Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendments 50A-F, 52438-52442 [2019-21259]
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Federal Register / Vol. 84, No. 191 / Wednesday, October 2, 2019 / Proposed Rules
management systems practices) are
standards that are developed or adopted
by voluntary consensus standards
bodies. FMCSA does not intend to adopt
its own technical standard, thus there is
no need to submit a separate statement
to OMB on this matter. The standard
being incorporated in this proposed rule
is discussed in detail in sections V,
Discussion of Proposed Rulemaking,
and VII, Section by Section Analysis,
and is reasonably available at FMCSA
and through the CVSA website.
P. Environment (National
Environmental Policy Act)
FMCSA analyzed this rule consistent
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and
determined this action is categorically
excluded from further analysis and
documentation in an environmental
assessment or environmental impact
statement under FMCSA Order 5610.1
(69 FR 9680, March 1, 2004), Appendix
2, paragraph (6)(b). This Categorical
Exclusion (CE) covers minor revisions to
regulations. The content in this
proposed rule is covered by this CE,
there are no extraordinary
circumstances present, and the
proposed action does not have any
effect on the quality of the environment.
The CE determination is available for
inspection or copying in the
Regulations.gov website listed under
ADDRESSES.
List of Subjects in 49 CFR Part 385
Administrative practice and
procedure, Highway safety,
Incorporation by reference, Mexico,
Motor carriers, Motor vehicle safety,
Reporting and recordkeeping
requirements.
In consideration of the foregoing,
FMCSA proposes to amend 49 CFR
chapter III, part 385, as set forth below:
PART 385—SAFETY FITNESS
PROCEDURES
1. The authority citation for part 385
is revised to read as follows:
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Authority: 49 U.S.C. 113, 504, 521(b),
5105(d), 5109, 5113 13901–13905, 13908,
31135, 31136, 31144, 31148, and 31502; Sec.
113(a), Pub. L. 103–311, 108 Stat. 1673, 1676;
Sec. 408, Pub. L. 104–88, 109 Stat. 803, 958;
Sec. 350 of Pub. L. 107–87, 115 Stat. 833,
864; and 49 CFR 1.87.
2. Revise § 385.4(b)(1) to read as
follows:
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§ 385.4
Matter incorporated by reference.
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(b) * * *
(1) ‘‘North American Standard Out-ofService Criteria and Level VI Inspection
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Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles
Transporting Transuranics and Highway
Route Controlled Quantities of
Radioactive Materials as defined in 49
CFR part 173.403,’’ April 1, 2019,
incorporation by reference approved for
§ 385.415(b).
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Issued under authority delegated in 49 CFR
1.87 on:
Dated: September 19, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019–20905 Filed 10–1–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 190925–0045]
RIN 0648–BI84
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Amendments 50A–F
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in
Amendments 50A, 50B, 50C, 50D, 50E,
and 50F to the Fishery Management
Plan for Reef Fish Resources in the Gulf
of Mexico (FMP), as prepared by the
Gulf of Mexico Fishery Management
Council (Council)(Amendments 50A–F).
This proposed rule 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 of Mexico
(Gulf) by the private angling component
of the recreational sector. The purposes
of this proposed rule and 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 November 1, 2019.
ADDRESSES: You may submit comments
on this proposed rule identified by
SUMMARY:
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‘‘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, NMFS Southeast
Regional Office, 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 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 may be obtained from the
website: https://www.fisheries.noaa.gov/
action/amendment-50a-f-statemanagement-program-recreational-redsnapper. Amendments 50A–F includes
an environmental impact statement,
fishery impact statement, regulatory
impact review, and a Regulatory
Flexibility Act (RFA) analysis.
FOR FURTHER INFORMATION CONTACT:
Lauren Waters, NMFS Southeast
Regional Office, telephone: 727–824–
5305; email: lauren.waters@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Council manage the Gulf reef fish
fishery, which includes red snapper,
under the FMP. The Council prepared
the FMP 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 red snapper stock annual catch
limit (ACL) is divided into commercial
(51 percent) and recreational (49
percent) sector allocations. In 2015,
though 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 2022 (80 FR
22422, April 22, 2015). Within the
recreational sector, the recreational ACL
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Federal Register / Vol. 84, No. 191 / Wednesday, October 2, 2019 / Proposed Rules
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 fishing
season for the for-hire component
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
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
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management for measures controlling
certain harvest activities, red snapper
would remain a federally managed
species. The Council’s Scientific and
Statistical Committee would continue to
recommend the acceptable biola ogical
catch for red snapper, while the Council
would determine the total recreational
sector, component, and state ACLs.
