Rule2022-10390
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2022 Red Snapper Private Angling Component Accountability Measure in Federal Waters Off Louisiana and Florida
Primary source
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Published
May 13, 2022
Effective
May 13, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Through this temporary rule, NMFS implements accountability measures (AMs) for the red snapper recreational sector private angling component in the Gulf of Mexico (Gulf) off Louisiana and Florida for the 2022 fishing year. Based on information provided by the Louisiana Department of Wildlife and Fisheries (LDWF) and Florida Fish and Wildlife Conservation Commission (FWC), NMFS has determined that the 2021 regional management area private angling component annual catch limits (ACL) for Gulf red snapper were exceeded for both Louisiana and Florida. Therefore, NMFS reduces the 2022 private angling component ACLs of Gulf red snapper for both the Louisiana and Florida regional management areas. This reduction will remain in effect through the remainder of the current fishing year on December 31, 2022, and is necessary to protect the Gulf red snapper resource.
Full Text
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<title>Federal Register, Volume 87 Issue 93 (Friday, May 13, 2022)</title>
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[Federal Register Volume 87, Number 93 (Friday, May 13, 2022)]
[Rules and Regulations]
[Pages 29236-29237]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10390]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 200124-0029; RTID 0648-XB978]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; 2022 Red Snapper Private
Angling Component Accountability Measure in Federal Waters Off
Louisiana and Florida
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule, accountability measure.
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SUMMARY: Through this temporary rule, NMFS implements accountability
measures (AMs) for the red snapper recreational sector private angling
component in the Gulf of Mexico (Gulf) off Louisiana and Florida for
the 2022 fishing year. Based on information provided by the Louisiana
Department of Wildlife and Fisheries (LDWF) and Florida Fish and
Wildlife Conservation Commission (FWC), NMFS has determined that the
2021 regional management area private angling component annual catch
limits (ACL) for Gulf red snapper were exceeded for both Louisiana and
Florida. Therefore, NMFS reduces the 2022 private angling component
ACLs of Gulf red snapper for both the Louisiana and Florida regional
management areas. This reduction will remain in effect through the
remainder of the current fishing year on December 31, 2022, and is
necessary to protect the Gulf red snapper resource.
DATES: This temporary rule is effective from 12:01 a.m., local time, on
May 13, 2022, until 12:01 a.m., local time, on January 1, 2023.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast
Regional Office, telephone: 727-824-5305, email:
<a href="/cdn-cgi/l/email-protection#fa919f969693d4959e9594949f9696ba94959b9bd49d958c"><span class="__cf_email__" data-cfemail="cca7a9a0a0a5e2a3a8a3a2a2a9a0a08ca2a3adade2aba3ba">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes
red snapper, is managed under the Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared by the
Gulf of Mexico Fishery Management Council and is implemented by NMFS
under the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) through regulations at 50 CFR
part 622. All red snapper weights discussed in this temporary rule are
in round weight.
In 2015, Amendment 40 to the FMP established two components within
the recreational sector fishing for red snapper: The private angling
component, and the Federal charter vessel and headboat (for-hire)
component (80 FR 22422, April 22, 2015). In 2020, NMFS implemented
Amendments 50 A-F to the FMP, which delegated authority to the Gulf
states (Louisiana, Mississippi, Alabama, Florida, and Texas) to
establish specific management measures for the harvest of red snapper
in Federal waters of the Gulf by the private angling component of the
recreational sector (85 FR 6819, February 6, 2020). These amendments
allocate a portion of the private angling ACL to each state, and each
state is required to constrain landings to its allocation as part of
state management.
As described at 50 CFR 622.39(a)(2)(i), the Gulf red snapper
recreational sector quota (ACL) is 7.399 million lb (3.356 million kg)
and the recreational private angling component quota (ACL) is 4.269
million lb (1.936 million kg). The Louisiana regional management area
private angling component ACL is 816,233 lb (370,237 kg) (50 CFR
622.23(a)(1)(ii)(C)) and the Florida regional management area private
angling component ACL is 1,913,451 lb (867,927 kg) (50 CFR
622.23(a)(1)(ii)(B)). Regulations at 50 CFR 622.23(b) require that if a
state's red snapper private angling component landings exceed the
applicable state's component ACL, then in the following fishing year,
that state's private angling ACL will be reduced by the amount of that
ACL overage in the prior fishing year.
