Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Lane Snapper Catch Limits, 51295-51299 [2024-13140]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 117 (Monday, June 17, 2024)]
[Proposed Rules]
[Pages 51295-51299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13140]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 240610-0154]
RIN 0648-BM98


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Lane Snapper Catch Limits

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in an 
abbreviated 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). This proposed rule 
would modify the Gulf of Mexico (Gulf) lane snapper catch limits. The 
purpose of this proposed rule is to modify the Gulf lane snapper catch 
limits based on the best scientific information available. This 
proposed rule would also revise reporting and compliance requirements 
for Gulf reef fish commercial permit holders using vessel monitoring 
systems (VMS).

DATES: Written comments must be received by July 17, 2024.

ADDRESSES: A plain language summary of this proposed rule is available 
at https://www.regulations.gov/docket/NOAA-NMFS-2024-0049. You may 
submit comments on this document, identified by [NOAA-NMFS-2024-0049] 
by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Visit https://www.regulations.gov and type NOAA-NMFS-2024-0049, in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
     Mail: Submit all written comments to Dan Luers, NMFS 
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 
33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address), 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 abbreviated framework action, which 
includes 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/gulf-mexico-lane-snapper-catch-limits-abbreviated-framework.

FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery, which includes lane snapper, under the FMP. The FMP was 
prepared by the Council, approved by the Secretary of Commerce, 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-Stevens Act).

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the optimum yield (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.
    Unless otherwise noted, all weights in this proposed rule are in 
round weight.
    Lane snapper occur in estuaries and shelf waters of the Gulf, and 
are particularly abundant off south and southwest Florida. Lane snapper 
in the Gulf exclusive economic zone are managed as a single stock, with 
a combined annual catch limit (ACL) for the commercial and recreational 
sectors that is set equal to the acceptable biological catch (ABC). The 
fishing season is open year-round, January 1 through December 31. 
Currently, the lane snapper overfishing limit (OFL) is 1,053,834 pounds 
(lb) (478,011 kilograms (kg)) and the ABC is 1,028,973 lb (466,734 kg). 
These catch limits are based on the results of an update to the 
Southeast Data, Assessment, and Review 49 (SEDAR 49)

[[Page 51296]]

that was completed in 2019, and used recreational landings estimates 
generated by the Marine Recreational Information Program (MRIP) Fishing 
Effort Survey (FES) instead of the previous MRIP-Coastal Household 
Telephone Survey.
    This abbreviated framework action and proposed rule would increase 
the lane snapper OFL, ABC, and ACL based on the results of the SEDAR 49 
interim analysis (IA) and recommendations from the Council's Scientific 
and Statistical Committee. The SEDAR 49 IA included updated landings 
and dead discards information as well as an updated catch-per-unit-
effort index for the headboat fleet.

Management Measures Contained in the Abbreviated Framework Action and 
This Proposed Rule

    The abbreviated framework action and proposed rule would increase 
the lane snapper OFL from 1,053,834 lb (478,011 kg) to 1,116,331 lb 
(506,359 kg), the ABC from 1,028,973 lb (466,734 kg) to 1,088,873 lb 
(493,904 kg), and set the stock ACL equal to the ABC at 1,088,873 lb 
(493,904 kg). This would result in an increase in the allowable harvest 
of 59,900 lb (27,170 kg).

Proposed Changes to Regulations Not Associated With the Abbreviated 
Framework Action

