Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Harvest Levels, 37475-37479 [2023-12243]
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Federal Register / Vol. 88, No. 110 / Thursday, June 8, 2023 / Rules and Regulations
ACTION:
Final rule.
This document amends the
FM Table of Allotments, of the Federal
Communications Commission’s
(Commission) rules, by substituting
Channel 256A for vacant Channel 288A
at Tecopa, California to accommodate
the hybrid modification application for
Station KRZQ(FM), Amargosa Valley,
Nevada to specify operation on Channel
291C in lieu of Channel 290C1. A staff
engineering analysis indicates that
Channel 256A can be allotted to Tecopa,
California, consistent with the
minimum distance separation
requirements of the Commission’s rules,
with a site restriction of 2.3 km (1.4
miles) northwest of the community. The
reference coordinates are 35–50–48 NL
and 116–13–27 WL.
DATES: Effective July 17, 2023.
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2054.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, adopted June 2, 2023 and
released June 2, 2023. The full text of
this Commission decision is available
online at https://apps.fcc.gov/ecfs/. The
full text of this document can also be
downloaded in Word or Portable
Document Format (PDF) at https://
www.fcc.gov/edocs. This document does
not contain information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13.
The Commission will send a copy of
the Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
SUMMARY:
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media
Bureau.
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Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
2. In § 73.202(b), amend the Table of
FM Allotments under California, by
■
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revising the entry for ‘‘Tecopa’’ to read
as follows:
§ 73.202
*
Table of Allotments.
*
*
*
*
(b) Table of FM Allotments.
TABLE 1 TO PARAGRAPH (b)
U.S. States
Channel No.
California
*
*
*
Tecopa ..................................
*
*
*
*
*
256A
*
*
[FR Doc. 2023–12269 Filed 6–7–23; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 230602–0141]
RIN 0648–BL84
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Red
Snapper Harvest Levels
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 under
the Fishery Management Plan for the
Reef Fish Resources of the Gulf of
Mexico (FMP), as prepared by the Gulf
of Mexico (Gulf) Fishery Management
Council (Council). This final rule
revises the commercial and recreational
annual catch limits (ACLs) and annual
catch targets (ACTs) for red snapper in
the Gulf exclusive economic zone (EEZ).
The purpose of this final rule is to
increase the Gulf red snapper ACLs and
ACTs consistent with best scientific
information available, and to continue
to achieve optimum yield (OY) for the
stock.
DATES: This final rule is effective July
10, 2023.
ADDRESSES: Electronic copies of the
framework action, which includes an
environmental assessment, regulatory
impact review, and a Regulatory
Flexibility Act (RFA) analysis, may be
obtained from the Southeast Regional
SUMMARY:
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Office website at https://
www.fisheries.noaa.gov/action/
modification-catch-limits-gulf-mexicored-snapper.
FOR FURTHER INFORMATION CONTACT: Dan
Luers, Southeast Regional Office,
NMFS, telephone: 727–824–5305, email:
daniel.luers@noaa.gov.
SUPPLEMENTARY INFORMATION: The Gulf
reef fish fishery, which includes red
snapper, is managed under the FMP.
The FMP was prepared by the Council
and is implemented by NMFS through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Steven Act).
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.
On February 28, 2023, NMFS
published a proposed rule for the
framework action and requested public
comment (88 FR 12642). The proposed
rule and the framework action outline
the rationale for the actions contained in
this final rule. A summary of the
management measures described in the
framework action and implemented by
this final rule is described below.
Unless otherwise noted, all weights in
this final rule are in round weight.
Red snapper in the Gulf EEZ is
harvested by both the commercial and
recreational sectors. The stock ACL for
red snapper is equal to the acceptable
biological catch (ABC) recommended by
the Council’s Scientific and Statistical
Committee (SSC), and each sector has
its own ACL and associated
management measures. The stock ACL
is allocated 51 percent to the
commercial sector and 49 percent to the
recreational sector. In 2015,
Amendment 40 to the FMP (80 FR
22422, April 22, 2015) divided the
recreational ACL (quota) between the
Federal charter vessel/headboat (forhire) component (42.3 percent) and the
private angling component (57.7
percent).
In 2020, NMFS implemented state
management of red snapper for the
private angling component as specified
in Amendments 50 A–F to the FMP (85
FR 6819, February 6, 2020). Through
these amendments, each Gulf state was
allocated a portion of the red snapper
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private angling component ACL and
was delegated the authority to set the
private angling fishing season, bag limit,
and size limit. However, each Gulf state
was managing the harvest by its private
anglers using estimates from its own
state data collection program, which,
except for Texas, was not directly
comparable to the state’s ACL. To
address this issue, the Council, Gulf
States, and NMFS worked to develop
and implement calibration ratios that
adjusted each state’s private angling
component ACL so that it could be
directly compared to the landings
estimates produced by that state’s data
collection program (87 FR 74014,
December 2, 2022).
In 2016, Congress awarded funding to
researchers in an effort to independently
estimate the population size of red
snapper in the Gulf. Commonly known
as the ‘‘Great Red Snapper Count’’
(GRSC), this project’s primary goal was
to provide a snapshot estimate of
abundance and distribution of age 2 and
older red snapper on artificial, natural,
and uncharacterized bottom habitat
across the northern Gulf through 2019.
The results of the GRSC and catch
projections produced by the NMFS
Southeast Fisheries Science Center
(SEFSC) using the GRSC estimates of
red snapper abundance were made
available to the SSC in 2021. The SSC
expressed some concerns about using
the GRSC findings to recommend catch
levels. Specifically, the SSC noted the
uncertainty associated with the GRSC
biomass estimate, questions about the
productivity of the red snapper stock
that are raised by the GRSC findings
(that the productivity of the stock
appears to be lower than previously
assumed), and the declining trend
observed in the longstanding NMFS
Bottom Longline (BLL) survey. Based on
these concerns, and until additional
information could be presented related
to the SSC’s questions about some
aspects of the GRSC, the SSC
determined that it was not appropriate
to use the GRSC-based projections to
recommend a new ABC, which
constrains the total allowable catch that
may be specified by the Council.
