[Federal Register Volume 78, Number 65 (Thursday, April 4, 2013)]
[Proposed Rules]
[Pages 20292-20294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07774]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 130212129-3284-01]
RIN 0648-BC98
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management
Measures
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 a
framework action to the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico
Fishery Management Council (Council). If implemented, this rule would
increase the commercial and recreational quotas for red snapper in the
Gulf of Mexico (Gulf) reef fish fishery for the 2013 fishing year. This
proposed rule is intended to help achieve optimum yield (OY) for the
Gulf red snapper resource without increasing the risk of red snapper
experiencing overfishing.
DATES: Written comments must be received on or before April 19, 2013.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2013-0055'' by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0055, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Cynthia Meyer, 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, etc.), 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). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
Electronic copies of the framework action, which includes an
environmental assessment and a regulatory impact review, may be
obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sf/GrouperSnapperandReefFish.htm.
FOR FURTHER INFORMATION CONTACT: Cynthia Meyer, Southeast Regional
Office, NMFS, telephone 727-824-5305; email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef
fish fishery under the FMP. The Council prepared the FMP and NMFS
implements the FMP through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act).
Background
The Southeast Data, Assessment, and Review (SEDAR) update
assessment for Gulf red snapper, conducted in August 2009 (SEDAR 9),
determined that overfishing had ended for the red snapper stock, and
that the acceptable biological catch (ABC) may be increased. The stock,
however, is still overfished and is under a rebuilding plan through
2032. The next SEDAR benchmark stock assessment currently scheduled for
Gulf red snapper will be conducted in 2013.
The Council's Scientific and Statistical Committee (SSC) met in
November 2012, to review the updated landings data and recommended a
new ABC for the 2013 fishing year. For 2013, the SSC recommended an ABC
of 8.46 million lb (3.83 million kg). The Council met in February 2013,
and voted to implement this new ABC through the 2013 Gulf red snapper
framework action.
Management Measures Contained in This Proposed Rule
This rule would set the 2013 commercial and recreational quotas for
red snapper based on the ABC recommended by the SSC and on the current
commercial and recreational allocations (51-percent commercial and 49-
percent recreational). Therefore, the 2013 commercial quota would be
set at 4.315 million lb (1.957 million kg), round weight, and the 2013
recreational
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quota would be set at 4.145 million lb (1.880 million kg), round
weight.
The Council also considered modifying the red snapper recreational
bag limit, but decided to maintain the current 2-fish per angler bag
limit.
The red snapper management measures contained in this proposed rule
would achieve the goal set by National Standard 1 of the Magnuson-
Stevens Act, which states that conservation and management measures
shall prevent overfishing while achieving, on a continuing basis, the
OY for the fishery.
Red Snapper Recreational Fishing Season
Under 50 CFR 622.34 (m), the red snapper recreational fishing
season opens each year on June 1 and closes when the recreational quota
is projected to be reached. Prior to June 1 each year, NOAA projects
the closing date based on the previous year's data, and notifies the
public of the closing date for the upcoming season. If subsequent data
indicate that the quota has not been reached by that closing date, NMFS
may reopen the season.
After finalized 2012 recreational landings data are available and
before the season opens on June 1, 2013, NMFS will announce when the
2013 quota is projected to be harvested. NMFS may announce when the
2013 quota is projected to be harvested in the final rule associated
with this action. The 2013 season would be shorter than the 2012 season
as a result of an increase in the average size of the red snapper
harvested, and the increase in catch rates. Because the red snapper
population is in a rebuilding plan, population abundance is expected to
increase, which is expected to lead to increased quotas and higher
catch rates.
NMFS implemented an emergency rule to authorize NMFS to set the
closure date of the red snapper recreational fishing season in the
exclusive economic zone (EEZ) off individual states (78 FR 17882, March
25, 2013). The closure dates off each Gulf state would be based on the
recreational quota increase contained in this proposed rule and any
state's inconsistent regulations. The extent to which NMFS would adjust
a state's Federal season is contingent upon the estimated landings from
states with any inconsistent regulations. The more a state exceeds its
apportionment of the annual quota, the greater the Federal season off
that state is likely to be reduced to compensate for any quota overage.