    For fishermen with a valid Federal commercial permit to harvest 
Gulf reef fish, NMFS is proposing revisions to the process for 
requesting a power-down exemption to the VMS requirement. NMFS is also 
proposing to remove the requirement that the vessel owner or operator 
certify compliance with the proper installation and activation of a VMS 
unit. NMFS expects both of these changes to reduce the burden on 
individual fishermen and NMFS, and increase enforceability.
    Regulations at 50 CFR 622.28(a) require the owner or operator of a 
vessel that has been issued a commercial permit for Gulf reef fish to 
maintain an operational satellite-linked VMS unit on the vessel that 
transmits the location of the vessel on a regular and consistent basis. 
Regulations at 50 CFR 622.28(d) allow an owner or operator to power 
down the VMS unit if the vessel will be continuously out of the water 
or in port more than 72 consecutive hours. The regulations at 50 CFR 
622.28(d) also specify the process for requesting this power-down 
exemption, which includes obtaining a letter of exemption from the NMFS 
Office of Law Enforcement (OLE), filing a report through the VMS 
terminal prior to each power down, and entering the power-down code in 
the VMS terminal prior to each prior down.
    When VMS was first required, the process to request a power-down 
exemption was not included in the regulations; instead, the regulations 
referred to the NOAA Enforcement Draft VMS Requirements that were 
included in Appendix E to Amendment 18A to the FMP (71 FR 45248, August 
9, 2006). When NMFS revised the VMS regulations in 2007, NMFS added to 
the regulations the process for requesting a power-down exemption (72 
FR 73270, December 27, 2007). Technology now allows for use of an 
online form and immediate authorization by NMFS.
    Therefore, NMFS is proposing to modify the process for submitting 
the power-down exemption, including how and what information is 
collected. The owner or operator of the permitted vessel would use an 
online form to request the VMS power-down exemption. The information 
requested on the online form would be similar to the current form. The 
only change to the data collected would be a field for an email address 
for the person making the request and their self-identification as the 
vessel owner or operator. NMFS expects the online form to allow for 
faster communication and approval for the requester, and to streamline 
the administrative process by eliminating the need for manual data 
entry. NMFS would use the self-identification to confirm that the 
submitter is authorized to submit the request as the vessel owner or 
operator.
    If all of the required information is provided, the authorization 
for the power-down exemption would be provided automatically as a 
visible display soon after the time of submission, and would also be 
sent to the email address provided by the requester and, if different 
from the requester, to the permit holder's email address if NMFS was 
provided that information as part of the permit holder's previous 
permit application. Vessel owners and operators would no longer send an 
email from the VMS unit on the vessel to NMFS OLE, or enter the power-
down code using the VMS declaration form on the VMS terminal.
    A power-down exemption would be valid until the expiration date 
requested, which NMFS would limit to not more than 1 year from the 
authorization date. A new request for a power-down exemption would be 
required after the completion of the previous authorization for any 
subsequent time period. There would be no limit on the number of 
exemptions that can be requested.
    If a vessel owner or operator wants to end a power-down exemption 
before the expiration date, the authorization would end automatically 
when the vessel owner or operator submits a commercial trip 
declaration. Alternatively, the vessel owner or operator may contact 
NMFS OLE to end the power-down exemption.
    In addition to the changes to the power-down exemption regulations, 
NMFS proposes to remove the current requirements at 50 CFR 622.28(f)(1) 
through (3) for a vessel owner or operator to submit a form certifying 
that a qualified marine electrician has installed and activated a NMFS-
approved VMS unit on the vessel. The intent of the form, ``Vessel 
Monitoring System (VMS) Installation and Activation Certification for 
the Reef Fish Fishery of the Gulf of Mexico,'' was to provide NMFS with 
additional assurance that a vessel owner or operator is compliant with 
the requirements to install and activate an approved VMS unit. However, 
NMFS has determined that the compliance form is overly burdensome and 
has little utility. To accomplish the same purpose as the form, NMFS 
intends to add a check-box certification to the permit application that 
is required when a commercial reef fish permit is renewed or 
transferred. In addition, NMFS can detect whether a unit is 
operational. The existing requirement for a qualified marine technician 
to install the VMS unit would remain in Sec.  622.28(f).

Classification

    NMFS is issuing this rule pursuant to sections 304(b)(1)(A) and 
305(d) of the Magnuson-Stevens Act, which provide the specific 
authority and procedure for implementing this action. Section 
304(b)(1)(A) authorizes NMFS to issue proposed regulations prepared and 
recommended by the Council under section 303(c), and section 305(d) of 
the Magnuson-Stevens Act authorizes NMFS to propose regulations 
necessary to carry out an FMP. This action is necessary to carry out 
the FMP because it would reduce the compliance burden on the owners and 
operators of commercial reef fish vessels and increase the 
enforceability of the VMS requirement applicable to vessels issued 
commercial fish permits. The NMFS Assistant Administrator has 
determined that this proposed rule is consistent with the abbreviated 
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