Instead, the SSC used the GRSC-based
projections to recommend a new
overfishing limit (OFL) of 25,600,000 lb
(11,611,965 kg) but used projections
generated using information from the
NMFS BLL survey to recommend a new
ABC of 14,400,000 lb (6,531,730 kg).
The Council adopted these
recommendations and specified new
commercial and recreational catch
limits using the established allocations.
These new catch limits were effective
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on January 1, 2023 (87 FR 74014,
December 2, 2022).
At its March 2022 meeting, the SSC
reviewed new catch level projections
based on an SEFSC analysis that used
updated GRSC abundance data for
Florida and included an independent
study that provided an estimate of red
snapper abundance for Louisiana. In
summary, as described in the framework
action, the SSC determined that the
SEFSC projections informed by the
GRSC abundance data for Texas,
Alabama, Mississippi, the updated
abundance data for Florida, and new
abundance data for Louisiana are based
on the best scientific information
available and should be used for new
OFL and ABC recommendations.
Therefore, the SSC recommended a new
OFL of 18,910,000 lb (8,577,432 kg) and
a new ABC of 16,310,000 lb (7,398,092
kg), which is reduced from the OFL
based on 30 percent probability of
overfishing. The SSC recommended a
decrease in the OFL because the total
estimate of red snapper (over the age of
2) abundance was reduced from 118
million fish to 85.6 million fish. The
SSC recommended an increase in the
ABC because the decrease in the
scientific uncertainty in the new
abundance estimates allowed for a
smaller buffer between the OFL and
ABC.
Consistent with the Council’s practice
of setting the red snapper stock ACL
equal to the ABC, the SSC’s
recommendation would result in the red
snapper stock ACL increasing from
15,400,000 lb (7,000,000 kg) to
16,310,000 lb (7,400,000 kg). The
Council approved the framework action
to revise the red snapper harvest limits
at its August 2022 meeting.
Management Measures Contained in
This Final Rule
The framework action and this final
rule revise the red snapper OFL and
ABC as recommended by the SSC and
increase the red snapper commercial
and recreational ACLs and ACTs.
The commercial ACL (commercial
quota) increases from 7,854,000 lb
(3,562,514 kg) to 8,318,100 lb (3,773,026
kg), and the recreational ACL
(recreational quota) increases from
7,546,000 lb (3,422,808 kg) to 7,991,900
lb (3,625,065 kg). This final rule also
increases the Federal for-hire
component ACL from 3,191,958 lb
(1,447,848 kg) to 3,380,574 lb (1,533,403
kg) and increases the Federal for-hire
component ACT from 2,904,682 lb
(1,317,542 kg) to 3,076,322 lb (1,395,396
kg). In addition, this final rule increases
the private angling component ACL
from 4,354,042 lb (1,974,960 kg) to
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4,611,326 lb (2,091,662 kg) and
increases the private angling component
ACT from 3,483,234 lb (1,579,968 kg) to
3,689,061 lb (1,673,330 kg).
This final rule increases the state
specific private angling component
ACLs for each of the Gulf States. Each
state’s ACL listed below is consistent
with the allocation established in
Amendment 50A and the state specific
calibration ratio implemented in
January 2023. Alabama’s private angling
component ACL increases from 558,200
lb (253,195 kg) to 591,185 lb (268,157
kg). Florida’s private angling component
ACL increases from 2,069,053 lb
(938,507 kg) to 2,191,315 lb (993,964
kg). Louisiana’s private angling
component ACL increases from 882,443
lb (400,269 kg) to 934,587 lb (423,922
kg). Mississippi’s private angling
component ACL increases from 59,354
lb (26,923 kg) to 62,862 lb (28,514 kg).
Finally, Texas’s private angling
component ACL increases from 270,386
lb (122,645 kg) to 286,363 lb (129,892
kg).
Measure Contained in This Final Rule
Not in the Framework Action
In addition to modifying the Gulf red
snapper harvest level as specified in the
framework action, this final rule revises
language related to the red snapper
Federal for-hire component quota (50
CFR 622.39(a)(2)(i)(B)) and the red
snapper Federal for-hire component
ACT (50 CFR 622.41(q)(2)(iii)(B)). Since
2015, when the recreational ACL (quota)
was allocated between the Federal forhire and private angling components,
these provisions have specified that the
Federal for-hire quota and ACT apply
‘‘to vessels that have been issued a valid
Federal charter vessel/headboat permit
for Gulf reef fish any time during the
fishing year.’’ (84 FR 24832 May 1,
2015). This language was intended to
prohibit persons with vessels issued
Federal for-hire permits from
transferring those permits off the vessels
and then fishing for red snapper under
the private-angling component catch
limits during the same fishing year. To
clarify this prohibition, NMFS added
the following language in the final rule
implementing Amendments 50A–F (85
FR 6819, February 6, 2020): ‘‘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.’’ However, in that
final rule, NMFS mistakenly referred to
‘‘the Gulf EEZ,’’ which is inconsistent
with the 2015 language because it
improperly suggests that persons aboard
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these vessels could harvest red snapper
from state waters when the for-hire
component is closed and, thus, allow
the type of activity that the prior
sentence was intended to prohibit. This
final rule removes ‘‘EEZ’’ from that
sentence in both 50 CFR
622.39(a)(2)(i)(B) and 50 CFR
622.41(q)(2)(iii)(B) to reflect that the
harvest limitation applies to the entire
Gulf (Federal and state waters).
Comments and Responses
NMFS received comments from 11
individuals or fishing organizations on
the proposed rule for the framework
action. Four comments were in support
of the proposed rule and two comments
were opposed to the proposed rule. Four
other comments were not specific in
their opinion on the proposed rule, but
advocated for careful consideration and
deep study when making changes to
catch limits. One commenter made a
suggestion related to how increases in
the commercial quota should be
distributed, but this suggestion is
outside the scope of this action.
