Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Lane Snapper Management Measures, 72854-72857 [2021-27752]
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Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Rules and Regulations
E. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or Tribal government, in the
aggregate, or by the private sector of
$170 million (which is the value
equivalent of $100 million in 1995,
adjusted for inflation to 2020 levels) or
more in any one year. Though this
rulemaking would not result in such an
expenditure, the Agency does discuss
the effects of this rulemaking elsewhere
in this preamble.
F. Paperwork Reduction Act
This rulemaking contains no new
information collection requirements
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3520).
G. E.O. 13132 (Federalism)
A rule has implications for federalism
under Section 1(a) of E.O. 13132 if it has
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’
FMCSA has determined that this
rulemaking does not have substantial
direct costs on or for States, nor does it
limit the policymaking discretion of
States. Nothing in this document
preempts any State law or regulation.
Therefore, this rulemaking does not
have sufficient federalism implications
to warrant the preparation of a
Federalism Impact Statement.
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H. Privacy
The Consolidated Appropriations Act,
2005,5 requires the Agency to conduct a
privacy impact assessment (PIA) of a
regulation that will affect the privacy of
individuals. This rulemaking does not
require the collection of personally
identifiable information, and therefore a
PIA is not necessary.
I. E.O. 13175 (Indian Tribal
Governments)
This rulemaking does not have Tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
does not have a substantial direct effect
on one or more Indian Tribes, on the
relationship between the Federal
Government and Indian Tribes, or on
the distribution of power and
5 Public Law 108–447, 118 Stat. 2809, 3268, 5
U.S.C. 552a note (Dec. 8, 2004).
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responsibilities between the Federal
Government and Indian Tribes.
J. National Environmental Policy Act of
1969
FMCSA analyzed this rulemaking for
the purpose of 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 requirements in this rulemaking are
covered by this CE, and the rulemaking
does not have any effect on the quality
of the environment.
List of Subjects in 49 CFR 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 amends 49 CFR chapter III, part
385, as set forth below:
PART 385—SAFETY FITNESS
PROCEDURES
1. The authority citation for part 385
continues to read as follows:
■
Authority: 49 U.S.C. 113, 504, 521(b),
5105(d), 5109, 5113, 13901–13905, 13908,
31135, 31136, 31144, 31148, 31151, 31502;
sec. 113(a), Pub. L. 103–311, 108 Stat. 1673,
1676; sec. 408, Pub. L. 104–88, 109 Stat. 803,
958; sec. 350, Pub. L. 107–87, 115 Stat. 833,
864; sec. 5205, Pub. L. 114–94, 129 Stat.
1312, 1537; and 49 CFR 1.87.
2. Revise § 385.4(b)(1) to read as
follows:
■
§ 385.4
Matter incorporated by reference.
*
*
*
*
*
(b) * * *
(1) ‘‘North American Standard Out-ofService Criteria and Level VI Inspection
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, 2021,
incorporation by reference approved for
§ 385.415(b).
*
*
*
*
*
Issued under authority delegated in 49 CFR
1.87.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2021–27851 Filed 12–22–21; 8:45 am]
BILLING CODE 4910–EX–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 211217–0261]
RIN 0648–BK36
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Lane
Snapper Management Measures
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 a framework action to the
Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico
(FMP), as prepared by the Gulf of
Mexico Fishery Management Council
(Council). This final rule modifies catch
limits in the Gulf of Mexico (Gulf)
exclusive economic zone (EEZ) for lane
snapper. The purpose of this final rule
and the framework action is to modify
the annual catch limit (ACL), to revise
an accountability measure (AM), and to
achieve optimum yield (OY) for the
stock while preventing overfishing. This
final rule also makes minor
administrative changes to replace
outdated NMFS website addresses and
language about required software for the
Individual Fishing Quota (IFQ)
programs. Additionally, this final rule
reopens the harvest of lane snapper for
the commercial and recreational sectors
as a result of the ACL increase.
DATES: This final rule is effective
January 24, 2022, except for amendment
number 6 to § 622.41(k), which is
effective on December 23, 2021.
The lane snapper commercial and
recreational sectors will reopen effective
12:01 a.m., local time, December 23,
2021, until the end of the current fishing
year, December 31, 2021.
ADDRESSES: Electronic copies of the
framework action, which includes an
environmental assessment, and a
regulatory impact review, may be
obtained from the Southeast Regional
Office website at https://
www.fisheries.noaa.gov/action/
framework-action-implementmodification-gulf-mexico-lane-snappercatch-limits-and.
FOR FURTHER INFORMATION CONTACT: Dan
Luers, Southeast Regional Office,
NMFS, telephone: 727–824–5305, email:
daniel.luers@noaa.gov.