[[Page 51297]]

purposes of Executive Order 12866. The Magnuson-Stevens Act provides 
the legal basis for this proposed rule. No duplicative, overlapping, or 
conflicting Federal rules have been identified. The first objective of 
this proposed rule is to update existing Gulf lane snapper catch limits 
based on the best scientific information available to achieve OY for 
Gulf lane snapper while preventing overfishing, consistent with the 
requirements of the Magnuson-Stevens Act. The second objective of this 
proposed rule is to revise VMS related reporting requirements for 
commercial Gulf reef fish permit holders to be consistent with NMFS 
OLE's current practices and to remove the requirement to provide the 
certification of installation and activation.
    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, will not have 
a significant economic impact on a substantial number of small 
entities. A description of the factual basis for this determination 
follows. All monetary estimates in the following analysis are in 2022 
dollars.
    The abbreviated framework action and proposed rule would revise the 
OFL, ABC, and stock ACL for Gulf lane snapper from 1,053,834 lb 
(478,011 kg), 1,028,973 lb (466,734 kg), and 1,028,973 lb (466,734 kg), 
respectively, to 1,116,331 lb (506,359 kg), 1,088,873 lb (493,904 kg), 
and 1,088,873 lb (493,904 kg) respectively. Because all the current and 
proposed catch limits were both derived, in part, using MRIP-FES data, 
they are directly comparable.
    In addition, NMFS is proposing to revise existing requirements for 
the collection of information approved under Office of Management and 
Budget (OMB) Control Number 0648-0544, Southeast Region Vessel 
Monitoring System and Related Requirements. This proposed rule would 
revise the process for fishermen to request a VMS power-down exemption, 
including how and what information is collected, and the valid period 
of an exemption. This proposed rule would also remove an existing 
requirement for a vessel owner or operator to submit a form certifying 
that a qualified marine electrician has installed and activated a NMFS-
approved VMS unit on the vessel, and that NMFS personnel have verified 
its operation. This proposed rule contains a collection-of-information 
requirement subject to review and approval by the OMB under the 
Paperwork Reduction Act (PRA).
    A valid commercial Gulf reef fish vessel permit is required in 
order for commercial fishing vessels to legally harvest reef fish 
species in the Gulf. As of August 26, 2021, there were 814 vessels that 
possessed a valid commercial Gulf reef fish vessel permit. Ownership 
data regarding vessels that harvest Gulf reef fish are incomplete. 
Therefore, it is not currently feasible to accurately determine 
affiliations between these particular vessels. Because of the 
incomplete ownership data, for purposes of this analysis, NMFS assumes 
each of these vessels is independently owned by a single business, 
which is expected to result in an overestimate of the actual number of 
businesses directly regulated by this proposed action. Thus, NMFS 
assumes this proposed rule would regulate 814 commercial fishing 
businesses.
    Although the proposed changes to the stock ACL would apply to 
recreational anglers, under the RFA, recreational anglers are not 
considered to be entities. 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 and so they are outside 
the scope of this analysis (5 U.S.C. 603).
    A valid charter vessel/headboat (for-hire) Gulf reef fish vessel 
permit is required in order for for-hire vessels to legally harvest 
lane snapper in the Gulf. NMFS does not possess complete ownership data 
regarding vessels that hold charter vessel/headboat Gulf reef fish 
vessel permits, and thus potentially harvest lane snapper. Therefore, 
NMFS is not currently able to accurately determine affiliations between 
these vessels and the businesses that own them. As a result, for 
purposes of this analysis, NMFS assumes each for-hire vessel is 
independently owned by a single business, which is expected to result 
in an overestimate of the actual number of for-hire fishing businesses 
regulated by this proposed rule.
    This proposed rule would only be expected to alter the fishing 
behavior of for-hire vessels that target lane snapper in the Gulf 
(i.e., the behavior of for-hire vessels that incidentally harvest lane 
snapper in the Gulf is not expected to change). Therefore, only for-
hire vessels that target lane snapper in the Gulf are expected to be 
directly affected by this proposed rule.
    NMFS does not possess data indicating how many for-hire vessels 
actually harvest or target Gulf lane snapper in a given year. However, 
in 2020, there were 1,289 vessels with valid charter vessel/headboat 
Gulf reef fish vessel permits. Further, Gulf lane snapper is primarily 
targeted in waters off the west coast of Florida. Of the 1,289 vessels 
with valid charter vessel/headboat Gulf reef fish vessel permits, 803 
were homeported in Florida. Of these permitted vessels, 62 are 
primarily used for commercial fishing rather than for-hire fishing 
purposes and thus are not considered for-hire fishing businesses. In 
addition, 46 of these permitted vessels are considered headboats. 
Although headboats are considered for-hire fishing businesses, they 
take a relatively large, diverse set of anglers to harvest a diverse 
range of species on a trip, and therefore do not typically target a 
particular species. Therefore, NMFS assumes that no headboats would be 
directly affected as a result of this proposed rule. However, charter 
vessels often target lane snapper. Of the 803 vessels with valid 
charter vessel/headboat Gulf reef fish vessel permits that are 
homeported in Florida, 695 vessels are charter vessels. As described in 
the abbreviated framework action, 76 percent of charter vessels with 
valid charter vessel/headboat permits in the Gulf were active in 2017 
(i.e., 24 percent were not fishing). A charter vessel would only be 
directly affected by this proposed rule if it is fishing. Given this 
information, NMFS' best estimate of the number of charter vessels that 
are likely to target Gulf lane snapper in a given year is 528. Thus, 
this proposed regulatory action is estimated to regulate 528 for-hire 
fishing businesses if finalized.
    On December 29, 2015, NMFS issued a final rule establishing a small 
business size standard of $11 million in annual gross receipts 
(revenue) for all businesses primarily engaged in the commercial 
fishing industry (NAICS code 11411) for RFA compliance purposes only 
(80 FR 81194, December 29, 2015). In addition to this gross revenue 
standard, a business primarily involved in commercial fishing is 
classified as a small business if it is independently owned and 
operated, and is not dominant in its field of operations (including its 
affiliates). From 2018 through 2022, the maximum annual gross revenue 
earned by a single commercial reef fish vessel during this time was 
about $3.63 million, while the average annual gross revenue for a 
vessel commercially harvesting Gulf lane snapper was $63,698. Based on 
this information, all commercial fishing businesses regulated by this 
proposed rule are determined to be small entities for the purpose of 
this analysis.
    The SBA has established that a business primarily involved in for-
hire fishing (NAICS code 487210) is

