Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; State Management Program; Amendments 50A-F, 38198-38201 [2019-16657]
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38198
Federal Register / Vol. 84, No. 151 / Tuesday, August 6, 2019 / Proposed Rules
PART 180—CONTINUING
QUALIFICATION AND MAINTENANCE
OF PACKAGINGS
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.81 and 1.97.
■
1. The authority citation for part 180
continues to read as follows:
■
2. In § 180.209:
a. Revise Table 1—Requalification of
Cylinders in paragraph (a); and
§ 180.209 Requirements for requalification
of specification cylinders.
■
■
TABLE 1—REQUALIFICATION OF
b. Revise paragraph (e).
The revisions read as follows.
(a) * * *
CYLINDERS 1
Specification under which cylinder was made
Minimum test pressure
(psig) 2
Requalification period
(years)
3 .........................................................................
3A, 3AA ..............................................................
3,000 psig .........................................................
5/3 times service pressure, except non-corrosive service (see § 180.209(g)).
5/3 times service pressure ...............................
5/3 times service pressure ...............................
2 times service pressure (see § 180.209(g)) ...
Test not required.
5/3 times service pressure ...............................
5/3 times service pressure ...............................
2 times service pressure (see § 180.209(g)) ...
2 times service pressure, except non-corrosive service (see § 180.209(g)).
2 times service pressure ..................................
2 times service pressure, except non-corrosive service (see § 180.209(g)).
Test not required.
...........................................................................
See current exemption or special permit .........
As marked on cylinder, but not less than 5/3
of any service or working pressure marking.
5.
5, 10, or 12 (see § 180.209(b), (f), (h), and
(j)).
5 or 12 (see § 180.209(j) and (m)3).
5.
5 or 10 (see § 180.209(f)).
3AL .....................................................................
3AX, 3AAX .........................................................
3B, 3BN ..............................................................
3E .......................................................................
3HT ....................................................................
3T .......................................................................
4AA480 ..............................................................
4B, 4BA, 4BW, 4B–240ET .................................
4D, 4DA, 4DS ....................................................
4E .......................................................................
4L .......................................................................
8, 8AL .................................................................
Exemption or special permit cylinder .................
Foreign cylinder (see § 173.301(j) of this subchapter for restrictions on use).
3 (see §§ 180.209(k) and 180.213(c)).
5.
5 or 10 (see § 180.209(h)).
5, 7, 10, or 12 (see § 180.209(e), (f), and (j)).
5.
5, 10, or 12 (See § 180.209(e)).
10 or 20 (see § 180.209(i)).
See current exemption or special permit.
5 (see §§ 180.209(l) and 180.213(d)(2)).
1 Any
cylinder not exceeding 2 inches outside diameter and less than 2 feet in length is excepted from volumetric expansion test.
cylinders not marked with a service pressure, see § 173.301a(b) of this subchapter.
3 This provision does not apply to cylinders used for carbon dioxide, fire extinguisher or other industrial gas service.
2 For
*
*
*
*
(e) Cylinders in non-corrosive gas
service. A cylinder made in
conformance with DOT Specifications
4B, 4BA, 4BW, or 4E protected
externally by a suitable corrosionresistant coating and used exclusively
for non-corrosive gas that is
commercially free from corroding
components may be requalified by
volumetric expansion testing every 12
years instead of every 5 years. As an
alternative, the cylinder may be
subjected to a proof pressure test at least
two times the marked service pressure,
but this latter type of test must be
repeated every 10 years after expiration
of the initial 12-year period. When
subjected to a proof pressure test, the
cylinder must be carefully examined
under test pressure and removed from
service if a leak or defect is found.
*
*
*
*
*
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*
Issued in Washington, DC, on July 31,
2019, under authority delegated in 49 CFR
1.97.
William S. Schoonover,
Associate Administrator of Hazardous
Materials Safety, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2019–16677 Filed 8–5–19; 8:45 am]
BILLING CODE 4910–60–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BI84
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; State
Management Program; Amendments
50A–F
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for comments.
AGENCY:
The Gulf of Mexico (Gulf)
Fishery Management Council (Council)
has submitted Amendments 50A, 50B,
50C, 50D, 50E, and 50F to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP),
for review, approval, and
implementation by NMFS
(Amendments 50A–F). Amendments
50A–F would delegate authority to
Louisiana, Mississippi, Alabama,
Florida, and Texas (Gulf states), to
establish specific management measures
for the harvest of red snapper in Federal
SUMMARY:
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waters in the Gulf by the private angling
component of the recreational sector.
