Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Vermilion Snapper Harvest Levels, 74588-74591 [2022-26484]
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Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Proposed Rules
Measures to be considered include
implementation of Libby’s Contingency
Rules 75.1.208 and 75.1.307, as spelled
out in Montana’s Libby PM2.5 attainment
plan, the use of deciphers, additional
street cleaning, etc.
Upon our review, we find that the
contingency provisions of the Libby
PM2.5 LMP satisfy the pertinent
requirements of section 175A of the
CAA.
D. Transportation and General
Conformity
The requirements for transportation
and general conformity are found in
CAA section 176(c). Conformity to the
SIP means that transportation-related
actions (transportation conformity) and
other federal actions (general
conformity) will not cause or contribute
to any new violation of any standard in
any area, increase the frequency or
severity of any existing violation of any
standard in any area or delay timely
attainment of any standard or any
required interim emission reductions or
other milestones in any area (CAA
section 176(c)(1)(B)).
As discussed in section II.B, if the
proposal is finalized, the 1997 primary
annual PM2.5 NAAQS will be revoked in
the Libby Area on the effective date of
the redesignation. Beginning on that
date, the Area will no longer be subject
to transportation conformity or general
conformity requirements for the 1997
annual PM2.5 NAAQS due to the
revocation of the 1997 primary annual
PM2.5 NAAQS. See 81 FR 58125–6.
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V. What are the effects of EPA’s
proposed actions?
EPA’s proposed actions establish the
basis upon which EPA may take final
action on the issues being proposed for
approval. Approval of Montana’s
redesignation request would change the
legal designation of Lincoln County for
the 1997 annual PM2.5 NAAQS, found at
40 CFR part 81, from nonattainment to
attainment. The limited maintenance
plan includes contingency measures to
remedy any future violations of the 1997
annual PM2.5 NAAQS and procedures
for evaluation of potential violations.
VI. Proposed Actions
EPA is proposing to: (1) determine
that the Libby Area is attaining the 1997
annual PM2.5 NAAQS based on 2014–
2021 data; (2) approve Montana’s plan
for maintaining the 1997 annual PM2.5
NAAQS (limited maintenance plan);
and (3) redesignate the Libby Area to
attainment for the 1997 annual PM2.5
NAAQS. If finalized, approval of the
redesignation request would change the
official designation of Lincoln County
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for the 1997 annual PM2.5 NAAQS,
found at 40 CFR part 81 from
nonattainment to attainment, as found
at 40 CFR part 81.
VII. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan are actions that affect
the status of a geographical area and do
not impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
these reasons, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
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application of those requirements would
be inconsistent with the CAA; and
• Executive Order 12898 (59 FR 7629,
February 16, 1994, directs federal
agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate disproportionately high
and adverse human health or
environmental effects of their program,
policies, and activities on minority
populations (people of color/Indigenous
people) and low-income populations.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks, and
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 1, 2022.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2022–26504 Filed 12–5–22; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 221130–0256]
RIN 0648–BL29
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Vermilion Snapper Harvest Levels
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Proposed Rules
Proposed rule; request for
comments.
ACTION:
NMFS proposes to implement
management measures described in a
framework action under the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP),
as prepared by the Gulf of Mexico
Fishery Management Council (Council).
If implemented, this proposed rule
would increase catch levels for
vermilion snapper in the Gulf of Mexico
(Gulf). The purpose of this proposed
rule is to prevent overfishing of Gulf
vermilion snapper and to achieve
optimum yield (OY).
DATES: Written comments must be
received on or before January 5, 2023.
ADDRESSES: You may submit comments
on the amendment identified by
‘‘NOAA–NMFS–2022–0099’’ by either
of the following methods:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
‘‘NOAA–NMFS–2022–0099’’, in the
Search box. Click the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Mail: Submit written comments to
Rich Malinowski, Southeast Regional
Office, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of the framework
action, which includes an
environmental assessment, a fishery
impact statement, a Regulatory
Flexibility Act (RFA) analysis, and a
regulatory impact review, may be
obtained from the Southeast Regional
Office website at https://
www.fisheries.noaa.gov/action/
modification-gulf-mexico-vermilionsnapper-overfishing-limit-acceptablebiological-catch-and?check_logged_
in=1.