Management Measures Contained in
This Proposed Rule
This proposed rule would delegate
authority to each of the Gulf states to
establish specific management measures
applicable to private anglers in Gulf
Federal waters who are landing red
snapper in that state. This rule would
also allow Texas, Alabama, and Florida
to request that NMFS close areas of
Federal waters to the harvest and
possession of red snapper by private
anglers, consistent with the analysis
provided in Amendment 50A.
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.
This proposed rule 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
provision ending sector separation after
the 2022 fishing year would be
removed, and separate ACLs would
continue to be set for each recreational
component indefinitely.
NMFS notes that while Amendments
50A–F and this proposed rule apply to
the recreational red snapper private
angling component, a vessel with only
state-issued for-hire permits, that fishes
under a state’s private angling
component ACL, may not fish in
Federal waters.
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. This
proposed rule would delegate some
management authority to a Gulf state to
regulate recreational harvest of red
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52439
snapper in Federal waters by private
anglers landing in that state. Each state
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.
Unless an area of Federal waters is
closed to the harvest and possession of
red snapper, NMFS expects that
enforcement would primarily be
conducted in state waters and dockside.
However, under the delegation, private
anglers would be required to comply
with the fishing license or permit
requirements of the state in which they
intend to land the fish and may possess
red snapper in Federal waters only if in
compliance with that state’s season, bag
limit, and minimum size limit.
If NMFS determines that a state’s red
snapper private angling-component
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
notice 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 50 CFR 622.2. This proposed
rule would add definitions of ‘‘off
Alabama,’’ ‘‘off Mississippi,’’ and ‘‘off
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.
This proposed rule 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
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Alabama, proportionally, based on their
EFP allocation request. Therefore, this
proposed rule would establish 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 (season, size limit,
and bag limit) as described previously.
Post-Season ACL Adjustments
The proposed rule would establish
post-season accountability measures
(AM). An overage adjustment, or
payback provision, is an 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. This 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. This
proposed rule would establish postseason 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 total 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
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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
This proposed rule 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 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 notice 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 their 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 notice
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.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
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Assistant Administrator has determined
that this proposed rule is consistent
with the FMP, the Magnuson-Stevens
Act, and other applicable laws, subject
to further consideration after public
comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides
the statutory basis for this proposed
rule. No duplicative, overlapping, or
conflicting Federal rules have been
identified. A description of this
proposed rule and its purpose and need
are contained in the SUMMARY section of
the preamble.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
certification is as follows.
The rule concerns state management
of recreational fishing for red snapper
from private/leased vessels in the Gulf
exclusive economic zone (EEZ). The
only entities that would be directly
affected by the rule are the Gulf states:
Alabama, Florida, Louisiana,
Mississippi, and Texas. States are not
small entities. Anglers (recreational
fishers) who fish for red snapper in the
Gulf EEZ would be indirectly affected;
however, anglers are not considered
small entities as that term is defined in
5 U.S.C. 601(6) and the RFA does not
consider indirect impacts. For-hire
fishing businesses with vessels that are
permitted to take anglers into the Gulf
EEZ to fish for red snapper would not
be affected. Hence, this rule would not
have a significant economic impact on
a substantial number of small entities
and an initial regulatory flexibility
analysis is not required and none has
been prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf, Recreational,
Red snapper.
Dated: September 25, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be amended as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
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Authority: 16 U.S.C. 1801 et seq.
2. In § 622.1, paragraph (d), Table 1,
add footnote 9 to the entry for ‘‘FMP for
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§ 622.1
the Reef Fish Resources of the Gulf of
Mexico’’, to read as follows:
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Purpose and scope.
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(d) * * *
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TABLE 1—FMPS IMPLEMENTED UNDER PART 622
FMP title
Responsible
fishery
management
council(s)
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FMP for the Reef Fish Resources of the Gulf of Mexico ....................................................................
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GMFMC ...................
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Geographical area
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Gulf.1 3 4 7 9
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9 Certain
provisions for the management of the private angling component of recreational red snapper in the Gulf EEZ have been delegated to
the Gulf states, as specified in § 622.23.
