[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Rules and Regulations]
[Pages 76438-76441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21244]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 240910-0234]
RIN 0648-BM98


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Lane Snapper Catch Limits

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 an abbreviated 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 modifies the Gulf of Mexico (Gulf) lane snapper catch 
limits. The purpose of this final rule is to modify the Gulf lane 
snapper catch limits based on the best scientific information 
available. This final rule also revises reporting and compliance 
requirements for Gulf reef fish commercial permit holders using vessel 
monitoring systems (VMS).

DATES: This final rule is effective October 18, 2024.

ADDRESSES: Electronic copies of the abbreviated framework action, which 
includes 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/gulf-mexico-lane-snapper-catch-limits-abbreviated-framework.
    Written comments regarding the burden hour estimates or any other 
aspects of the collection of information requirements contained in this 
final rule may be submitted at any time by email to Carolyn Sramek, 
NMFS Southeast Regional Office, [email protected] or to 
www.reginfo.giv/public/do/PRAMain.

FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS, with the advice of the Council, 
manages the Gulf reef fish fishery, which includes lane snapper, under 
the FMP. The FMP was prepared by the Council, approved by the Secretary 
of Commerce, 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, with the advice from the 
regional fishery management councils, to prevent overfishing and 
achieve, on a continuing basis, the optimum yield (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 June 17, 2024, NMFS published a proposed rule for the 
abbreviated framework action and requested public comment (89 FR 
51295). Comments received on the proposed rule are summarized and 
responded to in the Comments and Responses section of this final rule.
    Unless otherwise noted, all weights in this final rule are in round 
weight.
    Lane snapper occur in estuaries and shelf waters of the Gulf and 
are particularly abundant off south and southwest Florida. Lane snapper 
in the Gulf exclusive economic zone are managed as a single stock, with 
a combined annual catch limit (ACL) for the commercial and recreational 
sectors that is set equal to the acceptable biological catch (ABC). The 
fishing season is open year-round, January 1 through December 31 unless 
a closure is required to constrain landings to the ACL. Currently, the 
lane snapper overfishing limit (OFL) is 1,053,834 pounds (lb) (478,011 
kilograms (kg)), and the ABC is 1,028,973 lb (466,734 kg). These catch 
limits are based on the results of an update to the Southeast Data, 
Assessment, and Review 49 (SEDAR 49) that was completed in 2019 and 
used recreational landings estimates generated by the Marine 
Recreational Information Program (MRIP) Fishing

[[Page 76439]]

Effort Survey (FES) instead of the previous MRIP-Coastal Household 
Telephone Survey.
    This final rule increases the lane snapper OFL, ABC, and ACL based 
on the results of the SEDAR 49 interim analysis (IA) and 
recommendations from the Council's Scientific and Statistical Committee 
(SSC). The SEDAR 49 IA included updated landings and dead discards 
information as well as an updated catch-per-unit-effort index for the 
headboat fleet.

Management Measures Contained in the Abbreviated Framework Action and 
This Final Rule

    The abbreviated framework action and final rule increase the lane 
snapper OFL from 1,053,834 lb (478,011 kg) to 1,116,331 lb (506,359 
kg), increase the ABC from 1,028,973 lb (466,734 kg) to 1,088,873 lb 
(493,904 kg), and set the stock ACL equal to the ABC at 1,088,873 lb 
(493,904 kg). This results in an overall increase in the allowable 
harvest of 59,900 lb (27,170 kg).

