Billing Code 3510-22-P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 240610-0154]
RIN 0648-BM98
Fisheries of the Caribbean, Gulf of Mexico, and South
Atlantic; Reef Fish Fishery of the Gulf of Mexico; Lane
Snapper Catch Limits
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 an abbreviated 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
Fishery Management Council (Council). This proposed rule
would modify the Gulf of Mexico (Gulf) lane snapper catch
limits. The purpose of this proposed rule is to modify the
Gulf lane snapper catch limits based on the best scientific
information available. This proposed rule would also revise
reporting and compliance requirements for Gulf reef fish
commercial permit holders using vessel monitoring systems
(VMS).
DATES: Written comments must be received by [insert date 30
days after date of publication in the FEDERAL REGISTER].

ADDRESSES: A plain language summary of this proposed rule
is available at https://www.regulations.gov/docket/NOAANMFS-2024-0049.You may submit comments on this document,
identified by [NOAA-NMFS-2024-0049] by either of the
following methods:
•

Electronic Submission: Submit all electronic

public comments via the Federal e-Rulemaking Portal. Visit
https://www.regulations.gov and type NOAA-NMFS-2024-0049,
in the Search box. Click on the “Comment” icon, complete
the required fields, and enter or attach your comments.
•

Mail: Submit all written comments to Dan Luers,

NMFS Southeast Regional Office, 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 abbreviated framework action,

which includes a Regulatory Flexibility Act (RFA) analysis
and a regulatory impact review, may be obtained from the
Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/gulf-mexico-lanesnapper-catch-limits-abbreviated-framework.
FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast
Regional Office, telephone: 727-824-5305, email:
daniel.luers@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the
Gulf reef fish fishery, which includes lane snapper, under
the FMP. The FMP was prepared by the Council, approved by
the Secretary of Commerce, 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
achieve, on a continuing basis, the optimum yield (OY) from
federally managed fish stocks. These mandates are intended
to ensure 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.

Lane snapper occur in estuaries and shelf waters of
the Gulf, and are particularly abundant off south and
southwest Florida. Lane snapper in the Gulf exclusive
economic zone are managed as a single stock, with a
combined annual catch limit (ACL) for the commercial and
recreational sectors that is set equal to the acceptable
biological catch (ABC). The fishing season is open yearround, January 1 through December 31. Currently, the lane
snapper overfishing limit (OFL) is 1,053,834 pounds (lb)
(478,011 kilograms (kg)) and the ABC is 1,028,973 lb
(466,734 kg). These catch limits are based on the results
of an update to the Southeast Data, Assessment, and Review
49 (SEDAR 49) that was completed in 2019, and used
recreational landings estimates generated by the Marine
Recreational Information Program (MRIP) Fishing Effort
Survey (FES) instead of the previous MRIP-Coastal Household
Telephone Survey.
This abbreviated framework action and proposed rule
would increase the lane snapper OFL, ABC, and ACL based on
the results of the SEDAR 49 interim analysis (IA) and
recommendations from the Council’s Scientific and
Statistical Committee. The SEDAR 49 IA included updated
landings and dead discards information as well as an
updated catch-per-unit-effort index for the headboat fleet.
Management Measures Contained in the Abbreviated Framework
Action and This Proposed Rule

The abbreviated framework action and proposed rule
would increase the lane snapper OFL from 1,053,834 lb
(478,011 kg) to 1,116,331 lb (506,359 kg), the ABC from
1,028,973 lb (466,734 kg) to 1,088,873 lb (493,904 kg), and
set the stock ACL equal to the ABC at 1,088,873 lb (493,904
kg). This would result in an increase in the allowable
harvest of 59,900 lb (27,170 kg).
Proposed Changes to Regulations Not Associated with the
Abbreviated Framework Action
For fishermen with a valid Federal commercial permit
to harvest Gulf reef fish, NMFS is proposing revisions to
the process for requesting a power-down exemption to the
VMS requirement. NMFS is also proposing to remove the
requirement that the vessel owner or operator certify
compliance with the proper installation and activation of a
VMS unit. NMFS expects both of these changes to reduce the
burden on individual fishermen and NMFS, and increase
enforceability.
Regulations at 50 CFR 622.28(a) require the owner or
operator of a vessel that has been issued a commercial
permit for Gulf reef fish to maintain an operational
satellite-linked VMS unit on the vessel that transmits the
location of the vessel on a regular and consistent basis.
Regulations at 50 CFR 622.28(d) allow an owner or operator
to power down the VMS unit if the vessel will be
continuously out of the water or in port more than 72