3. In § 622.2, remove the combined
definition of ‘‘Off Louisiana,
Mississippi, and Alabama’’ and in
alphabetical order, add specific
definitions for ‘‘Off Alabama’’, ‘‘Off
Louisiana’’ and ‘‘Off Mississippi’’ and to
read as follows:
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§ 622.2
Definitions and acronyms.
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Off Alabama means the waters in the
Gulf west of a rhumb line at 87°31.1′ W
long., which is a line directly south
from the Alabama/Florida boundary, to
a rhumb line at 88°23.1′ W long., which
is a line directly south from the
Mississippi/Alabama boundary.
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Off Louisiana means the waters in the
Gulf west of a rhumb line at 89°10.0′ W
long., which is a line extending directly
south from South Pass Light, to a rhumb
line beginning at 29°32.1′ N lat.,
93°47.7′ W long. and extending to
26°11.4′ N lat., 92°53.0′ W long., which
line is an extension of the boundary
between Louisiana and Texas.
Off Mississippi means the waters in
the Gulf west of a rhumb line at 88°23.1′
W long., which is a line directly south
from the Mississippi/Alabama
boundary, to a rhumb line at 89°10.0′ W
long., which is a line extending directly
south from South Pass Light.
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■ 4. In § 622.3, add paragraph (f) to read
as follows:
§ 622.3 Relation to other laws and
regulations.
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(f) State management of the Gulf red
snapper recreational sector private
angling component. Alabama, Florida,
Louisiana, Mississippi, and Texas are
delegated the authority to specify
certain management measures related to
the harvest and possession of red
snapper by the private angling
component in the Gulf EEZ. See
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§ 622.23 for the Gulf recreational red
snapper management measures that
have been delegated.
■ 5. Section 622.23 is added to read as
follows:
§ 622.23 State management of the red
snapper recreational sector private angling
component in the Gulf EEZ.
(a) Delegation. Alabama, Florida,
Louisiana, Mississippi, and Texas (Gulf
states) are delegated the authority to
manage certain aspects of recreational
red snapper harvest by the private
angling component in the Gulf EEZ (i.e.,
delegation). All other management
measures for recreational red snapper in
the Gulf EEZ not specified in this
section continue to apply during state
management.
(1) Delegation of authority. As
described in the FMP for the Reef Fish
Resources of the Gulf of Mexico, each
Gulf state must specify the red snapper
private angling component fishing
season start and end dates to maintain
harvest levels within the state’s ACL, as
stated in paragraph (a)(1)(ii) of this
section. Each state must also specify a
recreational bag limit and a minimum
size limit within the range of 14 to 18
inches (35.6 cm to 45.7 cm), total length.
Each state may specify a maximum size
limit. If NMFS determines that a state’s
red snapper private angling component
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 set forth above, i.e., fishing
season start and end dates, a
recreational bag limit, and a minimum
size limit, then NMFS will publish a
notice in the Federal Register stating
that the default management measures
for the red snapper private angling
component, as described in paragraph
(a)(2) of this section, apply in the EEZ
off that state.
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(i) State management areas. For
purposes of the delegation of the
authority to establish certain
management measures for the red
snapper private angling component, five
areas in the Gulf EEZ have been
established; one off each of the five Gulf
states: Alabama, Florida, Louisiana,
Mississippi, and Texas. The boundaries
off each state are described in § 622.2.
(ii) State private angling component
ACLs. All ACLs specified below are in
round weight.
(A) Alabama regional management
area—1,122,662 lb (509,231 kg).
(B) Florida regional management
area—1,913,451 lb (867,927 kg).
(C) Louisiana regional management
area—816,233 lb (370,237 kg).
(D) Mississippi regional management
area—151,550 lb (68,742 kg).
(E) Texas regional management
area—265,105 lb (120,250 kg).
(2) Default management measures. If
a state’s delegation is suspended, the
Federal management measures for the
private angling season, recreational bag
limit, and minimum size limit as
described in §§ 622.34(b)(seasonal
closure), 622.37(a)(1)(size limit),
622.38(b)(3)(bag limit), and
622.41(q)(2)(i)(season length) apply in
the EEZ off that state. All other
management measures not specified in
this section remain in effect.
