Rule2021-27752
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Lane Snapper Management Measures
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 23, 2021
Effective
January 24, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues regulations to implement management measures described in a framework action to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery Management Council (Council). This final rule modifies catch limits in the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) for lane snapper. The purpose of this final rule and the framework action is to modify the annual catch limit (ACL), to revise an accountability measure (AM), and to achieve optimum yield (OY) for the stock while preventing overfishing. This final rule also makes minor administrative changes to replace outdated NMFS website addresses and language about required software for the Individual Fishing Quota (IFQ) programs. Additionally, this final rule reopens the harvest of lane snapper for the commercial and recreational sectors as a result of the ACL increase.
Full Text
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<title>Federal Register, Volume 86 Issue 244 (Thursday, December 23, 2021)</title>
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[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Rules and Regulations]
[Pages 72854-72857]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27752]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 211217-0261]
RIN 0648-BK36
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Lane Snapper Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues regulations to implement management measures
described in a framework action to the Fishery Management Plan for the
Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the
Gulf of Mexico Fishery Management Council (Council). This final rule
modifies catch limits in the Gulf of Mexico (Gulf) exclusive economic
zone (EEZ) for lane snapper. The purpose of this final rule and the
framework action is to modify the annual catch limit (ACL), to revise
an accountability measure (AM), and to achieve optimum yield (OY) for
the stock while preventing overfishing. This final rule also makes
minor administrative changes to replace outdated NMFS website addresses
and language about required software for the Individual Fishing Quota
(IFQ) programs. Additionally, this final rule reopens the harvest of
lane snapper for the commercial and recreational sectors as a result of
the ACL increase.
DATES: This final rule is effective January 24, 2022, except for
amendment number 6 to Sec. 622.41(k), which is effective on December
23, 2021.
The lane snapper commercial and recreational sectors will reopen
effective 12:01 a.m., local time, December 23, 2021, until the end of
the current fishing year, December 31, 2021.
ADDRESSES: Electronic copies of the framework action, which includes an
environmental assessment, and a regulatory impact review, may be
obtained from the Southeast Regional Office website at <a href="https://www.fisheries.noaa.gov/action/framework-action-implement-modification-gulf-mexico-lane-snapper-catch-limits-and">https://www.fisheries.noaa.gov/action/framework-action-implement-modification-gulf-mexico-lane-snapper-catch-limits-and</a>.
FOR FURTHER INFORMATION CONTACT: Dan Luers, Southeast Regional Office,
NMFS, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#2b4f4a45424e4705475e4e59586b45444a4a054c445d"><span class="__cf_email__" data-cfemail="0561646b6c60692b6970607776456b6a64642b626a73">[email protected]</span></a>.
[[Page 72855]]
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef
fish fishery, which includes lane snapper, under the FMP. The Council
prepared the FMP and NMFS implements the FMP through regulations at 50
CFR part 622 under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
On October 18, 2021, NMFS published a proposed rule for the
framework action and administrative changes to the IFQ Program and
requested public comment (86 FR 57629). The proposed rule and the
framework action outline the rationale for the actions regarding Gulf
lane snapper contained in this final rule, which is unchanged from the
proposed rule. A summary of the management measures described in the
framework action, as well as management measures not contained in the
framework action, and implemented by this final rule is described
below. All weights in the final rule are described in round weight,
unless otherwise noted.
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and to achieve, on a
continuing basis, the OY from federally managed fish stocks to ensure
that fishery resources are managed for the greatest overall benefit to
the nation, particularly with respect to providing food production and
recreational opportunities, and protecting marine ecosystems.
Lane snapper in the Gulf EEZ are managed as a single stock with a
stock ACL of 301,000 lb (136,531 kg) that has not changed since
implemented in 2012 (76 FR 82044; December 29, 2011). This stock ACL is
based on average landings from 1999 through 2008. The fishing year is
January 1 through December 31, each year.
In 2019, in response to landings data that indicated lane snapper
experienced overfishing in 2017 and exceeded its ACL in 2018, the
Council requested that the NMFS Southeast Fisheries Science Center
provide an updated, interim analysis on the lane snapper stock to
include landings data from 2015-2018. However, the updated analysis
used recreational catch estimate values that were calculated using
effort and landings information from the previous Marine Recreational
Information Program (MRIP) Coastal Household Telephone Survey (CHTS)
and the Access Point Angler Intercept Survey. The CHTS has since been
replaced by the newer MRIP Fishing Effort Survey (FES). Thus, as
requested by the Council's Scientific and Statistical Committee (SSC),
an updated analysis was provided in 2020 (SEDAR 49 Update [2020]) that
converted the recreational data used to calculate the estimated catch
limits for lane snapper to values directly comparable to those
collected through MRIP-FES.