Specific comments related to the
proposed rule and the framework action
are grouped as appropriate and
responded to below.
Comment 1: NMFS should determine
whether the framework action would
have a significant economic impact on
smaller businesses, and on how it
would affect local communities. The
final rule may need to be modified
based on these considerations.
Response: NMFS and the Council
conducted thorough economic analyses
for this framework action consistent
with the requirements of the National
Environmental Policy Act, the
Magnuson-Stevens Act, Executive Order
12866, and the Regulatory Flexibility
Act. These analyses, which are
contained in the framework action and
are described in the proposed rule,
showed that the increases in the total,
sector, and recreational component
ACLs for red snapper would have
positive economic effects in terms of
increased producer surplus for fishing
businesses (commercial and potentially
for-hire), increased allocation value for
red snapper IFQ shareholders, and
increased consumer surplus for
recreational anglers and seafood
consumers. The estimates included in
the framework action showed that
economic value would increase by at
least $1.58 million for the commercial
sector and $7.95 million for the
recreational sector, for a combined
increase in net economic benefits of
$9.52 million per year. These estimates
pertain to the red snapper component of
the FMP as a whole, and community-
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level estimates are not available.
However, NMFS did identify and
discuss which communities are most
likely to be affected by the action in the
framework action and the proposed
rule.
Comment 2: NMFS should not
increase the red snapper catch limits at
this time. Red snapper are not as
abundant as they were in the past.
NMFS should study the population for
a few more years to better understand
population growth before making these
changes. No regulations should be
changed without deep study and careful
consideration of future consequences.
Response: NMFS disagrees that the
catch levels should not be changed at
this time. Maintaining the current red
snapper catch levels is not consistent
with the best scientific information
available, which indicates that the red
snapper stock can support higher catch
limits. The current red snapper catch
limits were implemented through the
final rule for a framework action that
was effective January 1, 2023 (87 FR
74014, December 2, 2022). In that
framework action, NMFS set the OFL for
red snapper based on results of the
GRSC and recommendations from the
Council’s SSC, which estimated the
stock biomass of Gulf red snapper was
approximately three times greater than
the previous biomass estimate. The SSC
reviewed the GRSC projections at its
March 2021 meeting, and determined
that it was appropriate to use the GRSC
results to recommend an OFL for of
25,600,000 lb (11,611,965 kg). However,
some limitations and caveats of the
study were identified by the SSC that
warranted further investigation, and
thus, the SSC made an ABC
recommendation based on NMFS BLL
survey, which had been used in the past
to set catch limits, rather than the GRSC.
This resulted in an ABC
recommendation of 15,400,000 lb
(7,000,000 kg).
After the SSC’s ABC recommendation,
some of the limitations and caveats
associated with the GRSC were
addressed through several research
studies, and this new information was
provided to the SSC at its March 2022
meeting. The updated information
included: (1) a revised estimate of red
snapper abundance in waters adjacent
to Louisiana that was considered by the
SSC to be more indicative of red
snapper abundance than the GRSC, and
(2) a post-stratified re-analysis of GRSC
data for Florida using different depth
bins than what were originally used in
the GRSC. Based on this new estimate,
the SSC determined the interim analysis
suitable for providing catch advice and
recommended decreasing the OFL from
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25,600,000 lb (11,611,965 kg) to
18,910,000 lb (8,577,432 kg) and
increasing the ABC from 15,400,000 lb
(7,000,000 kg) to 16,310,000 lb
(7,398,092 kg). These recommendations
reflect a decrease in scientific
uncertainty in the new estimates, which
allows for an increase in the ABC
despite the decrease in the OFL.
Comment 3: The framework action
and the proposed rule do not adequately
account for discards, especially in the
recreational sector. The framework
action and the proposed rule do not
quantify the expected discards, which
makes it difficult for the public to assess
impacts from this action.
Response: NMFS disagrees that this
rule does not adequately account for
discards. NMFS recognizes that the
proposed rule did not quantify expected
discards, because discards are estimated
based on fishing effort for each sector,
and are difficult to quantify with
precision. However, the revised catch
limits do account for discards because
they are based on the most recent stock
assessment, completed in 2018, which
included information about discards,
and updated information about red
snapper abundance that indicated that
the stock can support additional harvest
with the associated discards. As
explained in the framework action, the
increase in the catch limits is not
expected to change how the reef fish
fishery is prosecuted overall, or the
manner in which red snapper fishing
takes place. Thus, the rates at which red
snapper are discarded by the
commercial and recreational sectors are
not expected to change, but the
increased catch limits are expected to
result in a change in the numbers of
discarded fish proportional to the
fishing effort necessary to harvest the
increased catch limits.
Comment 4: The Council is
unbalanced and biased toward the
recreational sector, and this unbalance
has resulted in the increased catch
limits in this rule at a time when there
is evidence that the health of the red
snapper stock is in decline.
Response: The sector balance on the
Council is outside the scope of the rule,
and statements about decisions a
council with a different balance would
make are speculative. However, NMFS
notes that Council members are trustees
of the Nation’s fishery resources and
each Council member must take an oath
of office in which they ‘‘promise to
conserve and manage the living marine
resources of the United States of
America by carrying out the business of
the Council for the greatest overall
benefit of the Nation’’ (50 CFR 600.220).
Council members must also adhere to
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high standards of ethical conduct (50
CFR 600.225). Therefore, NMFS expects
Council members to make decisions that
are best for the fishery resources as a
whole. Further, regardless of who sits
on the Council, NMFS must determine
whether the framework action is
consistent with the Magnuson-Stevens
Act and other applicable law, and
NMFS has determined that the
increased catch limits for all sectors will
prevent overfishing while achieving
optimum yield and are supported by the
best scientific information available.
Comment 5: The proposed rule fails to
account for the fact that there have been
de facto reallocations of red snapper
harvest at several levels since 2018:
from the commercial to the recreational
sector, from the for-hire component to
the private angling component, and
from certain Gulf states to other Gulf
states.