(b) Post-season ACL adjustments for
states with an active delegation. If a
state’s red snapper private angling
component landings exceed the
applicable state’s component ACL
specified in paragraph (a)(1)(ii) of this
section, the AA will file a notification
with the Office of the Federal Register,
at or near the beginning of the following
fishing year, reducing that state’s private
angling ACL 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.
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Federal Register / Vol. 84, No. 191 / Wednesday, October 2, 2019 / Proposed Rules
(c) Area closures. As described in the
FMP, for the red snapper private angling
component, a state with an active
delegation may request that NMFS
establish an area closure in the EEZ off
that state that prohibits the private
angling component from harvesting or
possessing red snapper. If NMFS
determines that the request is within the
scope of the analysis in the FMP, NMFS
will publish a notice in the Federal
Register to implement the requested
closure for the fishing year.
■ 6. In § 622.34, revise paragraph (b) to
read as follows:
§ 622.34 Seasonal and area closures
designed to protect Gulf reef fish.
*
*
*
*
*
(b) Seasonal closure of the
recreational sector for red snapper. The
recreational sector for red snapper in or
from the Gulf EEZ is closed from
January 1 through May 31, each year.
During the closure, the bag and
possession limit for red snapper in or
from the Gulf EEZ is zero. See
§ 622.23(a)(1) regarding the fishing
season for states with an active
delegation of state management of the
red snapper private angling component.
A person subject to the private angling
component bag limit under an active
delegation of state management must be
in compliance with the fishing license
(permit) requirements of the state in
which they intend to land the fish and
may not possess red snapper in the Gulf
EEZ when that state season is closed.
*
*
*
*
*
■ 7. In § 622.37, revise paragraph (a)(1)
to read as follows:
§ 622.37
Size limits.
khammond on DSKJM1Z7X2PROD with PROPOSALS
*
*
*
*
*
(a) * * *
(1) Red snapper—16 inches (40.6 cm),
TL, for a fish taken by a person subject
to the bag limit specified in § 622.38
(b)(3) and 13 inches (33.0 cm), TL, for
a fish taken by a person not subject to
the bag limit. See § 622.23(a)(1)
regarding the minimum size limit for
states with an active delegation of state
management of the red snapper private
angling component. A person subject to
the private angling component bag limit
under an active delegation of state
management must be in compliance
with the fishing license (permit)
requirements of the state in which they
intend to land the fish and may not
possess red snapper in the Gulf EEZ that
are smaller than may be possessed in
that state. Additionally, fish taken by
persons subject to the private angling
component bag limit under state
VerDate Sep<11>2014
16:10 Oct 01, 2019
Jkt 250001
management may not be less than 14
inches (35.6 cm), TL, in the Gulf EEZ.
*
*
*
*
*
■ 8. In § 622.38, revise paragraph (b)(3)
to read as follows:
§ 622.38
Bag and possession limits.
*
*
*
*
*
(b) * * *
(3) Red snapper—2. However, no red
snapper may be retained by the captain
or crew of a vessel operating as a charter
vessel or headboat. The bag limit for
such captain and crew is zero. See
§ 622.23(a)(1) regarding the bag limit
applicability for states with an active
delegation of state management of the
red snapper private angling component.
A person subject to the private angling
component bag limit under an active
delegation of state management must be
in compliance with the fishing license
(permit) requirements of the state in
which they intend to land the fish and
may not possess more red snapper in
the Gulf EEZ than may be possessed in
that state.
*
*
*
*
*
■ 9. In § 622.39, revise paragraphs
(a)(2)(i)(B) and (C) to read as follows:
§ 622.39
Quotas.
*
*
*
*
*
(a) * * *
(2) * * *
(i) * * *
(B) Federal charter vessel/headboat
component quota. The Federal charter
vessel/headboat component quota
applies to vessels that have been issued
a valid Federal charter vessel/headboat
permit for Gulf reef fish any time during
the fishing year. A person aboard a
vessel that has been issued a charter
vessel/headboat permit for Gulf reef fish
any time during the fishing year may
not harvest or possess red snapper in or
from the Gulf EEZ when the Federal
charter vessel/headboat component is
closed. The Federal charter vessel/
headboat component quota is 3.130
million lb (1.420 million kg), round
weight.
(C) Private angling component quota.