The purposes of Amendments 50A–F
are to increase fishing opportunities and
economic benefits by allowing each Gulf
state to establish specific management
measures for the recreational harvest of
red snapper in Federal waters by private
anglers landing in that state.
DATES: Written comments must be
received on or before October 7, 2019.
ADDRESSES: You may submit comments
on Amendments 50A–F identified by
‘‘NOAA–NMFS–2017–0122’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20170122, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Lauren Waters, 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
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Federal Register / Vol. 84, No. 151 / Tuesday, August 6, 2019 / Proposed Rules
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
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 Amendments
50A–F, which include an environmental
impact statement, a fishery impact
statement, a Regulatory Flexibility Act
(RFA) analysis, and a regulatory impact
review, may be obtained from the
website: https://sero.nmfs.noaa.gov/
sustainable_fisheries/gulf_fisheries/
reef_fish/2017/am46_gray_trigger/
documents/pdfs/gulf_reef_am46_gray_
trigg_final.pdf.
FOR FURTHER INFORMATION CONTACT:
Lauren Waters, Southeast Regional
Office, NMFS, telephone: 727–824–
5305; email: Lauren.Waters@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires each
regional fishery management council to
submit any FMP or amendment to
NMFS for review and approval, partial
approval, or disapproval. The
Magnuson-Stevens Act also requires
that NMFS, upon receiving an FMP or
amendment, publish an announcement
in the Federal Register notifying the
public that the FMP or amendment is
available for review and comment.
The FMP being revised by
Amendments 50A–F was prepared by
the Council and implemented by NMFS
through regulations at 50 CFR part 622
under the authority of the MagnusonStevens Act.
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Background
The red snapper stock annual catch
limit (ACL) is divided into commercial
(51 percent) and recreational (49
percent) sector allocations. In 2015,
through Amendment 40 to the FMP, the
recreational sector was separated into a
private angling component and a
Federal charter vessel and headboat (forhire) component until the end of 2022
(80 FR 22422, April 22, 2015). Within
the recreational sector, the recreational
ACL is allocated 57.7 percent to the
private angling component and 42.3
percent to the for-hire component.
Recreational harvest of red snapper in
Gulf Federal waters is managed through
a two-fish bag limit, a 16-inch (40.6 cm)
total length (TL) minimum size limit,
and fishing seasons for each component
that begin on June 1 and close when the
annual catch target (ACT) of the
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respective recreational component is
projected to be reached. However for the
2018 and 2019 fishing years, NMFS
issued exempted fishing permits to each
of the five Gulf states to allow each state
to set the fishing season for private
anglers landing in that state. The forhire component fishing season
continues to be set by NMFS. The Gulf
red snapper stock is not undergoing
overfishing, and is not overfished but
continues to be managed under a
rebuilding plan that ends in 2032.
From 1996 through 2014, the
recreational fishing season for red
snapper in Gulf Federal waters became
progressively shorter, and increased
catch rates and inconsistent (longer)
Gulf state water recreational fishing
seasons contributed to recreational
harvest overages. Recreational
fishermen throughout the Gulf have
requested more flexibility from the
Council and NMFS in recreational red
snapper management to provide greater
socio-economic benefits to their local
areas.
In 2017, the Council began developing
Amendments 50A–50F to establish state
management programs for the harvest of
red snapper in the Gulf by the
recreational sector. State management
refers to allowing a state to set some
regulations applicable to anglers landing
red snapper in that state (e.g.,
recreational bag limits and season
length), or in some circumstances
applicable to anglers fishing for red
snapper in Federal waters off that state
(e.g., closed areas). Amendment 50A
includes actions affecting all Gulf states
and the overall Federal management of
recreational red snapper, regardless of
whether all Gulf states participate in a
state management program.
Amendments 50B–F are individual
amendments for each Gulf state
(Louisiana, Mississippi, Alabama,
Florida, and Texas, respectively) and
contain the Council’s selection of
preferred alternatives for each
individual state management plan.
Management measures under a state’s
approved state management program
would have to achieve the same
conservation goals as the current
Federal management measures (e.g.,
constrain harvest to the state’s allocated
portion of the recreational ACL).
