[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Proposed Rules]
[Pages 38366-38370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13695]



[[Page 38366]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 220617-0138]
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: Proposed rule; request for comments.

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SUMMARY: NMFS proposes 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). If implemented, 
this proposed rule would modify the state-specific red snapper private 
angling components annual catch limits (ACLs) to reflect each state's 
monitoring program. In addition, this proposed rule would modify 
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 proposed 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 updated scientific information, and to continue to 
achieve optimum yield (OY) for the stock.

DATES: Written comments must be received on or before July 28, 2022.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2022-0028'' by any of the following methods:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2022-0028'', in the Search 
box. Click on the ``Comment'' icon, complete the required fields, and 
enter or attach your comments.
    <bullet> 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 
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 actions, which include 
environmental assessments, regulatory impact reviews, and Regulatory 
Flexibility Act (RFA) analyses, may be obtained from the Southeast 
Regional Office website at https://www.fisheries.noaa.gov/action/red-snapper-data-calibrations-and-catch-limit-modifications.

FOR FURTHER INFORMATION CONTACT: Dan Luers, Southeast Regional Office, 
NMFS, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#94f0f5fafdf1f8baf8e1f1e6e7d4fafbf5f5baf3fbe2"><span class="__cf_email__" data-cfemail="80e4e1eee9e5ecaeecf5e5f2f3c0eeefe1e1aee7eff6">[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).
    Unless otherwise noted, all weights in this proposed rule are in 
round weight.
    This proposed rule would implement 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 would modify the state-specific red snapper private angling 
component ACLs using the calibration ratios developed by NMFS' Office 
of Science and Technology and the Gulf states. The Catch Limits 
Framework would increase 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 proposed 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. These 
sector allocations were implemented in 1990 through Amendment 1 to the 
Reef Fish FMP (55 FR 14; January 22, 1990). The stock ACL for red 
snapper was set at and remains equal to the ABC. In 2015, Amendment 40 
to the FMP (80 FR 22422; April 22, 2015) divided the recreational ACL 
(quota) 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 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). 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).

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

[[Page 38367]]

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 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 
Office of Science and Technology (OST) worked with the Gulf States to 
develop calibration ratios so that each state's catch limit could be 
converted 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-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 of Mexico fisheries. The purpose of the workshop was to agree on 
the elements of a Gulf State Recreational Catch and Effort Estimation 
Surveys Transition Plan. When executed, this plan will allow for the 
full use of state recreational fishing data in NOAA Fisheries' stock 
assessment and management processes. More information about this 
workshop can be found at https://www.fisheries.noaa.gov/event/gulf-state-recreational-catch-and-effort-surveys-transition-workshop.

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 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 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, 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, 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 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 data should not be used for this interim analysis 
because of the low sample size and high coefficient of variation for 
that

[[Page 38368]]

data, 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. At its March 2022 meeting, the SSC made new catch level 
recommendations based a SEFSC analysis that used updated GRSC 
information. These new recommendations would 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 April 2022, the Council began work on a new 
framework action to adjust the red snapper catch limits consistent with 
these recommendations.
    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 Proposed Rule

    This proposed rule would modify the state-specific red snapper 
private angling component ACLs using the calibration ratios adopted by 
the Council, and increase 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 would 
reduce the likelihood of exceeding the red snapper private angling 
component ACL, the total recreational ACL, and the OFL.

ACLs and ACTs

    If implemented, this proposed rule would increase the Gulf red 
snapper catch limits. The stock ACL would 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) would 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) would 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 would 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 would 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 would 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 would 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 proposed rule, each Gulf state would be initially allocated an 
increase in their specific state private angling component ACL. 
Alabama's ACL would increase from 1,122,662 lb (509,231 kg) to 
1,145,026 lb (519,375 kg); Florida's ACL would increase from 1,913,451 
lb (867,927 kg) to 1,951,569 lb (885,217 kg); Louisiana's ACL would 
increase from 816,233 lb (370,237 kg) to 832,493 lb (377,612 kg); 
Mississippi's ACL would increase from 151,550 lb (68,742 kg) to 154,568 
lb (70,110 kg); and Texas's ACL would increase from 265,105 lb (120,250 
kg) to 270,386 lb (122,645 kg). The above proposed changes to state 
catch limits are based on the Catch Limits Framework. These are not the 
final catch limits that would be implemented through this proposed 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 in the prior 
paragraph would be 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 would be 558,200 lb (253,195 kg) or Federal equivalent of 
1,145,026 lb (519,375 kg); The Florida private angling component ACL 
would 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 would be 
882,443 lb (400,269 kg) or Federal equivalent of 832,493 lb (337,612 
kg); the Mississippi private angling component ACL would 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) would 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 (2021 
and 2022) where the private angling component of the recreational 
sector would be allowed to catch more than its allocation of red 
snapper. NMFS invites specific comment on the proposed implementation 
date of January 1, 2023, and has otherwise determined that the proposed 
rule is consistent with the Magnuson-Stevens Act. Any final rule will 
respond to comments on the proposed rule received by NMFS during the 
comment period, as well as the issues raised in the Council's minority 
report. The minority report is available at the website: https://gulfcouncil.org/wp-content/uploads/Council-Minority-Report-FINAL-Signatures.pdf.