The conversion to MRIP-FES values resulted in an approximate
doubling of recreational catch and effort estimates. Thus, based on the
results of the SEDAR 49 Update (2020) and the conversion to MRIP-FES,
the SSC recommended increasing the overfishing limit from 358,000 lb
(162,386 kg) to 1,053,834 lb (478,011 kg), and increasing the
acceptable biological catch (ABC) from 301,000 lb (135,531 kg) to
1,028,973 lb (466,734 kg). In the framework action, the Council adopted
the SSC's recommendations.
Despite landings exceeding the lane snapper ACL each year from 2016
through 2020, NMFS closed the harvest of lane snapper only once, in
2019, under the current AM, which requires a closure when the ACL is
met or projected to be met during the year following an ACL overage (84
FR 68058; December 13, 2019). Therefore, the Council is modifying the
AM in this final rule to require an in-season closure in any year
during which NMFS projects that the ACL is met.
In the 2020 fishing year, lane snapper landings exceeded the stock
ACL by 57,638 lb (26,144 kg). Therefore, consistent with the current
AM, NMFS monitored landings in 2021 and closed the harvest of lane
snapper on October 18, 2021, after determining that the ACL would be
reached by that date (86 FR 54657; October 4, 2021). The ACL increase
implemented through this final rule will allow NMFS to reopen harvest
of lane snapper until the end of the current fishing year, December 31,
2021.
Management Measures Contained in This Final Rule
This final rule modifies the ACL for the Gulf lane snapper stock.
It also modifies the AM to require NMFS to implement a closure during
the current fishing year if landings meet or are projected to meet the
revised ACL.[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED]
Annual Catch Limit
This final rule increases the lane snapper stock ACL from 301,000
lb (136,531 kg) to 1,028,973 lb (466,734 kg).
Accountability Measure
This final rule modifies the AM such that if annual landings in a
given year reach or are projected to reach the revised ACL, NMFS will
implement a seasonal closure to prohibit harvest of lane snapper by the
commercial and recreational sectors for the remainder of the fishing
year.
Measures Codified in This Final Rule Not in the Framework Action
In addition to the other measures contained in the framework action
and as explained in the proposed rule, this final rule also corrects
the NMFS Southeast Regional Office website address in the two sections
of the regulations that specify permit requirements and make several
administrative changes to NMFS's IFQ Program regulations.
Comments and Responses
NMFS received a total of 21 comments on the proposed rule for the
framework action. NMFS acknowledges the comments in favor of the
actions in the proposed rule and agrees with them. Some comments
suggested changes to lane snapper management measures that were outside
the scope of the proposed rule and framework action, such as increasing
the minimum size limit, or implementing sector allocations. These
comments are not addressed further in this final rule. Specific
comments related to the proposed rule and the framework action are
grouped by topic and addressed below.
Comment 1: NMFS should increase the lane snapper ACL but not as
much as proposed.
Response: NMFS disagrees that the ACL should not be increased as
much as proposed. As explained previously, the current ACL of 301,000
lb (136,531 kg) has been in effect since 2012, and is based on average
landings from 1999 through 2008. The ACL implemented through this final
rule is based on new information provided in the SEDAR 49 Update
(2020), which indicated that the Gulf lane snapper stock size had
increased and includes the MRIP-FES data. The conversion to MRIP-FES
data accounts for approximately half of the increase in the ACL. Thus,
after the conversion, the increase implemented in this action is
slightly less than a doubling of the current catch limits. The increase
in the stock ACL is also consistent with the Council's SSC recommended
ABC.
Comment 2: NMFS should not implement an increase in the Gulf lane
snapper ACL because lane snapper is not prevalent in some areas, the
stock is just starting to improve its health, and NMFS was required to
close harvest of lane snapper in in October 2021.
Response: NMFS, in collaboration with the Council, made decisions
on the lane snapper catch limits based on the
[[Page 72856]]
most recent data on the stock status. Although the population of lane
snapper in certain areas may not appear to have increased, NMFS has
determined that the stock size of lane snapper has increased
substantially Gulf-wide. The increase in the stock ACL for lane snapper
is consistent with the result of the SEDAR 49 Update (2020), which is
the best scientific information available, and the recommendation of
the Council's SSC.
