Rule2022-26019
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Data Calibrations and Harvest Levels
Primary source
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Published
December 2, 2022
Effective
January 1, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues regulations to implement management measures described in two framework actions 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 modifies the state-specific red snapper private angling components annual catch limits (ACLs) to reflect each state's monitoring program. In addition, this final rule modifies commercial and recreational sector and recreational component red snapper ACLs and annual catch targets (ACTs) in the Gulf exclusive economic zone (EEZ). The purpose of this final rule is to calibrate Gulf red snapper state private angling component ACLs to reduce the likelihood of overfishing, to increase the Gulf red snapper ACLs and ACTs consistent with the best scientific information available, and to continue to achieve optimum yield (OY) for the stock.
Full Text
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[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Rules and Regulations]
[Pages 74014-74021]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26019]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 221122-0247]
RIN 0648-BL02
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Data Calibrations
and Harvest Levels
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 two framework actions 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 modifies the state-specific red snapper private angling
components annual catch limits (ACLs) to reflect each state's
monitoring program. In addition, this final rule modifies commercial
and recreational sector and recreational component red snapper ACLs and
annual catch targets (ACTs) in the Gulf exclusive economic zone (EEZ).
The purpose of this final rule is to calibrate Gulf red snapper state
private angling component ACLs to reduce the likelihood of overfishing,
to increase the Gulf red snapper ACLs and ACTs consistent with the best
scientific information available, and to continue to achieve optimum
yield (OY) for the stock.
DATES: This final rule is effective January 1, 2023.
ADDRESSES: Electronic copies of the framework actions, which include
environmental assessments, regulatory impact reviews, and Regulatory
Flexibility Act (RFA) analyses, may be obtained from the Southeast
Regional Office website at <a href="https://www.fisheries.noaa.gov/action/red-snapper-data-calibrations-and-catch-limit-modifications">https://www.fisheries.noaa.gov/action/red-snapper-data-calibrations-and-catch-limit-modifications</a>.
FOR FURTHER INFORMATION CONTACT: Dan Luers, Southeast Regional Office,
NMFS, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#7e1a1f10171b1250120b1b0c0d3e10111f1f50191108"><span class="__cf_email__" data-cfemail="7317121d1a161f5d1f06160100331d1c12125d141c05">[email protected]</span></a>.
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).
On June 28, 2022, NMFS published a proposed rule for the framework
actions and requested public comment (87 FR 38366). The proposed rule
and the framework actions outline the rationale for the actions
contained in this final rule. A summary of the management measures
described in the framework actions and implemented by this final rule
is described below.
Unless otherwise noted, all weights in this final rule are in round
weight.
This final rule implements management measures for both the Gulf of
Mexico Red Snapper Recreational Data Calibration and Recreational Catch
Limits Framework Action (Calibration Framework) and the Modification of
Annual Catch Limits for Gulf of Mexico Red Snapper Framework Action
(Catch Limits Framework). Briefly, the Calibration Framework modifies
the state-specific red snapper private angling component ACLs using the
calibration ratios developed by NMFS' Office of Science and Technology
(OST) and the Gulf states. The Catch Limits Framework increases the red
snapper overfishing limit (OFL), acceptable biological catch (ABC),
ACLs, and ACTs consistent with the red snapper interim analyses and
recommendations from the Council's Scientific and Statistical Committee
(SSC). These two framework actions are combined in this single final
rule because both actions adjust the red snapper catch limits.
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.
Red snapper in the Gulf EEZ is harvested by both the commercial and
recreational sectors. 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. The stock
ACL for red snapper is equal to the ABC. The recreational ACL (quota)
is divided between the Federal for-hire component (42.3 percent), which
includes operators of federally permitted charter vessels and headboats
(for-hire vessels), and the private
[[Page 74015]]
angling component (57.7 percent), which includes private anglers.
In February 2020, NMFS implemented state management of red snapper
for the private angling component through Amendments 50 A-F to the FMP
(85 FR 6819, February 6, 2020). Under state management, each state was
allocated a portion of the red snapper private angling component ACL
and was delegated the authority to set the private angling fishing
season, bag limit, and size limit. These amendments also established an
accountability measure that required any overage of a state's ACL to be
deducted in the following year (i.e., a payback provision).
The Calibration Framework
The Calibration Framework describes in detail the various data
collection programs used to estimate red snapper landings by private
anglers. Until recently (2014), NMFS provided the only estimates of
private angler red snapper landings in all of the Gulf states, except
Texas. Texas anglers have never participated in the NMFS recreational
data collection survey. In 2014, Alabama and Louisiana, and in 2015,
Florida and Mississippi, implemented state data collection programs to
collect this private angler information. Each of these programs is
unique and NMFS has observed differences (sometimes substantial)
between Federal estimates of recreational catch and each state's own
estimate. Specifically, the Alabama and Mississippi surveys tend to
generate much lower landings estimates than the Federal survey.