SUMMARY:
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Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Rules and Regulations
NMFS and
the Council manage the Gulf reef fish
fishery, which includes lane 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 October 18, 2021, NMFS
published a proposed rule for the
framework action and administrative
changes to the IFQ Program and
requested public comment (86 FR
57629). The proposed rule and the
framework action outline the rationale
for the actions regarding Gulf lane
snapper contained in this final rule,
which is unchanged from the proposed
rule. A summary of the management
measures described in the framework
action, as well as management measures
not contained in the framework action,
and implemented by this final rule is
described below. All weights in the final
rule are described in round weight,
unless otherwise noted.
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SUPPLEMENTARY INFORMATION:
Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing and to
achieve, on a continuing basis, the OY
from federally managed fish stocks to
ensure that fishery resources are
managed for the greatest overall benefit
to the nation, particularly with respect
to providing food production and
recreational opportunities, and
protecting marine ecosystems.
Lane snapper in the Gulf EEZ are
managed as a single stock with a stock
ACL of 301,000 lb (136,531 kg) that has
not changed since implemented in 2012
(76 FR 82044; December 29, 2011). This
stock ACL is based on average landings
from 1999 through 2008. The fishing
year is January 1 through December 31,
each year.
In 2019, in response to landings data
that indicated lane snapper experienced
overfishing in 2017 and exceeded its
ACL in 2018, the Council requested that
the NMFS Southeast Fisheries Science
Center provide an updated, interim
analysis on the lane snapper stock to
include landings data from 2015–2018.
However, the updated analysis used
recreational catch estimate values that
were calculated using effort and
landings information from the previous
Marine Recreational Information
Program (MRIP) Coastal Household
Telephone Survey (CHTS) and the
Access Point Angler Intercept Survey.
The CHTS has since been replaced by
the newer MRIP Fishing Effort Survey
(FES). Thus, as requested by the
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Council’s Scientific and Statistical
Committee (SSC), an updated analysis
was provided in 2020 (SEDAR 49
Update [2020]) that converted the
recreational data used to calculate the
estimated catch limits for lane snapper
to values directly comparable to those
collected through MRIP–FES.
The conversion to MRIP–FES values
resulted in an approximate doubling of
recreational catch and effort estimates.
Thus, based on the results of the SEDAR
49 Update (2020) and the conversion to
MRIP–FES, the SSC recommended
increasing the overfishing limit from
358,000 lb (162,386 kg) to 1,053,834 lb
(478,011 kg), and increasing the
acceptable biological catch (ABC) from
301,000 lb (135,531 kg) to 1,028,973 lb
(466,734 kg). In the framework action,
the Council adopted the SSC’s
recommendations.
Despite landings exceeding the lane
snapper ACL each year from 2016
through 2020, NMFS closed the harvest
of lane snapper only once, in 2019,
under the current AM, which requires a
closure when the ACL is met or
projected to be met during the year
following an ACL overage (84 FR 68058;
December 13, 2019). Therefore, the
Council is modifying the AM in this
final rule to require an in-season closure
in any year during which NMFS
projects that the ACL is met.
In the 2020 fishing year, lane snapper
landings exceeded the stock ACL by
57,638 lb (26,144 kg). Therefore,
consistent with the current AM, NMFS
monitored landings in 2021 and closed
the harvest of lane snapper on October
18, 2021, after determining that the ACL
would be reached by that date (86 FR
54657; October 4, 2021). The ACL
increase implemented through this final
rule will allow NMFS to reopen harvest
of lane snapper until the end of the
current fishing year, December 31, 2021.
Management Measures Contained in
This Final Rule
This final rule modifies the ACL for
the Gulf lane snapper stock. It also
modifies the AM to require NMFS to
implement a closure during the current
fishing year if landings meet or are
projected to meet the revised ACL.
Annual Catch Limit
This final rule increases the lane
snapper stock ACL from 301,000 lb
(136,531 kg) to 1,028,973 lb (466,734
kg).
Accountability Measure
This final rule modifies the AM such
that if annual landings in a given year
reach or are projected to reach the
revised ACL, NMFS will implement a
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seasonal closure to prohibit harvest of
lane snapper by the commercial and
recreational sectors for the remainder of
the fishing year.
Measures Codified in This Final Rule
Not in the Framework Action
In addition to the other measures
contained in the framework action and
as explained in the proposed rule, this
final rule also corrects the NMFS
Southeast Regional Office website
address in the two sections of the
regulations that specify permit
requirements and make several
administrative changes to NMFS’s IFQ
Program regulations.
Comments and Responses
NMFS received a total of 21
comments on the proposed rule for the
framework action. NMFS acknowledges
the comments in favor of the actions in
the proposed rule and agrees with them.
