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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations species in the Reef Fish FMP and CMP
FMP, except for speckled hind, warsaw grouper, and Gulf migratory group cobia 50 CFR 622.38c and 50 CFR
622.382a2. Speckled hind and warsaw grouper have daily recreational bag limits of one fish per vessel per day;
therefore, the possession limit is two vessel limits, or two fish per vessel on a trip that exceeds 24 hours 50 CFR
622.38c. Gulf migratory group cobia is a limited harvest species under 50 CFR
622.383b, which specifies that no person may possess more than two cobia per person per day regardless of the duration of a trip, and this final rule does not revise that provision. A trip begins with departure from a dock, berth, beach, seawall, or ramp and terminates with return to a dock, berth, beach, seawall, or ramp 50 CFR 622.2.
Currently, for the reef fish or CMP
possession limit to apply, the for-hire vessel must have two licensed captains on board, and every passenger must have a receipt for the fishing trip which verifies the length of the trip 50 CFR
622.38c and 50 CFR 622.382a2. In addition, the possession limit does not apply until after the first 24 hours of the trip 50 CFR 622.11. Therefore, during the first 24 hours of a trip, each person or vessel in the case of speckled hind and warsaw grouper may only possess one daily recreational bag limit. The allowance for the possession of two daily bag or vessel limits for reef fish and CMP species does not begin until the second 24-hour period on a multiday trip begins.
The Gulf Council heard public testimony at its June 2019 meeting that some for-hire vessel captains may have misinterpreted the current regulations as allowing the possession of two daily recreational bag limits at any time during a trip that lasts more than 24
hours. Additional testimony showed that allowing recreational for-hire fishers the ability to retain the possession limit at any time during a multi-day trip could increase the efficiency of the trip and reduce regulatory discards. For example, some vessel operators would prefer to target one species at a time in locations in which that species is abundant, fishing until the possession limit for the planned multi-day trip has been retained. After fishers harvest the possession limit, the vessels operator would attempt to avoid that species for the remainder of the multi-day trip.
However, because the current possession limit does not apply until after the first 24 hours of the trip, vessel operators cannot plan a trip in this manner, but must resume fishing for the target species after the first 24-hours if
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they want to allow fishers to obtain the second daily bag limit.
Management Measure Contained in This Final Rule This final rule modifies the requirements to retain the possession limit on-board vessels that have been issued valid Gulf reef fish or CMP forhire permits. This final rule increases the trip duration threshold to greater than 30 hours, but allows fishers to retain a second daily bag limit at any time during a trip of at least that duration. The Council determined that since fishers would be allowed to possess the second daily bag limit at any time during the trip, the trip duration should clearly exceed 24 hours. All other requirements to retain the recreational possession limit are unchanged through this final rule. The for-hire vessel must have two licensed operators aboard, and each passenger must have in their possession a receipt issued to them on behalf of the vessel that verifies the length of the trip. This final rule requires that the receipt specify the date and time of departure, and clarifies that the entire trip must occur on days when the harvest and possession of the applicable reef fish species are allowed.
Measure Contained in This Final Rule not in the Framework Action In addition to the measure described in the framework action, this final rule revises language related to reporting under the Gulf Councils individual fishing quota IFQ programs during catastrophic conditions. The Gulf currently has two IFQ programs, one for commercial harvest of red snapper and one for commercial harvest of groupers and tilefishes. These programs require participants to record information electronically. However, both programs include a provision that allows for the use of some paper-based forms if catastrophic conditions occur 50 CFR
622.21a3iii and 622.22a3iii.
This provision states that if the Regional Administrator RA determines that catastrophic conditions exist, NMFS
will provide each IFQ dealer in the affected areas the necessary paper forms, sequentially coded, and instructions for submission of the forms to the RA.
NMFS initially required the use of sequentially numbered paper forms as a method intended to prevent fraud.
Although NMFS has provided dealers with these forms, to date, these forms have not been used after the RA has determined catastrophic conditions exist, and NMFS has determined that maintaining them in this manner is not
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practical or cost effective. Therefore, NMFS is removing the references to sequentially coded paper forms in both 50 CFR 622.21a3iii and 622.22a3iii. If an IFQ dealer requests paper forms for use during catastrophic conditions, NMFS will provide unnumbered forms.
Comments and Responses NMFS received 14 comments on the proposed rule. The majority of comments eight were in favor of the framework action and the proposed rule. Some comments in support of the proposed rule stated that the changes to the possession limit requirements will help resolve any confusion about when during the trip the possession limit may be retained, will allow for better operating efficiency for for-hire vessels, and will not negatively impact fish populations. NMFS agrees with these comments. Additionally, NMFS
received one comment regarding the change to IFQ reporting requirements during catastrophic conditions that was in favor of that change.
Comments that were outside the scope of the framework action and the proposed rule and are not addressed in this final rule. Comments in opposition to the proposed rule are summarized below, followed by NMFS respective responses.
Comment 1: Allowing fishers on forhire vessels to retain the possession limit before the first 24 hours of the trip are complete will make it easier for vessel operators to circumvent the regulations, and more difficult to enforce the regulations. This change will also place an extra burden on law enforcement officers by requiring them to determine the actual versus the reported details of a for-hire trip.
Response: NMFS disagrees that the changes to the possession limit requirements implemented in this final rule will make the regulations more difficult to enforce or place extra burdens on law enforcement officers.
Like the current regulations, the revised regulations will allow passengers on forhire vessels to retain two daily bag limits on trips greater than a specified duration. The revised regulations will increase the duration of trip from greater than 24 hours to greater than 30 hours, and allow retention of the second daily bag limit at any time during that trip instead of requiring that passengers wait until the first 24 hours of the trip has passed. All of the other current requirements, which are in place to help enforce the provision, remain the same.
These include that two licensed operators must be aboard, and that each passenger must have in their possession
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