Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendments 50A-F, 6819-6825 [2020-01653]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Rules and Regulations
regarding the geographical scope and
duration of the closure. The Southeast
Fisheries Science Center’s assessment
will be provided to the RA on or about
March 1 of each year. If the RA
determines that a closure is necessary,
the closure falls within the scope of the
potential closures evaluated in the Gulf
Shrimp FMP, and good cause exists to
waive notice and comment, NMFS will
implement the closure by publication of
a final rule in the Federal Register. If
such good cause waiver is not justified,
NMFS will implement the closure via
appropriate notice and comment
rulemaking. NMFS intends that any
closure implemented consistent with
this paragraph (d)(l) will begin on the
same date and time as the Texas closure,
as described in paragraph (a) of this
section, unless circumstances dictate
otherwise.
*
*
*
*
*
■ 4. In § 622.60, revised paragraphs (a)
and (b) to read as follows:
§ 622.60 Adjustment of management
measures.
lotter on DSKBCFDHB2PROD with RULES
*
*
*
*
*
(a) Gulf penaeid shrimp. For a species
or species group: Reporting and
monitoring requirements, permitting
requirements, size limits, vessel trip
limits, closed seasons or areas and
reopenings, quotas (including a quota of
zero), MSY (or proxy), OY, management
parameters such as overfished and
overfishing definitions, gear restrictions
(ranging from regulation to complete
prohibition), gear markings and
identification, vessel markings and
identification, acceptable biological
catch (ABC) and ABC control rules,
rebuilding plans, restrictions relative to
conditions of harvested shrimp
(maintaining shrimp in whole
condition, use as bait), target effort and
fishing mortality reduction levels,
bycatch reduction criteria, BRD
certification and decertification criteria,
BRD testing protocol and certified BRD
specifications, and target effort
reduction for juvenile red snapper
mortality.
(b) Gulf royal red shrimp. Reporting
and monitoring requirements,
permitting requirements, size limits,
vessel trip limits, closed seasons or
areas and reopenings, annual catch
limits (ACLs), annual catch targets
(ACTs), quotas (including a quota of
zero), accountability measures (AMs),
MSY (or proxy), OY, management
parameters such as overfished and
overfishing definitions, gear restrictions
(ranging from regulation to complete
prohibition), gear markings and
identification, vessel markings and
identification, ABC and ABC control
VerDate Sep<11>2014
19:34 Feb 05, 2020
Jkt 250001
rules, rebuilding plans, and restrictions
relative to conditions of harvested
shrimp (maintaining shrimp in whole
condition, use as bait), and target effort
reduction for juvenile red snapper
mortality.
[FR Doc. 2020–01533 Filed 2–5–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 200124–0029]
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: Final rule.
AGENCY:
NMFS issues regulations 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 final rule
delegates 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 final 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: This final rule is effective
February 6, 2020.
ADDRESSES: Electronic copies of
Amendments 50A–F may be obtained
from the website: https://
www.fisheries.noaa.gov/action/
amendment-50a-f-state-managementprogram-recreational-red-snapper.
Amendments 50A–F include an
environmental impact statement,
environmental assessments, a fishery
impact statement, a regulatory impact
review, and a Regulatory Flexibility Act
(RFA) analysis.
SUMMARY:
PO 00000
Frm 00087
Fmt 4700
Sfmt 4700
6819
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).
On August 6, 2019, NMFS published
a notice of availability for Amendments
50A–F and requested public comment
(84 FR 38198). On October 2, 2019,
NMFS published a proposed rule for
Amendments 50A–F and requested
public comment (84 FR 52438). NMFS
approved Amendments 50A–F on
November 6, 2019. The proposed rule
and Amendments 50A–F outline the
rationale for the actions contained in
this final rule. A summary of the
management measures described in
Amendments 50A–F and implemented
by this final rule is described below.
All weights described in this final
rule are in round weight.
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 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 (EFP)
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.
E:\FR\FM\06FER1.SGM
06FER1
6820
Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Rules and Regulations
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–F 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 must 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 biological
catch for red snapper, while the Council
would determine the total recreational
sector, component, and state ACLs.
lotter on DSKBCFDHB2PROD with RULES
Management Measures Contained in
This Final Rule
This final rule delegates 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 also
allows Texas, Alabama, and Florida to
request that NMFS close areas of
Federal waters to the harvest and
possession of red snapper by private
VerDate Sep<11>2014
19:34 Feb 05, 2020
Jkt 250001
anglers, consistent with the analysis
provided in Amendment 50A.
Recreational Components Included in
State Management Programs
Currently, the Council and NMFS
specify all management measures for
both the Federal private angling and forhire components in Gulf Federal waters.
This final rule delegates to each state
the authority to establish specific
management measures applicable to the
private angling component only. The
Council and NMFS will continue to
specify all management measures
applicable to the Federal for-hire
component. The provision ending sector
separation after the 2022 fishing year is
removed, and separate ACLs will
continue to be set for each recreational
component indefinitely.