Some comments suggested changes to
lane snapper management measures that
were outside the scope of the proposed
rule and framework action, such as
increasing the minimum size limit, or
implementing sector allocations. These
comments are not addressed further in
this final rule. Specific comments
related to the proposed rule and the
framework action are grouped by topic
and addressed below.
Comment 1: NMFS should increase
the lane snapper ACL but not as much
as proposed.
Response: NMFS disagrees that the
ACL should not be increased as much
as proposed. As explained previously,
the current ACL of 301,000 lb (136,531
kg) has been in effect since 2012, and is
based on average landings from 1999
through 2008. The ACL implemented
through this final rule is based on new
information provided in the SEDAR 49
Update (2020), which indicated that the
Gulf lane snapper stock size had
increased and includes the MRIP–FES
data. The conversion to MRIP–FES data
accounts for approximately half of the
increase in the ACL. Thus, after the
conversion, the increase implemented
in this action is slightly less than a
doubling of the current catch limits. The
increase in the stock ACL is also
consistent with the Council’s SSC
recommended ABC.
Comment 2: NMFS should not
implement an increase in the Gulf lane
snapper ACL because lane snapper is
not prevalent in some areas, the stock is
just starting to improve its health, and
NMFS was required to close harvest of
lane snapper in in October 2021.
Response: NMFS, in collaboration
with the Council, made decisions on the
lane snapper catch limits based on the
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Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Rules and Regulations
most recent data on the stock status.
Although the population of lane
snapper in certain areas may not appear
to have increased, NMFS has
determined that the stock size of lane
snapper has increased substantially
Gulf-wide. The increase in the stock
ACL for lane snapper is consistent with
the result of the SEDAR 49 Update
(2020), which is the best scientific
information available, and the
recommendation of the Council’s SSC.
The inseason closure of Gulf lane
snapper in October 2021 was based on
the stock ACL in place prior to the
publication of this final rule, not on any
change in the stock’s status. The
increase in the ACL implemented
through this final rule is based updated
information on the size of the Gulf lane
snapper stock and allows NMFS to
reopen harvest to the commercial and
recreational sectors through the end of
the current fishing year. Therefore,
NMFS disagrees that the recent inseason
closure provides a basis to reject the
increase in ACL recommended by the
Council.
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Reopening of the Lane Snapper
Commercial and Recreational Sectors
for the 2021 Fishing Year
For Gulf lane snapper, the stock ACL
of 301,000 lb (136,531 kg) has been used
for stock management prior to the
implementation of this rule. Also, the
AM effective prior to the publication of
this final rule, as specified in 50 CFR
622.41(k), stated that if the sum of the
commercial and recreational lane
snapper landings exceeds the stock ACL
during a fishing year, then during the
following fishing year, if the sum of
commercial and recreational landings
reaches or is projected to reach the stock
ACL, NMFS is required to close the
commercial and recreational sectors for
the remainder of that fishing year. In the
2020 fishing year, lane snapper landings
exceeded the stock ACL by 57,638 lb
(26,144 kg). For the 2021 fishing year,
NMFS determined that the ACL in place
at the time would be reached by October
18, 2021, and published a temporary
rule that closed the fishing season for
lane snapper in the Gulf EEZ through
December 31, 2021 (86 FR 54657;
October 4, 2021).
The new ACL of 1,028,973 lb (466,734
kg) implemented through this final rule,
is effective upon publication in the
Federal Register. Therefore, in
accordance with 50 CFR 622.8(c), NMFS
reopens the Gulf lane snapper fishing
season through December 31, 2021, to
provide the opportunity for commercial
and recreational fishers to harvest the
new stock ACL.
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Classification
Pursuant to section 304(b)(3) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
framework action, the FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable laws. NMFS
issues the reopening pursuant to section
305(d) of the Magnuson-Stevens Act.
That action is taken under 50 CFR
622.8(c), which was issued pursuant to
section 304(b) of the Magnuson-Stevens
Act.
NMFS finds good cause under 5
U.S.C. 553(b)(B) to waive prior notice
and an opportunity for public comment
on the action to reopen harvest of lane
snapper, as notice and comment is
unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the regulation at
50 CFR 622.8(c) has already been
subject to notice and public comment,
and all that remains is to notify the
public that additional harvest of lane
snapper is available under the new ACL,
and therefore, that the commercial and
recreational sectors will reopen. Such
procedures are contrary to the public
interest because the fishing year ends on
December 31, 2021, and notice and
comment would not allow harvest to
reopen before that time, which would
reduce the social and economic benefits
of this rule and the ability to achieve
OY.