The current red snapper catch limits (OFL, ABC, ACLs, and ACTs) are
based, in part, on private-angling landings estimated using the Federal
data collection system, and NMFS uses the estimates from the Federal
survey to determine whether landings exceed the total recreational ACL
(quota) and the stock OFL. However, each Gulf state manages the harvest
by its private anglers using estimates from its own state data
collection program. The Federal Marine Recreational Information Program
(MRIP) based catch limits for Florida, Alabama, Mississippi, and
Louisiana are not directly comparable to the landings estimates
generated by each of those states, and the state estimates are not
directly comparable to each other. In other words, each state is
estimating landings in a different ``currency.'' Therefore, the NMFS
OST worked with the Gulf States to develop calibration ratios so that
each state's catch limit could be converted from the Federal
``currency'' to the currency in which each state monitors landings.
The current systems each state uses to manage private angling
harvest have resulted in exceeding the total recreational ACL (quota)
and the OFL. In 2018 and 2019, the private angling component ACL and
recreational ACL were exceeded even though the Federal for-hire
component landings did not exceed the for-hire component ACL. In 2019,
total red snapper landings exceeded the OFL.
To address this issue, the Council developed the Calibration
Framework and selected as preferred the alternative that uses the
calibration ratios to adjust each state's ACL into the currency in
which that state monitors landings. These ratios are: Alabama (0.4875);
Florida (1.0602); Louisiana (1.06); Mississippi (0.3840); Texas (1.00).
The MRIP-based ACLs are multiplied by the ratios to determine the state
currency ACLs. The preferred alternative also included an
implementation date of January 1, 2023. The Council concluded that this
delay in implementation would afford the Gulf states and the NMFS OST
an opportunity to resolve the differences in state-specific data
collection programs and MRIP-Fishing Effort Survey (FES) (e.g., scale
and precision of catch estimates), as recommended by both the Council's
SSC (during discussion at several SSC meetings) and a 2021 National
Academy of Sciences report to Congress.
In February 2022, NMFS OST and the Gulf states participated in a
workshop on the transition to the use of state survey catch data in
Gulf fisheries. The purpose of the workshop was to agree on the
elements of a transition plan for the Gulf state recreation fishing
surveys. The transition plan was published in August 2022, and can be
found at <a href="https://media.fisheries.noaa.gov/2022-10/Gulf%20Transition%20Plan%20Final.pdf">https://media.fisheries.noaa.gov/2022-10/Gulf%20Transition%20Plan%20Final.pdf</a>.
The Catch Limits Framework
In 2019, NMFS implemented a framework action that set the current
red snapper catch limits (85 FR 6819, February 6, 2020). These catch
limits are based on most recent Gulf red snapper Southeast Data,
Assessment, and Review stock assessment (SEDAR 52), completed in 2018,
and the Council's SSC recommendations. The current red snapper stock
OFL is 15.5 million lb (7.0 million kg), the stock ABC and stock ACL
are 15.1 million lb (6.8 million kg). The commercial ACL is 7.701
million lb (3.493 million kg), and the recreational ACL is 7.399
million lb (3.356 million kg). The Federal for-hire component ACL is
3.130 million lb (1.420 million kg) and the private angling component
ACL is 4.269 million lb (1.936 million kg). The Federal for-hire
component ACT is 2.848 million lb (1.292 million kg) and the private
angling component ACT is 3.415 million lb (1.5498 million kg). The
commercial sector does not have a sector ACT because it is managed
under an individual fishing quota (IFQ) program that effectively
constrains landings to the commercial ACL. The 2019 framework also set
the Federal for-hire component ACT at 9 percent below its ACL. The for-
hire component ACT is in place to reduce the likelihood of exceeding
the for-hire ACL, as well as the total recreational ACL. A private
angling component ACT is set 20 percent below the private angling ACL,
but would only be used if a Gulf state did not have an active
delegation under the red snapper state management program.
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 of estimate abundance
and distribution of age 2 and older red snapper on artificial, natural,
and uncharacterized bottom habitat across the northern Gulf through
2019. At its April 2021 meeting, the Council was briefed on the
preliminary results of the GRSC. The GRSC estimated the abundance of
red snapper in the Northern Gulf was approximately three times greater
than had been estimated in the previous stock assessment (SEDAR 52).
The Southeast Fisheries Science Center (SEFSC) worked
collaboratively with the GRSC investigators to develop a method that
could be used to integrate the results of the GRSC into catch limit
advice that is currently based on SEDAR 52. The SEFSC developed catch
projections using GRSC estimates of abundance to scale projections that
initially used abundance estimates from SEDAR 52. The SEFSC also
developed catch level projections based on an interim analysis using
information from the NMFS Bottom Longline (BLL) survey from 2000
through 2020, which was similar to the approach previously used for
Gulf red grouper and gray triggerfish projections. The NMFS BLL survey
is an annual survey that can be used to determine long-term trends in
the abundance of a stock.