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SUMMARY:
Rich
Malinowski, Southeast Regional Office,
FOR FURTHER INFORMATION CONTACT:
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NMFS, telephone: 727–824–5305; email:
rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Council manage the Gulf reef fish
fishery, which includes vermilion
snapper, under the FMP. The Council
prepared the FMP and NMFS
implements the FMP through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing and
achieve, on a continuing basis, the OY
from federally managed fish stocks.
These mandates are intended to ensure
fishery resources are managed for the
greatest overall benefit to the nation,
particularly with respect to providing
food production and recreational
opportunities, and protecting marine
ecosystems.
All weights described in this
proposed rule are in round weight.
In 2012, the Generic Annual Catch
Limits and Accountability Measures
Amendment (76 FR 82044, December
29, 2011) for the Gulf established catch
limits for vermilion snapper including
the overfishing limit (OFL), acceptable
biological catch (ABC), and annual
catch limit (ACL). Amendment 47 to the
FMP (83 FR 22210, May 14, 2018)
specified the proxy for maximum
sustainable yield (MSY) as the yield
when fishing at a mortality rate
corresponding to 30 percent spawning
potential ratio (F30% SPR) and decreased
the vermilion snapper OFL, ABC, and
ACL based on the results of the 2016
Southeast Data Assessment Review
(SEDAR) stock assessment (SEDAR 45),
and the recommendations of the
Council’s Scientific and Statistical
Committee (SSC). The SSC
recommended a declining OFL derived
from fishing at the MSY proxy. The OFL
for 2021 and beyond specified in
Amendment 47 is 3,490,000 lb
(1,583,037 kg). The SSC also provided
two recommendations for ABC: one
derived from fishing at 75% of the MSY
proxy, which declined from 2017
through 2021, and one derived using the
average of the 2017–2021 ABCs, which
resulted in a constant ABC. The Council
chose to adopt the constant catch ABC
of 3,110,000 lb (1,410,672 kg), and set
the ACL equal to the ABC. Vermilion
snapper annual landings have been less
than this ACL since the implementation
of the stock ACL in 2012, with the
exception of 2018 when it was exceeded
by 3 percent.
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74589
In 2020, a new assessment (SEDAR
67) was completed for vermilion
snapper using data through the 2017
fishing year. The SEDAR 67 results
indicate the stock is not overfished and
not experiencing overfishing. SEDAR 67
included new data sources, including
historical recreational catch and effort
data adjusted to be consistent with the
Marine Recreational Information
Program (MRIP) Fishing Effort Survey
(FES). MRIP transitioned from the
legacy Coastal Household Telephone
Survey (CHTS) to the new FES mail
survey. The FES was launched in 2015,
and replaced the CHTS in 2018. Both
survey methods collect data needed to
estimate marine recreational fishing
effort by private anglers on the Atlantic
and Gulf coasts. The CHTS used
random-digit dialing of homes in coastal
counties to contact fishermen. The new
mail-based FES uses fishing license and
registration information as one way to
identify and contact fishermen
(supplemented with data from the U.S.
Postal Service). MRIP–FES landings
estimates are generally greater than
those generated by MRIP–CHTS and
NMFS developed a calibration model to
allow estimates produced by either
survey to be adjusted to be consistent
with the estimates produced by the
other survey.
To determine how inclusion of FESadjusted landings estimates in SEDAR
67 impacted the catch projections for
vermilion snapper, the previously
accepted assessment model used in
SEDAR 45 was updated using the FES
data. The same 5-year (2017–2021)
average used to set the current ABC was
applied to the revised SEDAR 45
projections. This resulted in an FESbased OFL estimate of 6,760,000 lb
(3,066,284 kg), which is almost double
the current OFL of 3,580,000 lb
(1,623,861 kg). Thus, using FES
landings estimates in the SEDAR 45
model indicates that the OFL would
have been much higher had the FES
data been available at the time the
previous assessment was completed.
The SSC reviewed SEDAR 67, agreed
that vermilion snapper is not overfished
or undergoing overfishing, and reviewed
the SEDAR 67 projections. Due to the
uncertainty in the SEDAR 67 assessment
and recent recruitment, the SSC
determined that the catch levels should
be based on the average of the
projections from 2021–2025, and
recommended an increase in the OFL to
8,600,000 lb (3,900,894 kg) and an
increase in the ABC to 7,270,000 lb
(3,297,617 kg).