Response: NMFS disagrees that ‘‘de
facto allocations have occurred.’’
However, NMFS acknowledges that
since 2018, when the Gulf States began
managing private angling harvest of red
snapper, there have been overages of the
private angling component ACL
resulting from the differences between
data from the state surveys used to
monitor harvest and the Federal survey
data used to establish the catch limits.
However, on January 1, 2023, NMFS
implemented a final rule that modified
the state-specific red snapper private
angling component ACLs using
calibration ratios adopted by the
Council (87 FR 74014, December 2,
2022). These calibration ratios allow
each state’s landings estimates to be
compared directly to that state’s ACL
and are expected to prevent the noted
overages. Furthermore, the proposed
rule did account for all red snapper
harvest (commercial, for-hire, and
private angling) regardless of the
specified allocations. Thus, this increase
in the total allowable harvest is based
on the best scientific information
available on the health and abundance
of the red snapper stock taking into
account past harvest, including since
2018.
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 law.
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
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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
Small Business Administration during
the proposed rule stage that this action
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.
Public comments relating to socioeconomic implications and potential
impacts on small businesses are
addressed in the response to Comment
1 in the Comments and Responses
section of this final rule. 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 limits, Fisheries,
Fishing, Gulf, Red snapper, Reef fish,
Quota.
Dated: June 5, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS amends 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 § 622.23, revise paragraph
(a)(1)(ii) to read as follows:
■
§ 622.23 State management of the red
snapper recreational sector private angling
component in the Gulf EEZ.
(a) * * *
(1) * * *
(ii) State private angling component
ACLs. All ACLs specified below are in
round weight and are consistent with
monitoring under the respective state’s
reporting system. Equivalent ACLs,
consistent with monitoring under the
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Federal reporting system, are provided,
as applicable. If a state’s delegation is
suspended, as described in this
paragraph (a)(1), the Federal equivalent
ACL, or for the Texas regional
management area the ACL in paragraph
(a)(1)(ii)(E) of this section, applies in the
EEZ off that state.
(A) Alabama regional management
area—591,185 lb (268,157 kg); Federal
equivalent—1,212,687 lb (550,066 kg).
(B) Florida regional management
area—2,191,315 lb (993,964 kg); Federal
equivalent—2,066,889 lb (937,525 kg).
(C) Louisiana regional management
area—934,587 lb (423,922 kg); Federal
equivalent—881,686 lb (399,926 kg).
(D) Mississippi regional management
area—62,862 lb (28,514 kg); Federal
equivalent—163,702 lb (74,254 kg).
(E) Texas regional management
area—286,363 lb (129,892 kg).
*
*
*
*
*
■ 3. In § 622.39, revise paragraphs
(a)(1)(i) and (a)(2)(i) to read as follows:
§ 622.39
Quotas.
*
*
*
*
*
(a) * * *
(1) * * *
(i) Commercial quota for red
snapper—8,318,100 lb (3,773,027 kg),
round weight.
*
*
*
*
*
(2) * * *
(i) Recreational quota for red
snapper–(A) Total recreational. The
total recreational quota is 7,991,900 lb
(3,625,065 kg), round weight.
(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 when the Federal charter
vessel/headboat component is closed.
The Federal charter vessel/headboat
component quota is 3,380,574 lb
(1,533,403 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 4,611,326 lb (2,091,662 kg),
round weight.
*
*
*
*
*
■ 4. In § 622.41, revise the paragraph
(q)(2)(iii)(B) and the last sentence in
(q)(2)(iii)(C) to read as follows:
E:\FR\FM\08JNR1.SGM
08JNR1
Federal Register / Vol. 88, No. 110 / Thursday, June 8, 2023 / Rules and Regulations
§ 622.41 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(q) * * *
(2) * * *
(iii) * * *
(B) Federal charter vessel/headboat
component ACT. The Federal charter
vessel/headboat component ACT
applies to vessels that have been issued
a valid Federal charter vessel/headboat
permit for Gulf reef fish any time during
the fishing year. A person aboard a
vessel that has been issued a charter
vessel/headboat permit for Gulf reef fish
any time during the fishing year may
not harvest or possess red snapper in or
from the Gulf when the Federal charter
vessel/headboat component is closed.
The component ACT is 3,076,322 lb
(1,395,396 kg), round weight.
(C) * * * The component ACT is
3,689,061 lb (1,673,330 kg), round
weight.
*
*
*
*
*
[FR Doc. 2023–12243 Filed 6–7–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 220510–0113; RTID 0648–
XC983]
Fisheries Off West Coast States;
Modification of the West Coast Salmon
Fisheries; Inseason Actions #51–#52
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Inseason modification of 2022–
2023 management measures.
AGENCY:
NMFS announces two
inseason actions for the 2023 portion of
the 2022 ocean salmon fishing season
(May 16, 2022–May 15, 2023). These
inseason actions modify the commercial
salmon troll fisheries in the area from
the U.S./Canada border to Cape Falcon,
OR.
DATES: The effective date for these
inseason actions are set out in this
document under the heading Inseason
Actions and the actions remain in effect
until superseded or modified.
FOR FURTHER INFORMATION CONTACT:
Shannon Penna at 562–980–4239,
Email: Shannon.Penna@noaa.gov.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:15 Jun 07, 2023
Jkt 259001
Background
The annual management measures for
the 2022 ocean salmon fisheries (87 FR
29690, May 16, 2022) govern the
commercial and recreational fisheries in
the area from the U.S./Canada border to
the U.S./Mexico border, effective from
0001 hours Pacific Daylight Time (PDT),
May 16, 2022, until the effective date of
the 2023 management measures, as
published in the Federal Register.
NMFS is authorized to implement
inseason management actions to modify
fishing seasons and quotas as necessary
to provide fishing opportunity while
meeting management objectives for the
affected species (50 CFR 660.409).