The inseason closure of Gulf lane snapper in October 2021 was based
on the stock ACL in place prior to the publication of this final rule,
not on any change in the stock's status. The increase in the ACL
implemented through this final rule is based updated information on the
size of the Gulf lane snapper stock and allows NMFS to reopen harvest
to the commercial and recreational sectors through the end of the
current fishing year. Therefore, NMFS disagrees that the recent
inseason closure provides a basis to reject the increase in ACL
recommended by the Council.
Reopening of the Lane Snapper Commercial and Recreational Sectors for
the 2021 Fishing Year
For Gulf lane snapper, the stock ACL of 301,000 lb (136,531 kg) has
been used for stock management prior to the implementation of this
rule. Also, the AM effective prior to the publication of this final
rule, as specified in 50 CFR 622.41(k), stated that if the sum of the
commercial and recreational lane snapper landings exceeds the stock ACL
during a fishing year, then during the following fishing year, if the
sum of commercial and recreational landings reaches or is projected to
reach the stock ACL, NMFS is required to close the commercial and
recreational sectors for the remainder of that fishing year. In the
2020 fishing year, lane snapper landings exceeded the stock ACL by
57,638 lb (26,144 kg). For the 2021 fishing year, NMFS determined that
the ACL in place at the time would be reached by October 18, 2021, and
published a temporary rule that closed the fishing season for lane
snapper in the Gulf EEZ through December 31, 2021 (86 FR 54657; October
4, 2021).
The new ACL of 1,028,973 lb (466,734 kg) implemented through this
final rule, is effective upon publication in the Federal Register.
Therefore, in accordance with 50 CFR 622.8(c), NMFS reopens the Gulf
lane snapper fishing season through December 31, 2021, to provide the
opportunity for commercial and recreational fishers to harvest the new
stock ACL.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with the framework action, the FMP, other provisions of the
Magnuson-Stevens Act, and other applicable laws. NMFS issues the
reopening pursuant to section 305(d) of the Magnuson-Stevens Act. That
action is taken under 50 CFR 622.8(c), which was issued pursuant to
section 304(b) of the Magnuson-Stevens Act.
NMFS finds good cause under 5 U.S.C. 553(b)(B) to waive prior
notice and an opportunity for public comment on the action to reopen
harvest of lane snapper, as notice and comment is unnecessary and
contrary to the public interest. Such procedures are unnecessary
because the regulation at 50 CFR 622.8(c) has already been subject to
notice and public comment, and all that remains is to notify the public
that additional harvest of lane snapper is available under the new ACL,
and therefore, that the commercial and recreational sectors will
reopen. Such procedures are contrary to the public interest because the
fishing year ends on December 31, 2021, and notice and comment would
not allow harvest to reopen before that time, which would reduce the
social and economic benefits of this rule and the ability to achieve
OY.
NMFS also finds good cause under 5 U.S.C. 553(d)(3) to waive the
30-day delay in the effective date for these regulations because
delaying implementation of the ACL increase and reopening is contrary
to the public interest. A delay in effectiveness is contrary to the
public interest because it would not allow additional harvest before
the end of 2021.[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED]
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the legal basis for this final
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified. In addition, no new reporting, record-keeping, or
other compliance requirements are introduced by this final rule. This
final rule contains no information collection requirements under the
Paperwork Reduction Act of 1995. A description of this final rule, why
it is being considered, and the purposes of this final rule are
contained in the preamble and in the SUMMARY section of this final
rule.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that the modifications to
the lane snapper ACL and AM, and administrative changes to NMFS's IFQ
Program regulations would not have a significant economic impact on a
substantial number of small entities. The factual basis for the
certification was published in the proposed rule and is not repeated
here. No comments were received regarding this certification. As a
result, a regulatory flexibility analysis was not required and none was
prepared.
List of Subjects in 50 CFR Part 622
Annual catch limit, Fisheries, Fishing, Gulf, Individual fishing
quota, Lane snapper, Quota, Reef fish.
Dated: December 17, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Effective January 24, 2022, in Sec. 622.4, revise the fifth
sentence in paragraph (g)(1) to read as follows:
Sec. 622.4 Permits and fees--general.