Although under state management for
measures controlling certain harvesting
activities, red snapper would remain a
federally managed species. The
Council’s Scientific and Statistical
Committee would continue to
recommend the acceptable biological
catch for red snapper, while the Council
would determine the total recreational
sector, component, and state ACLs.
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38199
Unless area closures off a state are
established in Federal waters,
enforcement would primarily be
conducted in state waters and dockside.
Actions Contained in Amendments
50A–F
Amendments 50A–F include
measures: Identifying the recreational
component to include in state
management programs; establishing the
state-specific allocation of the annual
catch limit (ACL); delegating the
authority to the states to establish the
recreational fishing season, recreational
bag limit, and size limits; establishing
the post-season ACL adjustments; and
establishing the procedure for states to
request an area closure in Federal
waters off their state.
Recreational Components Included in
State Management Programs
Currently, the Council and NMFS
establish all management measures for
both the Federal private angling and forhire components in Gulf Federal waters.
Amendments 50A–F would delegate to
each state the authority to establish
specific management measures
applicable to the private angling
component only. The Council and
NMFS would continue to specify all
management measures applicable to the
Federal for-hire component. The sunset
provision ending sector separation after
the 2022 fishing year would be
removed, and separate component ACLs
would continue to be set for each
component indefinitely. The Council
decided not to pursue state management
of the for-hire component at this time in
order to reduce the administrative
burden and potential complication of
enforcement in developing a program
for that component. The Council wanted
to have Amendments 50A–F
implemented for the 2020 fishing year,
and including the for-hire component
may have affected this timeline.
Delegation
Currently, each Gulf state decides
when to open and close their respective
state waters to fishing for reef fish.
These state water recreational reef fish
seasons may not be consistent with the
fishing seasons in Federal waters. In
state waters, the states establish other
management measures, such as
recreational bag limits and size limits,
while the Council has the responsibility
for reef fish management measures
applicable in Federal waters.
Amendments 50A–F would delegate
some management authority to a Gulf
state to regulate recreational harvest of
red snapper in Federal waters by private
anglers landing in that state. Each state
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would be required to establish the
private angling season structure for
harvest of its assigned portion of the
ACL, monitor landings, and prohibit
further landings of red snapper when
the state-specific component ACL is
reached or projected to be reached. Each
state would also be required to specify
a bag limit and a minimum size limit
within the range of 14 to 18 inches (35.6
cm to 45.7 cm), TL. In combination,
these measures must be expected to
maintain harvest levels within the
state’s ACL. A state could also establish
a maximum size limit.
If NMFS determines that a state’s red
snapper private angling regulations are
inconsistent with the FMP and the state
fails to correct the inconsistency after
notice and an opportunity to do so, or
a state does not specify the required
management measures, then NMFS
would suspend that state’s delegation
and publish a document in the Federal
Register stating that the default
management measures for the red
snapper private angling component
apply in Federal waters off that state.
The default management measures are
the current season (June 1 until the
projected closure date), bag limit (2 fish
per person per day), and minimum size
limit (16 inches (40.6 cm), TL).
The areas of Federal waters off Florida
and off Texas are currently defined in
the regulations. Amendment 50A would
specify the area of Federal waters off
Alabama, Mississippi, and Louisiana so
that each Gulf state would have a
defined Federal water boundary off that
state.
Allocation
Currently, the red snapper private
angling component ACL is managed as
a single unit for all of the Gulf states.
Amendment 50A would apportion the
private angling component ACL to each
state. The allocation would be based on
the allocations requested by each state
in its EFP application, which totaled
96.22 percent of the overall component
ACL. The remaining 3.78 percent would
be apportioned between Florida and
Alabama, proportionally, based on their
EFP allocation request. This results in
the apportionment of the private angling
ACL to each Gulf state as follows:
Alabama 26.298 percent (1,122,662 lb
(509,231 kg)), round weight, Florida
44.822 percent (1,913,451 lb (867,927
kg)), round weight, Louisiana 19.120
percent (816,233 lb (370,237 kg)), round
weight, Mississippi 3.550 percent
(151,550 lb (68,742 kg)), round weight,
and Texas 6.210 percent (265,105 lb
(120,250 kg)), round weight.
If NMFS suspends one or more state’s
delegation, NMFS would project the
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private angling season in Federal waters
off the applicable states based on the
remaining aggregate portion of the ACL
reduced by the established 20 percent
buffer that is used to determine the
Federal annual catch target. Anglers
who fish in Federal waters off a state
without an active delegation of
authority would fish under the default
Federal regulations described
previously.