NMFS also finds good cause under 5
U.S.C. 553(d)(3) to waive the 30-day
delay in the effective date for these
regulations because delaying
implementation of the ACL increase and
reopening is contrary to the public
interest. A delay in effectiveness is
contrary to the public interest because it
would not allow additional harvest
before the end of 2021.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Magnuson-Stevens Act provides
the legal basis for this final rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. In
addition, no new reporting, recordkeeping, or other compliance
requirements are introduced by this
final rule. This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995. A description of this final rule,
why it is being considered, and the
purposes of this final rule are contained
in the preamble and in the SUMMARY
section of this final rule.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
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Small Business Administration during
the proposed rule stage that the
modifications to the lane snapper ACL
and AM, and administrative changes to
NMFS’s IFQ Program regulations would
not have a significant economic impact
on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
List of Subjects in 50 CFR Part 622
Annual catch limit, Fisheries, Fishing,
Gulf, Individual fishing quota, Lane
snapper, Quota, Reef fish.
Dated: December 17, 2021.
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
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. Effective January 24, 2022, in
§ 622.4, revise the fifth sentence in
paragraph (g)(1) to read as follows:
■
§ 622.4
Permits and fees—general.
*
*
*
*
*
(g) * * *
(1) * * * Application forms and
instructions for renewal are available
online at https://
www.fisheries.noaa.gov/southeast/
resources-fishing/permits-applicationsand-forms-southeast or from the RA
(Southeast Permits Office) at 1–877–
376–4877, Monday through Friday
between 8 a.m. and 4:30 p.m., eastern
time. * * *
*
*
*
*
*
■ 3. Effective January 24, 2022, in
§ 622.20, revise the third sentence in
paragraph (a)(1)(ii) to read as follows:
§ 622.20
Permits and endorsements.
(a) * * *
(1) * * *
(ii) * * * The application form and
instructions are available online at
https://www.fisheries.noaa.gov/
southeast/resources-fishing/permitsapplications-and-forms-southeast.
* * *
*
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4. Effective January 24, 2022, in
§ 622.21:
■ a. Revise the second sentence in
paragraph (a)(3)(i);
■ b. Revise the third sentence in
paragraph (b)(1); and
■ c. Revise the first sentence in
paragraphs (b)(11)(i) and (b)(11)(ii)(A)
introductory text.
The revisions read as follows:
■
§ 622.21 Individual fishing quota (IFQ)
program for Gulf red snapper.
(a) * * *
(3) * * *
(i) * * * The computer must have
current, up-to-date browser software
installed, which may be downloaded
from the internet for free. * * *
*
*
*
*
*
(b) * * *
(1) * * * An owner of a vessel with
a commercial vessel permit for Gulf reef
fish, who has established an IFQ
account for Gulf red snapper as
specified in paragraph (a)(3)(i) of this
section, online via the NMFS IFQ
website https://
secatchshares.fisheries.noaa.gov/, may
establish a vessel account through that
IFQ account for that permitted vessel.
* * *
*
*
*
*
*
(11) * * *
(i) * * * A current participant in the
red snapper IFQ program must complete
and submit the application for an IFQ
Account that is available on the website
https://secatchshares.fisheries.noaa.gov,
to certify status as a U.S. citizen or
permanent resident alien. * * *
(ii) * * *
(A) To establish an IFQ account, a
person must first complete the
application for an IFQ Account that is
available on the website https://
secatchshares.fisheries.noaa.gov. * * *
*
*
*
*
*
■ 5. Effective January 24, 2022, in
§ 622.22:
■ a. Revise the second sentence in
paragraph (a)(3)(i);
■ b. Revise the third sentence in
paragraph (b)(1); and
■ c. Revise the first sentence in
paragraph (b)(11)(i).
The revisions read as follows:
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§ 622.22 Individual fishing quota (IFQ)
program for Gulf groupers and tilefishes.
(a) * * *
(3) * * *
(i) * * * The computer must have
current, up-to-date browser software
installed, which may be downloaded
from the internet for free. * * *
*
*
*
*
*
(b) * * *
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(1) * * * An owner of a vessel with
a commercial vessel permit for Gulf reef
fish, who has established an IFQ
account for the applicable species, as
specified in paragraph (a)(3)(i) of this
section, online via the NMFS IFQ
website https://
secatchshares.fisheries.noaa.gov, may
establish a vessel account through that
IFQ account for that permitted vessel.