* * * * *
(g) * * *
(1) * * * Application forms and instructions for renewal are
available online at <a href="https://www.fisheries.noaa.gov/southeast/resources-fishing/permits-applications-and-forms-southeast">https://www.fisheries.noaa.gov/southeast/resources-fishing/permits-applications-and-forms-southeast</a> or from the RA
(Southeast Permits Office) at 1-877-376-4877, Monday through Friday
between 8 a.m. and 4:30 p.m., eastern time. * * *
* * * * *
0
3. Effective January 24, 2022, in Sec. 622.20, revise the third
sentence in paragraph (a)(1)(ii) to read as follows:
Sec. 622.20 Permits and endorsements.
(a) * * *
(1) * * *
(ii) * * * The application form and instructions are available
online at <a href="https://www.fisheries.noaa.gov/southeast/resources-fishing/permits-applications-and-forms-southeast">https://www.fisheries.noaa.gov/southeast/resources-fishing/permits-applications-and-forms-southeast</a>. * * *
* * * * *
[[Page 72857]]
0
4. Effective January 24, 2022, in Sec. 622.21:
0
a. Revise the second sentence in paragraph (a)(3)(i);
0
b. Revise the third sentence in paragraph (b)(1); and
0
c. Revise the first sentence in paragraphs (b)(11)(i) and
(b)(11)(ii)(A) introductory text.
The revisions read as follows:
Sec. 622.21 Individual fishing quota (IFQ) program for Gulf red
snapper.
(a) * * *
(3) * * *
(i) * * * The computer must have current, up-to-date browser
software installed, which may be downloaded from the internet for free.
* * *
* * * * *
(b) * * *
(1) * * * An owner of a vessel with a commercial vessel permit for
Gulf reef fish, who has established an IFQ account for Gulf red snapper
as specified in paragraph (a)(3)(i) of this section, online via the
NMFS IFQ website <a href="https://secatchshares.fisheries.noaa.gov/">https://secatchshares.fisheries.noaa.gov/</a>, may
establish a vessel account through that IFQ account for that permitted
vessel. * * *
* * * * *
(11) * * *
(i) * * * A current participant in the red snapper IFQ program must
complete and submit the application for an IFQ Account that is
available on the website <a href="https://secatchshares.fisheries.noaa.gov">https://secatchshares.fisheries.noaa.gov</a>, to
certify status as a U.S. citizen or permanent resident alien. * * *
(ii) * * *
(A) To establish an IFQ account, a person must first complete the
application for an IFQ Account that is available on the website <a href="https://secatchshares.fisheries.noaa.gov">https://secatchshares.fisheries.noaa.gov</a>. * * *
* * * * *
0
5. Effective January 24, 2022, in Sec. 622.22:
0
a. Revise the second sentence in paragraph (a)(3)(i);
0
b. Revise the third sentence in paragraph (b)(1); and
0
c. Revise the first sentence in paragraph (b)(11)(i).
The revisions read as follows:
Sec. 622.22 Individual fishing quota (IFQ) program for Gulf groupers
and tilefishes.
(a) * * *
(3) * * *[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED]
(i) * * * The computer must have current, up-to-date browser
software installed, which may be downloaded from the internet for free.
* * *
* * * * *
(b) * * *
(1) * * * An owner of a vessel with a commercial vessel permit for
Gulf reef fish, who has established an IFQ account for the applicable
species, as specified in paragraph (a)(3)(i) of this section, online
via the NMFS IFQ website <a href="https://secatchshares.fisheries.noaa.gov">https://secatchshares.fisheries.noaa.gov</a>, may
establish a vessel account through that IFQ account for that permitted
vessel. * * *
* * * * *
(11) * * *
(i) A current participant in the Gulf grouper and tilefish IFQ
program must complete and submit the application for an IFQ Account
that is available on the website <a href="https://secatchshares.fisheries.noaa.gov">https://secatchshares.fisheries.noaa.gov</a>, to certify status as a U.S. citizen
or permanent resident alien. * * *
* * * * *
0
6. Effective December 23, 2021, in Sec. 622.41, revise paragraph (k)
to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(k) Lane snapper. If the sum of the commercial and recreational
landings, as estimated by the SRD, reaches or is projected to reach the
stock ACL, as specified in this paragraph (k), the AA will file a
notification with the Office of the Federal Register to close the
commercial and recreational sectors for the remainder of the fishing
year. The stock ACL for lane snapper is 1,028,973 lb (466,734 kg),
round weight.
* * * * *
[FR Doc. 2021-27752 Filed 12-22-21; 8:45 am]
BILLING CODE 3510-22-P[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES]
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