Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 2913 

limitation shall apply only to the service 

portion of the contract; 

(2) Supplies (other than procurement from 

a nonmanufacturer of such supplies), it will 

not pay more than 50 percent of the amount 

paid by the Government for contract 

performance, excluding the cost of materials, 

to subcontractors that are not similarly 

situated entities. Any work that a similarly 

situated entity does not perform with its own 

employees or further subcontracts will count 

towards the prime contractor’s 50 percent 

subcontract amount that cannot be exceeded. 

When a contract includes both supplies and 

services, the 50 percent limitation shall apply 

only to the supply portion of the contract; 

(3) General construction, it will not pay 

more than 85 percent of the amount paid by 

the Government for contract performance, 

excluding the cost of materials, to 

subcontractors that are not similarly situated 

entities. Any work that a similarly situated 

entity does not perform with its own 

employees or further subcontracts will count 

towards the prime contractor’s 85 percent 

subcontract amount that cannot be exceeded. 

When a contract includes general 

construction and supplies and/or services, 

the 85 percent limitation shall apply only to 

the general-construction portion of the 

contract; or 

(4) Construction by special trade 

contractors, it will not pay more than 75 

percent of the amount paid by the 

Government for contract performance, 

excluding the cost of materials, to 

subcontractors that are not similarly situated 

entities. Any work that a similarly situated 

entity does not perform with its own 

employees or further subcontracts will count 

towards the prime contractor’s 75 percent 

subcontract amount that cannot be exceeded. 

When a contract includes construction by 

special trade contractors and supplies and/or 

services, the 75 percent limitation shall apply 

only to the construction-by-special-tradecontractors portion of the contract. 

* * * * * 

■ 7. Amend section 52.219–33 by— 

■ a. Revising the date of clause; and 

■ b. Revising paragraph (c). 

The revisions read as follows: 

52.219–33 Nonmanufacturer Rule. 

* * * * * 

Nonmanufacturer Rule (Date) 

* * * * * 

(c) Requirements. The Contractor shall— 

(1) Provide an end item that a small 

business has manufactured, processed, or 

produced in the United States or its outlying 

areas; 

(2) Be primarily engaged in the retail or 

wholesale trade and normally sell the type of 

item being supplied; and 

(3) Take ownership or possession of the 

item(s) with its personnel, equipment, or 

facilities in a manner consistent with 

industry practice; for example, providing 

storage, transportation, or delivery. 

* * * * * 

[FR Doc. 2024–00728 Filed 1–16–24; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 240110–0003] 

RIN 0648–BM56 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Red 

Snapper Data Calibrations and Gray 

Snapper Harvest Levels 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to implement 

management measures described in a 

framework action under the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP), 

as prepared by the Gulf of Mexico (Gulf) 

Fishery Management Council (Council). 

If implemented, this proposed rule 

would modify the ratios used to set the 

state-specific red snapper private 

angling component annual catch limits 

(ACLs) for Alabama, Florida, and 

Mississippi and would modify each of 

these state’s private angling component 

ACLs based on the new ratios. In 

addition, this proposed rule would 

modify the stock ACL for gray snapper 

in the Gulf exclusive economic zone 

(EEZ). The purposes of this proposed 

rule are to update state specific private 

angling component calibration ratios 

and ACLs to provide a more accurate 

estimate of state landings for red 

snapper management and to revise gray 

snapper catch limits with updated 

scientific information to continue to 

achieve optimum yield (OY) for the 

stock. 

DATES: Written comments must be 

received on or before February 16, 2024. 

ADDRESSES: You may submit comments 

on the proposed rule, identified by 

‘‘NOAA–NMFS–2023–0120’’ by any of 

the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

‘‘NOAA–NMFS–2023–0120’’, in the 

Search box. Click on the ‘‘Comment’’ 

icon, complete the required fields, and 

enter or attach your comments. 

• Mail: Submit written comments to 

Dan Luers, Southeast Regional Office, 

NMFS, 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 framework 

action, which include an environmental 

assessment, regulatory impact review, 

and a Regulatory Flexibility Act (RFA) 

analysis, may be obtained from the 

Southeast Regional Office website at 

https://www.fisheries.noaa.gov/action/ 

red-snapper-data-calibrations-andcatch-limit-modifications. 