Changes to Regulations Not Associated With the Abbreviated Framework 
Action

    For fishermen with a valid Federal commercial permit to harvest 
Gulf reef fish, NMFS is revising the process for requesting a power-
down exemption to the VMS requirement. NMFS is also removing the 
requirement that the vessel owner or operator certify compliance with 
the proper installation and activation of a VMS unit. NMFS expects both 
of these changes to reduce the burden on individual fishermen and NMFS, 
and to increase enforceability.
    Regulations at 50 CFR 622.28(a) require the owner or operator of a 
vessel that has been issued a commercial permit for Gulf reef fish to 
maintain an operational satellite-linked VMS unit on the vessel that 
transmits the location of the vessel on a regular and consistent basis. 
Regulations at 50 CFR 622.28(d) allow an owner or operator to power 
down the VMS unit if the vessel will be continuously out of the water 
or in port more than 72 consecutive hours. The regulations at 50 CFR 
622.28(d) also specify the process for requesting this power-down 
exemption, which includes obtaining a letter of exemption from the NMFS 
Office of Law Enforcement (OLE), filing a report through the VMS 
terminal prior to each power down, and entering the power-down code in 
the VMS terminal prior to each power down.
    When VMS was first required, the process to request a power-down 
exemption was not included in the regulations; instead, the regulations 
referred to the NOAA Enforcement Draft VMS Requirements that were 
included in Appendix E to Amendment 18A to the FMP (71 FR 45248, August 
9, 2006). When NMFS revised the VMS regulations in 2007, NMFS added to 
the regulations the process for requesting a power-down exemption (72 
FR 73270, December 27, 2007). Technology now allows for use of an 
online form and immediate authorization by NMFS.
    Therefore, NMFS is modifying the process for submitting the power-
down exemption, including how and what information is collected. The 
owner or operator of the permitted vessel will use an online form to 
request the VMS power-down exemption. The information requested on the 
online form is similar to the current form. The only change to the data 
collected is a field for an email address for the person making the 
request and their self-identification as the vessel owner or operator. 
NMFS expects the online form to allow for faster communication and 
approval for the requester, and to streamline the administrative 
process by eliminating the need for manual data entry. NMFS will use 
the self-identification to confirm that the submitter is authorized to 
submit the request as the vessel owner or operator.
    If all of the required information is provided, the authorization 
for the power-down exemption will be provided automatically as a 
visible display soon after the time of submission, and will also be 
sent to the email address provided by the requester and, if different 
from the requester, to the permit holder's email address if NMFS was 
provided that information as part of the permit holder's previous 
permit application. Vessel owners and operators will no longer send an 
email from the VMS unit on the vessel to NMFS OLE or enter the power-
down code using the VMS declaration form on the VMS terminal.
    A power-down exemption will be valid until the expiration date 
requested, which NMFS will limit to not more than 1 year from the 
authorization date. A new request for a power-down exemption would be 
required after the completion of the previous authorization for any 
subsequent time period. There is no limit on the number of exemptions 
that can be requested.
    If a vessel owner or operator wants to end a power-down exemption 
before the expiration date, the authorization would end automatically 
when the vessel owner or operator submits a commercial trip 
declaration. Alternatively, the vessel owner or operator may contact 
NMFS OLE to end the power-down exemption.
    In addition to the changes to the power-down exemption regulations, 
NMFS is removing the current requirements at 50 CFR 622.28(f)(1) 
through (3) for a vessel owner or operator to submit a form certifying 
that a qualified marine electrician has installed and activated a NMFS-
approved VMS unit on the vessel. The intent of the form, ``Vessel 
Monitoring System (VMS) Installation and Activation Certification for 
the Reef Fish Fishery of the Gulf of Mexico,'' was to provide NMFS with 
additional assurance that a vessel owner or operator is compliant with 
the requirements to install and activate an approved VMS unit. However, 
NMFS has determined that the compliance form is overly burdensome and 
has little utility. To accomplish the same purpose as the form, NMFS is 
adding a check-box certification to the permit application that is 
required when a commercial reef fish permit is renewed or transferred. 
In addition, NMFS can detect whether a unit is operational. The 
existing requirement for a qualified marine technician to install the 
VMS unit will remain in Sec.  622.28(f).