The SSC reviewed both sets of projections at its March 30-April 2,
2021, meeting. The SSC expressed some concerns about using the GRSC
findings to recommend catch levels. Specifically,
[[Page 74016]]
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 recently in the NMFS 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 appropriate to use the GRSC based interim
analysis to recommend the OFL, which would be used determine if
overfishing is occurring, but not to use the GRSC to recommend the ABC,
which constrains the total allowable catch that may be specified by the
Council.
For the OFL recommendation, the SSC decided to use the projection
based on the abundance of all red snapper over structure (artificial
reef, natural reef, and pipeline) and 13 percent of the abundance from
the unclassified bottom, and used a 3-year average of the maximum
sustainable yield proxy for Gulf red snapper (the mortality
corresponding to a 26 percent reduction in the spawning potential ratio
from an unfished condition). This OFL for Gulf red snapper is 25.6
million lb (11.6 million kg). With respect to the ABC, the SSC
determined that 2020 BLL survey data should not be used for this
interim analysis because of the low sample size and high coefficient of
variation for those data that were likely the result of the COVID-19
pandemic, and recommended that the catch advice be derived from the 5-
year average. Based on these selections, the Council's SSC provided an
ABC recommendation for Gulf red snapper of 15.4 million lb (7.0 million
kg). This recommendation reflects the SSC's determination that the ABC
should be considerably more conservative than the OFL, at least until
the SSC questions related to the GRSC are more thoroughly explored.
The SSC has reviewed new information related the GRSC on several
occasions, including at its March 2022 meeting. At that same meeting,
the SEFSC presented an analysis that used the updated GRSC information,
and the SSC made new catch level recommendations based on this new
analysis. These new recommendations decrease the OFL to 18.91 million
lb (8.58 million kg) and increase the ABC to 16.31 million lb (7.40
million kg). In August 2022, the Council finalized a new framework
action to adjust the red snapper catch limits consistent with these
recommendations. In October 2022, the Council submitted the new
framework action and proposed regulations to NMFS for review.
The Council approved both the Data Calibration Framework Action and
the Catch Limits Framework Action at its April 2021 meeting. However,
NMFS expressed concern about the Council's proposal to delay
implementation of the Calibration Framework until 2023, and requested
that the Council reconsider that implementation timing. The Council
discussed the request at its August 2021 meeting but did not make any
changes to the implementation date of the preferred alternative.
Management Measures Contained in This Final Rule
This final rule modifies the state-specific red snapper private
angling component ACLs using the calibration ratios adopted by the
Council, and increases the red snapper ACLs and ACTs consistent with
the red snapper interim analyses and the subsequent SSC
recommendations. The calibrations are necessary to convert the state
private angling component ACLs into the same currency in which each
state monitors landings by the private angling component. This will
reduce the likelihood of exceeding the red snapper private angling
component ACL, the total recreational ACL, and the OFL.
ACLs and ACTs
This final rule increases the Gulf red snapper catch limits. The
stock ACL will increase from 15,100,000 lb (6,800,000 kg) to 15,400,000
lb (7,000,000 million kg). The commercial ACL (commercial quota) will
increase from 7,701,000 lb (3,493,000 kg) to 7,854,000 lb (3,562,514
kg), and the recreational ACL (recreational quota) will increase from
7,399,000 lb (3,356,000 kg) to 7,546,000 lb (3,422,808 kg). The for-
hire component recreational ACL will increase from 3,130,000 lb
(1,420,000 kg) to 3,191,958 lb (1,447,848 kg). The private angling
component recreational ACL will increase from 4,269,000 lb (1,936,000
kg) to 4,354,042 lb (1,974,960 kg). In addition, the private angling
recreational ACT will increase from 3,415,000 lb (1,549,000 million kg
kg) to 3,483,234 lb (1,579,968 kg).
For the Federal for-hire component, the Council chose to maintain
the current buffer between the ACL and ACT at 9 percent to minimize the
risk of ACL overages. Therefore, as a result, the for-hire component
ACT will increase from 2,848,000 lb (1,292,000 kg) to 2,904,682 lb
(1,317,542 kg).
Because of the increased recreational private angling component ACL
in this final rule, each Gulf state will be initially allocated an
increase in their specific state private angling component ACL.
Alabama's ACL will increase from 1,122,662 lb (509,231 kg) to 1,145,026
lb (519,375 kg); Florida's ACL will increase from 1,913,451 lb (867,927
kg) to 1,951,569 lb (885,217 kg); Louisiana's ACL will increase from
816,233 lb (370,237 kg) to 832,493 lb (377,612 kg); Mississippi's ACL
will increase from 151,550 lb (68,742 kg) to 154,568 lb (70,110 kg);
and Texas's ACL will increase from 265,105 lb (120,250 kg) to 270,386
lb (122,645 kg). The above changes to individual state catch limits are
based on the Catch Limits Framework. These are not the final catch
limits that will be implemented through this final rule and they are
not included in the codified text in this rule because the calibration
ratios need to be applied as described in the following paragraph.