[[Page 51298]]

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 annual receipts (revenue) not in excess of $14.0 
million for all its affiliated operations worldwide. The maximum annual 
gross revenue for a single headboat in the Gulf was about $1.45 million 
in 2017. On average, annual gross revenue for headboats in the Gulf is 
about three times greater than annual gross revenue for charter 
vessels, reflecting the fact that businesses that own charter vessels 
are typically smaller than businesses that own headboats. Based on this 
information, all for-hire fishing businesses regulated by this proposed 
rule are determined to be small businesses for the purpose of this 
analysis.
    If implemented, NMFS expects this proposed rule to directly affect 
the 814 commercial fishing businesses that possess a valid commercial 
Gulf reef fish permit. Further, NMFS expects this proposed rule to 
directly affect 528 of the 1,227 for-hire fishing businesses with valid 
Federal charter vessel/headboat permits in the Gulf reef fish fishery, 
or approximately 43 percent of those for-hire fishing businesses. For 
the purpose of this analysis, all affected commercial and for-hire 
fishing businesses are small entities. Based on this information, NMFS 
expects the proposed rule to affect a substantial number of small 
entities.
    For vessels that commercially harvest lane snapper in the Gulf, 
currently available data indicate that economic profits are 
approximately 32 percent of annual average gross revenue. Given that 
their average annual gross revenue is $63,698, annual average economic 
profit per vessel is estimated to be approximately $20,383.
    As noted above, the abbreviated framework action and this proposed 
rule would increase the stock ACL from 1,028,973 lb (466,734 kg) to 
1,088,873 lb (493,904 kg). This increase in the stock ACL would 
increase the amount of lane snapper available for harvest by the 
commercial sector. Based on the commercial and recreational sector-
specific landings from 2018-2022, the recreational sector has accounted 
for 97.26 percent of landings, while the commercial sector has 
accounted for 2.74 percent of landing. If this current relative sector 
usage persists, NMFS expects the increase of 59,900 lb (27,170 kg) to 
the lane snapper stock ACL to allow the commercial sector to utilize an 
additional 1,641 lb (744 kg). NMFS expects this increase in commercial 
landings to have a minimal increase on the average ex-vessel price due 
to a relatively high number of substitute products (e.g., imports, 
other reef fish species landed in the Gulf and South Atlantic, etc.). 
Thus, assuming the average ex-vessel price of $3.35/lb, gutted weight, 
from 2018-2022, NMFS expects the annual gross revenue to increase by 
$5,498 and economic profit to increase by $1,759. On a per vessel 
basis, NMFS expects annual gross revenue and economic profit to 
increase by $18 and $10, respectively.
    As described in the abbreviated framework action, the average 
annual economic profits are approximately $27,000 per charter vessel. 
The proposed action to change the total OFL, ABC, and stock ACL for 
Gulf lane snapper would increase the total amount of lane snapper 
available for harvest by the recreational sector. If current relative 
sector usage persists, the increase of 59,900 lb (27,170 kg) to the 
lane snapper stock ACL would allow the recreational sector to utilize 
an additional 58,259 lb (26,426 kg).
    The change to the Gulf lane snapper stock ACL may cause a change in 
the number of recreational targeted trips. In the long run, factors of 
production, such as labor and capital, can be used elsewhere in the 
economy, and so only short-term changes to economic profits are 
expected. In the Gulf, headboat trips take a diverse set of anglers on 