consecutive hours. The regulations at 50 CFR 622.28(d) also
specify the process for requesting this power-down
exemption, which includes obtaining a letter of exemption
from the NMFS Office of Law Enforcement (OLE), filing a
report through the VMS terminal prior to each power down,
and entering the power-down code in the VMS terminal prior
to each prior down.
When VMS was first required, the process to request a
power-down exemption was not included in the regulations;
instead, the regulations referred to the NOAA Enforcement
Draft VMS Requirements that were included in Appendix E to
Amendment 18A to the FMP (71 FR 45248, August 9, 2006).
When NMFS revised the VMS regulations in 2007, NMFS added
to the regulations the process for requesting a power-down
exemption (72 FR 73270, December 27, 2007). Technology now
allows for use of an online form and immediate
authorization by NMFS.
Therefore, NMFS is proposing to modify the process for
submitting the power-down exemption, including how and what
information is collected. The owner or operator of the
permitted vessel would use an online form to request the
VMS power-down exemption. The information requested on the
online form would be similar to the current form. The only
change to the data collected would be a field for an email
address for the person making the request and their selfidentification as the vessel owner or operator. NMFS

expects the online form to allow for faster communication
and approval for the requester, and to streamline the
administrative process by eliminating the need for manual
data entry. NMFS would use the self-identification to
confirm that the submitter is authorized to submit the
request as the vessel owner or operator.
If all of the required information is provided, the
authorization for the power-down exemption would be
provided automatically as a visible display soon after the
time of submission, and would also be sent to the email
address provided by the requester and, if different from
the requester, to the permit holder’s email address if NMFS
was provided that information as part of the permit
holder’s previous permit application. Vessel owners and
operators would no longer send an email from the VMS unit
on the vessel to NMFS OLE, or enter the power-down code
using the VMS declaration form on the VMS terminal.
A power-down exemption would be valid until the
expiration date requested, which NMFS would limit to not
more than 1 year from the authorization date. A new request
for a power-down exemption would be required after the
completion of the previous authorization for any subsequent
time period. There would be no limit on the number of
exemptions that can be requested.
If a vessel owner or operator wants to end a powerdown exemption before the expiration date, the

authorization would end automatically when the vessel owner
or operator submits a commercial trip declaration.
Alternatively, the vessel owner or operator may contact
NMFS OLE to end the power-down exemption.
In addition to the changes to the power-down exemption
regulations, NMFS proposes to remove the current
requirements at 50 CFR 622.28(f)(1) through (3) for a
vessel owner or operator to submit a form certifying that a
qualified marine electrician has installed and activated a
NMFS-approved VMS unit on the vessel. The intent of the
form, “Vessel Monitoring System (VMS) Installation and
Activation Certification for the Reef Fish Fishery of the
Gulf of Mexico,” was to provide NMFS with additional
assurance that a vessel owner or operator is compliant with
the requirements to install and activate an approved VMS
unit. However, NMFS has determined that the compliance form
is overly burdensome and has little utility. To accomplish
the same purpose as the form, NMFS intends to add a checkbox certification to the permit application that is
required when a commercial reef fish permit is renewed or
transferred. In addition, NMFS can detect whether a unit is
operational. The existing requirement for a qualified
marine technician to install the VMS unit would remain in §
622.28(f).
Classification
NMFS is issuing this rule pursuant to sections