FOR FURTHER INFORMATION CONTACT: Dan 

Luers, Southeast Regional Office, 

NMFS, telephone: 727–824–5305, email: 

daniel.luers@noaa.gov. 

SUPPLEMENTARY INFORMATION: The Gulf 

reef fish fishery, which includes both 

red snapper and gray 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-Stevens Act). 

Background 

The Magnuson-Stevens Act requires 

NMFS and regional fishery management 

councils to prevent overfishing and to 

achieve, on a continuing basis, the OY 

from federally managed fish stocks to 

ensure that fishery resources are 

managed for the greatest overall benefit 

to the nation, particularly with respect 

to providing food production and 

recreational opportunities and 

protecting marine ecosystems. 

Unless otherwise noted, all weights in 

this proposed rule are in round weight. 

Red Snapper 

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 

recreational ACL (quota) is further 

allocated between the Federal charter 

vessel/headboat (for-hire) component 

(42.3 percent), and the private angling 

component (57.7 percent). 


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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). Through these amendments, 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). 

In 2023, NMFS implemented a 

framework action under the FMP to 

calibrate the red snapper ACLs for 

Alabama, Florida, Louisiana, and 

Mississippi so they could be directly 

compared to the landings estimates 

produced by each of those state’s data 

collection program (Calibration 

Framework)(87 FR 74014, December 2, 

2022). As explained in the Calibration 

Framework final rule, each of these 

states have relatively new programs for 

monitoring red snapper landed by the 

private-angling component (2014 for 

Alabama and Louisiana; 2015 for 

Florida and Mississippi), and these 

programs do not produce results that are 

comparable to each other or to Federal 

estimates generated by the Marine 

Recreational Information Program 

(MRIP). Prior to the development of 

these state programs, NMFS provided 

the only estimates of private angler red 

snapper landings, except for those in 

Texas (Texas anglers have never 

participated in the NMFS recreational 

data collection survey). The state 

specific red snapper ACLs were 

established using the results of a stock 

assessment that included recreational 

landings estimates produced by MRIP. 

The Calibration Framework final rule 

applied state-specific ratios to these 

MRIP-based ACLs (Federal equivalent 

ACLs) to adjust each state’s privateangling ACL to account for the 

monitoring programs used by each Gulf 

state and allow a direct comparison 

between the ACL and state landings 

estimate. The ratios implemented by the 

Calibration Framework final rule were: 

Alabama (0.4875), Florida (1.0602), 

Louisiana (1.06), Mississippi (0.3840), 

and Texas (1.00). The ratios for 

Alabama, Florida, Louisiana, and 

Mississippi were developed using 

available state landings data. More 

information on the data used to 

calculate the current ratios can be found 

in the Calibration Framework. 

In June 2022, the Council asked its 

Scientific and Statistical Committee 

(SSC) to review more recent state data 

and provide recommendations on any 

appropriate changes to the calibration 

ratios. Alabama, Florida, and 

Mississippi submitted updated data for 

review and in January 2023, the SSC 

concluded that was appropriate to 

modify the ratios for Alabama, Florida, 

and Mississippi to 0.548, 1.34, and 

0.503, respectively. 

This proposed rule would modify the 

calibration ratios for Alabama, Florida, 

and Mississippi as recommended by the 

SSC and apply these ratios to the MRIPbased ACLs to update the state-surveybased ACLs. The framework action and 

this proposed rule would not change the 

MRIP-based (Federal equivalent) state 

ACLs or the total private-angling ACL. 

However, because the understanding of 

the relationship between the states’ 

landings estimates and the Federal 

landings estimates have changed, NMFS 

expects each of the three states to 

increase the number of days that private 

anglers are permitted to harvest red 

snapper. 

Gray Snapper 

Gray snapper in the Gulf EEZ is 

managed as a single stock with a stock 

ACL and a stock annual catch target 

(ACT), although the ACT is not codified 

in the regulations or used for 

management. There is no allocation of 

the stock ACL between the commercial 

and recreational sectors. Gray snapper 

occur in estuaries and shelf waters of 

the Gulf and are particularly abundant 

off south and southwest Florida. The 

fishing season is open year-round, 

January 1 through December 31. 

Accountability measures (AMs) for gray 

snapper specify that if the combined 

commercial and recreational landings 

exceed the stock ACL in a fishing year, 

then during the following fishing year if 

the stock ACL is reached or is projected 

to be reached, the commercial and 

recreational sectors will be closed for 

the remainder of the fishing year. 