The Council’s Reef Fish Advisory
Panel (AP) reviewed the SSC
recommendations and expressed
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Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Proposed Rules
concerns about setting the ACL equal to
the ABC, noting that recent landings
have been relatively low. Using MRIP–
FES estimates, recreational landings
from 2012 through 2020 have generally
been below 4,000,000 lb (1,814,369 kg),
with the highest landings occurring in
2018 at approximately 4,380,000 lb
(1,986,735 kg). The AP recommended
that the stock ACL be set at 75 percent
of the ABC and the Council agreed with
the AP’s recommendation. Based on the
recommendations from the SSC and the
AP the Council chose to update the
catch limits and approved the
framework action at its January 2022
meeting.
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Management Measures Contained in
This Proposed Rule
If implemented, this proposed rule
would revise the ACL for the Gulf
vermilion snapper stock. The current
stock ACL for Gulf vermilion snapper is
3.11 million lb (1.41 million kg), is
equal to the ABC, and is based on the
results of SEDAR 45, which used data
from MRIP–CHTS. This proposed rule
would increase the total ACL for Gulf
vermilion snapper from 3.11 million lb
(1.41 million kg) to 5,452,500 lb
(2,473,212 kg). The proposed ACL is
based on SEDAR 67, which used MRIP–
FES recreational landing estimates and
is equal to 75 percent of the ABC as
recommended by the Council’s AP.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the framework action, the FMP,
other provisions of the MagnusonStevens Act, and other applicable law,
subject to further consideration after
public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
Pursuant to section 605(b) of the
Regulatory Flexibility Act (RFA), the
Chief Counsel for Regulation of the
Department of Commerce has certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
The factual basis for this determination
follows.
A description of this proposed rule,
why it is being considered, and the
objectives of this proposed rule are
contained in the preamble. The
Magnuson-Stevens Act provides the
statutory basis for this proposed rule.
This proposed rule, if implemented,
would apply to all federally-permitted
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Jkt 259001
commercial vessels, federally-permitted
charter vessels and headboats (for-hire
vessels), and recreational anglers that
fish for or harvest vermilion snapper in
Federal waters of the Gulf. Although the
rule and the framework action would
apply to for-hire vessels, it would not be
expected to have any direct effects on
these entities. For-hire vessels sell
fishing services to recreational anglers.
The proposed changes to the vermilion
snapper management measures would
not directly alter the services sold by
these vessels. Any change in demand for
these fishing services, and associated
economic effects, as a result of this
proposed rule would be a consequence
of a change in anglers’ behavior,
secondary to any direct effect on anglers
and, therefore, an indirect effect of the
proposed rule. Because the effects on
for-hire vessels would be indirect, they
fall outside the scope of the RFA. Forhire captains and crew are permitted to
retain vermilion snapper under the
recreational bag limit; however, they are
not permitted to sell these fish. As such,
for-hire captains and crew are only
affected as recreational anglers. The
RFA does not consider recreational
anglers to be small entities, so they are
also outside the scope of this analysis (5
U.S.C. 603). Small entities include small
businesses, small organizations, and
small governmental jurisdictions (5
U.S.C. 601(6) and 601(3)–(5)).
Recreational anglers are not businesses,
organizations, or governmental
jurisdictions. In summary, only the
impacts on commercial vessels will be
discussed.
As of December 21, 2021, there were
747 valid or renewable limited access
commercial reef fish permits. A
renewable permit is an expired limited
access permit that cannot be actively
fished, but can be renewed for up to 1
year after expiration. On average from
2015 through 2019, there were 369
federally-permitted commercial vessels
each year with reported landings of
vermilion snapper in the Gulf. Their
average annual vessel-level gross
revenue from all species for 2015
through 2019 was approximately
$156,000 (2020 dollars) and vermilion
snapper accounted for approximately 7
percent of this revenue. For vessels that
harvest reef fish species in the Gulf,
NMFS estimates that economic profits
are equivalent to 34 percent of annual
gross revenue, on average. The
maximum annual revenue from all
species reported by a single one of the
commercial vessels that landed Gulf
vermilion snapper from 2015 through
2019 was approximately $2.4 million
(2020 dollars).