Post-Season ACL Adjustments
Amendments 50B–F would establish
post-season quota adjustments. An
overage adjustment, or payback
provision, is an accountability measure
(AM) that reduces the following year’s
ACL by some specified amount, usually
the amount the ACL was exceeded. The
current recreational red snapper postseason AM applies when the stock is
classified as overfished and an overage
of the total recreational sector’s ACL
occurs. The AM requires NMFS to
reduce the recreational sector ACL and
ACT, and applicable component ACL
and ACT, in the year following an
overage of the total recreational ACL by
the full amount of the overage, unless
the best scientific information available
determines that a greater, lesser, or no
overage adjustment is necessary.
Amendments 50B–F would establish
post-season ACL overage adjustments
for states with an active delegation,
regardless of stock status. If the landings
of a state exceed that state’s ACL, then
in the following fishing year that state’s
ACL would be reduced by the amount
of the ACL overage in the prior fishing
year, unless the best scientific
information available determines that a
greater, lesser, or no overage adjustment
is necessary. The total recreational ACL
and the private angling component ACL
would also be reduced.
In Amendments 50B–F, the Council
expressed its intent to allow for
carryover of a state’s unused portion of
its ACL to the following fishing year if
permitted under a separate amendment
to the FMP that the Council was
developing to add a carryover provision
to the Acceptable Biological Catch
Control Rule. In June 2019, the Council
postponed work on that amendment.
Therefore, NMFS is not proposing to
implement this provision at this time.
Area Closures
Amendment 50A would allow a Gulf
state, consistent with the terms of an
active delegation, to request that NMFS
close all, or an area of, Federal waters
off that state to the harvest and
possession of red snapper by private
anglers. The state would request the
closure by letter to NMFS, providing
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dates and geographic coordinates for the
closure. If the request is within the
scope of the analysis in Amendment
50A, NMFS would publish a document
in the Federal Register implementing
the closure in Federal waters off that
state for the fishing year.
Based on the analysis in Amendment
50A, Texas would be able to request a
closure of all Federal waters off the state
to allow a year-round fishing season in
state waters and a limited season in
Federal waters. Florida would be able to
request a closure of Federal waters off
the state seaward of the 20-fathom (36.6m) depth contour, or seaward of the 35fathom (64.0-m) depth contour, for the
duration of Florida’s open private
angling component season. Alabama
would be able to request a closure of
Federal waters off the state seaward of
the 20-fathom (36.6-m) depth contour,
or seaward of the 35-fathom (64.0-m)
depth contour, for the duration of
Alabama’s open private angling
component season. Florida and
Alabama want the ability to close
deeper waters to potentially extend their
seasons by decreasing the average size
of fish landed. These areas were chosen
because an approximation for the 20fathom depth contour is currently
defined in 50 CFR 622.34(d) for the
seasonal shallow-water grouper closure,
and an approximation of the 35-fathom
depth contour is partially defined in 50
CFR 622.35(b) for the seasonal eastern
Gulf longline closure. The coordinates
for any closure off Texas, Florida, or
Alabama are provided in Appendix H of
Amendment 50A and would be
included in the Federal Register
document implementing the closure.
Neither Louisiana nor Mississippi
provided any potential closures to
analyze in Amendment 50A and these
states would not be able to request
Federal waters closures through this
process without further action by the
Council.
Proposed Rule for Amendments 50A–F
A proposed rule that would
implement Amendments 50A–F has
been drafted. In accordance with the
Magnuson-Stevens Act, NMFS is
evaluating the proposed rule to
determine whether it is consistent with
the FMP, the Magnuson-Stevens Act,
and other applicable law. If that
determination is affirmative, NMFS will
publish the proposed rule in the Federal
Register for public review and
comment.
Consideration of Public Comments
The Council has submitted
Amendments 50A–F for Secretarial
review, approval, and implementation.
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Comments on Amendments 50A–F must
be received by October 7, 2019.
Comments received during the
respective comment periods, whether
specifically directed to Amendments
50A–F or the proposed rule, will be
considered by NMFS in its decision to
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approve, partially approve, or
disapprove Amendments 50A–F and
will be addressed in the final rule.
All comments received by NMFS on
Amendments 50A–F or the proposed
rule during their respective comment
periods will be addressed in the final
rule.
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38201
Authority: 16 U.S.C. 1801 et seq.