304(b)(1)(A) and 305(d) of the Magnuson-Stevens Act, which
provide the specific authority and procedure for
implementing this action. Section 304(b)(1)(A) authorizes
NMFS to issue proposed regulations prepared and recommended
by the Council under section 303(c), and section 305(d) of
the Magnuson-Stevens Act authorizes NMFS to propose
regulations necessary to carry out an FMP. This action is
necessary to carry out the FMP because it would reduce the
compliance burden on the owners and operators of commercial
reef fish vessels and increase the enforceability of the
VMS requirement applicable to vessels issued commercial
fish permits. The NMFS Assistant Administrator has
determined that this proposed rule is consistent with the
abbreviated framework action, 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
Magnuson-Stevens Act provides the legal basis for this
proposed rule. No duplicative, overlapping, or conflicting
Federal rules have been identified. The first objective of
this proposed rule is to update existing Gulf lane snapper
catch limits based on the best scientific information
available to achieve OY for Gulf lane snapper while
preventing overfishing, consistent with the requirements of
the Magnuson-Stevens Act. The second objective of this

proposed rule is to revise VMS related reporting
requirements for commercial Gulf reef fish permit holders
to be consistent with NMFS OLE’s current practices and to
remove the requirement to provide the certification of
installation and activation.
The Chief Counsel for Regulation of the Department of
Commerce has certified to the Chief Counsel for Advocacy of
the Small Business Administration (SBA) that this proposed
rule, if adopted, will not have a significant economic
impact on a substantial number of small entities. A
description of the factual basis for this determination
follows. All monetary estimates in the following analysis
are in 2022 dollars.
The abbreviated framework action and

proposed rule

would revise the OFL, ABC, and stock ACL for Gulf lane
snapper from 1,053,834 lb (478,011 kg), 1,028,973 lb
(466,734 kg), and 1,028,973 lb (466,734 kg), respectively,
to 1,116,331 lb (506,359 kg), 1,088,873 lb (493,904 kg),
and 1,088,873 lb (493,904 kg) respectively. Because all the
current and proposed catch limits were both derived, in
part, using MRIP-FES data, they are directly comparable.
In addition, NMFS is proposing to revise existing
requirements for the collection of information approved
under Office of Management and Budget (OMB) Control Number
0648-0544, Southeast Region Vessel Monitoring System and
Related Requirements. This proposed rule would revise the

process for fishermen to request a VMS power-down
exemption, including how and what information is collected,
and the valid period of an exemption. This proposed rule
would also remove an existing requirement for a vessel
owner or operator to submit a form certifying that a
qualified marine electrician has installed and activated a
NMFS-approved VMS unit on the vessel, and that NMFS
personnel have verified its operation. This proposed rule
contains a collection-of-information requirement subject to
review and approval by the OMB under the Paperwork
Reduction Act (PRA).
A valid commercial Gulf reef fish vessel permit is
required in order for commercial fishing vessels to legally
harvest reef fish species in the Gulf. As of August 26,
2021, there were 814 vessels that possessed a valid
commercial Gulf reef fish vessel permit. Ownership data
regarding vessels that harvest Gulf reef fish are
incomplete. Therefore, it is not currently feasible to
accurately determine affiliations between these particular
vessels. Because of the incomplete ownership data, for
purposes of this analysis, NMFS assumes each of these
vessels is independently owned by a single business, which
is expected to result in an overestimate of the actual
number of businesses directly regulated by this proposed
action. Thus, NMFS assumes this proposed rule would
regulate 814 commercial fishing businesses.

Although the proposed changes to the stock ACL would
apply to recreational anglers, under the RFA, recreational
anglers are not considered to be entities. 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 and so they
are outside the scope of this analysis (5 U.S.C. 603).
A valid charter vessel/headboat (for-hire) Gulf reef
fish vessel permit is required in order for for-hire
vessels to legally harvest lane snapper in the Gulf. NMFS
does not possess complete ownership data regarding vessels
that hold charter vessel/headboat Gulf reef fish vessel
permits, and thus potentially harvest lane snapper.
Therefore, NMFS is not currently able to accurately
determine affiliations between these vessels and the
businesses that own them. As a result, for purposes of this
analysis, NMFS assumes each for-hire vessel is
independently owned by a single business, which is expected
to result in an overestimate of the actual number of forhire fishing businesses regulated by this proposed rule.
This proposed rule would only be expected to alter the
fishing behavior of for-hire vessels that target lane
snapper in the Gulf (i.e., the behavior of for-hire vessels
that incidentally harvest lane snapper in the Gulf is not
expected to change). Therefore, only for-hire vessels that