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For RFA purposes only, the NMFS
has established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily engaged in
commercial fishing (NAICS code 11411)
is classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and has
combined annual receipts not in excess
of $11 million for all its affiliated
operations worldwide. All of the
commercial fishing businesses directly
regulated by this proposed rule are
believed to be small entities based on
the NMFS size standard. No other small
entities that would be directly affected
by this proposed rule have been
identified.
This proposed rule would modify the
Gulf vermilion snapper stock ACL based
on the recommendation of the Gulf
Council’s SSC and AP. The ACL would
be set at 75 percent of the ABC or
5,452,500 lb (2,473,212 kg). This value
is not directly comparable to the current
ACL of 3,110,000 lb (1,410,000 kg)
because the current ACL is based on
MRIP–CHTS data for the recreational
sector; whereas, the proposed ACL is
based on newer MRIP–FES data. It is not
possible to distinguish the portion of the
increase to the vermilion snapper ACL
due to the conversion from MRIP–CHTS
to MRIP–FES units from the portion
attributable to improvements in the
health of the vermilion snapper stock.
Therefore, economic effects that would
be expected to result from this proposed
action cannot be quantified. Relative to
the status quo, an increased stock ACL
for vermilion snapper would be
expected to afford additional fishing
opportunities to the commercial sector,
thereby potentially increasing ex-vessel
revenue and profits. Such effects would
only materialize if the commercial
sector is able to increase landings
relative to status quo landings.
In summary, the information provided
above supports a determination that this
proposed rule would not have a
significant economic impact on a
substantial number of small entities. As
a result, an initial regulatory flexibility
analysis is not required and none has
been prepared.
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 proposed rule.
This proposed rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
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74591
Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Proposed Rules
List of Subjects in 50 CFR Part 622
NMFS proposes 2023
specifications for the summer flounder,
scup, and black sea fisheries. The
implementing regulations for the
Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan require
us to publish specifications for the
upcoming fishing year for each of these
species and to provide an opportunity
for public comment. The proposed
specifications are intended to establish
allowable harvest levels for these
species that will prevent overfishing,
consistent with the most recent
scientific information. This rule also
proposes to make a change to the
regulations to facilitate states’
participation in a Wave 1 (January–
February) recreational black sea bass
fishery.
DATES: Comments must be received on
or before December 21, 2022.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2022–0112, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2022–0112 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
A Supplemental Information Report
(SIR) was prepared for the 2023 summer
flounder, scup, and black sea bass
specifications and a Categorical
Exclusion (CE) was prepared for the
SUMMARY:
Annual catch limits, Fisheries,
Fishing, Gulf, Reef fish, Vermilion
snapper.
Dated: December 1, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS proposes to amend 50
CFR part 622 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. In § 622.41, revise the last sentence
of paragraph (j) to read as follows:
■
§ 622.41 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(j) * * * The stock ACL for vermilion
snapper is 5,452,500 lb (2,473,212 kg),
round weight.
*
*
*
*
*
[FR Doc. 2022–26484 Filed 12–5–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 221129–0253]
RIN 0648–BL83
Fisheries of the Northeastern United
States; 2023 Summer Flounder, Scup,
and Black Sea Bass Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
administrative change for the Wave 1
black sea bass fishery. Copies of the SIR
and CE are available upon request from
Dr. Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800
North State Street, Dover, DE 19901.
FOR FURTHER INFORMATION CONTACT:
Laura Hansen, Fishery Management
Specialist, (978) 281–9225.
SUPPLEMENTARY INFORMATION:
General Background
The Mid-Atlantic Fishery
Management Council and the Atlantic
States Marine Fisheries Commission
cooperatively manage the summer
flounder, scup, and black sea bass
fisheries. The Summer Flounder, Scup,
and Black Sea Bass Fishery Management
Plan (FMP) outlines the Council’s
process for establishing specifications.
The FMP requires NMFS to set an
acceptable biological catch (ABC),
annual catch limit (ACL), annual catch
targets (ACT), commercial quotas,
recreational harvest limits (RHL), and
other management measures, for 1 to 3
years at a time. In December 2021, the
Council and Board adopted revised
quota allocations for these three species
to the commercial and recreational
sectors of the fisheries as part of the
Commercial-Recreational Allocation
Amendment (Amendment 22). NMFS
approved Amendment 22 on November
7, 2022. This action would set the ABC,
as well as the recreational and
commercial ACL, ACT, commercial
quotas, and RHL for all three species, for
2023, consistent with the
recommendations made by the
Commission’s Summer Flounder, Scup,
and Black Sea Bass Board and Council
at their joint August 2022 meeting. This
rule also proposes to make a change to
the regulations to facilitate states’
participation in a Wave 1 recreational
black sea bass fishery.