Each Gulf state's private angling component ACL denoted in the
prior paragraph was modified by applying the calibration ratios adopted
by the Council. The final private angling component ACLs followed by
the Federal equivalent are as follows: the Alabama private angling
component ACL will be 558,200 lb (253,195 kg) or Federal equivalent of
1,145,026 lb (519,375 kg); the Florida private angling component ACL
will be 2,069,053 lb (938,507 kg) or Federal equivalent of 1,951,569 lb
(885,217 kg); the Louisiana private angling component ACL will be
882,443 lb (400,269 kg) or Federal equivalent of 832,493 lb (337,612
kg); the Mississippi private angling component ACL will be 59,354 lb
(26,923 kg) or Federal equivalent of 154,568 lb (70,111 kg); and the
Texas private angling component ACL (equal to Federal) will be 270,386
lb (122,645 kg). Each state will use its reporting system to monitoring
landings and appropriately constrain harvest to its ACL. NMFS will
convert the state landings estimates to the Federal currency to
determine whether landings have been constrained to the private angling
ACL, total recreational ACL (quota) and OFL. This is necessary because
the private angling ACL, total recreational ACL (quota) and OFL will
remain in the Federal currency.
Minority Report
A minority report signed by three Council members raised objections
to the Council's decision to approve the Calibration Framework with an
implementation date of January 1, 2023, included in the preferred
alternative. These Council members were concerned that delaying
implementation until 2023 would allow 2 additional fishing years
[[Page 74017]]
(2021 and 2022) where the private angling component of the recreational
sector would be allowed to catch more than its allocation of red
snapper. The minority report is available at the website: <a href="https://gulfcouncil.org/wp-content/uploads/Council-Minority-Report-FINAL-Signatures.pdf">https://gulfcouncil.org/wp-content/uploads/Council-Minority-Report-FINAL-Signatures.pdf</a>.
Comments and Responses
NMFS received 39 comments on the proposed rule, including one
comment that contained signed letters as part of a petition. The
petition, which is in favor of the Calibration Framework, had 7,351
individual signatures. In general, commercial fishermen and
environmental non-government organizations supported the calibration
action. Overall, 16 comments were received in support of the
Calibration Framework (including the petitioners above) and 16 were
opposed. Two commenters supported the calibration action but did not
support the catch limit increase. Several additional comments were
received on topics that are outside the scope of the proposed rule and
framework actions. These included comments addressing state management
issues, allocation decisions and the suggestion that the Council
initiate an allocation review for red snapper, issues about the red
snapper commercial fishery, recreational bag limit changes, the
composition of the Gulf Council, and recreational discard accounting.
Comments specific to the framework actions and the proposed rule
are grouped as appropriate and summarized below, each followed by NMFS'
respective response.
Comment 1: NMFS should implement the calibration ratios as proposed
without further delay as recommended in the Council's minority report.
The lack of calibration has masked large recreational overharvests. The
private angling component of the recreational sector exceeded its quota
from 2018-2021 by a total of more than 4.1 million lb (1.9 million kg),
resulting in the overall recreational sector exceeding its quota by
more than 2 million lb (0.9 million kg) over the same time period.
Those quota overages have not been paid back as required. Calibration
to a ``common currency'' is necessary to comply with the Magnuson-
Stevens Act.
Response: NMFS agrees that red snapper calibration ratios are
needed and they will be implemented along with the catch limit
increases through this final rule. These changes will be effective
January 1, 2023. It is unlikely that the rule could be made effective
for the 2022 fishing year. Further, the Gulf States set their 2022
management measures based on the ACLs that have been in effect since
the beginning of the year. Applying the calibration ratios and
adjusting those ACLs at the end of the year does not provide the
opportunity for the states to adjust their management strategies.
NMFS has been forthcoming about the different estimates produced by
the Gulf State surveys and MRIP, and recognizes that the lack of the
calibrated state ACLs has allowed the combined catch from the Gulf
States to exceed the private angling component ACL. NMFS expects the
calibrated state ACLS implemented through this final rule to help
constrain harvest to the Federal catch limits established in Amendments
50A-F and increased through this final rule, and reduce the likelihood
of exceeding the total recreational ACL and the OFL.
With respect to the payback of prior overages, this requirement was
adopted to encourage each state to adopt management measures that
constrain harvest to the state ACL. When state reported landings have
exceeded the codified state ACLs, NMFS has implemented paybacks to
address the overages for: Texas in 2020 and 2021 (for overages of their
ACL in 2019 and 2020), Louisiana in 2020 and 2022 (overages in 2019 and
2021), and Florida in 2022 (overage in 2021). NMFS has not implemented
paybacks for Mississippi or Alabama because landings estimates provided
by these states have not exceeded their codified ACLs. The calibrated
state ACLs implemented through this final rule will allow NMFS to
directly compare each state's landings estimate to its ACL and
implement any necessary payback.