NMFS notes that while Amendments
50A–F and this final rule apply to the
recreational red snapper private angling
component, a vessel with only stateissued for-hire permits, that fishes
under a state’s private angling
component ACL, may not fish in
Federal waters.
Delegation
Each state will 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 will 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 will primarily be
conducted in state waters and dockside.
However, under the delegation, private
anglers will 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, minimum size limit, and, if
applicable, 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, then NMFS would suspend
that state’s delegation and publish a
PO 00000
Frm 00088
Fmt 4700
Sfmt 4700
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 final rule
adds definitions of ‘‘off Alabama,’’ ‘‘off
Mississippi,’’ and ‘‘off Louisiana,’’ so
that each Gulf state will 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 final rule apportions the private
angling component ACL to each state.
The allocation is 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 is
apportioned between Florida and
Alabama, proportionally, based on their
EFP allocation request. Therefore, this
final rule establishes the apportionment
of the private angling ACL to each Gulf
state as follows: Alabama 26.298 percent
(1,122,662 lb (509,231 kg)), Florida
44.822 percent (1,913,451 lb (867,927
kg)), Louisiana 19.120 percent (816,233
lb (370,237 kg)), Mississippi 3.550
percent (151,550 lb (68,742 kg)), and
Texas 6.210 percent (265,105 lb
(120,250 kg)).
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 final rule establishes post-season
accountability measures (AM). An
overage adjustment, or payback
provision, is an AM that reduces the
following year’s ACL by a specified
amount. 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. If red snapper is
overfished, the current AM requires
NMFS to reduce the recreational sector
ACL and ACT, and applicable
E:\FR\FM\06FER1.SGM
06FER1
Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Rules and Regulations
lotter on DSKBCFDHB2PROD with RULES
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 final rule establishes
additional 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.
Area Closures
This final rule will 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 by decreasing the catch
rate. Florida would be able to request a
closure of Federal waters off the west
coast of the state, seaward of
coordinates approximating the 20fathom (36.6-m) depth contour or 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
coordinates approximating the 20fathom (36.6-m) depth contour or 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 reducing the average size of
fish landed. 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
VerDate Sep<11>2014
19:34 Feb 05, 2020
Jkt 250001
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.
Comments and Responses
NMFS received a total of 31
comments on the notice of availability
and proposed rule for Amendments
50A–F. Of these, 29 agreed with
portions of, or the entirety of, the
actions in Amendments 50A–F and the
proposed rule and 2 were opposed to
Amendments 50A–F. Comments
specific to Amendments 50A–F and the
proposed rule are grouped as
appropriate and summarized below,
followed by NMFS’ specific response.
Comment 1: Private recreational
anglers will not be aware of the location
of state boundaries that extend into
Federal waters and could land fish in a
state different than where they were
caught. This could lead to overfishing.
Response: The areas of Federal waters
off Florida and off Texas are currently
defined in 50 CFR 622.2, and this final
rule adds definitions of ‘‘off Alabama,’’
‘‘off Mississippi,’’ and ‘‘off Louisiana,’’
so that each Gulf state will have a
defined Federal water boundary off that
state. Regardless of where a red snapper
is caught, it will be counted towards the
ACL of the state in which it is landed.
Thus, all red snapper caught by the
private angling component will be
accounted for under the state
management programs. The combined
ACLs of the Gulf states are equivalent to
the current Federal ACL for private
angling component. Therefore, NMFS
does not expect overfishing to occur as
a result of fishermen fishing in waters
off a state other than the state in which
the fish are landed.
Comment 2: The AMs in
Amendments 50A–F are inadequate to
ensure the states stay within their
respective ACLs, which could result in
exceeding the recreational sector ACL
and negatively affecting for-hire
fishermen. If the total ACL is also
exceeded this could negatively affect the
red snapper commercial sector.
Response: NMFS disagrees that the
AMs established through Amendments
50A–F are inadequate to ensure that
each state’s landings are within the state
ACL. Amendments 50B–F require each
state to monitor landings by the private
angling component and to prohibit
further landings when the state’s ACL is
reached or projected to be reached.
NMFS expects that each state’s ability to
constrain landings to its respective ACL
will improve with experience, which
will make this in-season AM more
effective over time. Further, each state
PO 00000
Frm 00089
Fmt 4700
Sfmt 4700
6821
has an additional incentive to constrain
landings to it’s ACL because
Amendments 50B–F establish statespecific post-season AMs. Regardless of
stock status, if a state’s private angling
component landings exceeds its
allocated ACL, then in the following
year that state’s private angling
component 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.
Comment 3: Amendments 50A–F and
the proposed rule could lead to
competition between states to allow
private anglers to harvest more fish than
neighboring states. This competition
could result in overfishing of red
snapper.