Inseason actions in the salmon fishery
may be taken directly by NMFS (50 CFR
660.409(a)—Fixed inseason
management provisions) or upon
consultation with the Chairman of the
Pacific Fishery Management Council
(Council), and the appropriate State
Directors (50 CFR 660.409(b)—Flexible
inseason management provisions).
Management of the salmon fisheries is
divided into two geographic areas: north
of Cape Falcon (NOF) (U.S./Canada
border to Cape Falcon, OR), and south
of Cape Falcon (Cape Falcon, OR, to the
U.S./Mexico border). The action
described in this document affects the
NOF commercial salmon troll fisheries,
as set out under the heading Inseason
Actions below.
Consultation with the Council
Chairperson on this inseason action
occurred on April 18, 2023 and May 9,
2023. Representatives from NMFS,
Washington Department of Fish and
Wildlife, Oregon Department of Fish
and Wildlife, California Department of
Fish and Wildlife participated in these
consultations. Representatives from the
Salmon Advisory Subpanel and Salmon
Technical Team were also present.
These inseason actions were
announced on NMFS’ telephone hotline
and U.S. Coast Guard radio broadcast on
the date of the consultations (50 CFR
660.411(a)(2)).
Inseason Actions
Inseason Action #51
Description of the action: Inseason
action #51 modifies the ocean salmon
troll commercial fishery from the U.S./
Canada border to Cape Falcon, OR.
Effective dates: Inseason action #51
takes effect for the following areas and
dates, and remains in effect until
superseded.
• Effective May 1, 2023, at 12:01 a.m.
the quota for the May–June fishery is
modified to 26,000 Chinook salmon, no
more than 6,890 of which may be caught
in the area between the U.S./Canada
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
37479
border and the Queets River and no
more than 6,040 of which may be caught
in the area between Leadbetter Point
and Cape Falcon.
• Effective May 1, 2023, at 12:01 a.m.
the landing and possession limit for the
entire area between the U.S./Canada
border and Cape Falcon is 200 Chinook
salmon per vessel for the period May 1,
2023, through May 10, 2023, and 150
Chinook salmon per vessel per landing
week (Thursday–Wednesday) beginning
May 11, 2023, at 12:01 a.m.
• Effective May 1, 2023, at 12:01 a.m.
the landing and possession limit in the
area between the U.S./Canada border
and the Queets River is 105 Chinook per
vessel for the period May 1, 2023,
through May 10, 2023, and 70 Chinook
salmon per vessel per landing week
(Thursday–Wednesday) beginning May
11, 2023, at 12:01 a.m.
• Effective May 1, 2023, at 12:01 a.m.
the landing and possession limit in the
area between the Queets River and
Leadbetter Point is 200 Chinook salmon
per vessel for the period May 1, 2023,
through May 10, 2023, and 150 Chinook
salmon per vessel per landing week
(Thursday–Wednesday) beginning May
11, 2023, at 12:01 a.m.
• Effective May 1, 2023, at 12:01 a.m.
the landing and possession limit in the
area between Leadbetter Point and Cape
Falcon is 90 Chinook per vessel for the
period May 1, 2023, through May 10,
2023, and 60 Chinook salmon per vessel
per landing week (Thursday–
Wednesday) beginning May 11, 2023, at
12:01 a.m.
• Effective May 1, 2023, at 12:01 a.m.
vessels may not land salmon east of the
Sekiu River or east of Tongue Point,
Oregon.
Reason and authorization for the
action: The 2022 annual management
measures for ocean salmon fisheries (87
FR 29690, May 16, 2022) established a
May–June commercial salmon fishery
that included NOF subarea quotas that
were based on information available at
the time the 2022 management measures
were adopted. The 2022 management
measures allow for inseason action to
adjust fisheries scheduled to occur from
March 15, 2023, through May 15, 2023,
in response to new information on 2023
salmon stock abundance forecasts and
northern salmon fisheries impacts, to
keep fisheries impacts within
management objectives and consistent
with conservation needs. In addition,
the Council adopted a weekly landing
and possession limit based on the
calendar week (Thursday–Wednesday).
Under the 2022 regulations, the fishery
will open on May 1, 2023, with the
week reduced to 3 days. Inseason action
adjusts the landing and possession
E:\FR\FM\08JNR1.SGM
08JNR1
]]>Agencies
[Federal Register Volume 88, Number 110 (Thursday, June 8, 2023)]
[Rules and Regulations]
[Pages 37475-37479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12243]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230602-0141]
RIN 0648-BL84
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Harvest Levels
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 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 (Gulf) Fishery Management Council (Council). This final
rule revises the commercial and recreational annual catch limits (ACLs)
and annual catch targets (ACTs) for red snapper in the Gulf exclusive
economic zone (EEZ). The purpose of this final rule is to increase the
Gulf red snapper ACLs and ACTs consistent with best scientific
information available, and to continue to achieve optimum yield (OY)
for the stock.
DATES: This final rule is effective July 10, 2023.
ADDRESSES: Electronic copies of the framework action, which includes an
environmental assessment, regulatory impact review, and a Regulatory
Flexibility Act (RFA) analysis, may be obtained from the Southeast
Regional Office website at https://www.fisheries.noaa.gov/action/modification-catch-limits-gulf-mexico-red-snapper.
FOR FURTHER INFORMATION CONTACT: Dan Luers, Southeast Regional Office,
NMFS, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes
red snapper, is managed under the FMP. The FMP was prepared by the
Council and is implemented by NMFS through regulations at 50 CFR part
622 under the authority of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Steven Act).
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.
On February 28, 2023, NMFS published a proposed rule for the
framework action and requested public comment (88 FR 12642). The
proposed rule and the framework action outline the rationale for the
actions contained in this final rule. A summary of the management
measures described in the framework action and implemented by this
final rule is described below.
Unless otherwise noted, all weights in this final rule are in round
weight.