a single vessel, generally advertising a diverse range of species to be 
caught. Therefore, an assumption that no headboat trips would be gained 
due to a change in ACL would be reasonable. However, charter vessel 
trips that are targeting lane snapper may be added and are the focus of 
the recreational sector analysis. Based on the predicted closure dates 
under the 3-year average (2018-2020) and 5-year average (2018-2022) as 
shown in the abbreviated framework action, the recreational season is 
not expected to close early under either the proposed or current ACLs. 
Therefore, the proposed ACL would not be expected to lengthen the 
recreational season and provide additional charter trips, and therefore 
no changes to for-hire profits are expected as a result of this 
proposed regulatory action.
    If implemented, NMFS expects the proposed VMS power-down exemption 
changes to decrease the number of respondents per year and decrease the 
number of annual responses. Public reporting burden for requesting a 
VMS power-down exemption is expected to be reduced per entity due to 
faster to completion rates with the online form, as opposed to filling 
out and mailing a paper-based form with postage and waiting for a 
response from NMFS OLE to be delivered by postal mail. However, NMFS 
expects an increase in the total number of annual power down exemption 
requests due to NMFS' increased outreach to participants on the 
requirement to submit a power down exemption request before turning off 
their VMS unit. Opportunity costs are associated with any time burden 
created by reporting requirements. Typically, opportunity cost is 
approximated using the average wage or salary of those covered by the 
requirement. Vessel owners or operators would be responsible for 
submitting the VMS power-down exemption, and thus use of the average 
wage of first line supervisors and managers in the fishing, forestry, 
and farming industries is appropriate. As of May 2023, which is the 
most currently available information, the Bureau of Labor Statistics 
reported that the mean wage of individuals in this occupation group was 
$28.28. The revised VMS power-down exemption would apply to all 814 
actively permitted Gulf reef fish vessels. The annual fleet-wide time 
burden associated with this revision would be increased from 12.5 hours 
to 21.75 hours, or an increase of 9.25 total burden hours. Thus, the 
public reporting burden per vessel is expected to increase by 
approximately 0.01 hours per year. This results in an increase in 
opportunity cost of approximately $0.32 per business per year, which is 
trivial relative to the average annual gross revenue for a commercial 
Gulf reef fish vessel. The total cost savings in postage resulting from 
changes to the VMS power-down exemption per vessel is approximately 
$0.66 per year. Based on the analysis above, the additional costs per 
business resulting from the VMS power down exemption revisions are 
expected to be minimal.
    If implemented, NMFS OLE expects the removal of the VMS 
Installation and Activation Certification for the Reef Fish Fishery of 
the Gulf of Mexico changes to decrease the number of respondents per 
year and decrease the number of annual responses. Removing the required 
form to certify an installed and activated VMS unit, as proposed, would 
remove the associated annual time burden and costs from respondents. 
The revised VMS Installation and Activation Certification would apply 
to all 814 actively permitted Gulf reef fish vessels. The annual fleet-
wide time burden associated with this revision would be decreased from 
593.3 hours to 2.67 hours, or a reduction of 590.63 total burden hours. 
Thus, the total decrease in time burden per vessel is approximately 
0.73 hours per year. These estimates include the time for