The private angling component quota
applies to vessels that fish under the bag
limit and have not been issued a Federal
charter vessel/headboat permit for Gulf
reef fish any time during the fishing
year. The private angling component
quota is 4.269 million lb (1.936 million
kg), round weight.
*
*
*
*
*
■ 10. In § 622.41, add a sentence to the
end of paragraph (q)(2)(i) and revise
paragraph (q)(2)(iii) to read as follows:
PO 00000
Frm 00059
Fmt 4702
Sfmt 4702
§ 622.41 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(q) * * *
(2) * * *
(i) * * * See § 622.23(a)(1) regarding
the fishing season for the private angling
component for states with an active
delegation.
*
*
*
*
*
(iii) * * *
(A) [Reserved]
(B) Federal charter vessel/headboat
component ACT. The Federal charter
vessel/headboat component ACT
applies to vessels that have been issued
a valid Federal charter vessel/headboat
permit for Gulf reef fish any time during
the fishing year. A person aboard a
vessel that has been issued a charter
vessel/headboat permit for Gulf reef fish
any time during the fishing year may
not harvest or possess red snapper in or
from the Gulf EEZ when the Federal
charter vessel/headboat component is
closed. For the 2019 fishing year, the
component ACT is 2.848 million lb
(1.292 million kg), round weight. For
the 2020 and subsequent fishing years,
the component ACT is 2.504 million lb
(1.136 million lb), round weight.
(C) Private angling component ACT.
The private angling component ACT
applies to vessels that fish under the bag
limit and have not been issued a Federal
charter vessel/headboat permit for Gulf
reef fish any time during the fishing
year. The component ACT is 3.415
million lb (1.549 million kg), round
weight.
*
*
*
*
*
[FR Doc. 2019–21259 Filed 10–1–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 190925–0043]
RIN 0648–BJ03
Fisheries of the Exclusive Economic
Zone Off Alaska; Rockfish
Management in the Groundfish
Fisheries of the Bering Sea and
Aleutian Islands and the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
E:\FR\FM\02OCP1.SGM
02OCP1
]]>Agencies
[Federal Register Volume 84, Number 191 (Wednesday, October 2, 2019)]
[Proposed Rules]
[Pages 52438-52442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21259]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 190925-0045]
RIN 0648-BI84
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Amendments 50A-F
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement management measures described in
Amendments 50A, 50B, 50C, 50D, 50E, and 50F to the Fishery Management
Plan for Reef Fish Resources in the Gulf of Mexico (FMP), as prepared
by the Gulf of Mexico Fishery Management Council (Council)(Amendments
50A-F). This proposed rule 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 of Mexico (Gulf) by the private angling component of
the recreational sector. The purposes of this proposed rule and
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 November 1, 2019.
ADDRESSES: You may submit comments on this proposed rule 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, NMFS
Southeast Regional Office, 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
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 may be obtained from the
website: https://www.fisheries.noaa.gov/action/amendment-50a-f-state-management-program-recreational-red-snapper. Amendments 50A-F includes
an environmental impact statement, fishery impact statement, regulatory
impact review, and a Regulatory Flexibility Act (RFA) analysis.
FOR FURTHER INFORMATION CONTACT: Lauren Waters, NMFS Southeast Regional
Office, telephone: 727-824-5305; email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef
fish fishery, which includes red snapper, under the FMP. The Council
prepared the FMP 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 red snapper stock annual catch limit (ACL) is divided into
commercial (51 percent) and recreational (49 percent) sector
allocations. In 2015, though 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 2022 (80 FR
22422, April 22, 2015). Within the recreational sector, the
recreational ACL
[[Page 52439]]
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 fishing season for the for-hire component 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 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 harvest activities, red snapper would
remain a federally managed species. The Council's Scientific and
Statistical Committee would continue to recommend the acceptable biola
ogical catch for red snapper, while the Council would determine the
total recreational sector, component, and state ACLs.
Management Measures Contained in This Proposed Rule
This proposed rule would delegate authority to each of the Gulf
states to establish specific management measures applicable to private
anglers in Gulf Federal waters who are landing red snapper in that
state. This rule would also allow Texas, Alabama, and Florida to
request that NMFS close areas of Federal waters to the harvest and
possession of red snapper by private anglers, consistent with the
analysis provided in Amendment 50A.