* * *
*
*
*
*
*
(11) * * *
(i) A current participant in the Gulf
grouper and tilefish IFQ program must
complete and submit the application for
an IFQ Account that is available on the
website https://
secatchshares.fisheries.noaa.gov, to
certify status as a U.S. citizen or
permanent resident alien. * * *
*
*
*
*
*
■ 6. Effective December 23, 2021, in
§ 622.41, revise paragraph (k) to read as
follows:
§ 622.41 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(k) Lane snapper. If the sum of the
commercial and recreational landings,
as estimated by the SRD, reaches or is
projected to reach the stock ACL, as
specified in this paragraph (k), the AA
will file a notification with the Office of
the Federal Register to close the
commercial and recreational sectors for
the remainder of the fishing year. The
stock ACL for lane snapper is 1,028,973
lb (466,734 kg), round weight.
*
*
*
*
*
[FR Doc. 2021–27752 Filed 12–22–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180117042–8884–02; RTID
0648–XB640]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
AGENCY:
NMFS is transferring 19.5
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the 28.9-mt General
category December 2022 subquota to the
January through March 2022 subquota
SUMMARY:
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period. The adjusted General category
January through March 2022 subquota is
49 mt. NMFS reminds General category
participants that when the fishery
reopens January 1, 2022, the daily
retention limit will be one large medium
or giant bluefin tuna (i.e., measuring 73
inches (185 cm) curved fork length or
greater) per vessel per day/trip. This
action is intended to provide further
opportunities for General category
fishermen to participate in the January
through March General category fishery,
based on consideration of the regulatory
determination criteria regarding
inseason adjustments and applies to
Atlantic Tunas General category
(commercial) permitted vessels and
Highly Migratory Species (HMS)
Charter/Headboat permitted vessels
with a commercial sale endorsement
when fishing commercially for BFT.
Effective January 1, 2022,
through March 31, 2022.
DATES:
FOR FURTHER INFORMATION CONTACT:
Larry Redd, Jr., larry.redd@noaa.gov,
301–427–8503, Nicholas Velseboer,
nicholas.velsboer@noaa.gov, 978–281–
9260, or Thomas Warren,
thomas.warren@noaa.gov, 978–281–
9347.
Atlantic
HMS fisheries, including BFT fisheries,
are managed under the authority of the
Atlantic Tunas Convention Act (ATCA;
16 U.S.C. 971 et seq.) and the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.). The 2006 Consolidated Atlantic
HMS Fishery Management Plan (FMP)
and its amendments are implemented
by regulations at 50 CFR part 635.
Section 635.27 divides the U.S. BFT
quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
and as implemented by the United
States among the various domestic
fishing categories, per the allocations
established in the 2006 Consolidated
HMS FMP and its amendments. NMFS
is required under the Magnuson-Stevens
Act to provide U.S. fishing vessels with
a reasonable opportunity to harvest
quotas under relevant international
fishery agreements such as the ICCAT
Convention, which is implemented
domestically pursuant to ATCA.
The baseline General category quota is
555.7 mt. The General category baseline
subquota for the January through March
time-period is 29.5 mt.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\23DER1.SGM
23DER1
]]>Agencies
[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Rules and Regulations]
[Pages 72854-72857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27752]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 211217-0261]
RIN 0648-BK36
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Lane Snapper Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues regulations to implement management measures
described in a framework action to the Fishery Management Plan for the
Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the
Gulf of Mexico Fishery Management Council (Council). This final rule
modifies catch limits in the Gulf of Mexico (Gulf) exclusive economic
zone (EEZ) for lane snapper. The purpose of this final rule and the
framework action is to modify the annual catch limit (ACL), to revise
an accountability measure (AM), and to achieve optimum yield (OY) for
the stock while preventing overfishing. This final rule also makes
minor administrative changes to replace outdated NMFS website addresses
and language about required software for the Individual Fishing Quota
(IFQ) programs. Additionally, this final rule reopens the harvest of
lane snapper for the commercial and recreational sectors as a result of
the ACL increase.
DATES: This final rule is effective January 24, 2022, except for
amendment number 6 to Sec. 622.41(k), which is effective on December
23, 2021.
The lane snapper commercial and recreational sectors will reopen
effective 12:01 a.m., local time, December 23, 2021, until the end of
the current fishing year, December 31, 2021.
ADDRESSES: Electronic copies of the framework action, which includes an
environmental assessment, and a regulatory impact review, may be
obtained from the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/framework-action-implement-modification-gulf-mexico-lane-snapper-catch-limits-and.
FOR FURTHER INFORMATION CONTACT: Dan Luers, Southeast Regional Office,
NMFS, telephone: 727-824-5305, email: [email protected].
[[Page 72855]]
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef
fish fishery, which includes lane 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 October 18, 2021, NMFS published a proposed rule for the
framework action and administrative changes to the IFQ Program and
requested public comment (86 FR 57629). The proposed rule and the
framework action outline the rationale for the actions regarding Gulf
lane snapper contained in this final rule, which is unchanged from the
proposed rule. A summary of the management measures described in the
framework action, as well as management measures not contained in the
framework action, and implemented by this final rule is described
below. All weights in the final rule are described in round weight,
unless otherwise noted.