Red snapper in the Gulf EEZ is harvested by both the commercial and
recreational sectors. The stock ACL for red snapper is equal to the
acceptable biological catch (ABC) recommended by the Council's
Scientific and Statistical Committee (SSC), and each sector has its own
ACL and associated management measures. The stock ACL is allocated 51
percent to the commercial sector and 49 percent to the recreational
sector. In 2015, Amendment 40 to the FMP (80 FR 22422, April 22, 2015)
divided the recreational ACL (quota) between the Federal charter
vessel/headboat (for-hire) component (42.3 percent) and the private
angling component (57.7 percent).
In 2020, NMFS implemented state management of red snapper for the
private angling component as specified in Amendments 50 A-F to the FMP
(85 FR 6819, February 6, 2020). Through these amendments, each Gulf
state was allocated a portion of the red snapper
[[Page 37476]]
private angling component ACL and was delegated the authority to set
the private angling fishing season, bag limit, and size limit. However,
each Gulf state was managing the harvest by its private anglers using
estimates from its own state data collection program, which, except for
Texas, was not directly comparable to the state's ACL. To address this
issue, the Council, Gulf States, and NMFS worked to develop and
implement calibration ratios that adjusted each state's private angling
component ACL so that it could be directly compared to the landings
estimates produced by that state's data collection program (87 FR
74014, December 2, 2022).
In 2016, Congress awarded funding to researchers in an effort to
independently estimate the population size of red snapper in the Gulf.
Commonly known as the ``Great Red Snapper Count'' (GRSC), this
project's primary goal was to provide a snapshot estimate of abundance
and distribution of age 2 and older red snapper on artificial, natural,
and uncharacterized bottom habitat across the northern Gulf through
2019.
The results of the GRSC and catch projections produced by the NMFS
Southeast Fisheries Science Center (SEFSC) using the GRSC estimates of
red snapper abundance were made available to the SSC in 2021. The SSC
expressed some concerns about using the GRSC findings to recommend
catch levels. Specifically, the SSC noted the uncertainty associated
with the GRSC biomass estimate, questions about the productivity of the
red snapper stock that are raised by the GRSC findings (that the
productivity of the stock appears to be lower than previously assumed),
and the declining trend observed in the longstanding NMFS Bottom
Longline (BLL) survey. Based on these concerns, and until additional
information could be presented related to the SSC's questions about
some aspects of the GRSC, the SSC determined that it was not
appropriate to use the GRSC-based projections to recommend a new ABC,
which constrains the total allowable catch that may be specified by the
Council. Instead, the SSC used the GRSC-based projections to recommend
a new overfishing limit (OFL) of 25,600,000 lb (11,611,965 kg) but used
projections generated using information from the NMFS BLL survey to
recommend a new ABC of 14,400,000 lb (6,531,730 kg). The Council
adopted these recommendations and specified new commercial and
recreational catch limits using the established allocations. These new
catch limits were effective on January 1, 2023 (87 FR 74014, December
2, 2022).
At its March 2022 meeting, the SSC reviewed new catch level
projections based on an SEFSC analysis that used updated GRSC abundance
data for Florida and included an independent study that provided an
estimate of red snapper abundance for Louisiana. In summary, as
described in the framework action, the SSC determined that the SEFSC
projections informed by the GRSC abundance data for Texas, Alabama,
Mississippi, the updated abundance data for Florida, and new abundance
data for Louisiana are based on the best scientific information
available and should be used for new OFL and ABC recommendations.
Therefore, the SSC recommended a new OFL of 18,910,000 lb (8,577,432
kg) and a new ABC of 16,310,000 lb (7,398,092 kg), which is reduced
from the OFL based on 30 percent probability of overfishing. The SSC
recommended a decrease in the OFL because the total estimate of red
snapper (over the age of 2) abundance was reduced from 118 million fish
to 85.6 million fish. The SSC recommended an increase in the ABC
because the decrease in the scientific uncertainty in the new abundance
estimates allowed for a smaller buffer between the OFL and ABC.
Consistent with the Council's practice of setting the red snapper
stock ACL equal to the ABC, the SSC's recommendation would result in
the red snapper stock ACL increasing from 15,400,000 lb (7,000,000 kg)
to 16,310,000 lb (7,400,000 kg). The Council approved the framework
action to revise the red snapper harvest limits at its August 2022
meeting.
Management Measures Contained in This Final Rule
The framework action and this final rule revise the red snapper OFL
and ABC as recommended by the SSC and increase the red snapper
commercial and recreational ACLs and ACTs.
The commercial ACL (commercial quota) increases from 7,854,000 lb
(3,562,514 kg) to 8,318,100 lb (3,773,026 kg), and the recreational ACL
(recreational quota) increases from 7,546,000 lb (3,422,808 kg) to
7,991,900 lb (3,625,065 kg). This final rule also increases the Federal
for-hire component ACL from 3,191,958 lb (1,447,848 kg) to 3,380,574 lb
(1,533,403 kg) and increases the Federal for-hire component ACT from
2,904,682 lb (1,317,542 kg) to 3,076,322 lb (1,395,396 kg). In
addition, this final rule increases the private angling component ACL
from 4,354,042 lb (1,974,960 kg) to 4,611,326 lb (2,091,662 kg) and
increases the private angling component ACT from 3,483,234 lb
(1,579,968 kg) to 3,689,061 lb (1,673,330 kg).
This final rule increases the state specific private angling
component ACLs for each of the Gulf States. Each state's ACL listed
below is consistent with the allocation established in Amendment 50A
and the state specific calibration ratio implemented in January 2023.
Alabama's private angling component ACL increases from 558,200 lb
(253,195 kg) to 591,185 lb (268,157 kg). Florida's private angling
component ACL increases from 2,069,053 lb (938,507 kg) to 2,191,315 lb
(993,964 kg). Louisiana's private angling component ACL increases from
882,443 lb (400,269 kg) to 934,587 lb (423,922 kg). Mississippi's
private angling component ACL increases from 59,354 lb (26,923 kg) to
62,862 lb (28,514 kg). Finally, Texas's private angling component ACL
increases from 270,386 lb (122,645 kg) to 286,363 lb (129,892 kg).