Dated: July 31, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2019–16657 Filed 8–5–19; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 84, Number 151 (Tuesday, August 6, 2019)]
[Proposed Rules]
[Pages 38198-38201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16657]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BI84
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; State Management Program;
Amendments 50A-F
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Gulf of Mexico (Gulf) Fishery Management Council (Council)
has submitted Amendments 50A, 50B, 50C, 50D, 50E, and 50F to the
Fishery Management Plan for the Reef Fish Resources of the Gulf of
Mexico (FMP), for review, approval, and implementation by NMFS
(Amendments 50A-F). Amendments 50A-F would delegate authority to
Louisiana, Mississippi, Alabama, Florida, and Texas (Gulf states), to
establish specific management measures for the harvest of red snapper
in Federal waters in the Gulf by the private angling component of the
recreational sector. The purposes of Amendments 50A-F are to increase
fishing opportunities and economic benefits by allowing each Gulf state
to establish specific management measures for the recreational harvest
of red snapper in Federal waters by private anglers landing in that
state.
DATES: Written comments must be received on or before October 7, 2019.
ADDRESSES: You may submit comments on Amendments 50A-F identified by
``NOAA-NMFS-2017-0122'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0122, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Lauren Waters, 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
[[Page 38199]]
viewing on www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), 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 Amendments 50A-F, which include an
environmental impact statement, a fishery impact statement, a
Regulatory Flexibility Act (RFA) analysis, and a regulatory impact
review, may be obtained from the website: https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2017/am46_gray_trigger/documents/pdfs/gulf_reef_am46_gray_trigg_final.pdf.
FOR FURTHER INFORMATION CONTACT: Lauren Waters, Southeast Regional
Office, NMFS, telephone: 727-824-5305; email: [email protected].
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any FMP or amendment to NMFS for
review and approval, partial approval, or disapproval. The Magnuson-
Stevens Act also requires that NMFS, upon receiving an FMP or
amendment, publish an announcement in the Federal Register notifying
the public that the FMP or amendment is available for review and
comment.
The FMP being revised by Amendments 50A-F was prepared by the
Council and implemented by NMFS through regulations at 50 CFR part 622
under the authority of the Magnuson-Stevens Act.
Background
The red snapper stock annual catch limit (ACL) is divided into
commercial (51 percent) and recreational (49 percent) sector
allocations. In 2015, through Amendment 40 to the FMP, the recreational
sector was separated into a private angling component and a Federal
charter vessel and headboat (for-hire) component until the end of 2022
(80 FR 22422, April 22, 2015). Within the recreational sector, the
recreational ACL is allocated 57.7 percent to the private angling
component and 42.3 percent to the for-hire component. Recreational
harvest of red snapper in Gulf Federal waters is managed through a two-
fish bag limit, a 16-inch (40.6 cm) total length (TL) minimum size
limit, and fishing seasons for each component that begin on June 1 and
close when the annual catch target (ACT) of the respective recreational
component is projected to be reached. However for the 2018 and 2019
fishing years, NMFS issued exempted fishing permits to each of the five
Gulf states to allow each state to set the fishing season for private
anglers landing in that state. The for-hire component fishing season
continues to be set by NMFS. The Gulf red snapper stock is not
undergoing overfishing, and is not overfished but continues to be
managed under a rebuilding plan that ends in 2032.
From 1996 through 2014, the recreational fishing season for red
snapper in Gulf Federal waters became progressively shorter, and
increased catch rates and inconsistent (longer) Gulf state water
recreational fishing seasons contributed to recreational harvest
overages. Recreational fishermen throughout the Gulf have requested
more flexibility from the Council and NMFS in recreational red snapper
management to provide greater socio-economic benefits to their local
areas.
In 2017, the Council began developing Amendments 50A-50F to
establish state management programs for the harvest of red snapper in
the Gulf by the recreational sector. State management refers to
allowing a state to set some regulations applicable to anglers landing
red snapper in that state (e.g., recreational bag limits and season
length), or in some circumstances applicable to anglers fishing for red
snapper in Federal waters off that state (e.g., closed areas).
Amendment 50A includes actions affecting all Gulf states and the
overall Federal management of recreational red snapper, regardless of
whether all Gulf states participate in a state management program.
Amendments 50B-F are individual amendments for each Gulf state
(Louisiana, Mississippi, Alabama, Florida, and Texas, respectively) and
contain the Council's selection of preferred alternatives for each
individual state management plan.