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and to achieve, on a
continuing basis, the OY from federally managed fish stocks to ensure
that fishery resources are managed for the greatest overall benefit to
the nation, particularly with respect to providing food production and
recreational opportunities, and protecting marine ecosystems.
Lane snapper in the Gulf EEZ are managed as a single stock with a
stock ACL of 301,000 lb (136,531 kg) that has not changed since
implemented in 2012 (76 FR 82044; December 29, 2011). This stock ACL is
based on average landings from 1999 through 2008. The fishing year is
January 1 through December 31, each year.
In 2019, in response to landings data that indicated lane snapper
experienced overfishing in 2017 and exceeded its ACL in 2018, the
Council requested that the NMFS Southeast Fisheries Science Center
provide an updated, interim analysis on the lane snapper stock to
include landings data from 2015-2018. However, the updated analysis
used recreational catch estimate values that were calculated using
effort and landings information from the previous Marine Recreational
Information Program (MRIP) Coastal Household Telephone Survey (CHTS)
and the Access Point Angler Intercept Survey. The CHTS has since been
replaced by the newer MRIP Fishing Effort Survey (FES). Thus, as
requested by the Council's Scientific and Statistical Committee (SSC),
an updated analysis was provided in 2020 (SEDAR 49 Update [2020]) that
converted the recreational data used to calculate the estimated catch
limits for lane snapper to values directly comparable to those
collected through MRIP-FES.
The conversion to MRIP-FES values resulted in an approximate
doubling of recreational catch and effort estimates. Thus, based on the
results of the SEDAR 49 Update (2020) and the conversion to MRIP-FES,
the SSC recommended increasing the overfishing limit from 358,000 lb
(162,386 kg) to 1,053,834 lb (478,011 kg), and increasing the
acceptable biological catch (ABC) from 301,000 lb (135,531 kg) to
1,028,973 lb (466,734 kg). In the framework action, the Council adopted
the SSC's recommendations.
Despite landings exceeding the lane snapper ACL each year from 2016
through 2020, NMFS closed the harvest of lane snapper only once, in
2019, under the current AM, which requires a closure when the ACL is
met or projected to be met during the year following an ACL overage (84
FR 68058; December 13, 2019). Therefore, the Council is modifying the
AM in this final rule to require an in-season closure in any year
during which NMFS projects that the ACL is met.
In the 2020 fishing year, lane snapper landings exceeded the stock
ACL by 57,638 lb (26,144 kg). Therefore, consistent with the current
AM, NMFS monitored landings in 2021 and closed the harvest of lane
snapper on October 18, 2021, after determining that the ACL would be
reached by that date (86 FR 54657; October 4, 2021). The ACL increase
implemented through this final rule will allow NMFS to reopen harvest
of lane snapper until the end of the current fishing year, December 31,
2021.
Management Measures Contained in This Final Rule
This final rule modifies the ACL for the Gulf lane snapper stock.
It also modifies the AM to require NMFS to implement a closure during
the current fishing year if landings meet or are projected to meet the
revised ACL.[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED]
Annual Catch Limit
This final rule increases the lane snapper stock ACL from 301,000
lb (136,531 kg) to 1,028,973 lb (466,734 kg).
Accountability Measure
This final rule modifies the AM such that if annual landings in a
given year reach or are projected to reach the revised ACL, NMFS will
implement a seasonal closure to prohibit harvest of lane snapper by the
commercial and recreational sectors for the remainder of the fishing
year.
Measures Codified in This Final Rule Not in the Framework Action
In addition to the other measures contained in the framework action
and as explained in the proposed rule, this final rule also corrects
the NMFS Southeast Regional Office website address in the two sections
of the regulations that specify permit requirements and make several
administrative changes to NMFS's IFQ Program regulations.
Comments and Responses
NMFS received a total of 21 comments on the proposed rule for the
framework action. NMFS acknowledges the comments in favor of the
actions in the proposed rule and agrees with them. Some comments
suggested changes to lane snapper management measures that were outside
the scope of the proposed rule and framework action, such as increasing
the minimum size limit, or implementing sector allocations. These
comments are not addressed further in this final rule. Specific
comments related to the proposed rule and the framework action are
grouped by topic and addressed below.
Comment 1: NMFS should increase the lane snapper ACL but not as
much as proposed.