Measure Contained in This Final Rule Not in the Framework Action
In addition to modifying the Gulf red snapper harvest level as
specified in the framework action, this final rule revises language
related to the red snapper Federal for-hire component quota (50 CFR
622.39(a)(2)(i)(B)) and the red snapper Federal for-hire component ACT
(50 CFR 622.41(q)(2)(iii)(B)). Since 2015, when the recreational ACL
(quota) was allocated between the Federal for-hire and private angling
components, these provisions have specified that the Federal for-hire
quota and ACT apply ``to vessels that have been issued a valid Federal
charter vessel/headboat permit for Gulf reef fish any time during the
fishing year.'' (84 FR 24832 May 1, 2015). This language was intended
to prohibit persons with vessels issued Federal for-hire permits from
transferring those permits off the vessels and then fishing for red
snapper under the private-angling component catch limits during the
same fishing year. To clarify this prohibition, NMFS added the
following language in the final rule implementing Amendments 50A-F (85
FR 6819, February 6, 2020): ``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.'' However, in that final rule, NMFS mistakenly referred to
``the Gulf EEZ,'' which is inconsistent with the 2015 language because
it improperly suggests that persons aboard
[[Page 37477]]
these vessels could harvest red snapper from state waters when the for-
hire component is closed and, thus, allow the type of activity that the
prior sentence was intended to prohibit. This final rule removes
``EEZ'' from that sentence in both 50 CFR 622.39(a)(2)(i)(B) and 50 CFR
622.41(q)(2)(iii)(B) to reflect that the harvest limitation applies to
the entire Gulf (Federal and state waters).
Comments and Responses
NMFS received comments from 11 individuals or fishing organizations
on the proposed rule for the framework action. Four comments were in
support of the proposed rule and two comments were opposed to the
proposed rule. Four other comments were not specific in their opinion
on the proposed rule, but advocated for careful consideration and deep
study when making changes to catch limits. One commenter made a
suggestion related to how increases in the commercial quota should be
distributed, but this suggestion is outside the scope of this action.
Specific comments related to the proposed rule and the framework
action are grouped as appropriate and responded to below.
Comment 1: NMFS should determine whether the framework action would
have a significant economic impact on smaller businesses, and on how it
would affect local communities. The final rule may need to be modified
based on these considerations.
Response: NMFS and the Council conducted thorough economic analyses
for this framework action consistent with the requirements of the
National Environmental Policy Act, the Magnuson-Stevens Act, Executive
Order 12866, and the Regulatory Flexibility Act. These analyses, which
are contained in the framework action and are described in the proposed
rule, showed that the increases in the total, sector, and recreational
component ACLs for red snapper would have positive economic effects in
terms of increased producer surplus for fishing businesses (commercial
and potentially for-hire), increased allocation value for red snapper
IFQ shareholders, and increased consumer surplus for recreational
anglers and seafood consumers. The estimates included in the framework
action showed that economic value would increase by at least $1.58
million for the commercial sector and $7.95 million for the
recreational sector, for a combined increase in net economic benefits
of $9.52 million per year. These estimates pertain to the red snapper
component of the FMP as a whole, and community-level estimates are not
available. However, NMFS did identify and discuss which communities are
most likely to be affected by the action in the framework action and
the proposed rule.
Comment 2: NMFS should not increase the red snapper catch limits at
this time. Red snapper are not as abundant as they were in the past.
NMFS should study the population for a few more years to better
understand population growth before making these changes. No
regulations should be changed without deep study and careful
consideration of future consequences.
Response: NMFS disagrees that the catch levels should not be
changed at this time. Maintaining the current red snapper catch levels
is not consistent with the best scientific information available, which
indicates that the red snapper stock can support higher catch limits.
The current red snapper catch limits were implemented through the final
rule for a framework action that was effective January 1, 2023 (87 FR
74014, December 2, 2022). In that framework action, NMFS set the OFL
for red snapper based on results of the GRSC and recommendations from
the Council's SSC, which estimated the stock biomass of Gulf red
snapper was approximately three times greater than the previous biomass
estimate. The SSC reviewed the GRSC projections at its March 2021
meeting, and determined that it was appropriate to use the GRSC results
to recommend an OFL for of 25,600,000 lb (11,611,965 kg). However, some
limitations and caveats of the study were identified by the SSC that
warranted further investigation, and thus, the SSC made an ABC
recommendation based on NMFS BLL survey, which had been used in the
past to set catch limits, rather than the GRSC. This resulted in an ABC
recommendation of 15,400,000 lb (7,000,000 kg).
After the SSC's ABC recommendation, some of the limitations and
caveats associated with the GRSC were addressed through several
research studies, and this new information was provided to the SSC at
its March 2022 meeting. The updated information included: (1) a revised
estimate of red snapper abundance in waters adjacent to Louisiana that
was considered by the SSC to be more indicative of red snapper
abundance than the GRSC, and (2) a post-stratified re-analysis of GRSC
data for Florida using different depth bins than what were originally
used in the GRSC. Based on this new estimate, the SSC determined the
interim analysis suitable for providing catch advice and recommended
decreasing the OFL from 25,600,000 lb (11,611,965 kg) to 18,910,000 lb
(8,577,432 kg) and increasing the ABC from 15,400,000 lb (7,000,000 kg)
to 16,310,000 lb (7,398,092 kg). These recommendations reflect a
decrease in scientific uncertainty in the new estimates, which allows
for an increase in the ABC despite the decrease in the OFL.
Comment 3: The framework action and the proposed rule do not
adequately account for discards, especially in the recreational sector.
The framework action and the proposed rule do not quantify the expected
discards, which makes it difficult for the public to assess impacts
from this action.
Response: NMFS disagrees that this rule does not adequately account
for discards. NMFS recognizes that the proposed rule did not quantify
expected discards, because discards are estimated based on fishing
effort for each sector, and are difficult to quantify with precision.