However, since the implementation of 

catch limits in 2012, total landings have 

not exceeded the ACL. 

Prior to 2018, the status of the gray 

snapper stock had not been evaluated in 

a stock assessment. In 2018, a gray 

snapper Southeast Data, Assessment, 

and Review (SEDAR) benchmark stock 

assessment was completed (SEDAR 51) 

and indicated that the stock was 

undergoing overfishing. SEDAR 51 

included recreational landings estimates 

calibrated to the MRIP coastal 

household telephone survey (CHTS). In 

response to this assessment, the Council 

developed and NMFS implemented 

Amendment 51 to the FMP, which 

established biological reference points, 

overfished status determination criteria, 

the current catch limits for the gray 

snapper stock. (85 FR 73238, November 

17, 2020). These catch limits are an OFL 

of 2.57 million lb (1.17 million kg), ABC 

of 2.51 million lb (1.14 million kg), and 

stock ACL of 2.23 million lb (1.02 

million kg). 

In December 2022, the Southeast 

Fisheries Science Center finalized a new 

stock assessment report for gray snapper 

(SEDAR 75). SEDAR 75 resolved several 

concerns from SEDAR 51, and 

incorporated updated recreational 

landings data calibrated to the MRIPFishing Effort Survey (FES). MRIP–FES 

replaced MRIP–CHTS in 2018, and total 

recreational fishing effort estimates 

generated from MRIP–FES are generally 

higher than MRIP–CHTS estimates. 

The Council’s SSC reviewed the 

results of SEDAR 75 during its January 

2023 meeting and determined that the 

assessment was consistent with the best 

scientific information available. Based 

on the results of SEDAR 75, the 

Council’s SSC concluded the stock is 

not overfished or undergoing 

overfishing as of 2020 and also 

determined that the stock was not likely 

to be experiencing overfishing in 2015, 

as was concluded in SEDAR 51. 

The SSC provided both a declining 

yield stream and constant catch 

recommendation for the gray snapper 

OFL and ABC. The Council is 

recommending a constant catch OFL 

and ABC of 7.547 million lb (3.423 

million kg) and 6.226 million lb (2.824 

million kg), respectively. The Council is 

also recommending an eight percent 

buffer between the ABC and stock ACL, 

which is based on the Council’s ACL/ 

ACT control rule. This would result in 

an ACL of 5.728 million lb (2.598 

million kg). Because of the different 

recreational landings estimates used to 

determine the current and proposed 

catch limits (MRIP–CHTS versus MRIP– 

FES), these catch limits are not directly 

comparable. However, the proposed 

catch limits do represent an increase 

from the current catch limits. 

Management Measures Contained in 

This Proposed Rule 

Red Snapper 

This proposed rule would modify the 

calibration ratios used by Alabama, 

Florida, and Mississippi to convert 

MRIP-based red snapper private angling 

component ACLs to state-survey-based 

red snapper private angling component 

ACLs and apply those ratios to update 

each state’s ACL. 

As described above, the current state 

private recreational date calibration 

ratios for Alabama, Florida, and 

Mississippi are 0.4875, 1.0602, and 


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0.3840, respectively. The framework 

action and proposed rule would revise 

the state private recreational calibration 

ratios for Alabama, Florida, and 

Mississippi to be 0.548, 1.34, and 0.503, 

respectively. NMFS notes that the 

calibration ratios are not codified in the 

regulations. Applying the new ratios to 

the MRIP-based, Federal equivalent 

ACLs (which remain the same) would 

result in revised state-survey-based 

private angling component ACLs as 

follows: the Alabama private angling 

component ACL would be 664,552 lb 

(301,436 kg) with a Federal equivalent 

of 1,212,687 lb (550,066 kg); the Florida 

private angling component ACL would 

be 2,769,631 lb (1,256,283 kg) with a 

Federal equivalent of 2,066,889 lb 

(937,525 kg); and the Mississippi private 

angling component ACL would be 

82,342 lb (37,350 kg) with a Federal 

equivalent of 163,702 lb (74,254 kg). 

