch limits.

Management Measures Contained in This Final Rule

Red Snapper

    This final rule modifies 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 applies those ratios to update each state's 
ACL.
    As described above, the current state private recreational data 
calibration ratios for Alabama, Florida, and Mississippi are 0.4875, 
1.0602, and 0.3840, respectively. The framework action and final rule 
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) results in revised state-
survey-based private angling component ACLs as follows: the Alabama 
private angling component ACL will 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 will 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 will 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 final 
rule revises 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 revised ACLs are not directly comparable. 
However, total harvest has never exceeded the current ACL, and the 
revised stock ACL represents an increase in the allowable harvest.

Comments and Responses

    NMFS received seven comment submissions in response to the proposed 
rule which were largely in support of the framework action and proposed 
rule. Several comments were outside the scope of the proposed rule, 
including that the gray snapper size limit is too low, Mississippi's 
red snapper allocation percentage is too low, recreational landings 
should be calculated in number of fish rather than in weight, NMFS and 
the Council must create a new recreational census-based reporting 
system that captures landings and discards, and NMFS and the

[[Page 41898]]

Council must implement a mandatory recreational fishing permit for all 
Gulf anglers. While these comments discuss red and gray snapper 
management, this action is limited to modifying the gray snapper catch 
limits and modifying the red snapper calibration ratios for Alabama, 
Florida, and Mississippi and applying these ratios to the MRIP-based 
ACLs to update the state-survey-based ACLs. Broader issues such as size 
limits, state allocations, and monitoring methods are outside the scope 
of this action.
    Specific comments related to the proposed rule and the framework 
action are summarized below and followed by NMFS' respective responses.
    Comment 1: NMFS should take a precautionary approach when drastic 
ACL changes are recommended based on MRIP-FES. For gray snapper, the 
drastic increase in the stock ACL (approximately 200 percent) is not 
precautionary, especially given the uncertainty of the MRIP-FES data 
and only 54 percent of last year's stock ACL was landed.
    Response: Initially, NMFS notes that this final rule does not 
increase the gray snapper stock ACL by 200 percent. As explained 
previously, most of the increase in the new catch limits is due to the 
conversion from MRIP-CHTS to MRIP-FES. This conversion does not reflect 
greater harvest than previously allowed. It changes the scale of the 
catch limits to be consistent with the scale of survey used to monitor 
those catch limits. After accounting for the change to MRIP-FES, the 
increase in the gray snapper stock ACL is approximately 15 percent.
    NMFS does not agree that a precautionary approach is necessary with 
respect to the gray snapper catch limits given the current stock status 
of gray snapper. As required by the Magnuson-Stevens Act, the new catch 
limits are designed to prevent overfishing and achieve OY and are based 
on the best scientific information available, including recreational 
landings estimates calibrated to MRIP-FES, which indicates that gray 
snapper is not overfished or undergoing overfishing. Further, the new 
ACL takes into account both scientific and management uncertainty. The 
Council's SSC recommended an ABC that is approximately 13 percent lower 
than the recommended OFL, and 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 recommending a stock 
ACL eight percent below the ABC.
    Comment 2: States that exceed their red snapper private angling 
component ACLs should not be rewarded with calibration ratios that 
increase their allowable harvest. Alabama, Mississippi, and Texas 
benefitted from a de facto reallocation of the recreational ACL by 
exceeding their red snapper private angling component ACLs between 2018 
and 2021 without repercussion. These states should not be rewarded with 
increased allocation percentages based their ACL overages.
    Response: It is unclear how the commenter determined that Alabama, 
Mississippi, and Texas exceeded their respective ACLs or benefitted 
from any de facto reallocation. In 2018 and 2019, all of the Gulf 
states were operating under exempted fishing permits that allowed each 
state to set the red snapper fishing season for private anglers landing 
red snapper in that state. The state-specific catch levels in each EFP 
were based on the amounts requested by each state, which equaled 96.22 
percent of the total private angling component ACL. The EFPs required 