Based on data provided by the LDFW, NMFS has determined that
landings of red snapper off Louisiana for the private angling
component, which includes landings for state charter vessels, in 2021
were 823,151 lb (373,375 kg); which is 6,918 lb (3,138 kg) greater than
2021 Louisiana allocation of the private angling component ACL. Based
on data provided by the FWC, NMFS has determined that landings of red
snapper off Florida for the private angling component, which includes
landings for state charter vessels, in 2021 were 2,169,739 lb (984,177
kg); which is 256,288 lb (116,250 kg) greater than 2021 Florida
allocation of the private angling component ACL. Accordingly, for the
2022 fishing year, this temporary rule reduces the Louisiana regional
management area private angling component ACL for Gulf red snapper by
the ACL overage amount of 6,918 lb (3,138 kg), which results in a
revised 2022 private angling ACL for Louisiana of 809,315 lb (367,099
kg). This temporary rule also reduces the Florida regional management
area private angling component ACL for Gulf red snapper by the ACL
overage amount of 256,288 lb (116,250 kg), which results in
[[Page 29237]]
a revised 2022 private angling ACL for Florida of 1,657,163 lb (751,676
kg).
Additionally, as a result of the adjusted Louisiana and Florida
ACLs, the total private angling component quota and the total
recreational quota, will also be reduced in the Gulf for 2022. The
private angling component quota will reduce from 4,269,000 lb
(1,936,000 kg) to 4,005,794 lb (1,816,998 kg) and the total
recreational quota will reduce from 7,399,000 lb (3,356,000 kg) to
7,135,794 lb (3,236,742 kg). The recreational private angling component
ACLs for other Gulf state management areas (Alabama, Mississippi, and
Texas) for 2022 are unaffected by this notice. The reduction in the
2022 red snapper private angling component ACLs for the Louisiana and
Florida regional management areas are effective at 12:01 a.m., local
time, on May 13, 2022, and will remain in effect through the end of the
fishing year on December 31, 2022.
The LDWF and FWC are responsible for ensuring that 2022 private
angling component landings in each applicable state's regional
management area do not exceed the adjusted 2022 Louisiana and Florida
ACLs. NMFS notes that after the LDWF and FWC identified that ACL
overages had occurred in 2021, they adjusted their respective 2022 red
snapper private angling fishing seasons to account for the reduction in
the ACLs as required by the regulations at 50 CFR 622.23(b) and
implemented through this temporary rule.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required under 50 CFR 622.23(b) which was
issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is
exempt from review under Executive Order 12866.
These measures are exempt from the procedures of the Regulatory
Flexibility Act because the temporary rule is issued without
opportunity for prior notice and comment.
This action is based on the best scientific information available.
The Assistant Administrator for NOAA Fisheries (AA) finds that the need
to implement this action to reduce the private angling component ACLs
for the Louisiana and Florida regional management areas constitutes
good cause to waive the requirements to provide prior notice and
opportunity for public comment on this temporary rule pursuant to the
authority set forth in 5 U.S.C. 553(b)(B), because such procedures are
contrary to the public interest. Such procedures are unnecessary
because the rule implementing the post-season ACL adjustment authority
has already been subject to notice and comment, and all that remains is
to notify the public of the ACL overage adjustment. Such procedures are
contrary to the public interest because a failure to implement the ACL
overage adjustments immediately may result in confusion among the
public about what ACL is in effect for Louisiana and Florida for the
2022 fishing year.
For the aforementioned reasons, the AA also finds good cause to
waive the 30-day delay in the effectiveness of the action under 5
U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: May 10, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-10390 Filed 5-12-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on May 13, 2022.
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