Comment 2: The MRIP data are flawed and the calibration ratios
should not be considered best scientific information available for that
reason. Additionally, NMFS is not using the best scientific information
available to set catch limits as described in the Catch Limits
Framework because the SSC provided the Council with new OFL and ABC
recommendations.
Response: NMFS has determined that both the calibration ratios and
catch limit modifications as described in the framework actions and
this final rule are based on the best scientific information available
as required by National Standard 2 of the Magnuson-Stevens Act. The
Federal surveys have been heavily tested, scrutinized, and reviewed,
and NMFS remains committed to continue improving both state and Federal
survey methods, all of which are subject to sampling and non-sampling
errors (measurement, coverage, and non-response). MRIP uses
standardized designs across states, which ensures comparability of
estimates. Conversely, due to the differing designs by the Gulf States,
it is not possible to directly compare the estimates derived from the
state surveys to each other or to the estimates produced by MRIP. The
state ACLs were derived, in part, based on private-angling landings
estimated using MRIP. Applying the state specific calibration ratio to
each state's MRIP-based ACL will allow each state's landings estimate
to be compared directly that state's ACL.
The calibration ratios were developed in partnership with experts
from the Gulf States and reviewed by a team of independent experts and
the Gulf Council's SSC. The catch limit increase is based on interim
analyses conducted by the SEFSC and the recommendation of the SSC. The
SEFSC has since conducted a new interim analysis and the SSC has made
new catch level recommendations, which the Council adopted in a
subsequent framework action. NMFS is reviewing the proposed regulations
associated with the new framework action and will publish a proposed
rule to implement those regulations if NMFS determines that they are
consistent with the FMP, the Magnuson-Stevens Act, and other applicable
law.
Comment 3: Alabama and Mississippi have better programs in place to
estimate red snapper recreational catch than MRIP, and NMFS does a poor
job of tracking red snapper recreational catch. For example, the
Mississippi ``Tails n' Scales'' recreational reporting program, when
compared to MRIP, has a greater response rate, is more accurate, has a
lower standard error, has less fluctuations of harvest estimates across
years, and is more consistent across seasons and years. Alabama and
Mississippi's catch reporting programs suggest the rest of the Gulf
States are actually overestimating red snapper recreational catch.
Response: NMFS agrees that the Alabama and Mississippi surveys tend
to generate much lower landings estimates than the Federal survey, and
that the Alabama Snapper Check and the Mississippi Tails n' Scales
programs are designed to produce more precise and timely estimates of
catch. However, because the state ACLs were derived using Federal
estimates of recreational catch, calibrations are needed to convert the
state ACLs to the same scale that each state uses to monitor landings.
Stated differently, because the Alabama and Mississippi surveys produce
lower estimates of landings than the survey used to set those state's
ACLs, anglers from Alabama and Mississippi have been allowed to land
more red snapper
[[Page 74018]]
than contemplated by the Council when developing Amendments 50A-F.
In addition, the fact that the Alabama and Mississippi surveys
result in lower estimates than MRIP does not necessarily mean that the
other states are overestimating landings. It is difficult to know which
surveys provide the best estimates of catch. Different statistical
sampling designs can produce different estimates due to variations in
sampling frames and non-sampling error such as coverage error,
nonresponse error, and measurement error. It is not unusual for
established surveys to produce very different estimates for the same
population parameter. NMFS explained the different state surveys,
including key survey design assumptions and potential for bias in the
2019 publication, ``Recommended Use of the Current Gulf of Mexico
Surveys of Marine Recreational Fishing in Stock Assessments,''
available at <a href="https://media.fisheries.noaa.gov/dam-migration/94100569.pdf">https://media.fisheries.noaa.gov/dam-migration/94100569.pdf</a>. The Transition Plan for Gulf State Recreational Fishing
Surveys includes a research track to identify and quantify non-sampling
errors in survey designs of all participating partner programs and may
lead to design improvements in those assessments to reduce non-sampling
errors and the magnitude of differences in catch estimates among the
unique data programs.
Comment 4: While calibration is necessary, MRIP should not be used
for estimating recreational landings in the Gulf because it was not
designed to generate estimates on a smaller geographic scale (e.g., the
44 miles (71 km) of Mississippi coastline) and for shorter periods of
time. Therefore, this rule is arbitrary and capricious because it
relies on flawed data to cut Mississippi's recreational red snapper
private angling allowable harvest by 60 percent.