Gray Snapper 

As a result of SEDAR 75 and using 

data through 2020, this proposed rule 

would revise the gray snapper stock 

ACL from 2.23 million lb (1.01 million 

kg) to 5.728 million lb (2.598 million 

kg). As explained previously, the 

current and proposed ACLs are not 

directly comparable. However, total 

harvest has never exceeded the current 

ACL, and the proposed ACL represents 

an increase in the allowable harvest. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with the framework action, the FMP, 

other provisions of the MagnusonStevens Act, and other applicable law, 

subject to further consideration after 

public comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

Pursuant to section 605(b) of the RFA, 

the Chief Counsel for Regulation of the 

Department of Commerce has certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. A 

description of the factual basis for this 

determination follows. 

A description of this proposed rule, 

why it is being considered, and the 

purposes of this proposed rule are 

contained in the SUMMARY and 

SUPPLEMENTARY INFORMATION sections of 

this proposed rule. The MagnusonStevens Act provides the statutory basis 

for this proposed rule. No duplicative, 

overlapping, or conflicting Federal rules 

have been identified. 

The objective of this proposed rule is 

to improve the management of red 

snapper and gray snapper based on the 

best scientific information available. All 

monetary estimates in the following 

analysis are in 2021 dollars. 

This proposed rule has two actions. 

The first action concerns recreational 

fishing for red snapper in Federal waters 

of the Gulf and would apply to or 

regulate the states of Alabama, Florida 

and Mississippi. Specifically, this 

proposed action would update state 

private recreational data calibrations of 

red snapper for Alabama, Florida and 

Mississippi. As such, this action would 

authorize those three states to allow for 

increased recreational landings of red 

snapper by anglers fishing from private 

vessels and for-hire fishing vessels that 

do not have a valid Federal for-hire reef 

fish permit any time during the fishing 

year. States are not small governmental 

jurisdictions or other entities as defined 

by the RFA and thus are not germane to 

this analysis. Therefore, it is concluded 

that this action would not regulate or 

have direct economic impacts on any 

small entities. 

The second action would revise the 

catch limits for Gulf gray snapper. 

Specifically, the OFL, ABC, and stock 

ACL would be changed from 2.57 

million lb (1.17 million kg), 2.51 million 

lb (1.14 million kg), and 2.23 million lb 

(1.02 million kg) respectively, using an 

11 percent buffer between the ABC and 

stock ACL, to 7.547 million lb (3.423 

million kg), 6.226 million lb (2.824 

million kg), and 5.728 million lb (2.598 

million kg) respectively, using an 8 

percent buffer between the ABC and 

stock ACL. The current catch limits 

were derived, in part, using recreational 

landings estimates calibrated to MRIP– 

CHTS while the proposed catch limits 

were derived, in part, using recreational 

landings estimates calibrated to MRIP– 

FES. This action would apply to 

commercial fishing businesses, for-hire 

fishing businesses, and recreational 

anglers. Although the proposed changes 

would apply to recreational anglers, the 

RFA does not consider recreational 

anglers to be small entities. Small 

entities include small businesses, small 

organizations, and small governmental 

jurisdictions. Recreational anglers are 

not businesses, organizations, or 

governmental jurisdictions and so they 

are outside the scope of this analysis. 

Any commercial fishing business that 

operates a fishing vessel that harvests 

gray snapper in the Gulf EEZ must have 

a valid commercial Gulf reef fish permit 

for to that vessel. From 2017 through 

2021, an annual average of 359 vessels 

with a valid commercial permit reported 

landings of gray snapper. 

For RFA purposes, NMFS has 

established a small business size 

standard for businesses, including their 

affiliates, whose primary industry is 

commercial fishing (50 CFR 200.2). A 

business primarily involved in the 

commercial fishing industry (North 

American Industrial Classification Code 

11411) is classified as a small business 

if it is independently owned and 

operated, is not dominant in its field of 

operation (including its affiliates) and 

its combined annual receipts are no 

more than $11 million for all of its 

affiliated operations worldwide. The 

average commercial vessel that landed 

gray snapper from 2017 through 2021 

had annual revenue from all landings of 

about $133,300 and less than one 

percent of that revenue came from 

reported gray snapper landings. 

Maximum annual revenue for any of the 

commercial vessels that harvested gray 

snapper was less than $3.1 million. 

Assuming each of the 359 vessels 

represents a unique commercial fishing 

business, then the action to revise the 

catch limits for gray snapper would 

regulate 359 small commercial fishing 

businesses. 