Response: NMFS disagrees that giving
each state the ability to establish
specific management measures
applicable to red snapper landed in that
state will lead to overfishing. Each state
must have a recreational bag limit and
a minimum size limit between 14 to 18
inches (35.6 cm to 45.7 cm), TL, and
may establish a maximum size limit.
While this allows each state some
management flexibility, that flexibility
is limited in scope because each state is
also allocated a portion of the total
private recreational ACL and is required
to monitor landings and prohibit harvest
when its respective ACL has been met.
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 NMFS provides
notice and an opportunity to do so, or
a state does not specify the required
management measures described in this
final rule, then NMFS would suspend
that state’s delegation and the default
management measures for the red
snapper private angling component
would then apply in the Federal waters
off that state.
Comment 4: States should improve
the accuracy and completeness of
private angling component landings
data by adopting requirements similar to
those used in the commercial sector,
such as electronic reporting prior to
landing and penalties for inaccurate
reporting.
Response: The Council did not
consider requiring more stringent
reporting requirements for the private
angling component in Amendments
50A–F. Each state is 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
E:\FR\FM\06FER1.SGM
06FER1
lotter on DSKBCFDHB2PROD with RULES
6822
Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Rules and Regulations
component ACL is reached or projected
to be reached. Each state has a program
to monitor recreational red snapper
landings and has the ability to enforce
its reporting requirements.
Comment 5: It is unclear how NMFS
will assess whether the state ACLs and
the overfishing limit have been
exceeded because each state’s ACL was
calculated using MRIP-based landings,
but each state is monitoring its landings
using its own reporting system, and
none of the state reporting systems are
directly comparable to the ACL.
Therefore, NMFS should implement
state ACLs that are calibrated to each
state’s data collection program or reduce
the states’ ACLs by a buffer that
accounts for uncertainty in the different
programs. If NMFS fails to address this
common currency issue before
implementation of this final rule, then
Amendments 50A–F and the final rule
would be inconsistent with National
Standard 1 regarding preventing
overfishing while achieving optimum
yield, and National Standard 2
regarding management measures being
based upon the best scientific
information available. Amendments
50A–F and final rule would also be
inconsistent with several other
provisions of the Magnuson-Stevens
Act, such as the requirements to
establish ACLs and AMs, have separate
quotas for the commercial and
recreational sectors, rebuild overfished
stocks, and fairly and equitably allocate
recovery benefits.
Response: NMFS agrees that the state
ACLs should be calibrated to each
state’s reporting system. The NMFS
Office of Science & Technology is
working with the Gulf states to develop
a peer-reviewed calibration that is
expected to be available in the spring of
2020. When the calibration is available,
NMFS intends to apply it to the
established state ACLs and implement
catch levels in the appropriate state
currencies through appropriate
rulemaking. When implemented, each
state’s landings will be compared to its
revised ACL to determine if there was
an overage. As noted previously, this
rule requires that each state payback any
overage in a fishing year during the
following fishing year. Because the rule
adjusting the state ACLs may not be
complete until late 2020, NMFS intends
to inform each state of any anticipated
change in its ACL as soon as possible to
allow the states to set or modify their
management measures, as appropriate.
This will help ensure that the private
angling ACL is not exceeded and
overfishing of the red snapper stock
does not occur in 2020. Implementing
the calibrated ACLs in 2020 will also
VerDate Sep<11>2014
19:34 Feb 05, 2020
Jkt 250001
help ensure that this final rule is
consistent the Magnuson-Stevens Act.
Comment 6: The state ACL allocations
should be based on biological factors
such as habitat area and the number of
fish in that area, not on the number of
permit holders or the amount of fish
caught in that state. Additionally, the
allocation of the ACL among the states
is not fair and equitable.
Response: The Council considered
several alternatives to allocate the
private recreational ACL among the
states. Some allocation alternatives were
based on historical landings but others
were based on spatial abundance of red
snapper biomass in combination with a
proportion of recreational trips.
However, the Council selected the state
ACL allocations based on the amounts
requested by each state in its EFP
application that were submitted for the
2018–2019 fishing seasons, which
totaled 96.22 percent of the privateangling component ACL. The remaining
3.78 percent of the component ACL was
allocated between Florida and Alabama
proportionally based on their EFP
requests because these two states had
the shortest private angling fishing
seasons under the EFPs. The Council
determined, and NMFS agrees, that the
allocation in the final rule is fair and
equitable because Texas, Louisiana, and
Mississippi were allocated enough to
maintain their private angling fishing
seasons under the EFPs, and Florida and
Alabama are allocated slightly more
than requested under the EFPs to
provide the opportunity for those states
to increase their private angling fishing
season length.
Comment 8: The impact of bycatch,
including bycatch of juvenile red
snapper by the Gulf shrimp fishery,
should be considered in setting red
snapper catch levels and state ACL
allocations.