Response: NMFS disagrees that MRIP should not be used to estimate
recreational landings in the Gulf. Until 2014, MRIP, and its
predecessor the Marine Recreational Fisheries Statistics Survey
(MRFSS), were the only surveys available to estimate private angler red
snapper landings in all of the Gulf States, except Texas. MRIP remains
the only survey available to estimate private angler landings of many
other federal managed species. For example, reporting to the
Mississippi Tails n' Scales program is only required for recreational
anglers fishing for red snapper, although anglers are also asked to
report data on gray triggerfish and greater amberjack. NMFS has
determined that the calibrations implemented through this final rule
are not arbitrary and capricious. For the reasons explained previously,
the calibrations are necessary to allow each state's landings estimates
to be directly compared to its ACL.
Comment 5: Many states do not use the Federal survey to estimate
recreational landings. States with more resources, such as California,
Oregon, and Washington, transitioned away from the Federal survey
without undergoing calibration. In the Gulf, Texas never participated
in the Federal survey program and is allowed simply to continue using
its state data to comply with Amendment 50, and Louisiana stopped
participating in MRIP in 2016. This does not seem fair to the other
Gulf States.
Response: California, Oregon, and Washington discontinued the
Federal survey in 2004 prior to the first National Academy of Sciences
review and the establishment of MRIP. At that time, Oregon and
Washington had been conducting their own surveys for a number of years
and were using MRFSS estimates to supplement those surveys. Further,
NMFS did not have policies and procedures related to certification of
new recreational catch and effort survey designs. California, Oregon,
and Washington receive Federal funding through MRIP to support the
state-conducted surveys and are currently going through MRIP
certification reviews, consistent with NMFS Procedure 04-114-02 found
at <a href="https://media.fisheries.noaa.gov/2021-06/04-114-02_06.28.2021_Howell%20signed.pdf?null">https://media.fisheries.noaa.gov/2021-06/04-114-02_06.28.2021_Howell%20signed.pdf?null</a>. A requirement of certification
is a transition plan, which will identify if there is a need for
calibration.
With respect to the Gulf States, all of the states who participate
in MRIP are being treated similarly with respect to calibrating their
state specific red snapper ACLs. Texas has never participated in the
Federal survey to estimate catch, using the Texas Coastal Creel Survey
for more than 40 years. Because the implementation of Amendments 50A-F
did not change the way in which Texas landings are monitored, no
calibration of the Texas ACL is necessary. Only Louisiana ceased to
conduct the Federal surveys since MRIP was established in 2008. But
Louisiana continues to receive funding from MRIP and to participate on
MRIP teams, and this final rule applies the appropriate calibration
ratio to Louisiana's red snapper ACL.
Comment 6: NMFS should proceed with caution and perform further
analysis before moving forward with the catch limit increases. The
proposed increase in ACLs and ACTs are coming at a time when a large
number of data sources are indicating that the stock is experiencing a
decline in abundance and localized depletion.
Response: NMFS understands there are concerns about the status of
the stock, and localized depletion in particular. However, NMFS does
not agree that it is appropriate to delay the increase in the catch
limits, which is based on new information from the GRSC and the NMFS
BLL survey, and the recommendations of the Council's SSC. A new stock
assessment for Gulf red snapper is underway and expected to be complete
in 2024. The new assessment includes a research track component that is
used to build a robust assessment tool and an operational component
that provide analyses to support management advice with up-to-date
data. NMFS expects the results of this new assessment to provide more
information about the status of the red snapper stock, including
whether there has been a decline in abundance. After the assessment is
complete, it will be reviewed by the SSC and the Council will consider
any appropriate changes to the catch limits or other management
measures.
Comment 7: The two states most disadvantaged by this final rule,
Mississippi and Alabama, have the lowest per capita income among the
Gulf States and this should have been taken into account in developing
the calibrations.
Response: NMFS does not have per capita or household income data
for anglers that target or catch red snapper, in particular, and
therefore cannot determine whether anglers in Mississippi and Alabama
affected by this final rule are more disadvantaged than those in other
Gulf States. NMFS does not believe that it would have been appropriate
to consider this type of information in developing the calibrations,
which are designed to allow a direct comparison between each state's
estimated private angling red snapper landings and that state's private
angling component ACL. To achieve that goal, the calibrations are based
on how the catch estimates by the states compared to the Federal catch
estimates, and did not differentiate between the states based on any
other factors.
Comment 8: NMFS did not use appropriate methods to calibrate MRIP
recreational data to state data. NMFS used the Fay-Herriot model to
calibrate MRIP-CHTS data to MRIP-FES, and should have used a similar
model to calibrate the state data to MRIP data. Instead, NMFS decided
to use a simple linear calibration.
[[Page 74019]]
Response: NMFS disagrees that it was inappropriate to use a linear
calibration to adjust the state ACLs to be comparable with the method
each state uses to estimate landings. The Fay-Herriot model used for
the CHTS to FES calibration was specifically developed for that purpose
and cannot be applied as designed to provide calibrations among the
various survey designs that states in the Gulf employ. Given the
limited data available and need to develop the calibrations in a timely
manner, NMFS and the Gulf states agreed that the simple ratio-based
approach should be used until it could be updated or replaced when
additional data become available.