Management measures under a state's approved state management
program would have to achieve the same conservation goals as the
current Federal management measures (e.g., constrain harvest to the
state's allocated portion of the recreational ACL). Although under
state management for measures controlling certain harvesting
activities, red snapper would remain a federally managed species. The
Council's Scientific and Statistical Committee would continue to
recommend the acceptable biological catch for red snapper, while the
Council would determine the total recreational sector, component, and
state ACLs. Unless area closures off a state are established in Federal
waters, enforcement would primarily be conducted in state waters and
dockside.
Actions Contained in Amendments 50A-F
Amendments 50A-F include measures: Identifying the recreational
component to include in state management programs; establishing the
state-specific allocation of the annual catch limit (ACL); delegating
the authority to the states to establish the recreational fishing
season, recreational bag limit, and size limits; establishing the post-
season ACL adjustments; and establishing the procedure for states to
request an area closure in Federal waters off their state.
Recreational Components Included in State Management Programs
Currently, the Council and NMFS establish all management measures
for both the Federal private angling and for-hire components in Gulf
Federal waters. Amendments 50A-F would delegate to each state the
authority to establish specific management measures applicable to the
private angling component only. The Council and NMFS would continue to
specify all management measures applicable to the Federal for-hire
component. The sunset provision ending sector separation after the 2022
fishing year would be removed, and separate component ACLs would
continue to be set for each component indefinitely. The Council decided
not to pursue state management of the for-hire component at this time
in order to reduce the administrative burden and potential complication
of enforcement in developing a program for that component. The Council
wanted to have Amendments 50A-F implemented for the 2020 fishing year,
and including the for-hire component may have affected this timeline.
Delegation
Currently, each Gulf state decides when to open and close their
respective state waters to fishing for reef fish. These state water
recreational reef fish seasons may not be consistent with the fishing
seasons in Federal waters. In state waters, the states establish other
management measures, such as recreational bag limits and size limits,
while the Council has the responsibility for reef fish management
measures applicable in Federal waters. Amendments 50A-F would delegate
some management authority to a Gulf state to regulate recreational
harvest of red snapper in Federal waters by private anglers landing in
that state. Each state
[[Page 38200]]
would be required to establish the private angling season structure for
harvest of its assigned portion of the ACL, monitor landings, and
prohibit further landings of red snapper when the state-specific
component ACL is reached or projected to be reached. Each state would
also be required to specify a bag limit and a minimum size limit within
the range of 14 to 18 inches (35.6 cm to 45.7 cm), TL. In combination,
these measures must be expected to maintain harvest levels within the
state's ACL. A state could also establish a maximum size limit.
If NMFS determines that a state's red snapper private angling
regulations are inconsistent with the FMP and the state fails to
correct the inconsistency after notice and an opportunity to do so, or
a state does not specify the required management measures, then NMFS
would suspend that state's delegation and publish a document in the
Federal Register stating that the default management measures for the
red snapper private angling component apply in Federal waters off that
state. The default management measures are the current season (June 1
until the projected closure date), bag limit (2 fish per person per
day), and minimum size limit (16 inches (40.6 cm), TL).
The areas of Federal waters off Florida and off Texas are currently
defined in the regulations. Amendment 50A would specify the area of
Federal waters off Alabama, Mississippi, and Louisiana so that each
Gulf state would have a defined Federal water boundary off that state.
Allocation
Currently, the red snapper private angling component ACL is managed
as a single unit for all of the Gulf states. Amendment 50A would
apportion the private angling component ACL to each state. The
allocation would be based on the allocations requested by each state in
its EFP application, which totaled 96.22 percent of the overall
component ACL. The remaining 3.78 percent would be apportioned between
Florida and Alabama, proportionally, based on their EFP allocation
request. This results in the apportionment of the private angling ACL
to each Gulf state as follows: Alabama 26.298 percent (1,122,662 lb
(509,231 kg)), round weight, Florida 44.822 percent (1,913,451 lb
(867,927 kg)), round weight, Louisiana 19.120 percent (816,233 lb
(370,237 kg)), round weight, Mississippi 3.550 percent (151,550 lb
(68,742 kg)), round weight, and Texas 6.210 percent (265,105 lb
(120,250 kg)), round weight.
If NMFS suspends one or more state's delegation, NMFS would project
the private angling season in Federal waters off the applicable states
based on the remaining aggregate portion of the ACL reduced by the
established 20 percent buffer that is used to determine the Federal
annual catch target. Anglers who fish in Federal waters off a state
without an active delegation of authority would fish under the default
Federal regulations described previously.