Response: The Council did not
consider adjusting the red snapper
component or sector catch levels in
Amendments 50A–F or adjusting the
state ACL allocations based on the
impacts of red snapper bycatch in
another fishery. Bycatch of red snapper,
including bycatch attributed to the Gulf
shrimp fishery, is addressed in the red
snapper stock assessment, which is used
to set red snapper catch levels. The most
recent stock assessment for red snapper
that occurred in 2018 was used to set
the current catch levels and was
referenced in developing Amendments
50A–F. Future stock assessments will
continue to incorporate information on
red snapper bycatch and will be used to
revise catch levels as appropriate.
PO 00000
Frm 00090
Fmt 4700
Sfmt 4700
Classification
The Regional Administrator,
Southeast Regional Office, NMFS has
determined that this final rule is
consistent with the applicable FMP, the
Magnuson-Stevens Act, and other
applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866. This rule is not
an E.O. 13771 regulatory action because
this rule is not significant under E.O.
12866.
The Magnuson-Stevens Act provides
the statutory basis for this rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this rule
would not have a significant economic
impact on a substantial number of small
entities. The factual basis is not
repeated here. No public comments
were made related to the economic
implications and potential impacts on
small entities, and no changes to this
final rule were made in response to
public comments. As a result, a final
regulatory flexibility analysis was not
required and none was prepared.
The Assistant Administrator for
NMFS finds that there is good cause to
waive the 30-day delay of this final
rule’s effectiveness, pursuant to the
authority set forth in 5 U.S.C. 553(d)(3),
as such procedure for this final rule
would be contrary to the public interest.
Delaying the effectiveness of this final
rule would be contrary to the public
interest because of the need to
implement this action as soon as
possible in 2020. The fishing year for
Gulf red snapper began on January 1,
2020, and the Gulf states need to specify
their private angling management
measures, including the fishing season,
for this fishing year. Some of the states
may want to allow the private angling
component to fish for red snapper
before June 1, the date the Federal
season would open in the absence of
this rule. Delaying the implementation
of this final rule will decrease the
flexibility each Gulf state has to set its
season, and the time each Gulf state has
to implement its state-specific
management measures. Allowing the
maximum available time for the state
seasons and for the state process to take
place is in the public interest because it
increases the expected benefits of this
final rule with respect to recreational
fishing opportunities.
E:\FR\FM\06FER1.SGM
06FER1
6823
Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Rules and Regulations
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf, Recreational,
Red snapper.
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
Dated: January 24, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
■
§ 622.1
*
Purpose and scope.
*
*
(d) * * *
*
*
1. The authority citation for part 622
continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.1, paragraph (d), Table 1,
add footnote 10 to the entry for ‘‘FMP
for the Reef Fish Resources of the Gulf
of Mexico’’ to read as follows:
■
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
TABLE 1 TO § 622.1—FMPS IMPLEMENTED UNDER PART 622
FMP title
Responsible fishery management council(s)
*
*
FMP for the Reef Fish Resources of the Gulf
of Mexico.
*
*
*
GMFMC ............................................................
*
*
*
*
Geographical area
*
*
*
*
Gulf.1 3 4 7 10
*
1 Regulated
area includes adjoining state waters for purposes of data collection and quota monitoring.
*
*
*
*
*
*
area includes adjoining state waters for Gulf red snapper harvested or possessed by a person aboard a vessel for which a Gulf
red snapper IFQ vessel account has been established or possessed by a dealer with a Gulf IFQ dealer endorsement.
4 Regulated area includes adjoining state waters for Gulf groupers and tilefishes harvested or possessed by a person aboard a vessel for
which an IFQ vessel account for Gulf groupers and tilefishes has been established or possessed by a dealer with a Gulf IFQ dealer endorsement.
*
*
*
*
*
*
*
7 Hogfish are managed by the FMP in the Gulf EEZ except south of 25°09′ N lat. off the west coast of Florida. Hogfish in the remainder of the
Gulf EEZ south of 25°09′ N lat. off the west coast of Florida are managed under the FMP for the Snapper-Grouper Fishery of the South Atlantic
Region.
*
*
*
*
*
*
*
10 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 Regulated
3. In § 622.2, remove the definition of
‘‘Off Louisiana, Mississippi, and
Alabama’’ and add in alphabetical order
definitions for ‘‘Off Alabama’’, ‘‘Off
Louisiana’’, and ‘‘Off Mississippi’’ to
read as follows:
long., which is a line extending directly
south from South Pass Light.
*
*
*
*
*
■ 4. In § 622.3, add paragraph (f) to read
as follows:
§ 622.2
§ 622.3 Relation to other laws and
regulations.
■
Definitions and acronyms.
lotter on DSKBCFDHB2PROD with RULES
*
*
*
*
*
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.
*
*
*
*
*
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
VerDate Sep<11>2014
19:34 Feb 05, 2020
Jkt 250001
*
*
*
*
*
(f) 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
§ 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
PO 00000
Frm 00091
Fmt 4700
Sfmt 4700
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.