Comment 9: The calibration for Mississippi should have included
2020 data rather than only 2018 and 2019 data. NMFS has informally
suggested that 2020 MRIP data should not be considered because
pandemic-related disruptions resulted in some missing data. However,
NMFS used imputation, a statistically valid method which replaces
missing data with substituted values, to compensate for the missing
data, which created a usable landings estimates. Moreover, the percent
standard error for 2020 data is consistent with other years, suggesting
the data should be included. Inclusion of 2020 data for Mississippi
would have been statistically more robust, and would have resulted in
an increase in Mississippi's quota.
Response: NMFS disagrees that 2020 data should be used to revise
the calibration ratio for Mississippi in this final rule. This data was
not available when the calibration ratios were developed during the
2020 workshop or when the Council approved the Calibration Framework in
April 2021. Any changes to the calibration ratios should be made
through the Council process. In June 2022, the Council directed its SSC
to review the calibration ratios using more recent state survey data
and provide recommendations prior to the January 2023 Council meeting.
NMFS is working with the Gulf states to update the calibration ratios,
as appropriate, for review by the SSC at its January 2023 meeting. The
Council can act to make any appropriate changes to the calibration
ratios after the SSC presents its recommendations.
Comment 10: The Council's SSC recognized the shortcoming of the
calibration and realized that Mississippi was being treated unfairly.
In the minutes from the Council's SSC meeting of August 11-12, 2020, it
states ``The SSC recognized that the difference in methodology by the
state and Federal surveys should be explored further, as to not
penalize a state when the difference after calibration greatly reduce
the state's quota.'' This is exactly what was done with Mississippi.
The Council's SSC minutes also state ``the SSC also agreed that scaling
a state's data to MRIP-FES is not the same as calibrating those data,
and that scaling to MRIPFES is tantamount to using the MRIP-FES data.''
Thus, the Council's SSC agreed that the Calibration Framework
improperly dismissed nearly comprehensive data from the Mississippi
Tails n' Scales program in favor of management using less appropriate
MRIP-FES data.
Response: NMFS agrees that the Council's SSC has recognized
shortcomings with the calibration ratios but does not agree that the
SSC concluded that Mississippi was being treated unfairly or that the
Calibration Framework improperly dismissed the Mississippi data. The
SSC determined the methods used to generate conversion ratios between
Gulf state surveys and MRIP data were appropriate for quota monitoring
of the red snapper state specific ACLs. Those methods were developed in
partnership with the Gulf states, including Mississippi, and with the
input of independent statistical consultants.
Comment 11: Nearly 2 years ago, Congress appropriated $2 million
for NMFS to work on the calibration issue, and the issue still has not
been adequately addressed. Calibration was delayed to 2023 to find more
effective ways to incorporate state data, but no changes were made to
the calibration ratios. NMFS is ignoring explicit instructions from
Congress to make no regulatory changes until it is determined which
data estimation system (MRIP or state) is best.
Response: NMFS is not ignoring explicit instructions from Congress.
Regardless of which surveys are determined to be ``best,'' the current
state ACLs were developed using MRIP estimates while the state surveys
monitor harvest using different methods. The Mississippi and Alabama
surveys produce significantly lower estimates of catch, and ignoring
those differences has resulted in the private angling component
exceeding its ACL and could result in overfishing of red snapper.
Therefore, NMFS is implementing the calibration ratios consistent with
the requirements of the Magnuson-Stevens Act. NMFS recognized the need
to calibrate the state ACLs to each state's reporting system in the
final rule implementing state management of red snapper. The
calibration ratios were adopted by the Gulf Council after a fully
transparent process that included thorough Council and SSC
deliberation, coordination with the Gulf States, peer review, and
extensive opportunity for public comment. Appropriations from Congress
were used to work with the Gulf States to review the state and Federal
surveys, look at possible improvements, identify how to make those
improvements, and complete a review of an updated calibration
methodology. In February 2022, NMFS, its state partners, and a team of
independent experts participated in a workshop to make the decisions
necessary to develop a multi-year transition plan to support the use of
Gulf state recreational fishing data in Federal stock assessments and
management decisions. This plan includes two parallel paths, a
transition path and a research path, with both short and long-term
priorities. In the short-term, the transition path will make immediate
progress on interim calibration of historical catch estimates using
currently available data and ratio-based calibration methods. Long-
term, as progress is made on the research path, the transition path
will convene an independent review of model-based calibration
procedures. This transition plan can be found at <a href="https://media.fisheries.noaa.gov/2022-10/Gulf%20Transition%20Plan%20Final.pdf">https://media.fisheries.noaa.gov/2022-10/Gulf%20Transition%20Plan%20Final.pdf</a>.