Proposed 2023 Specifications
Proposed specifications for summer
flounder, scup, and black sea bass are
outlined in Table 1.
TABLE 1—PROPOSED 2023 SUMMER FLOUNDER, SCUP, AND BLACK SEA BASS SPECIFICATIONS
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(Million lb/metric tons (mt))
Summer flounder
Overfishing Limit (OFL) .................................
Acceptable Biological Catch (ABC) ...............
Commercial ACL = Commercial Annual
Catch Target (ACT) ....................................
Commercial Quota .........................................
Recreational ACL = Recreational ACT ..........
Recreational Harvest Limit ............................
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Scup
34.98 lb (15,867 mt)
33.12 lb (15,023 mt)
18.21
15.27
14.90
10.62
Frm 00073
lb
lb
lb
lb
(8,260
(6,926
(6,759
(4,817
Fmt 4702
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mt)
mt)
mt)
Sfmt 4702
Black sea bass
30.09 lb (13,649 mt)
29.67 lb (13,458 mt)
19.29
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10.39
9.27
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lb
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(8,750
(6,355
(4,713
(4,205
E:\FR\FM\06DEP1.SGM
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mt)
mt)
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06DEP1
17.01 lb (7,716 mt)
16.66 lb (7,557 mt)
7.50
4.80
9.16
6.57
lb
lb
lb
lb
(3,402
(2,177
(4,155
(2,980
mt)
mt)
mt)
mt)
]]>Agencies
[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Proposed Rules]
[Pages 74588-74591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26484]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 221130-0256]
RIN 0648-BL29
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Vermilion Snapper Harvest
Levels
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 74589]]
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to implement management measures described in a
framework action under the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of
Mexico Fishery Management Council (Council). If implemented, this
proposed rule would increase catch levels for vermilion snapper in the
Gulf of Mexico (Gulf). The purpose of this proposed rule is to prevent
overfishing of Gulf vermilion snapper and to achieve optimum yield
(OY).
DATES: Written comments must be received on or before January 5, 2023.
ADDRESSES: You may submit comments on the amendment identified by
``NOAA-NMFS-2022-0099'' by either of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and
enter ``NOAA-NMFS-2022-0099'', in the Search box. Click the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Rich Malinowski, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of the framework action, which includes an
environmental assessment, a fishery impact statement, a Regulatory
Flexibility Act (RFA) analysis, and a regulatory impact review, may be
obtained from the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/modification-gulf-mexico-vermilion-snapper-overfishing-limit-acceptable-biological-catch-and?check_logged_in=1.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, Southeast Regional
Office, NMFS, telephone: 727-824-5305; email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef
fish fishery, which includes vermilion snapper, under the FMP. The
Council prepared the FMP and NMFS implements the FMP through
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the OY from federally managed fish stocks. These mandates are
intended to ensure fishery resources are managed for the greatest
overall benefit to the nation, particularly with respect to providing
food production and recreational opportunities, and protecting marine
ecosystems.
All weights described in this proposed rule are in round weight.
In 2012, the Generic Annual Catch Limits and Accountability
Measures Amendment (76 FR 82044, December 29, 2011) for the Gulf
established catch limits for vermilion snapper including the
overfishing limit (OFL), acceptable biological catch (ABC), and annual
catch limit (ACL). Amendment 47 to the FMP (83 FR 22210, May 14, 2018)
specified the proxy for maximum sustainable yield (MSY) as the yield
when fishing at a mortality rate corresponding to 30 percent spawning
potential ratio (F30% SPR) and decreased the vermilion
snapper OFL, ABC, and ACL based on the results of the 2016 Southeast
Data Assessment Review (SEDAR) stock assessment (SEDAR 45), and the
recommendations of the Council's Scientific and Statistical Committee
(SSC). The SSC recommended a declining OFL derived from fishing at the
MSY proxy. The OFL for 2021 and beyond specified in Amendment 47 is
3,490,000 lb (1,583,037 kg). The SSC also provided two recommendations
for ABC: one derived from fishing at 75% of the MSY proxy, which
declined from 2017 through 2021, and one derived using the average of
the 2017-2021 ABCs, which resulted in a constant ABC. The Council chose
to adopt the constant catch ABC of 3,110,000 lb (1,410,672 kg), and set
the ACL equal to the ABC. Vermilion snapper annual landings have been
less than this ACL since the implementation of the stock ACL in 2012,
with the exception of 2018 when it was exceeded by 3 percent.