Comments and Responses

    NMFS received five comment submissions in response to the proposed 
rule that NMFS published for the abbreviated framework action. Three 
were in opposition to increasing the lane snapper catch limits and one 
expressed support for the proposed VMS changes. One comment was outside 
the scope of the abbreviated framework action and proposed rule, 
suggesting increased regulation of commercial shrimp boats to address 
lane snapper bycatch. The comments opposing the increase in the lane 
snapper catch limits are summarized below, followed by NMFS's response.
    Comment 1: It is not appropriate to increase the lane snapper catch 
limits at this time, especially given recent red tide events that have 
resulted in fish kills. The population should be allowed to grow for 3-
5 years before considering a small increase.
    Response: NMFS disagrees that it is not appropriate to increase the 
lane snapper catch limits at this time. The most recent interim 
analysis (SEDAR 49 IA) included data through 2022 and indicated that an 
increase in the Gulf lane snapper stock ACL would not negatively impact 
the stock. Despite increased fishing pressure and red tide events in 
recent years, the SEDAR 49 IA found that the lane snapper population 
was steady and could support a small amount of additional harvest. The 
Council's SSC reviewed the results of

[[Page 76440]]

the SEDAR 49 IA and recommended a 5.8 percent increase to the ABC of 
59,900 lb (27,270 kg). The Council accepted the SSC's advice and 
recommended setting the stock ACL equal to the ABC. NMFS agrees that 
this increase, which is based on the best scientific information 
available, is appropriate at this time.

Classification

    Pursuant to sections 304(b)(3) and 305(d) of the Magnuson-Stevens 
Act, NMFS issues this final rule, which provides the specific authority 
and procedure for implementing this action. Section 304(b)(3) 
authorizes NMFS to issue final regulations prepared and recommended by 
the Council under section 303(c). Section 305(d) authorizes NMFS to 
promulgate regulations necessary to carry out an FMP. The NMFS 
Assistant Administrator has determined that this final rule is 
consistent with the abbreviated 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. A description of this 
final rule, why it is being implemented, and the purposes of this final 
rule are contained in the SUMMARY and SUPPLEMENTARY INFORMATION 
sections of this preamble.
    The first objective of this final rule is to update existing Gulf 
lane snapper catch limits based on the best scientific information 
available to achieve OY for Gulf lane snapper while preventing 
overfishing, consistent with the requirements of the Magnuson-Stevens 
Act. The second objective of this final rule is to revise VMS-related 
reporting requirements for commercial Gulf reef fish permit holders to 
be consistent with NMFS OLE's current practices and to remove the 
requirement to provide the certification of installation and 
activation.
    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 public comments were 
received regarding this certification. NMFS did not receive any 
comments from the U.S. Small Business Administration's Office of 
Advocacy or the public regarding the economic analysis in the 
abbreviated framework action or the certification in the proposed rule. 
As a result, no changes to this final rule were made in response to 
public comments. Because this final rule is not expected to have a 
significant economic impact on a substantial number of small entities, 
a final regulatory flexibility analysis is not required and none has 
been prepared.
    This final rule contains a collection-of-information requirement 
subject to review and approval by the OMB under the Paperwork Reduction 
Act (PRA). This final rule changes the existing requirements for the 
collection of information under OMB Control Number 0648-0544, Southeast 
Region Vessel Monitoring System and Related Requirements by revising 
the process for fishermen to request a VMS power-down exemption, 
including how and what information is collected, and the valid period 
of an exemption. This final rule also changes the existing requirements 
by removing an existing requirement for a vessel owner or operator to 
submit a form certifying that a qualified marine electrician has 
installed and activated a NMFS-approved VMS unit on the vessel, and 
that NMFS personnel have verified its operation.
    The revised VMS power-down exemption would apply to all 814 
actively permitted Gulf reef fish vessels, and NMFS expects the 
proposed VMS power-down exemption changes to decrease the number of 
respondents per year and decrease the number of annual responses. The 
annual fleet-wide time burden associated with this revision would be 
increased from 12.5 hours to 21.75 hours, or an increase of 9.25 total 
burden hours. Thus, the public reporting burden per vessel is expected 
to increase on average by approximately 0.01 hours per year and results 
in an increase in opportunity cost of approximately $0.32 per business 
per year. This includes the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information.
    The revised VMS Installation and Activation Certification 
requirement would also apply to all 814 actively permitted Gulf reef 
fish vessels, and NMFS expects the removal of the VMS Installation and 
Activation Certification for the Reef Fish Fishery of the Gulf of 
Mexico to decrease the number of respondents per year and decrease the 
number of annual responses. The annual fleet-wide time burden 
associated with this revision would be decreased from 593.3 hours to 
2.67 hours, or a reduction of 590.63 total burden hours. Thus, the 
total decrease in time burden on average per vessel is approximately 
0.73 hours per year and results in a reduction in opportunity cost of 
approximately $20.20 per business per year. This includes the time for 
reviewing instructions, searching existing data sources, gathering, and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    NMFS invites the general public and other Federal agencies to 
comment on proposed and continuing information collections, which helps 
NMFS assess the impact of our information collection requirements and 
minimize the public's reporting burden. Written comments and 
recommendations for this information collection should be submitted on 
the following website: www.reginfo.gov/public/do/PRAMain. Find this 
particular information collection by using the search function and 
entering the title of the collection or the OMB Control Number 0648-
0544.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Gulf, Lane snapper, Recreational, 
Reef fish, Vessel monitoring systems.