E:\FR\FM\06FER1.SGM
06FER1
lotter on DSKBCFDHB2PROD with RULES
6824
Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Rules and Regulations
(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.
(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.
*
*
*
VerDate Sep<11>2014
*
*
19:34 Feb 05, 2020
Jkt 250001
(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.
*
*
*
*
*
(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 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
PO 00000
Frm 00092
Fmt 4700
Sfmt 4700
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:
§ 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) Recreational ACTs.
(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
E:\FR\FM\06FER1.SGM
06FER1
Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Rules and Regulations
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. 2020–01653 Filed 2–5–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 200128–0033]
RIN 0648–BJ31
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern
Atlantic Region; Regulatory
Amendment 30
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
implement Regulatory Amendment 30
to the Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (FMP) (Regulatory
Amendment 30), as prepared and
submitted by the South Atlantic Fishery
Management Council (Council). This
final rule modifies the spawning season
closures for the commercial and
recreational sectors in the exclusive
economic zone (EEZ) off North Carolina
and South Carolina and establishes a
commercial trip limit. Additionally,
Regulatory Amendment 30 revises the
rebuilding schedule for red grouper. The
purpose of this final rule and Regulatory
Amendment 30 is to modify the
rebuilding schedule and extend
protections for red grouper during the
spawning season.
lotter on DSKBCFDHB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
19:34 Feb 05, 2020
Jkt 250001
6825
This final rule is effective on
March 9, 2020.
ADDRESSES: Electronic copies of
Regulatory Amendment 30 may be
obtained from the Southeast Regional
Office website at https://
www.fisheries.noaa.gov/action/
regulatory-amendment-30-red-grouperrebuilding-plan. Regulatory Amendment
30 includes an environmental
assessment (EA), a Regulatory
Flexibility Act analysis, and a regulatory
impact review.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, telephone: 727–824–5305;
email: mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic is managed under the FMP, and
includes red grouper along with other
snapper-grouper species. The FMP was
prepared by the Council and is
implemented through regulations at 50
CFR part 622 under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
On October 29, 2019, NMFS
published a proposed rule for
Regulatory Amendment 30 and
requested public comment (84 FR
57840). The proposed rule and
Regulatory Amendment 30 outline the
rationale for the actions contained in
this final rule. A summary of the
management measures described in
Regulatory Amendment 30 and
implemented by this final rule is
described below.
progress towards rebuilding. The
Magnuson-Stevens Act requires the
implementation of management
measures to end overfishing
immediately and revise or implement a
rebuilding plan within 2 years of
notification by NMFS to the Council of
this stock status. Therefore, in
Abbreviated Framework Amendment 1
to the FMP, NMFS implemented actions
to immediately end overfishing of red
grouper by reducing the total,
commercial, and recreational annual
catch limits (ACLs) based on the
acceptable biological catch
recommendation from the Council’s
Scientific and Statistical Committee (83
FR 35435; July 26, 2018).
Continued harvest at the levels
specified in Abbreviated Framework
Amendment 1 is expected to allow for
rebuilding the red grouper stock within
10 years, but because the red grouper
stock is not projected to fully rebuild by
2020 (SEDAR 53), the Council must also
revise the current rebuilding plan so the
stock rebuilds in the timeframe
mandated by the Magnuson-Stevens
Act. Regulatory Amendment 30
addresses the revision to the rebuilding
plan.
Background
Red grouper are harvested by both
commercial and recreational fishers
throughout the South Atlantic. In 2010,
a Southeast Data, Assessment and
Review (SEDAR) benchmark assessment
(SEDAR 19) was completed for South
Atlantic red grouper. Based on the
results of SEDAR 19, NMFS determined
that red grouper was overfished and
undergoing overfishing. Amendment 24
to the FMP established a 10-year
rebuilding plan that began in 2011, with
an end date of 2020 (77 FR 34254; June
11, 2012).
A stock assessment update (SEDAR
53) for red grouper was completed in
February 2017 using data through 2015.
SEDAR 53 indicated the stock was still
overfished and undergoing overfishing,
and that stock rebuilding would not be
possible by 2020, which is the terminal
year of the current rebuilding plan.
Therefore, on September 27, 2017,
NMFS sent a letter to the Council stating
that the South Atlantic red grouper
stock was overfished and undergoing
overfishing and not making adequate
Commercial and Recreational Spawning
Season Closure
Currently, the commercial and
recreational spawning season closure for
shallow-water groupers, which includes
red grouper, is January through April
each year throughout the South Atlantic
EEZ. In the EEZ off North Carolina and
South Carolina, red grouper spawning
occurs during February through June
and peaks in April. To extend
protection for red grouper during
spawning season, this final rule extends
the January through April spawning
season closure for red grouper through
May in the EEZ off North Carolina and
South Carolina for both the commercial
and recreational sectors.