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. This proposed rule 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 provision ending sector separation after the 2022
fishing year would be removed, and separate ACLs would continue to be
set for each recreational component indefinitely.
NMFS notes that while Amendments 50A-F and this proposed rule apply
to the recreational red snapper private angling component, a vessel
with only state-issued for-hire permits, that fishes under a state's
private angling component ACL, may not fish in Federal waters.
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. This proposed rule 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 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.
Unless an area of Federal waters is closed to the harvest and
possession of red snapper, NMFS expects that enforcement would
primarily be conducted in state waters and dockside. However, under the
delegation, private anglers would be required to comply with the
fishing license or permit requirements of the state in which they
intend to land the fish and may possess red snapper in Federal waters
only if in compliance with that state's season, bag limit, and minimum
size limit.
If NMFS determines that a state's red snapper private angling-
component 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 notice 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 50
CFR 622.2. This proposed rule would add definitions of ``off Alabama,''
``off Mississippi,'' and ``off 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. This proposed rule 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
[[Page 52440]]
Alabama, proportionally, based on their EFP allocation request.
Therefore, this proposed rule would establish 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 (season, size limit, and bag limit) as described
previously.
Post-Season ACL Adjustments
The proposed rule would establish post-season accountability
measures (AM). An overage adjustment, or payback provision, is an 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. This 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. This proposed rule 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 total 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
This proposed rule 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 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 notice 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 their 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 notice 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.
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 FMP, the Magnuson-Stevens Act, and other applicable
laws, subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the statutory basis for this
proposed rule. No duplicative, overlapping, or conflicting Federal
rules have been identified. A description of this proposed rule and its
purpose and need are contained in the SUMMARY section of the preamble.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this certification is as follows.
The rule concerns state management of recreational fishing for red
snapper from private/leased vessels in the Gulf exclusive economic zone
(EEZ). The only entities that would be directly affected by the rule
are the Gulf states: Alabama, Florida, Louisiana, Mississippi, and
Texas. States are not small entities. Anglers (recreational fishers)
who fish for red snapper in the Gulf EEZ would be indirectly affected;
however, anglers are not considered small entities as that term is
defined in 5 U.S.C. 601(6) and the RFA does not consider indirect
impacts. For-hire fishing businesses with vessels that are permitted to
take anglers into the Gulf EEZ to fish for red snapper would not be
affected. Hence, this rule would not have a significant economic impact
on a substantial number of small entities and an initial regulatory
flexibility analysis is not required and none has been prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf, Recreational, Red snapper.
Dated: September 25, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended 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:
[[Page 52441]]
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.1, paragraph (d), Table 1, add footnote 9 to the entry
for ``FMP for the Reef Fish Resources of the Gulf of Mexico'', to read
as follows:
Sec. 622.1 Purpose and scope.
* * * * *
(d) * * *
Table 1--FMPs Implemented Under Part 622
----------------------------------------------------------------------------------------------------------------
Responsible fishery management
FMP title council(s) Geographical area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
FMP for the Reef Fish Resources of the GMFMC.............................. Gulf.1 3 4 7 9
Gulf of Mexico.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\9\ Certain provisions for the management of the private angling component of recreational red snapper in the
Gulf EEZ have been delegated to the Gulf states, as specified in Sec. 622.23.
0
3. In Sec. 622.2, remove the combined definition of ``Off Louisiana,
Mississippi, and Alabama'' and in alphabetical order, add specific
definitions for ``Off Alabama'', ``Off Louisiana'' and ``Off
Mississippi'' and to read as follows:
Sec. 622.2 Definitions and acronyms.
* * * * *
Off Alabama means the waters in the Gulf west of a rhumb line at
87[deg]31.1' W long., which is a line directly south from the Alabama/
Florida boundary, to a rhumb line at 88[deg]23.1' W long., which is a
line directly south from the Mississippi/Alabama boundary.
* * * * *
Off Louisiana means the waters in the Gulf west of a rhumb line at
89[deg]10.0' W long., which is a line extending directly south from
South Pass Light, to a rhumb line beginning at 29[deg]32.1' N lat.,
93[deg]47.7' W long. and extending to 26[deg]11.4' N lat., 92[deg]53.0'
W long., which line is an extension of the boundary between Louisiana
and Texas.