Response: NMFS disagrees that the ACL should not be increased as
much as proposed. As explained previously, the current ACL of 301,000
lb (136,531 kg) has been in effect since 2012, and is based on average
landings from 1999 through 2008. The ACL implemented through this final
rule is based on new information provided in the SEDAR 49 Update
(2020), which indicated that the Gulf lane snapper stock size had
increased and includes the MRIP-FES data. The conversion to MRIP-FES
data accounts for approximately half of the increase in the ACL. Thus,
after the conversion, the increase implemented in this action is
slightly less than a doubling of the current catch limits. The increase
in the stock ACL is also consistent with the Council's SSC recommended
ABC.
Comment 2: NMFS should not implement an increase in the Gulf lane
snapper ACL because lane snapper is not prevalent in some areas, the
stock is just starting to improve its health, and NMFS was required to
close harvest of lane snapper in in October 2021.
Response: NMFS, in collaboration with the Council, made decisions
on the lane snapper catch limits based on the
[[Page 72856]]
most recent data on the stock status. Although the population of lane
snapper in certain areas may not appear to have increased, NMFS has
determined that the stock size of lane snapper has increased
substantially Gulf-wide. The increase in the stock ACL for lane snapper
is consistent with the result of the SEDAR 49 Update (2020), which is
the best scientific information available, and the recommendation of
the Council's SSC.
The inseason closure of Gulf lane snapper in October 2021 was based
on the stock ACL in place prior to the publication of this final rule,
not on any change in the stock's status. The increase in the ACL
implemented through this final rule is based updated information on the
size of the Gulf lane snapper stock and allows NMFS to reopen harvest
to the commercial and recreational sectors through the end of the
current fishing year. Therefore, NMFS disagrees that the recent
inseason closure provides a basis to reject the increase in ACL
recommended by the Council.
Reopening of the Lane Snapper Commercial and Recreational Sectors for
the 2021 Fishing Year
For Gulf lane snapper, the stock ACL of 301,000 lb (136,531 kg) has
been used for stock management prior to the implementation of this
rule. Also, the AM effective prior to the publication of this final
rule, as specified in 50 CFR 622.41(k), stated that if the sum of the
commercial and recreational lane snapper landings exceeds the stock ACL
during a fishing year, then during the following fishing year, if the
sum of commercial and recreational landings reaches or is projected to
reach the stock ACL, NMFS is required to close the commercial and
recreational sectors for the remainder of that fishing year. In the
2020 fishing year, lane snapper landings exceeded the stock ACL by
57,638 lb (26,144 kg). For the 2021 fishing year, NMFS determined that
the ACL in place at the time would be reached by October 18, 2021, and
published a temporary rule that closed the fishing season for lane
snapper in the Gulf EEZ through December 31, 2021 (86 FR 54657; October
4, 2021).
The new ACL of 1,028,973 lb (466,734 kg) implemented through this
final rule, is effective upon publication in the Federal Register.
Therefore, in accordance with 50 CFR 622.8(c), NMFS reopens the Gulf
lane snapper fishing season through December 31, 2021, to provide the
opportunity for commercial and recreational fishers to harvest the new
stock ACL.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with the framework action, the FMP, other provisions of the
Magnuson-Stevens Act, and other applicable laws. NMFS issues the
reopening pursuant to section 305(d) of the Magnuson-Stevens Act. That
action is taken under 50 CFR 622.8(c), which was issued pursuant to
section 304(b) of the Magnuson-Stevens Act.
NMFS finds good cause under 5 U.S.C. 553(b)(B) to waive prior
notice and an opportunity for public comment on the action to reopen
harvest of lane snapper, as notice and comment is unnecessary and
contrary to the public interest. Such procedures are unnecessary
because the regulation at 50 CFR 622.8(c) has already been subject to
notice and public comment, and all that remains is to notify the public
that additional harvest of lane snapper is available under the new ACL,
and therefore, that the commercial and recreational sectors will
reopen. Such procedures are contrary to the public interest because the
fishing year ends on December 31, 2021, and notice and comment would
not allow harvest to reopen before that time, which would reduce the
social and economic benefits of this rule and the ability to achieve
OY.
NMFS also finds good cause under 5 U.S.C. 553(d)(3) to waive the
30-day delay in the effective date for these regulations because
delaying implementation of the ACL increase and reopening is contrary
to the public interest. A delay in effectiveness is contrary to the
public interest because it would not allow additional harvest before
the end of 2021.[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED]
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the legal basis for this final
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified. In addition, no new reporting, record-keeping, or
other compliance requirements are introduced by this final rule. This
final rule contains no information collection requirements under the
Paperwork Reduction Act of 1995. A description of this final rule, why
it is being considered, and the purposes of this final rule are
contained in the preamble and in the SUMMARY section of this final
rule.