target lane snapper in the Gulf are expected to be directly
affected by this proposed rule.
NMFS does not possess data indicating how many forhire vessels actually harvest or target Gulf lane snapper
in a given year. However, in 2020, there were 1,289 vessels
with valid charter vessel/headboat Gulf reef fish vessel
permits. Further, Gulf lane snapper is primarily targeted
in waters off the west coast of Florida. Of the 1,289
vessels with valid charter vessel/headboat Gulf reef fish
vessel permits, 803 were homeported in Florida. Of these
permitted vessels, 62 are primarily used for commercial
fishing rather than for-hire fishing purposes and thus are
not considered for-hire fishing businesses. In addition, 46
of these permitted vessels are considered headboats.
Although headboats are considered for-hire fishing
businesses, they take a relatively large, diverse set of
anglers to harvest a diverse range of species on a trip,
and therefore do not typically target a particular species.
Therefore, NMFS assumes that no headboats would be directly
affected as a result of this proposed rule. However,
charter vessels often target lane snapper. Of the 803
vessels with valid charter vessel/headboat Gulf reef fish
vessel permits that are homeported in Florida, 695 vessels
are charter vessels. As described in the abbreviated
framework action, 76 percent of charter vessels with valid
charter vessel/headboat permits in the Gulf were active in

2017 (i.e., 24 percent were not fishing). A charter vessel
would only be directly affected by this proposed rule if it
is fishing. Given this information, NMFS’ best estimate of
the number of charter vessels that are likely to target
Gulf lane snapper in a given year is 528. Thus, this
proposed regulatory action is estimated to regulate 528
for-hire fishing businesses if finalized.
On December 29, 2015, NMFS issued a final rule
establishing a small business size standard of $11 million
in annual gross receipts (revenue) for all businesses
primarily engaged in the commercial fishing industry (NAICS
code 11411) for RFA compliance purposes only (80 FR 81194,
December 29, 2015). In addition to this gross revenue
standard, a business primarily involved in commercial
fishing is classified as a small business if it is
independently owned and operated, and is not dominant in
its field of operations (including its affiliates). From
2018 through 2022, the maximum annual gross revenue earned
by a single commercial reef fish vessel during this time
was about $3.63 million, while the average annual gross
revenue for a vessel commercially harvesting Gulf lane
snapper was $63,698. Based on this information, all
commercial fishing businesses regulated by this proposed
rule are determined to be small entities for the purpose of
this analysis.
The SBA has established that a business primarily

involved in for-hire fishing (NAICS code 487210) 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 annual receipts
(revenue) not in excess of $14.0 million for all its
affiliated operations worldwide. The maximum annual gross
revenue for a single headboat in the Gulf was about $1.45
million in 2017. 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 rule are determined to be small businesses
for the purpose of this analysis.
If implemented, NMFS expects this proposed rule to
directly affect the 814 commercial fishing businesses that
possess a valid commercial Gulf reef fish permit. Further,
NMFS expects this proposed rule to directly affect 528 of
the 1,227 for-hire fishing businesses with valid Federal
charter vessel/headboat permits in the Gulf reef fish
fishery, or approximately 43 percent of those for-hire
fishing businesses. For the purpose of this analysis, all
affected commercial and for-hire fishing businesses are
small entities. Based on this information, NMFS expects the
proposed rule to affect a substantial number of small

entities.
For vessels that commercially harvest lane snapper in
the Gulf, currently available data indicate that economic
profits are approximately 32 percent of annual average
gross revenue. Given that their average annual gross
revenue is $63,698, annual average economic profit per
vessel is estimated to be approximately $20,383.
As noted above, the abbreviated framework action and
this proposed rule would increase the stock ACL from
1,028,973 lb (466,734 kg) to 1,088,873 lb (493,904 kg).
This increase in the stock ACL would increase the amount of
lane snapper available for harvest by the commercial
sector. Based on the commercial and recreational sectorspecific landings from 2018-2022, the recreational sector
has accounted for 97.26 percent of landings, while the
commercial sector has accounted for 2.74 percent of
landing. If this current relative sector usage persists,
NMFS expects the increase of 59,900 lb (27,170 kg) to the
lane snapper stock ACL to allow the commercial sector to
utilize an additional 1,641 lb (744 kg). NMFS expects this
increase in commercial landings to have a minimal increase
on the average ex-vessel price due to a relatively high
number of substitute products (e.g., imports, other reef
fish species landed in the Gulf and South Atlantic, etc.).
Thus, assuming the average ex-vessel price of $3.35/lb,
gutted weight, from 2018-2022, NMFS expects the annual