Off Mississippi means the waters in the Gulf west of a rhumb line
at 88[deg]23.1' W long., which is a line directly south from the
Mississippi/Alabama boundary, to a rhumb line at 89[deg]10.0' W long.,
which is a line extending directly south from South Pass Light.
* * * * *
0
4. In Sec. 622.3, add paragraph (f) to read as follows:
Sec. 622.3 Relation to other laws and regulations.
* * * * *
(f) State management of the Gulf red snapper recreational sector
private angling component. Alabama, Florida, Louisiana, Mississippi,
and Texas are delegated the authority to specify certain management
measures related to the harvest and possession of red snapper by the
private angling component in the Gulf EEZ. See Sec. 622.23 for the
Gulf recreational red snapper management measures that have been
delegated.
0
5. Section 622.23 is added to read as follows:
Sec. 622.23 State management of the red snapper recreational sector
private angling component in the Gulf EEZ.
(a) Delegation. Alabama, Florida, Louisiana, Mississippi, and Texas
(Gulf states) are delegated the authority to manage certain aspects of
recreational red snapper harvest by the private angling component in
the Gulf EEZ (i.e., delegation). All other management measures for
recreational red snapper in the Gulf EEZ not specified in this section
continue to apply during state management.
(1) Delegation of authority. As described in the FMP for the Reef
Fish Resources of the Gulf of Mexico, each Gulf state must specify the
red snapper private angling component fishing season start and end
dates to maintain harvest levels within the state's ACL, as stated in
paragraph (a)(1)(ii) of this section. Each state must also specify a
recreational bag limit and a minimum size limit within the range of 14
to 18 inches (35.6 cm to 45.7 cm), total length. Each state may specify
a maximum size limit. If NMFS determines that a state's red snapper
private angling component 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 set forth above, i.e., fishing season start and end
dates, a recreational bag limit, and a minimum size limit, then NMFS
will publish a notice in the Federal Register stating that the default
management measures for the red snapper private angling component, as
described in paragraph (a)(2) of this section, apply in the EEZ off
that state.
(i) State management areas. For purposes of the delegation of the
authority to establish certain management measures for the red snapper
private angling component, five areas in the Gulf EEZ have been
established; one off each of the five Gulf states: Alabama, Florida,
Louisiana, Mississippi, and Texas. The boundaries off each state are
described in Sec. 622.2.
(ii) State private angling component ACLs. All ACLs specified below
are in round weight.
(A) Alabama regional management area--1,122,662 lb (509,231 kg).
(B) Florida regional management area--1,913,451 lb (867,927 kg).
(C) Louisiana regional management area--816,233 lb (370,237 kg).
(D) Mississippi regional management area--151,550 lb (68,742 kg).
(E) Texas regional management area--265,105 lb (120,250 kg).
(2) Default management measures. If a state's delegation is
suspended, the Federal management measures for the private angling
season, recreational bag limit, and minimum size limit as described in
Sec. Sec. 622.34(b)(seasonal closure), 622.37(a)(1)(size limit),
622.38(b)(3)(bag limit), and 622.41(q)(2)(i)(season length) apply in
the EEZ off that state. All other management measures not specified in
this section remain in effect.
(b) Post-season ACL adjustments for states with an active
delegation. If a state's red snapper private angling component landings
exceed the applicable state's component ACL specified in paragraph
(a)(1)(ii) of this section, the AA will file a notification with the
Office of the Federal Register, at or near the beginning of the
following fishing year, reducing that state's private angling ACL 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.
[[Page 52442]]
(c) Area closures. As described in the FMP, for the red snapper
private angling component, a state with an active delegation may
request that NMFS establish an area closure in the EEZ off that state
that prohibits the private angling component from harvesting or
possessing red snapper. If NMFS determines that the request is within
the scope of the analysis in the FMP, NMFS will publish a notice in the
Federal Register to implement the requested closure for the fishing
year.
0
6. In Sec. 622.34, revise paragraph (b) to read as follows:
Sec. 622.34 Seasonal and area closures designed to protect Gulf reef
fish.
* * * * *
(b) Seasonal closure of the recreational sector for red snapper.