NMFS acknowledges that when using MRIP that the general surveys may
not meet some regional needs. To help meet those needs, regional
implementation teams were established for MRIP to focus on the
development of regional implementation plans in which data collection
needs are described. Further, a goal of the development of state-
specific surveys was to address the need for more timely and precise
catch estimates to support short-season fisheries. NMFS has supported
the testing and implementation of these surveys and continues to do so.
Part of the transition plan for the Gulf surveys is focused on research
needs to identify sources of non-sampling error so that improvements
can be made to the surveys to better position them for an independent
review of calibration methods and make recommendations on calibration.
Comment 12: This final rule is not based on accurate science and
ignores the Magnuson-Stevens Act's explicit instruction to achieve OY
because NMFS and the Council are ignoring the GRSC in developing the
proposed ACLs. Specifically, the GRSC found that there are
approximately three times more fish than was previously thought. Before
the
[[Page 74020]]
GRSC, the stock ACL was set 3 percent below the OFL. Now that NMFS
knows there are three times more fish than previously thought, the
proposed stock ACL is set 40 percent below the OFL and was based on
data from the non-targeted NMFS BLL sampling instead of the superior
GRSC.
Response: NMFS disagrees that the catch limits implemented through
this final rule are inconsistent with the requirements of the Magnuson-
Sevens Act by ignoring the results of the GRSC. The stock ACL is equal
to the ABC and the buffer between the OFL and ABC is intended to
account for scientific uncertainty. The SEFSC developed catch
projections using GRSC estimates of abundance to scale projections that
initially used abundance estimates from the most recent stock
assessment (SEDAR 52). The SEFSC also developed catch level projections
based on an interim analysis that used information from the NMFS BLL
survey, which was similar to the approach previously used for Gulf red
grouper and gray triggerfish projections. The BLL survey is
specifically designed to collect data for indices of abundance for
snappers (including red snapper), groupers, and other species. The
Council's SSC reviewed both sets of projections at its March 30 to
April 2, 2021, meeting and determined that it was appropriate to use
the GRSC-based interim analysis to specify the OFL at 25.6 million lb
(11.6 million kg). Despite the groundbreaking advances of the GRSC, the
Council's SSC identified some limitations and caveats of the study that
they concluded warranted further investigation and consideration when
determining the applicability of this information to inform catch level
recommendations. Thus, the Council's SSC did not make an ABC
recommendation based on the GRSC-informed interim analysis, but instead
used the BLL interim analysis and provided an ABC recommendation of
15.4 million lb (7.0 million kg). As explained in response to Comment
2, NMFS is currently reviewing proposed regulations submitted by the
Council that would decrease the OFL but increase the ABC. These
proposed regulations are based on new SSC recommendations after
reviewing updated GRSC information, and would set the stock ACL 14
percent below the OFL.
Comment 13: NMFS has already certified the state recreational data
collection programs, including those in Mississippi and Alabama, so why
is calibration required for those states.
Response: Through the MRIP peer review process, NMFS has certified
various state survey designs as statistically valid with some critical
assumptions. However, different certified survey designs, with
different critical assumptions, can produce consistently different
catch estimates. The calibrations are necessary to reconcile
differences between two sets of estimates and allow for a direct
comparison between each state's ACL and the landings estimates produced
by that state's survey.
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 actions, the FMP, other provisions of the
Magnuson-Stevens Act, and other applicable laws.
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. 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: November 22, 2022.
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
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. 622.23, 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
paragraph (a)(1) of this section, 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--558,200 lb (253,195 kg);
Federal equivalent--1,145,026 lb (519,375 kg).
(B) Florida regional management area--2,069,053 lb (938,507 kg);
Federal equivalent--1,951,569 lb (885,217 kg).
(C) Louisiana regional management area--882,443 lb (400,269 kg);
Federal equivalent--832,493 lb (337,612 kg).
(D) Mississippi regional management area--59,354 lb (26,923 kg);
Federal equivalent--154,568 lb (70,111 kg).
(E) Texas regional management area--270,386 lb (122,645 kg).
* * * * *
0
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--7,854,000 lb (3,562,514 kg),
round weight.
* * * * *
(2) * * *
(i) Recreational quota for red snapper--(A) Total recreational. The
total recreational quota is 7,546,000 lb (3,422,808 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
[[Page 74021]]
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. The
Federal charter vessel/headboat component quota is 3,191,958 lb
(1,447,848 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 4,354,042 lb (1,974,960 kg), round weight.
* * * * *
0
4. In Sec. 622.41, revise the last sentence in paragraphs
(q)(2)(iii)(B) and (q)(2)(iii)(C) to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(q) * * *
(2) * * *
(iii) * * *
(B) * * * The component ACT is 2,904,682 lb (1,317,542 kg), round
weight.
(C) * * * The component ACT is 3,483,234 lb (1,579,968 kg), round
weight.
[FR Doc. 2022-26019 Filed 12-1-22; 8:45 am]
BILLING CODE 3510-22-P
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