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 the modifications to
the lane snapper ACL and AM, and administrative changes to NMFS's IFQ
Program regulations would not have a significant economic impact on a
substantial number of small entities. The factual basis for the
certification was published in the proposed rule and is not repeated
here. No comments were received regarding this certification. As a
result, a regulatory flexibility analysis was not required and none was
prepared.
List of Subjects in 50 CFR Part 622
Annual catch limit, Fisheries, Fishing, Gulf, Individual fishing
quota, Lane snapper, Quota, Reef fish.
Dated: December 17, 2021.
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. Effective January 24, 2022, in Sec. 622.4, revise the fifth
sentence in paragraph (g)(1) to read as follows:
Sec. 622.4 Permits and fees--general.
* * * * *
(g) * * *
(1) * * * Application forms and instructions for renewal are
available online at https://www.fisheries.noaa.gov/southeast/resources-fishing/permits-applications-and-forms-southeast or from the RA
(Southeast Permits Office) at 1-877-376-4877, Monday through Friday
between 8 a.m. and 4:30 p.m., eastern time. * * *
* * * * *
0
3. Effective January 24, 2022, in Sec. 622.20, revise the third
sentence in paragraph (a)(1)(ii) to read as follows:
Sec. 622.20 Permits and endorsements.
(a) * * *
(1) * * *
(ii) * * * The application form and instructions are available
online at https://www.fisheries.noaa.gov/southeast/resources-fishing/permits-applications-and-forms-southeast. * * *
* * * * *
[[Page 72857]]
0
4. Effective January 24, 2022, in Sec. 622.21:
0
a. Revise the second sentence in paragraph (a)(3)(i);
0
b. Revise the third sentence in paragraph (b)(1); and
0
c. Revise the first sentence in paragraphs (b)(11)(i) and
(b)(11)(ii)(A) introductory text.
The revisions read as follows:
Sec. 622.21 Individual fishing quota (IFQ) program for Gulf red
snapper.
(a) * * *
(3) * * *
(i) * * * The computer must have current, up-to-date browser
software installed, which may be downloaded from the internet for free.
* * *
* * * * *
(b) * * *
(1) * * * An owner of a vessel with a commercial vessel permit for
Gulf reef fish, who has established an IFQ account for Gulf red snapper
as specified in paragraph (a)(3)(i) of this section, online via the
NMFS IFQ website https://secatchshares.fisheries.noaa.gov/, may
establish a vessel account through that IFQ account for that permitted
vessel. * * *
* * * * *
(11) * * *
(i) * * * A current participant in the red snapper IFQ program must
complete and submit the application for an IFQ Account that is
available on the website https://secatchshares.fisheries.noaa.gov, to
certify status as a U.S. citizen or permanent resident alien. * * *
(ii) * * *
(A) To establish an IFQ account, a person must first complete the
application for an IFQ Account that is available on the website https://secatchshares.fisheries.noaa.gov. * * *
* * * * *
0
5. Effective January 24, 2022, in Sec. 622.22:
0
a. Revise the second sentence in paragraph (a)(3)(i);
0
b. Revise the third sentence in paragraph (b)(1); and
0
c. Revise the first sentence in paragraph (b)(11)(i).
The revisions read as follows:
Sec. 622.22 Individual fishing quota (IFQ) program for Gulf groupers
and tilefishes.
(a) * * *
(3) * * *[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED]
(i) * * * The computer must have current, up-to-date browser
software installed, which may be downloaded from the internet for free.
* * *
* * * * *
(b) * * *
(1) * * * An owner of a vessel with a commercial vessel permit for
Gulf reef fish, who has established an IFQ account for the applicable
species, as specified in paragraph (a)(3)(i) of this section, online
via the NMFS IFQ website https://secatchshares.fisheries.noaa.gov, may
establish a vessel account through that IFQ account for that permitted
vessel. * * *
* * * * *
(11) * * *
(i) A current participant in the Gulf grouper and tilefish IFQ
program must complete and submit the application for an IFQ Account
that is available on the website https://secatchshares.fisheries.noaa.gov, to certify status as a U.S. citizen
or permanent resident alien. * * *
* * * * *
0
6. Effective December 23, 2021, in Sec. 622.41, revise paragraph (k)
to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(k) Lane snapper. If the sum of the commercial and recreational
landings, as estimated by the SRD, reaches or is projected to reach the
stock ACL, as specified in this paragraph (k), the AA will file a
notification with the Office of the Federal Register to close the
commercial and recreational sectors for the remainder of the fishing
year. The stock ACL for lane snapper is 1,028,973 lb (466,734 kg),
round weight.
* * * * *
[FR Doc. 2021-27752 Filed 12-22-21; 8:45 am]
BILLING CODE 3510-22-P[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES]