each state to pay back any overage of its ACL. Florida and Alabama 
exceeded their ACLs in 2018 and Louisiana exceeded its ACL in 2019; 
those overages were paid back in the following years. More information 
about the EFPs and the state landings in 2018 and 2019 can be found at 
https://www.fisheries.noaa.gov/southeast/state-recreational-red-snapper-management-exempted-fishing-permits#permits.
    Since 2020, each state has been operating under the authority 
delegated in the final rule implementing Amendments 50A-F, which 
specified the state-specific allocations and ACLs. However, at the time 
Amendments 50A-F were implemented the state-specific ACLs had not been 
calibrated to each state's survey. In the final rule implementing the 
state calibration ratios, NMFS acknowledged that the lack of the 
calibrated state ACLs had allowed the combined landings from the Gulf 
States to exceed the total private angling component ACL. NMFS also 
explained that when state reported landings exceeded the codified state 
ACLs, NMFS implemented paybacks to address the state ACL overages, but 
no paybacks for Mississippi or Alabama had been implemented because 
landings estimates provided by these states did not exceed their ACLs 
as codified in 2020, 2021, and 2022 (see 87 FR at 74014). The 
calibrated state ACLs now allow NMFS to directly compare each state's 
landings estimate to its ACL and implement any necessary payback.
    The Council did not consider and NMFS is not making changes to the 
state allocations. This final rule is adjusting how Alabama, Florida, 
and Mississippi's red snapper private angling program landings 
estimates compare to the MRIP-based landings estimates. Thus while this 
final rule increases the state-survey based red snapper ACLs, the MRIP-
based survey (Federal equivalent) ACLs remain the same. The allocation 
percentages adopted in Amendment 50A are based on the MRIP-based ACL, 
and this final rule is not changing each Gulf state's percentage of 
that MRIP-based ACL.
    Comment 3: NMFS must require all five Gulf states to publicly 
report landings in a standardized and timely manner, and NMFS must 
provide a central location that publicizes recreational red snapper 
landings and discard information from the states both in ``state 
currency'' landings and the appropriate ``common currency'' landings 
once those data are finalized.
    Response: NMFS disagrees that it is appropriate to require the 
states to report in a standardized manner because Amendments 50A-F were 
designed to allow each state to manage red snapper harvest by the 
private-angling component using their own systems, which are not 
uniform. NMFS publishes red snapper recreational landings from each 
Gulf state, as estimated by each state survey (state currency) and as 
estimated by MRIP (common currency) when NMFS receives the data from 
all of the Gulf states for a fishing year. NMFS does not have control 
over when the data from each Gulf state are submitted, so landings data 
may not be publicly available for a number of months after the end of a 
fishing year. In addition, the Gulf states' estimates may be updated by 
a state after they are submitted to NMFS, and those changes may occur 
months or years after the data have been initially submitted. For this 
reason, NMFS publishes the red snapper recreational landings data as 
most recently reported by the states without change. NMFS does not 
require that the states provide estimates of red snapper recreational 
discards because the state ACLs are expressed in terms of landed fish 
only. Therefore, NMFS does not publish state discard data. The most 
recent private recreational landings data, estimated by MRIP and as 
submitted by the Gulf states, can be found at: https://www.fisheries.noaa.gov/southeast/recreational-fishing-data/gulf-mexico-historical-recreational-landings-and-annual-catch.

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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, the U.S. Constitution, 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.
    A description of this final rule, why it is being considered, and 
the purpose of this final rule are contained in the SUMMARY and 
SUPPLEMENTARY INFORMATION sections of this final rule. The objective of 
this final rule is to improve the management of red snapper and gray 
snapper based on the best scientific information available.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) 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. NMFS did not receive any 
comments from SBA's Office of Advocacy or the public regarding the 
certification in the proposed rule. As a result, a final regulatory 
flexibility analysis was not required and none was prepared.
    This final 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: May 8, 2024.
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 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); 
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. 2024-10468 Filed 5-13-24; 8:45 am]
BILLING CODE 3510-22-P