This action was developed in
response to stakeholder concerns that
red grouper are often found in spawning
condition past the January through
April shallow-water grouper spawning
season closure, particularly in May, in
the EEZ off North Carolina and South
Carolina. This final rule also extends the
prohibition on the commercial sale and
purchase of red grouper in the EEZ off
DATES:
PO 00000
Frm 00093
Fmt 4700
Sfmt 4700
Management Measures Contained in
This Final Rule
For red grouper, this final rule
modifies the spawning season closure
for the commercial and recreational
sectors in the EEZ off North Carolina
and South Carolina, and establishes a
commercial trip limit.
E:\FR\FM\06FER1.SGM
06FER1
]]>Agencies
[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Rules and Regulations]
[Pages 6819-6825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01653]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 200124-0029]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues regulations 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 final rule delegates 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 final 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: This final rule is effective February 6, 2020.
ADDRESSES: 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
include an environmental impact statement, environmental assessments, a
fishery impact statement, a 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).
On August 6, 2019, NMFS published a notice of availability for
Amendments 50A-F and requested public comment (84 FR 38198). On October
2, 2019, NMFS published a proposed rule for Amendments 50A-F and
requested public comment (84 FR 52438). NMFS approved Amendments 50A-F
on November 6, 2019. The proposed rule and Amendments 50A-F outline the
rationale for the actions contained in this final rule. A summary of
the management measures described in Amendments 50A-F and implemented
by this final rule is described below.
All weights described in this final rule are in round weight.
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 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 (EFP) 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.
[[Page 6820]]
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-F 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 must 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 biological catch
for red snapper, while the Council would determine the total
recreational sector, component, and state ACLs.
Management Measures Contained in This Final Rule
This final rule delegates 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 also allows 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 specify all management measures for
both the Federal private angling and for-hire components in Gulf
Federal waters. This final rule delegates to each state the authority
to establish specific management measures applicable to the private
angling component only. The Council and NMFS will continue to specify
all management measures applicable to the Federal for-hire component.
The provision ending sector separation after the 2022 fishing year is
removed, and separate ACLs will continue to be set for each
recreational component indefinitely.
NMFS notes that while Amendments 50A-F and this final 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
Each state will 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 will 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 will primarily
be conducted in state waters and dockside. However, under the
delegation, private anglers will 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, minimum size limit,
and, if applicable, 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, 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 final rule adds definitions of ``off Alabama,'' ``off
Mississippi,'' and ``off Louisiana,'' so that each Gulf state will 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 final rule apportions
the private angling component ACL to each state. The allocation is
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 is apportioned between Florida and Alabama,
proportionally, based on their EFP allocation request. Therefore, this
final rule establishes the apportionment of the private angling ACL to
each Gulf state as follows: Alabama 26.298 percent (1,122,662 lb
(509,231 kg)), Florida 44.822 percent (1,913,451 lb (867,927 kg)),
Louisiana 19.120 percent (816,233 lb (370,237 kg)), Mississippi 3.550
percent (151,550 lb (68,742 kg)), and Texas 6.210 percent (265,105 lb
(120,250 kg)).
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 final rule establishes post-season accountability measures
(AM). An overage adjustment, or payback provision, is an AM that
reduces the following year's ACL by a specified amount. 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. If red snapper is overfished, the current AM
requires NMFS to reduce the recreational sector ACL and ACT, and
applicable
[[Page 6821]]
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 final rule establishes
additional 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.
Area Closures
This final rule will 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 by decreasing the catch rate. Florida would be able to request a
closure of Federal waters off the west coast of the state, seaward of
coordinates approximating the 20-fathom (36.6-m) depth contour or 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 coordinates
approximating the 20-fathom (36.6-m) depth contour or 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 reducing the
average size of fish landed. 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.
Comments and Responses
NMFS received a total of 31 comments on the notice of availability
and proposed rule for Amendments 50A-F. Of these, 29 agreed with
portions of, or the entirety of, the actions in Amendments 50A-F and
the proposed rule and 2 were opposed to Amendments 50A-F. Comments
specific to Amendments 50A-F and the proposed rule are grouped as
appropriate and summarized below, followed by NMFS' specific response.
Comment 1: Private recreational anglers will not be aware of the
location of state boundaries that extend into Federal waters and could
land fish in a state different than where they were caught. This could
lead to overfishing.
Response: The areas of Federal waters off Florida and off Texas are
currently defined in 50 CFR 622.2, and this final rule adds definitions
of ``off Alabama,'' ``off Mississippi,'' and ``off Louisiana,'' so that
each Gulf state will have a defined Federal water boundary off that
state. Regardless of where a red snapper is caught, it will be counted
towards the ACL of the state in which it is landed. Thus, all red
snapper caught by the private angling component will be accounted for
under the state management programs. The combined ACLs of the Gulf
states are equivalent to the current Federal ACL for private angling
component. Therefore, NMFS does not expect overfishing to occur as a
result of fishermen fishing in waters off a state other than the state
in which the fish are landed.