Charter fishing is contained with the 

broader industry of scenic and 

sightseeing transportation, water 

(NAICS code 487210) and the small 

business size standard for this industry 

is $14.0 million. From 2017 through 

2021, an annual average of 27,358 angler 

trips that targeted gray snapper were 

taken by charter fishing boats. It is 

unknown how many vessels made these 

trips. However, available data shows 

Gulf gray snapper is almost entirely 

targeted in waters off the west coast of 

Florida. In 2020, there were 1,289 

vessels with valid charter-headboat Gulf 

reef fish vessel permits. Of these 1,289 

vessels, 803 were homeported in 

Florida. Of these 803 vessels, 62 are 

primarily used for commercial fishing 

rather than for-hire fishing purposes and 

thus are not considered for-hire fishing 

businesses (i.e., 1,227 permitted vessels 

are for-hire fishing businesses). In 

addition, 46 of the permitted vessels 

homeported in Florida are considered 

headboats, which are also considered 

for-hire fishing businesses. However, 

headboats take a relatively large, diverse 

set of anglers to harvest a diverse range 

of species on a trip and do not typically 

target a particular species. Therefore, no 

headboats would be directly affected by 

the proposed action, which regulates 

gray snapper alone among the many 

species caught on headboat trips. 

However, charter vessels often target 

gray snapper. From 2017 through 2021, 


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an annual average of 27,358 charter trips 

targeted gray snapper. Thus, of the 803 

vessels with valid charter-headboat Gulf 

reef fish vessel permits that are 

homeported in Florida, 62 are primarily 

commercial and 46 are headboats, while 

the remaining 695 vessels are charter 

vessels. 

A recent study reported that 76 

percent of charter vessels with valid 

charter-headboat permits in the Gulf 

were active in 2017 (i.e., 24 percent 

were not fishing). A charter vessel 

would only be regulated or directly 

affected by this proposed action if it is 

fishing. Given this information, NMFS 

estimates that 528 charter vessels (76 

percent of the 695 total) are likely to 

target Gulf gray snapper in a given year. 

NMFS assumes that each charter fishing 

vessel that makes trips targeting gray 

snapper represents a unique small 

business. Thus, NMFS estimates that the 

proposed action to revise the gray 

snapper catch limits would regulate 528 

for-hire fishing businesses. 

The same study estimated that 

maximum annual gross revenue for a 

single headboat in the Gulf was about 

$1.45 million in 2017. The study also 

found that 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 action are determined to be 

small businesses for the purpose of this 

analysis. 

As described above, the action to 

update red snapper private recreational 

catch limits for Mississippi, Alabama, 

and Florida based on calibration 

adjustments would not directly affect 

any small entities. The action to revise 

the Gulf gray snapper catch limits is 

expected to directly affect 359 small 

commercial fishing businesses. Those 

359 businesses represent 69.4 percent of 

active commercial fishing businesses 

with Federal permits that harvest reef 

fish. Those 359 small businesses also 

represent about 42 percent of all 

commercial fishing businesses with a 

valid Federal permit to harvest reef fish. 

This action is also expected to directly 

affect 528 of the 1,227 for-hire fishing 

businesses with valid charter/headboat 

permits in the Gulf reef fish fishery, or 

approximately 43 percent of those forhire fishing businesses. All regulated 

commercial and for-hire fishing 

businesses have been determined, for 

the purpose of this analysis, to be small 

entities. Based on this information, the 

proposed action to revise the Gulf gray 

snapper catch limits is expected to 

directly affect a substantial number of 

small businesses. 

With respect to the action to revise 

the catch limits for gray snapper, in 

order to determine the impacts on 

commercial and charter fishing 

businesses, NMFS estimated how the 

proposed stock ACL would most likely 

be distributed between the commercial 

and recreational sectors based on the 

distribution of landings between the 

sectors from 2017–2021. Commercial 

gray snapper landings averaged 111,563 

lb (50,604 kg) between 2017 and 2021 

and accounted for 2.4 percent of the 

total gray snapper landings. That 

percentage of the proposed stock ACL is 

estimated to be 137,472 lb (62,356 kg). 