gross revenue to increase by $5,498 and economic profit to
increase by $1,759. On a per vessel basis, NMFS expects
annual gross revenue and economic profit to increase by $18
and $10, respectively.
As described in the abbreviated framework action, the
average annual economic profits are approximately $27,000
per charter vessel. The proposed action to change the total
OFL, ABC, and stock ACL for Gulf lane snapper would
increase the total amount of lane snapper available for
harvest by the recreational sector. If current relative
sector usage persists, the increase of 59,900 lb (27,170
kg) to the lane snapper stock ACL would allow the
recreational sector to utilize an additional 58,259 lb
(26,426 kg).
The change to the Gulf lane snapper stock ACL may
cause a change in the number of recreational targeted
trips. In the long run, factors of production, such as
labor and capital, can be used elsewhere in the economy,
and so only short-term changes to economic profits are
expected. In the Gulf, headboat trips take a diverse set of
anglers on a single vessel, generally advertising a diverse
range of species to be caught. Therefore, an assumption
that no headboat trips would be gained due to a change in
ACL would be reasonable. However, charter vessel trips that
are targeting lane snapper may be added and are the focus
of the recreational sector analysis. Based on the predicted

closure dates under the 3-year average (2018-2020) and 5year average (2018-2022) as shown in the abbreviated
framework action, the recreational season is not expected
to close early under either the proposed or current ACLs.
Therefore, the proposed ACL would not be expected to
lengthen the recreational season and provide additional
charter trips, and therefore no changes to for-hire profits
are expected as a result of this proposed regulatory
action.
If implemented, NMFS expects the proposed VMS powerdown exemption changes to decrease the number of
respondents per year and decrease the number of annual
responses. Public reporting burden for requesting a VMS
power-down exemption is expected to be reduced per entity
due to faster to completion rates with the online form, as
opposed to filling out and mailing a paper-based form with
postage and waiting for a response from NMFS OLE to be
delivered by postal mail. However, NMFS expects an increase
in the total number of annual power down exemption requests
due to NMFS’ increased outreach to participants on the
requirement to submit a power down exemption request before
turning off their VMS unit. Opportunity costs are
associated with any time burden created by reporting
requirements. Typically, opportunity cost is approximated
using the average wage or salary of those covered by the
requirement. Vessel owners or operators would be

responsible for submitting the VMS power-down exemption,
and thus use of the average wage of first line supervisors
and managers in the fishing, forestry, and farming
industries is appropriate. As of May 2023, which is the
most currently available information, the Bureau of Labor
Statistics reported that the mean wage of individuals in
this occupation group was $28.28. The revised VMS powerdown exemption would apply to all 814 actively permitted
Gulf reef fish vessels. The annual fleet-wide time burden
associated with this revision would be increased from 12.5
hours to 21.75 hours, or an increase of 9.25 total burden
hours. Thus, the public reporting burden per vessel is
expected to increase by approximately 0.01 hours per year.
This results in an increase in opportunity cost of
approximately $0.32 per business per year, which is trivial
relative to the average annual gross revenue for a
commercial Gulf reef fish vessel. The total cost savings in
postage resulting from changes to the VMS power-down
exemption per vessel is approximately $0.66 per year. Based
on the analysis above, the additional costs per business
resulting from the VMS power down exemption revisions are
expected to be minimal.
If implemented, NMFS OLE expects the removal of the
VMS Installation and Activation Certification for the Reef
Fish Fishery of the Gulf of Mexico changes to decrease the
number of respondents per year and decrease the number of

annual responses. Removing the required form to certify an
installed and activated VMS unit, as proposed, would remove
the associated annual time burden and costs from
respondents. The revised VMS Installation and Activation
Certification would apply to all 814 actively permitted
Gulf reef fish vessels. The annual fleet-wide time burden
associated with this revision would be decreased from 593.3
hours to 2.67 hours, or a reduction of 590.63 total burden
hours. Thus, the total decrease in time burden per vessel
is approximately 0.73 hours per year. These estimates
include the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of
information. This results in a reduction in opportunity
cost of approximately $20.20 per business per year.
Based on the information above, NMFS does not expect a
reduction in profits for a substantial number of small
entities as a result of this proposed rule. Thus, this
proposed rule would not have a significant economic impact
on a substantial number of small entities and an initial
regulatory flexibility analysis is not required and none
has been prepared.
This proposed rule contains a collection-ofinformation requirement subject to review and approval by
the OMB under the PRA. NMFS is proposing to revise existing
requirements for the collection of information approved