    Dated: September 12, 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.  622.28, revise paragraphs (d) and (f) to read as follows:


Sec.  622.28  Vessel monitoring systems (VMSs).

* * * * *
    (d) Power-down exemptions. An owner or operator of a vessel subject 
to the requirement to have a VMS operating at all times as specified in 
paragraph (a) of this section can be

[[Page 76441]]

exempted from that requirement and may power down the required VMS unit 
as specified in the following provisions.
    (1) The vessel will be continuously out of the water or in port, as 
defined in paragraph (c) of this section, for more than 72 consecutive 
hours.
    (2) The owner or operator of the vessel requests and obtains 
authorization from NMFS OLE to power-down the VMS unit on the same 
vessel. VMS units must remain on and positioning until the vessel owner 
or operator receives such authorization. A request for a power-down 
exemption must be completed through a NMFS website. The request must 
provide the specified information, such as, the identity of person 
making the request, vessel owner, vessel identification, and the reason 
for an exemption. Authorization for the power-down is displayed on the 
website after submission of all required information and is transmitted 
by email to the requester and the vessel owner, if different from the 
requester. After receipt of the authorization, the VMS unit may be 
turned off for the approved time period.
    (3) If a vessel with an approved VMS power-down exemption submits a 
trip declaration, as specified in paragraph (e) of this section, before 
the power-down exemption expires, the power-down exemption will be 
void, and the vessel is required to have a VMS operating at all times 
as specified in paragraph (a) of this section. Authorization for a new 
power-down exemption will be required before the vessel can 
subsequently power-down the VMS unit.
    (4) An approved VMS power-down exemption is not transferrable and 
is granted only to the vessel owner, vessel, and the commercial reef 
fish permit number contained in the authorization.
    (5) The maximum period for a single approved VMS power-down 
exemption is 1 year from the date that NMFS grants the VMS power-down 
exemption. A vessel owner or operator may request a subsequent VMS 
power-down exemption for the same vessel after the expiration of the 
preceding power-down exemption.
* * * * *
    (f) Installation and activation of a VMS. Only a VMS that has been 
approved by NMFS for the Gulf reef fish fishery may be used, and the 
VMS must be installed by a qualified marine electrician.
* * * * *

0
3. In Sec.  622.41, revise paragraph (k) to read as follows:


Sec.  622.41  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (k) Lane snapper. If the sum of the commercial and recreational 
landings, as estimated by the SRD, reaches or is projected to reach the 
stock ACL, as specified in this paragraph (k), the AA will file a 
notification with the Office of the Federal Register to close the 
commercial and recreational sectors for the remainder of the fishing 
year. The stock ACL for lane snapper is 1,088,873 lb (493,904 kg), 
round weight.
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[FR Doc. 2024-21244 Filed 9-17-24; 8:45 am]
BILLING CODE 3510-22-P