Post-Season ACL Adjustments
Amendments 50B-F would establish post-season quota adjustments. An
overage adjustment, or payback provision, is an accountability measure
(AM) that reduces the following year's ACL by some specified amount,
usually the amount the ACL was exceeded. The current recreational red
snapper post-season AM applies when the stock is classified as
overfished and an overage of the total recreational sector's ACL
occurs. The AM requires NMFS to reduce the recreational sector ACL and
ACT, and applicable component ACL and ACT, in the year following an
overage of the total recreational ACL by the full amount of the
overage, unless the best scientific information available determines
that a greater, lesser, or no overage adjustment is necessary.
Amendments 50B-F would establish post-season ACL overage adjustments
for states with an active delegation, regardless of stock status. If
the landings of a state exceed that state's ACL, then in the following
fishing year that state's ACL would be reduced by the amount of the ACL
overage in the prior fishing year, unless the best scientific
information available determines that a greater, lesser, or no overage
adjustment is necessary. The total recreational ACL and the private
angling component ACL would also be reduced.
In Amendments 50B-F, the Council expressed its intent to allow for
carryover of a state's unused portion of its ACL to the following
fishing year if permitted under a separate amendment to the FMP that
the Council was developing to add a carryover provision to the
Acceptable Biological Catch Control Rule. In June 2019, the Council
postponed work on that amendment. Therefore, NMFS is not proposing to
implement this provision at this time.
Area Closures
Amendment 50A would allow a Gulf state, consistent with the terms
of an active delegation, to request that NMFS close all, or an area of,
Federal waters off that state to the harvest and possession of red
snapper by private anglers. The state would request the closure by
letter to NMFS, providing dates and geographic coordinates for the
closure. If the request is within the scope of the analysis in
Amendment 50A, NMFS would publish a document in the Federal Register
implementing the closure in Federal waters off that state for the
fishing year.
Based on the analysis in Amendment 50A, Texas would be able to
request a closure of all Federal waters off the state to allow a year-
round fishing season in state waters and a limited season in Federal
waters. Florida would be able to request a closure of Federal waters
off the state seaward of the 20-fathom (36.6-m) depth contour, or
seaward of the 35-fathom (64.0-m) depth contour, for the duration of
Florida's open private angling component season. Alabama would be able
to request a closure of Federal waters off the state seaward of the 20-
fathom (36.6-m) depth contour, or seaward of the 35-fathom (64.0-m)
depth contour, for the duration of Alabama's open private angling
component season. Florida and Alabama want the ability to close deeper
waters to potentially extend their seasons by decreasing the average
size of fish landed. These areas were chosen because an approximation
for the 20-fathom depth contour is currently defined in 50 CFR
622.34(d) for the seasonal shallow-water grouper closure, and an
approximation of the 35-fathom depth contour is partially defined in 50
CFR 622.35(b) for the seasonal eastern Gulf longline closure. The
coordinates for any closure off Texas, Florida, or Alabama are provided
in Appendix H of Amendment 50A and would be included in the Federal
Register document implementing the closure. Neither Louisiana nor
Mississippi provided any potential closures to analyze in Amendment 50A
and these states would not be able to request Federal waters closures
through this process without further action by the Council.
Proposed Rule for Amendments 50A-F
A proposed rule that would implement Amendments 50A-F has been
drafted. In accordance with the Magnuson-Stevens Act, NMFS is
evaluating the proposed rule to determine whether it is consistent with
the FMP, the Magnuson-Stevens Act, and other applicable law. If that
determination is affirmative, NMFS will publish the proposed rule in
the Federal Register for public review and comment.
Consideration of Public Comments
The Council has submitted Amendments 50A-F for Secretarial review,
approval, and implementation.
[[Page 38201]]
Comments on Amendments 50A-F must be received by October 7, 2019.
Comments received during the respective comment periods, whether
specifically directed to Amendments 50A-F or the proposed rule, will be
considered by NMFS in its decision to approve, partially approve, or
disapprove Amendments 50A-F and will be addressed in the final rule.
All comments received by NMFS on Amendments 50A-F or the proposed
rule during their respective comment periods will be addressed in the
final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 31, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2019-16657 Filed 8-5-19; 8:45 am]
BILLING CODE 3510-22-P