In 2020, a new assessment (SEDAR 67) was completed for vermilion
snapper using data through the 2017 fishing year. The SEDAR 67 results
indicate the stock is not overfished and not experiencing overfishing.
SEDAR 67 included new data sources, including historical recreational
catch and effort data adjusted to be consistent with the Marine
Recreational Information Program (MRIP) Fishing Effort Survey (FES).
MRIP transitioned from the legacy Coastal Household Telephone Survey
(CHTS) to the new FES mail survey. The FES was launched in 2015, and
replaced the CHTS in 2018. Both survey methods collect data needed to
estimate marine recreational fishing effort by private anglers on the
Atlantic and Gulf coasts. The CHTS used random-digit dialing of homes
in coastal counties to contact fishermen. The new mail-based FES uses
fishing license and registration information as one way to identify and
contact fishermen (supplemented with data from the U.S. Postal
Service). MRIP-FES landings estimates are generally greater than those
generated by MRIP-CHTS and NMFS developed a calibration model to allow
estimates produced by either survey to be adjusted to be consistent
with the estimates produced by the other survey.
To determine how inclusion of FES-adjusted landings estimates in
SEDAR 67 impacted the catch projections for vermilion snapper, the
previously accepted assessment model used in SEDAR 45 was updated using
the FES data. The same 5-year (2017-2021) average used to set the
current ABC was applied to the revised SEDAR 45 projections. This
resulted in an FES-based OFL estimate of 6,760,000 lb (3,066,284 kg),
which is almost double the current OFL of 3,580,000 lb (1,623,861 kg).
Thus, using FES landings estimates in the SEDAR 45 model indicates that
the OFL would have been much higher had the FES data been available at
the time the previous assessment was completed.
The SSC reviewed SEDAR 67, agreed that vermilion snapper is not
overfished or undergoing overfishing, and reviewed the SEDAR 67
projections. Due to the uncertainty in the SEDAR 67 assessment and
recent recruitment, the SSC determined that the catch levels should be
based on the average of the projections from 2021-2025, and recommended
an increase in the OFL to 8,600,000 lb (3,900,894 kg) and an increase
in the ABC to 7,270,000 lb (3,297,617 kg).
The Council's Reef Fish Advisory Panel (AP) reviewed the SSC
recommendations and expressed
[[Page 74590]]
concerns about setting the ACL equal to the ABC, noting that recent
landings have been relatively low. Using MRIP-FES estimates,
recreational landings from 2012 through 2020 have generally been below
4,000,000 lb (1,814,369 kg), with the highest landings occurring in
2018 at approximately 4,380,000 lb (1,986,735 kg). The AP recommended
that the stock ACL be set at 75 percent of the ABC and the Council
agreed with the AP's recommendation. Based on the recommendations from
the SSC and the AP the Council chose to update the catch limits and
approved the framework action at its January 2022 meeting.
Management Measures Contained in This Proposed Rule
If implemented, this proposed rule would revise the ACL for the
Gulf vermilion snapper stock. The current stock ACL for Gulf vermilion
snapper is 3.11 million lb (1.41 million kg), is equal to the ABC, and
is based on the results of SEDAR 45, which used data from MRIP-CHTS.
This proposed rule would increase the total ACL for Gulf vermilion
snapper from 3.11 million lb (1.41 million kg) to 5,452,500 lb
(2,473,212 kg). The proposed ACL is based on SEDAR 67, which used MRIP-
FES recreational landing estimates and is equal to 75 percent of the
ABC as recommended by the Council's AP.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the framework action, the FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA),
the Chief Counsel for Regulation of the Department of Commerce has
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this determination follows.
A description of this proposed rule, why it is being considered,
and the objectives of this proposed rule are contained in the preamble.