The average ex-vessel price of gray 

snapper was $3.64 per lb during this 

time. Therefore, the change in the stock 

ACL may result in annual increases of 

commercial gray snapper landings, 

revenues, and economic profit of 25,909 

lb (11,752 kg), $94,309, and $30,179, 

respectively. Economic profit is 

estimated to be approximately 32 

percent of revenues. Given that annual 

average revenue is about $133,300 per 

commercial fishing business, economic 

profit per commercial fishing business 

is estimated to be about $42,700. Thus, 

economic profit per commercial fishing 

business could increase by around $84, 

or by about 0.2 percent. These estimates 

assume that the totality of the stock ACL 

increase estimated to accrue to the 

commercial sector is harvested. 

However, only about 77 percent of the 

stock ACL was harvested on average per 

year from 2017–2021. Should the 

commercial sector harvest less than its 

estimated allotted portion, the increase 

in commercial landings, revenues, and 

economic profit would be less. 

The proposed change to the stock 

ACL for Gulf gray snapper may also 

increase economic profits to charter 

fishing businesses if they increase the 

number of trips targeting gray snapper. 

Based on the most recent information 

available, average annual economic 

profit is approximately $27,000 per 

charter vessel. Between 2017 and 2021, 

charter trips targeting gray snapper 

averaged 27,358 trips per year. The 

potential change in the number of 

charter trips targeting gray snapper was 

computed by applying the estimated 

percentage increase in recreational 

landings to the average annual number 

of gray snapper charter trips. This 

approach yielded a potential increase of 

5,034 charter trips targeting gray 

snapper per year. Economic profit per 

angler trip is estimated at $176. 

Therefore, economic profit for charter 

fishing businesses could increase by as 

much as $886,000 per year, which 

would represent an increase of almost 

$1,700, or about 6.3 percent, per charter 

fishing business. These estimates 

assume that the totality of the stock ACL 

increase estimated to accrue to the 

recreational sector is harvested. 

However, as previously noted, only 

about 77 percent of the stock ACL was 

harvested on average per year from 

2017–2021. Should the recreational 

sector harvest less than its estimated 

allotted portion, the increase in target 

trips by charter vessels and their 

economic profit would be less. 

Based on the information above, 

although a substantial number of small 

entities would be directly affected by 

this proposed rule, it would have a 

slight positive economic impact and 

thus would not have a significant 

economic impact on those entities. 

Because this proposed rule, if 

implemented, would not have a 

significant economic impact on a 

substantial number of small entities, an 

initial regulatory flexibility analysis is 

not required and none has been 

prepared. 

This proposed rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

List of Subjects in 50 CFR Part 622 

Annual catch limits, Fisheries, 

Fishing, Gulf, Recreational, Red 

snapper, Reef fish. 

Dated: January 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 

■ 1. The authority citation for part 622 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. In § 622.23, revise paragraphs 

(a)(1)(ii)(A), (B), and (D) to read as 

follows: 

§ 622.23 State management of the red 

snapper recreational sector private angling 

component in the Gulf EEZ. 

(a) * * * 

(1) * * * 

(ii) * * * 

(A) Alabama regional management 

area—664,552 lb (301,436 kg); Federal 

equivalent—1,212,687 lb (550,066 kg). 

(B) Florida regional management 

area—2,769,631 lb (1,256,283 kg); 


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Federal equivalent—2,066,889 lb 

(937,525 kg). 

* * * * * 

(D) Mississippi regional management 

area—82,342 lb (37,350 kg); Federal 

equivalent—163,702 lb (74,254 kg). 

* * * * * 

■ 3. In § 622.41, revise paragraph (l) to 

read as follows: 

§ 622.41 Annual catch limits (ACLs), 

annual catch targets (ACTs), and 

accountability measures (AMs). 

* * * * * 

(l) Gray snapper. If the sum of the 

commercial and recreational landings, 

as estimated by the SRD, exceeds the 

stock ACL, then during the following 

fishing year, if the sum of commercial 

and recreational landings reaches or is 

projected to reach the stock ACL, the 

AA will file a notification with the 

Office of the Federal Register to close 

the commercial and recreational sectors 

for the remainder of that fishing year. 

The stock ACL for gray snapper is 5.728 

million lb (2.598 million kg), round 

weight. 

* * * * * 

[FR Doc. 2024–00762 Filed 1–16–24; 8:45 am] 

BILLING CODE 3510–22–P 


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