Comment 2: The AMs in Amendments 50A-F are inadequate to ensure the
states stay within their respective ACLs, which could result in
exceeding the recreational sector ACL and negatively affecting for-hire
fishermen. If the total ACL is also exceeded this could negatively
affect the red snapper commercial sector.
Response: NMFS disagrees that the AMs established through
Amendments 50A-F are inadequate to ensure that each state's landings
are within the state ACL. Amendments 50B-F require each state to
monitor landings by the private angling component and to prohibit
further landings when the state's ACL is reached or projected to be
reached. NMFS expects that each state's ability to constrain landings
to its respective ACL will improve with experience, which will make
this in-season AM more effective over time. Further, each state has an
additional incentive to constrain landings to it's ACL because
Amendments 50B-F establish state-specific post-season AMs. Regardless
of stock status, if a state's private angling component landings
exceeds its allocated ACL, then in the following year that state's
private angling component 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.
Comment 3: Amendments 50A-F and the proposed rule could lead to
competition between states to allow private anglers to harvest more
fish than neighboring states. This competition could result in
overfishing of red snapper.
Response: NMFS disagrees that giving each state the ability to
establish specific management measures applicable to red snapper landed
in that state will lead to overfishing. Each state must have a
recreational bag limit and a minimum size limit between 14 to 18 inches
(35.6 cm to 45.7 cm), TL, and may establish a maximum size limit. While
this allows each state some management flexibility, that flexibility is
limited in scope because each state is also allocated a portion of the
total private recreational ACL and is required to monitor landings and
prohibit harvest when its respective ACL has been met. 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 NMFS provides notice and an opportunity
to do so, or a state does not specify the required management measures
described in this final rule, then NMFS would suspend that state's
delegation and the default management measures for the red snapper
private angling component would then apply in the Federal waters off
that state.
Comment 4: States should improve the accuracy and completeness of
private angling component landings data by adopting requirements
similar to those used in the commercial sector, such as electronic
reporting prior to landing and penalties for inaccurate reporting.
Response: The Council did not consider requiring more stringent
reporting requirements for the private angling component in Amendments
50A-F. Each state is 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
[[Page 6822]]
component ACL is reached or projected to be reached. Each state has a
program to monitor recreational red snapper landings and has the
ability to enforce its reporting requirements.
Comment 5: It is unclear how NMFS will assess whether the state
ACLs and the overfishing limit have been exceeded because each state's
ACL was calculated using MRIP-based landings, but each state is
monitoring its landings using its own reporting system, and none of the
state reporting systems are directly comparable to the ACL. Therefore,
NMFS should implement state ACLs that are calibrated to each state's
data collection program or reduce the states' ACLs by a buffer that
accounts for uncertainty in the different programs. If NMFS fails to
address this common currency issue before implementation of this final
rule, then Amendments 50A-F and the final rule would be inconsistent
with National Standard 1 regarding preventing overfishing while
achieving optimum yield, and National Standard 2 regarding management
measures being based upon the best scientific information available.
Amendments 50A-F and final rule would also be inconsistent with several
other provisions of the Magnuson-Stevens Act, such as the requirements
to establish ACLs and AMs, have separate quotas for the commercial and
recreational sectors, rebuild overfished stocks, and fairly and
equitably allocate recovery benefits.
Response: NMFS agrees that the state ACLs should be calibrated to
each state's reporting system. The NMFS Office of Science & Technology
is working with the Gulf states to develop a peer-reviewed calibration
that is expected to be available in the spring of 2020. When the
calibration is available, NMFS intends to apply it to the established
state ACLs and implement catch levels in the appropriate state
currencies through appropriate rulemaking. When implemented, each
state's landings will be compared to its revised ACL to determine if
there was an overage. As noted previously, this rule requires that each
state payback any overage in a fishing year during the following
fishing year. Because the rule adjusting the state ACLs may not be
complete until late 2020, NMFS intends to inform each state of any
anticipated change in its ACL as soon as possible to allow the states
to set or modify their management measures, as appropriate. This will
help ensure that the private angling ACL is not exceeded and
overfishing of the red snapper stock does not occur in 2020.
Implementing the calibrated ACLs in 2020 will also help ensure that
this final rule is consistent the Magnuson-Stevens Act.
Comment 6: The state ACL allocations should be based on biological
factors such as habitat area and the number of fish in that area, not
on the number of permit holders or the amount of fish caught in that
state. Additionally, the allocation of the ACL among the states is not
fair and equitable.