The recreational sector for red snapper in or from the Gulf EEZ is
closed from January 1 through May 31, each year. During the closure,
the bag and possession limit for red snapper in or from the Gulf EEZ is
zero. See Sec. 622.23(a)(1) regarding the fishing season for states
with an active delegation of state management of the red snapper
private angling component. A person subject to the private angling
component bag limit under an active delegation of state management must
be in compliance with the fishing license (permit) requirements of the
state in which they intend to land the fish and may not possess red
snapper in the Gulf EEZ when that state season is closed.
* * * * *
0
7. In Sec. 622.37, revise paragraph (a)(1) to read as follows:
Sec. 622.37 Size limits.
* * * * *
(a) * * *
(1) Red snapper--16 inches (40.6 cm), TL, for a fish taken by a
person subject to the bag limit specified in Sec. 622.38 (b)(3) and 13
inches (33.0 cm), TL, for a fish taken by a person not subject to the
bag limit. See Sec. 622.23(a)(1) regarding the minimum size limit for
states with an active delegation of state management of the red snapper
private angling component. A person subject to the private angling
component bag limit under an active delegation of state management must
be in compliance with the fishing license (permit) requirements of the
state in which they intend to land the fish and may not possess red
snapper in the Gulf EEZ that are smaller than may be possessed in that
state. Additionally, fish taken by persons subject to the private
angling component bag limit under state management may not be less than
14 inches (35.6 cm), TL, in the Gulf EEZ.
* * * * *
0
8. In Sec. 622.38, revise paragraph (b)(3) to read as follows:
Sec. 622.38 Bag and possession limits.
* * * * *
(b) * * *
(3) Red snapper--2. However, no red snapper may be retained by the
captain or crew of a vessel operating as a charter vessel or headboat.
The bag limit for such captain and crew is zero. See Sec. 622.23(a)(1)
regarding the bag limit applicability for states with an active
delegation of state management of the red snapper private angling
component. A person subject to the private angling component bag limit
under an active delegation of state management must be in compliance
with the fishing license (permit) requirements of the state in which
they intend to land the fish and may not possess more red snapper in
the Gulf EEZ than may be possessed in that state.
* * * * *
0
9. In Sec. 622.39, revise paragraphs (a)(2)(i)(B) and (C) to read as
follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(2) * * *
(i) * * *
(B) Federal charter vessel/headboat component quota. The Federal
charter vessel/headboat component quota applies to vessels that have
been issued a valid Federal charter vessel/headboat permit for Gulf
reef fish any time during the fishing year. A person aboard a vessel
that has been issued a charter vessel/headboat permit for Gulf reef
fish any time during the fishing year may not harvest or possess red
snapper in or from the Gulf EEZ when the Federal charter vessel/
headboat component is closed. The Federal charter vessel/headboat
component quota is 3.130 million lb (1.420 million kg), round weight.
(C) Private angling component quota. The private angling component
quota applies to vessels that fish under the bag limit and have not
been issued a Federal charter vessel/headboat permit for Gulf reef fish
any time during the fishing year. The private angling component quota
is 4.269 million lb (1.936 million kg), round weight.
* * * * *
0
10. In Sec. 622.41, add a sentence to the end of paragraph (q)(2)(i)
and revise paragraph (q)(2)(iii) to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(q) * * *
(2) * * *
(i) * * * See Sec. 622.23(a)(1) regarding the fishing season for
the private angling component for states with an active delegation.
* * * * *
(iii) * * *
(A) [Reserved]
(B) Federal charter vessel/headboat component ACT. The Federal
charter vessel/headboat component ACT applies to vessels that have been
issued a valid Federal charter vessel/headboat permit for Gulf reef
fish any time during the fishing year. A person aboard a vessel that
has been issued a charter vessel/headboat permit for Gulf reef fish any
time during the fishing year may not harvest or possess red snapper in
or from the Gulf EEZ when the Federal charter vessel/headboat component
is closed. For the 2019 fishing year, the component ACT is 2.848
million lb (1.292 million kg), round weight. For the 2020 and
subsequent fishing years, the component ACT is 2.504 million lb (1.136
million lb), round weight.
(C) Private angling component ACT. The private angling component
ACT applies to vessels that fish under the bag limit and have not been
issued a Federal charter vessel/headboat permit for Gulf reef fish any
time during the fishing year. The component ACT is 3.415 million lb
(1.549 million kg), round weight.
* * * * *
[FR Doc. 2019-21259 Filed 10-1-19; 8:45 am]
BILLING CODE 3510-22-P
