38366 Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Proposed Rules 

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. 

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: 

• 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. 

• 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-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 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 


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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-staterecreational-catch-and-effort-surveystransition-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 forhire 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 


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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/wpcontent/uploads/Council-MinorityReport-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 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. 

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. 


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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 exvessel 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 

■ 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 paragraph 

(a)(1)(ii) to read as follows: 

§ 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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
38370 Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Proposed Rules 

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). 

* * * * * 

■ 3. In § 622.39, revise paragraphs 

(a)(1)(i) and (a)(2)(i) to read as follows: 

§ 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. 

* * * * * 

■ 4. In § 622.41, revise the last sentence 

in paragraphs (q)(2)(iii)(B) and 

(q)(2)(iii)(C) to read as follows: 

§ 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 


khammond on DSKJM1Z7X2PROD with PROPOSALS