under OMB Control Number 0648-0544, Southeast Region Vessel
Monitoring System and Related Requirements. This proposed
rule would revise the process for fishermen to request a
VMS power-down exemption, including how and what
information is collected, and the valid period of an
exemption. This proposed rule would also remove an existing
requirement for a vessel owner or operator to submit a form
certifying that a qualified marine electrician has
installed and activated a NMFS-approved VMS unit on the
vessel, and that NMFS personnel have verified its
operation.
NMFS seeks public comment regarding: whether this
proposed collection of information is necessary for the
proper performance of the functions of the agency,
including whether the information shall have practical
utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the
information to be collected; and ways to minimize the
burden of the collection of information, including through
the use of automated collection techniques or other forms
of information technology. Submit comments on these or any
other aspects of the collection of information at
https://www.reginfo.gov/public/do/PRAMain.
Notwithstanding any other provision of the law, no
person is required to respond to, nor will any person be
subject to a penalty for failure to comply with, a

collection of information subject to the requirements of
the PRA, unless that collection of information displays a
currently valid OMB Control Number
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gulf, Lane snapper,
Recreational, Reef fish, Vessel monitoring systems.
Dated: June 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 § 622.28, revise paragraphs (d) and (f) to read

as follows:
§ 622.28 Vessel monitoring systems (VMSs).
* * * * *
(d) Power-down exemptions. An owner or operator of a
vessel subject to the requirement to have a VMS operating
at all times as specified in paragraph (a) of this section
can be exempted from that requirement and may power down
the required VMS unit as specified in the following
provisions.
(1) The vessel will be continuously out of the water
or in port, as defined in paragraph (c) of this section,
for more than 72 consecutive hours.
(2) The owner or operator of the vessel requests and
obtains authorization from NMFS OLE to power-down the VMS
unit on the same vessel. VMS units must remain on and
positioning until the vessel owner or operator receives
such authorization. A request for a power-down exemption
must be completed through a NMFS website. The request must
provide the specified information, such as, the identity of
person making the request, vessel owner, vessel
identification, and the reason for an exemption.
Authorization for the power-down is displayed on the
website after submission of all required information, and
is transmitted by email to the requester and the vessel
owner, if different from the requester. After receipt of
the authorization, the VMS unit may be turned off for the

approved time period.
(3) If a vessel with an approved VMS power-down
exemption submits a trip declaration, as specified in
paragraph (e) of this section, before the power-down
exemption expires, the power-down exemption will be void,
and the vessel is required to have a VMS operating at all
times as specified in paragraph (a) of this section.
Authorization for a new power-down exemption will be
required before the vessel can subsequently power-down the
VMS unit.
(4) An approved VMS power-down exemption is not
transferrable and is granted only to the vessel owner,
vessel, and the commercial reef fish permit number
contained in the authorization.
(5) The maximum period for a single approved VMS
power-down exemption is 1 year from the date that NMFS
grants the VMS power-down exemption. A vessel owner or
operator may request a subsequent VMS power-down exemption
for the same vessel after the expiration of the preceding
power-down exemption.
* * * * *
(f) Installation and activation of a VMS. Only a VMS
that has been approved by NMFS for the Gulf reef fish
fishery may be used, and the VMS must be installed by a
qualified marine electrician.
* * * * *

3. In § 622.41, revise paragraph (k) to read as
follows:
§ 622.41 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs).
* * * * *
(k) Lane snapper. If the sum of the commercial and
recreational landings, as estimated by the SRD, reaches or
is projected to reach the stock ACL, as specified in this
paragraph (k), the AA will file a notification with the
Office of the Federal Register to close the commercial and
recreational sectors for the remainder of the fishing year.
The stock ACL for lane snapper is 1,088,873 lb (493,904
kg), round weight.
* * * * *

[FR Doc. 2024-13140 Filed: 6/14/2024 8:45 am; Publication Date: 6/17/2024]