However, the revised catch limits do account for discards because they
are based on the most recent stock assessment, completed in 2018, which
included information about discards, and updated information about red
snapper abundance that indicated that the stock can support additional
harvest with the associated discards. As explained in the framework
action, the increase in the catch limits is not expected to change how
the reef fish fishery is prosecuted overall, or the manner in which red
snapper fishing takes place. Thus, the rates at which red snapper are
discarded by the commercial and recreational sectors are not expected
to change, but the increased catch limits are expected to result in a
change in the numbers of discarded fish proportional to the fishing
effort necessary to harvest the increased catch limits.
Comment 4: The Council is unbalanced and biased toward the
recreational sector, and this unbalance has resulted in the increased
catch limits in this rule at a time when there is evidence that the
health of the red snapper stock is in decline.
Response: The sector balance on the Council is outside the scope of
the rule, and statements about decisions a council with a different
balance would make are speculative. However, NMFS notes that Council
members are trustees of the Nation's fishery resources and each Council
member must take an oath of office in which they ``promise to conserve
and manage the living marine resources of the United States of America
by carrying out the business of the Council for the greatest overall
benefit of the Nation'' (50 CFR 600.220). Council members must also
adhere to
[[Page 37478]]
high standards of ethical conduct (50 CFR 600.225). Therefore, NMFS
expects Council members to make decisions that are best for the fishery
resources as a whole. Further, regardless of who sits on the Council,
NMFS must determine whether the framework action is consistent with the
Magnuson-Stevens Act and other applicable law, and NMFS has determined
that the increased catch limits for all sectors will prevent
overfishing while achieving optimum yield and are supported by the best
scientific information available.
Comment 5: The proposed rule fails to account for the fact that
there have been de facto reallocations of red snapper harvest at
several levels since 2018: from the commercial to the recreational
sector, from the for-hire component to the private angling component,
and from certain Gulf states to other Gulf states.
Response: NMFS disagrees that ``de facto allocations have
occurred.'' However, NMFS acknowledges that since 2018, when the Gulf
States began managing private angling harvest of red snapper, there
have been overages of the private angling component ACL resulting from
the differences between data from the state surveys used to monitor
harvest and the Federal survey data used to establish the catch limits.
However, on January 1, 2023, NMFS implemented a final rule that
modified the state-specific red snapper private angling component ACLs
using calibration ratios adopted by the Council (87 FR 74014, December
2, 2022). These calibration ratios allow each state's landings
estimates to be compared directly to that state's ACL and are expected
to prevent the noted overages. Furthermore, the proposed rule did
account for all red snapper harvest (commercial, for-hire, and private
angling) regardless of the specified allocations. Thus, this increase
in the total allowable harvest is based on the best scientific
information available on the health and abundance of the red snapper
stock taking into account past harvest, including since 2018.
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 law.
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 this action 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. Public comments relating to
socio-economic implications and potential impacts on small businesses
are addressed in the response to Comment 1 in the Comments and
Responses section of this final rule. 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 limits, Fisheries, Fishing, Gulf, Red snapper, Reef
fish, Quota.
Dated: June 5, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
622 as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
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1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
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2. In Sec. 622.23, revise paragraph (a)(1)(ii) to read as follows:
Sec. 622.23 State management of the red snapper recreational sector
private angling component in the Gulf EEZ.
(a) * * *
(1) * * *
(ii) State private angling component ACLs. All ACLs specified below
are in round weight and are consistent with monitoring under the
respective state's reporting system. Equivalent ACLs, consistent with
monitoring under the Federal reporting system, are provided, as
applicable. If a state's delegation is suspended, as described in this
paragraph (a)(1), the Federal equivalent ACL, or for the Texas regional
management area the ACL in paragraph (a)(1)(ii)(E) of this section,
applies in the EEZ off that state.
(A) Alabama regional management area--591,185 lb (268,157 kg);
Federal equivalent--1,212,687 lb (550,066 kg).
(B) Florida regional management area--2,191,315 lb (993,964 kg);
Federal equivalent--2,066,889 lb (937,525 kg).
(C) Louisiana regional management area--934,587 lb (423,922 kg);
Federal equivalent--881,686 lb (399,926 kg).
(D) Mississippi regional management area--62,862 lb (28,514 kg);
Federal equivalent--163,702 lb (74,254 kg).
(E) Texas regional management area--286,363 lb (129,892 kg).
* * * * *
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3. In Sec. 622.39, revise paragraphs (a)(1)(i) and (a)(2)(i) to read
as follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(1) * * *
(i) Commercial quota for red snapper--8,318,100 lb (3,773,027 kg),
round weight.
* * * * *
(2) * * *
(i) Recreational quota for red snapper-(A) Total recreational. The
total recreational quota is 7,991,900 lb (3,625,065 kg), round weight.
(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 when the Federal charter vessel/headboat
component is closed. The Federal charter vessel/headboat component
quota is 3,380,574 lb (1,533,403 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 4,611,326 lb (2,091,662 kg), round weight.
* * * * *
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4. In Sec. 622.41, revise the paragraph (q)(2)(iii)(B) and the last
sentence in (q)(2)(iii)(C) to read as follows:
[[Page 37479]]
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(q) * * *
(2) * * *
(iii) * * *
(B) Federal charter vessel/headboat component ACT. The Federal
charter vessel/headboat component ACT applies to vessels that have been
issued a valid Federal charter vessel/headboat permit for Gulf reef
fish any time during the fishing year. A person aboard a vessel that
has been issued a charter vessel/headboat permit for Gulf reef fish any
time during the fishing year may not harvest or possess red snapper in
or from the Gulf when the Federal charter vessel/headboat component is
closed. The component ACT is 3,076,322 lb (1,395,396 kg), round weight.
(C) * * * The component ACT is 3,689,061 lb (1,673,330 kg), round
weight.
* * * * *
[FR Doc. 2023-12243 Filed 6-7-23; 8:45 am]
BILLING CODE 3510-22-P