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 actions, the FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    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. 
The factual basis for this determination follows.

[[Page 38369]]

    A description of this proposed rule, why it is being considered, 
and the objectives of this proposed rule are contained in the preamble. 
The Magnuson-Stevens Act provides the statutory basis for this proposed 
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 proposed rule.
    This proposed rule would apply to all federally-permitted 
commercial vessels, federally-permitted charter vessels and headboats 
(for-hire vessels), and recreational anglers that fish for or harvest 
red snapper in Federal waters of the Gulf. It would also apply to red 
snapper IFQ shareholders. It would not directly apply to federally-
permitted dealers. Any change in the supply of red snapper available 
for purchase by dealers as a result of this proposed rule, and 
associated economic effects, would be an indirect effect of the 
proposed rule and would therefore fall outside the scope of the RFA. 
Similarly, although it would apply to for-hire vessels, it would not be 
expected to have any direct effects on these entities. For-hire vessels 
sell fishing services to recreational anglers. The proposed changes to 
the red snapper management measures would not directly alter the 
services sold by these vessels. Any change in demand for these fishing 
services, and associated economic effects, as a result of this proposed 
rule would be a consequence of a change in anglers' behavior, secondary 
to any direct effect on anglers and, therefore, an indirect effect of 
the proposed rule. Because the effects on for-hire vessels would be 
indirect, they fall outside the scope of the RFA. Furthermore, for-hire 
captains and crew are not allowed to retain red snapper under the 
recreational bag limits, so only recreational anglers would be directly 
affected by the proposed changes to the red snapper recreational ACLs 
and ACTs. The RFA does not consider recreational anglers to be small 
entities, so they are outside the scope of this analysis (5 U.S.C. 
603). Small entities include small businesses, small organizations, and 
small governmental jurisdictions (5 U.S.C. 601(6) and 601(3)-(5)). 
Recreational anglers are not businesses, organizations, or governmental 
jurisdictions. In summary, commercial vessels and IFQ shareholders are 
the only small entities that would be directly affected by the proposed 
rule, and therefore only the impacts on these small entities will be 
discussed.
    As of April 26, 2021, after the Council approved both framework 
actions, there were 827 limited access valid or renewable commercial 
Gulf reef fish permits. In order to harvest red snapper, a vessel 
permit must also be linked to an IFQ account and possess sufficient 
allocation for this species. IFQ accounts can be opened and valid 
permits can be linked to IFQ accounts at any time during the year. 
Eligible vessels can receive red snapper allocation from other IFQ 
participants. On average, from 2015 through 2019, there were 637 IFQ 
accounts that held red snapper allocation and 364 that held red snapper 
shares. During the same time period, there were 434 federally-permitted 
commercial vessels, on average each year, with reported landings of red 
snapper in the Gulf. Their average annual vessel-level gross revenue 
from all species for 2015 through 2019 was approximately $147,000 (2019 
dollars) and red snapper accounted for approximately half of this 
revenue. The maximum annual revenue from all species reported by a 
single one of the commercial vessels that landed Gulf red snapper from 
2015 through 2019 was approximately $2.7 million (2019 dollars).
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS 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 has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide. All of the commercial fishing 
businesses directly regulated by this proposed rule are believed to be 
small entities based on the NMFS size standard.
    No other small entities that would be directly affected by this 
proposed rule have been identified.
    This proposed rule would modify the red snapper ACLs and 
recreational ACTs based on the OFL and ABC recommendations of the 
Council's SSC and ratio calibrations adopted by the Council for the 
state-specific red snapper private angling components. Under this 
proposed rule, the commercial ACL (quota) would increase by 153,000 lb 
(69,399 kg), which, if harvested in full, would correspond to an 
estimated increase in annual ex-vessel revenue of $719,000 (2019 
dollars). Divided by the average number of commercial vessels with 
reported landings of red snapper from 2015 through 2019, this would be 
an increase of approximately $1,657 (2019 dollars) per vessel. In 
addition to the expected increase in ex-vessel revenue, the proposed 
increase in the commercial red snapper quota would be expected to 
result in an annual increase in allocation value of approximately $0.5 
million (2019 dollars). Finally, total red snapper IFQ share value 
would be expected to increase by approximately $5.6 million (2019 
dollars). These estimates rely on average ex-vessel, IFQ allocation, 
and IFQ share price estimates from 2019. Actual future prices could 
increase or decrease relative to 2019 as a result of market forces. 
NMFS expects that any negative price effects induced by this proposed 
rule, should they occur, would be outweighed by the benefits of the 
increased commercial quota.
    In summary, the information provided above supports a determination 
that this proposed rule would not have a significant economic impact on 
a substantial number of small entities. As a result, 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, Red snapper, Reef 
fish, Quota.

    Dated: June 22, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

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

0
2. 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

[[Page 38370]]

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), 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 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. 2022-13695 Filed 6-27-22; 8:45 am]
BILLING CODE 3510-22-P


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