[[Page 51299]]

reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. This results in a reduction in opportunity 
cost of approximately $20.20 per business per year.
    Based on the information above, NMFS does not expect a reduction in 
profits for a substantial number of small entities as a result of this 
proposed rule. Thus, this proposed rule would not have a significant 
economic impact on a substantial number of small entities and an 
initial regulatory flexibility analysis is not required and none has 
been prepared.
    This proposed rule contains a collection-of-information requirement 
subject to review and approval by the OMB under the PRA. NMFS is 
proposing to revise existing requirements for the collection of 
information approved under OMB Control Number 0648-0544, Southeast 
Region Vessel Monitoring System and Related Requirements. This proposed 
rule would revise the process for fishermen to request a VMS power-down 
exemption, including how and what information is collected, and the 
valid period of an exemption. This proposed rule would also remove an 
existing requirement for a vessel owner or operator to submit a form 
certifying that a qualified marine electrician has installed and 
activated a NMFS-approved VMS unit on the vessel, and that NMFS 
personnel have verified its operation.
    NMFS seeks public comment regarding: whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Submit comments on 
these or any other aspects of the collection of information at https://www.reginfo.gov/public/do/PRAMain.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor will any person be subject to a penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Gulf, Lane snapper, Recreational, 
Reef fish, Vessel monitoring systems.

    Dated: June 10, 2024.
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.  622.28, revise paragraphs (d) and (f) to read as follows:


Sec.  622.28  Vessel monitoring systems (VMSs).

* * * * *
    (d) Power-down exemptions. An owner or operator of a vessel subject 
to the requirement to have a VMS operating at all times as specified in 
paragraph (a) of this section can be exempted from that requirement and 
may power down the required VMS unit as specified in the following 
provisions.
    (1) The vessel will be continuously out of the water or in port, as 
defined in paragraph (c) of this section, for more than 72 consecutive 
hours.
    (2) The owner or operator of the vessel requests and obtains 
authorization from NMFS OLE to power-down the VMS unit on the same 
vessel. VMS units must remain on and positioning until the vessel owner 
or operator receives such authorization. A request for a power-down 
exemption must be completed through a NMFS website. The request must 
provide the specified information, such as, the identity of person 
making the request, vessel owner, vessel identification, and the reason 
for an exemption. Authorization for the power-down is displayed on the 
website after submission of all required information, and is 
transmitted by email to the requester and the vessel owner, if 
different from the requester. After receipt of the authorization, the 
VMS unit may be turned off for the approved time period.
    (3) If a vessel with an approved VMS power-down exemption submits a 
trip declaration, as specified in paragraph (e) of this section, before 
the power-down exemption expires, the power-down exemption will be 
void, and the vessel is required to have a VMS operating at all times 
as specified in paragraph (a) of this section. Authorization for a new 
power-down exemption will be required before the vessel can 
subsequently power-down the VMS unit.
    (4) An approved VMS power-down exemption is not transferrable and 
is granted only to the vessel owner, vessel, and the commercial reef 
fish permit number contained in the authorization.
    (5) The maximum period for a single approved VMS power-down 
exemption is 1 year from the date that NMFS grants the VMS power-down 
exemption. A vessel owner or operator may request a subsequent VMS 
power-down exemption for the same vessel after the expiration of the 
preceding power-down exemption.
* * * * *
    (f) Installation and activation of a VMS. Only a VMS that has been 
approved by NMFS for the Gulf reef fish fishery may be used, and the 
VMS must be installed by a qualified marine electrician.
* * * * *
0
3. In Sec.  622.41, revise paragraph (k) to read as follows:


Sec.  622.41  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (k) Lane snapper. If the sum of the commercial and recreational 
landings, as estimated by the SRD, reaches or is projected to reach the 
stock ACL, as specified in this paragraph (k), the AA will file a 
notification with the Office of the Federal Register to close the 
commercial and recreational sectors for the remainder of the fishing 
year. The stock ACL for lane snapper is 1,088,873 lb (493,904 kg), 
round weight.
* * * * *
[FR Doc. 2024-13140 Filed 6-14-24; 8:45 am]
BILLING CODE 3510-22-P