Response: The Council considered several alternatives to allocate
the private recreational ACL among the states. Some allocation
alternatives were based on historical landings but others were based on
spatial abundance of red snapper biomass in combination with a
proportion of recreational trips. However, the Council selected the
state ACL allocations based on the amounts requested by each state in
its EFP application that were submitted for the 2018-2019 fishing
seasons, which totaled 96.22 percent of the private-angling component
ACL. The remaining 3.78 percent of the component ACL was allocated
between Florida and Alabama proportionally based on their EFP requests
because these two states had the shortest private angling fishing
seasons under the EFPs. The Council determined, and NMFS agrees, that
the allocation in the final rule is fair and equitable because Texas,
Louisiana, and Mississippi were allocated enough to maintain their
private angling fishing seasons under the EFPs, and Florida and Alabama
are allocated slightly more than requested under the EFPs to provide
the opportunity for those states to increase their private angling
fishing season length.
Comment 8: The impact of bycatch, including bycatch of juvenile red
snapper by the Gulf shrimp fishery, should be considered in setting red
snapper catch levels and state ACL allocations.
Response: The Council did not consider adjusting the red snapper
component or sector catch levels in Amendments 50A-F or adjusting the
state ACL allocations based on the impacts of red snapper bycatch in
another fishery. Bycatch of red snapper, including bycatch attributed
to the Gulf shrimp fishery, is addressed in the red snapper stock
assessment, which is used to set red snapper catch levels. The most
recent stock assessment for red snapper that occurred in 2018 was used
to set the current catch levels and was referenced in developing
Amendments 50A-F. Future stock assessments will continue to incorporate
information on red snapper bycatch and will be used to revise catch
levels as appropriate.
Classification
The Regional Administrator, Southeast Regional Office, NMFS has
determined that this final rule is consistent with the applicable FMP,
the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. This rule is not an E.O. 13771
regulatory action because this rule is not significant under E.O.
12866.
The Magnuson-Stevens Act provides the statutory basis for this
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this rule would not
have a significant economic impact on a substantial number of small
entities. The factual basis is not repeated here. No public comments
were made related to the economic implications and potential impacts on
small entities, and no changes to this final rule were made in response
to public comments. As a result, a final regulatory flexibility
analysis was not required and none was prepared.
The Assistant Administrator for NMFS finds that there is good cause
to waive the 30-day delay of this final rule's effectiveness, pursuant
to the authority set forth in 5 U.S.C. 553(d)(3), as such procedure for
this final rule would be contrary to the public interest.
Delaying the effectiveness of this final rule would be contrary to
the public interest because of the need to implement this action as
soon as possible in 2020. The fishing year for Gulf red snapper began
on January 1, 2020, and the Gulf states need to specify their private
angling management measures, including the fishing season, for this
fishing year. Some of the states may want to allow the private angling
component to fish for red snapper before June 1, the date the Federal
season would open in the absence of this rule. Delaying the
implementation of this final rule will decrease the flexibility each
Gulf state has to set its season, and the time each Gulf state has to
implement its state-specific management measures. Allowing the maximum
available time for the state seasons and for the state process to take
place is in the public interest because it increases the expected
benefits of this final rule with respect to recreational fishing
opportunities.
[[Page 6823]]
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf, Recreational, Red snapper.
Dated: January 24, 2020.
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 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:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.1, paragraph (d), Table 1, add footnote 10 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 to Sec. 622.1--FMPs Implemented Under Part 622
------------------------------------------------------------------------
Responsible fishery
FMP title management Geographical area
council(s)
------------------------------------------------------------------------
* * * * * * *
FMP for the Reef Fish GMFMC............... Gulf.1 3 4 7 10
Resources of the Gulf of
Mexico.
* * * * * * *
------------------------------------------------------------------------
\1\ Regulated area includes adjoining state waters for purposes of data
collection and quota monitoring.
* * * * * * *
\3\ Regulated area includes adjoining state waters for Gulf red snapper
harvested or possessed by a person aboard a vessel for which a Gulf
red snapper IFQ vessel account has been established or possessed by a
dealer with a Gulf IFQ dealer endorsement.
\4\ Regulated area includes adjoining state waters for Gulf groupers and
tilefishes harvested or possessed by a person aboard a vessel for
which an IFQ vessel account for Gulf groupers and tilefishes has been
established or possessed by a dealer with a Gulf IFQ dealer
endorsement.
* * * * * * *
\7\ Hogfish are managed by the FMP in the Gulf EEZ except south of
25[deg]09' N lat. off the west coast of Florida. Hogfish in the
remainder of the Gulf EEZ south of 25[deg]09' N lat. off the west
coast of Florida are managed under the FMP for the Snapper-Grouper
Fishery of the South Atlantic Region.
* * * * * * *
\10\ 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 definition of ``Off Louisiana,
Mississippi, and Alabama'' and add in alphabetical order definitions
for ``Off Alabama'', ``Off Louisiana'', and ``Off Mississippi'' 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) 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.
[[Page 6824]]
(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.
(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) Recreational ACTs.
(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
[[Page 6825]]
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. 2020-01653 Filed 2-5-20; 8:45 am]
BILLING CODE 3510-22-P