The Magnuson-Stevens Act provides the statutory basis for this proposed
rule.
This proposed rule, if implemented, would apply to all federally-
permitted commercial vessels, federally-permitted charter vessels and
headboats (for-hire vessels), and recreational anglers that fish for or
harvest vermilion snapper in Federal waters of the Gulf. Although the
rule and the framework action would apply to for-hire vessels, it would
not be expected to have any direct effects on these entities. For-hire
vessels sell fishing services to recreational anglers. The proposed
changes to the vermilion snapper management measures would not directly
alter the services sold by these vessels. Any change in demand for
these fishing services, and associated economic effects, as a result of
this proposed rule would be a consequence of a change in anglers'
behavior, secondary to any direct effect on anglers and, therefore, an
indirect effect of the proposed rule. Because the effects on for-hire
vessels would be indirect, they fall outside the scope of the RFA. For-
hire captains and crew are permitted to retain vermilion snapper under
the recreational bag limit; however, they are not permitted to sell
these fish. As such, for-hire captains and crew are only affected as
recreational anglers. The RFA does not consider recreational anglers to
be small entities, so they are also outside the scope of this analysis
(5 U.S.C. 603). Small entities include small businesses, small
organizations, and small governmental jurisdictions (5 U.S.C. 601(6)
and 601(3)-(5)). Recreational anglers are not businesses,
organizations, or governmental jurisdictions. In summary, only the
impacts on commercial vessels will be discussed.
As of December 21, 2021, there were 747 valid or renewable limited
access commercial reef fish permits. A renewable permit is an expired
limited access permit that cannot be actively fished, but can be
renewed for up to 1 year after expiration. On average from 2015 through
2019, there were 369 federally-permitted commercial vessels each year
with reported landings of vermilion snapper in the Gulf. Their average
annual vessel-level gross revenue from all species for 2015 through
2019 was approximately $156,000 (2020 dollars) and vermilion snapper
accounted for approximately 7 percent of this revenue. For vessels that
harvest reef fish species in the Gulf, NMFS estimates that economic
profits are equivalent to 34 percent of annual gross revenue, on
average. The maximum annual revenue from all species reported by a
single one of the commercial vessels that landed Gulf vermilion snapper
from 2015 through 2019 was approximately $2.4 million (2020 dollars).
For RFA purposes only, the NMFS has established a small business
size standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide. All of the commercial fishing
businesses directly regulated by this proposed rule are believed to be
small entities based on the NMFS size standard. No other small entities
that would be directly affected by this proposed rule have been
identified.
This proposed rule would modify the Gulf vermilion snapper stock
ACL based on the recommendation of the Gulf Council's SSC and AP. The
ACL would be set at 75 percent of the ABC or 5,452,500 lb (2,473,212
kg). This value is not directly comparable to the current ACL of
3,110,000 lb (1,410,000 kg) because the current ACL is based on MRIP-
CHTS data for the recreational sector; whereas, the proposed ACL is
based on newer MRIP-FES data. It is not possible to distinguish the
portion of the increase to the vermilion snapper ACL due to the
conversion from MRIP-CHTS to MRIP-FES units from the portion
attributable to improvements in the health of the vermilion snapper
stock. Therefore, economic effects that would be expected to result
from this proposed action cannot be quantified. Relative to the status
quo, an increased stock ACL for vermilion snapper would be expected to
afford additional fishing opportunities to the commercial sector,
thereby potentially increasing ex-vessel revenue and profits. Such
effects would only materialize if the commercial sector is able to
increase landings relative to status quo landings.
In summary, the information provided above supports a determination
that this proposed rule would not have a significant economic impact on
a substantial number of small entities. As a result, an initial
regulatory flexibility analysis is not required and none has been
prepared.
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 proposed rule.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
[[Page 74591]]
List of Subjects in 50 CFR Part 622
Annual catch limits, Fisheries, Fishing, Gulf, Reef fish, Vermilion
snapper.
Dated: December 1, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 622 as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.41, revise the last sentence of paragraph (j) to read
as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(j) * * * The stock ACL for vermilion snapper is 5,452,500 lb
(2,473,212 kg), round weight.
* * * * *
[FR Doc. 2022-26484 Filed 12-5-22; 8:45 am]
BILLING CODE 3510-22-P