The emergency rule contains tentative closure dates in the EEZ off
each Gulf state. These tentative closure dates are based on a
recreational quota of 4.145 million lb (1.880 million kg), round
weight, and inconsistent state regulations in Texas, Louisiana, and
Florida. The tentative closure dates contained in the emergency rule
are as follows: Texas, June 12, 2013; Louisiana, June 9, 2013;
Mississippi, June 28, 2013; Alabama, June 28, 2013; and Florida, June
21, 2013. These dates could change if states change their regulations
in state waters or additional states (Mississippi and Alabama)
implement inconsistent regulations in their state waters. To determine
these closure dates, NMFS analyzed the catch rates for each state. The
amount each state's Federal season would be shortened is contingent on
estimates of landings when the Federal season is closed. The more a
state exceeds its apportionment of the annual quota, the more the
Federal season must be reduced off that state to compensate for the
overage. NMFS estimates catch rates on the order of 1.5 to 3 times
greater than the current state water catch rates due to factors such as
increasing catch rates and fish size, higher bag limits, weekend
fishing, peak season fishing, increases in stock abundance, potentially
significant levels of deliberate or accidental non-compliance by
constituents with state/Federal boundaries during incompatible
regulatory periods, and the fact that some for-hire vessels are not
federally permitted and would contribute to landings when the Federal
season is closed. For the season projections, NMFS used 2 times the
catch rate because using 1.5 times the catch rate would potentially be
an underestimate and using 3 times the catch rate could be too
conservative. Final official closure dates will be announced prior to
the start of the season on June 1, 2013, and may be announced in the
final rule for this action.
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 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
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if implemented, would not have
a significant economic impact on a substantial number of small
entities. The factual basis for this determination is as follows:
The purpose of this proposed rule is to set 2013 quotas for the
commercial and recreational harvest of red snapper in the Gulf EEZ that
are consistent with the red snapper rebuilding plan in order to achieve
OY. The Magnuson-Stevens Act provides the statutory basis for this
proposed rule. No duplicative, overlapping, or conflicting Federal
rules have been identified. This proposed rule would not introduce any
changes to current reporting, record-keeping, or other compliance
requirements.
This rule, if implemented, would be expected to directly affect all
commercial and for-hire vessels that harvest red snapper. In addition
to needing red snapper allocation, a commercial reef fish permit is
required to harvest red snapper in the Gulf EEZ in excess of the bag
limit and to sell red snapper. An estimated 890 vessels possess a valid
(non-expired) or renewable commercial reef fish permit. A renewable
permit is an expired permit that may not be actively fished, but is
renewable for up to 1 year after permit expiration. However, over the
period 2007-2011, an average of only 333 vessels per year recorded
commercial red snapper harvests. As a result, for the purpose of this
assessment, the number of potentially affected commercial vessels is
estimated to range from 333-890. The average commercial vessel in the
Gulf reef fish fishery is estimated to earn approximately $50,000 (2011
dollars) in annual gross revenue, while the average vessel with red
snapper landings is estimated to earn approximately $96,000.
A Federal reef fish for-hire vessel permit is required for for-hire
vessels to harvest red snapper in the Gulf EEZ. On November 21, 2012,
1,364 vessels had valid or renewable reef fish for-hire permits. The
for-hire fleet is comprised of charterboats, which charge a fee on a
vessel basis, and headboats, which charge a fee on an individual angler
(head) basis. Although the for-hire permit does not distinguish between
headboats and charterboats, an estimated 69 headboats operate in the
Gulf. As a result, 1,295 of the vessels with valid or renewable reef
fish for-hire permits are expected to operate as charterboats. The
average charterboat is estimated to earn approximately $80,000 (2011
dollars) in gross annual revenue, while the average headboat is
estimated to earn approximately $242,000.
NMFS has not identified any other small entities that would be
expected to
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be directly affected by this proposed rule.
The Small Business Administration has established size criteria for
all major industry sectors in the U.S., including fish harvesters. A
business involved in fish harvesting 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 $4.0 million (NAICS code 114111, finfish
fishing) for all its affiliated operations worldwide. The revenue
threshold for a business involved in the for-hire fishing industry is
$7.0 million (NAICS code 713990, recreational industries). All
commercial and for-hire vessels expected to be directly affected by
this proposed rule are believed to be small business entities.
This rule, if implemented, would increase the 2013 red snapper
commercial quota by 194,000 lb (87,997 kg), round weight, and the 2013
red snapper recreational quota by 186,000 lb (84,368 kg), round weight.
The proposed increase in the commercial quota would be expected to
result in an increase in gross revenue (ex-vessel revenue minus the 3-
percent cost recovery fee) for commercial vessels that harvest red
snapper of approximately $721,000 (2011 dollars), or approximately
$810-$2,165 per vessel ($721,000/890 vessels = $810 per vessel;
$721,000/333 vessels = $2,165 per vessel). The expected range in the
increase in gross revenue per vessel would be equal to approximately
1.6 percent ($810/$50,000) and 2.3 percent ($2,165/$96,000) increases
in the average annual revenue per vessel, respectively.
The proposed increase in the recreational quota would be expected
to result in an increase in net operating revenue (gross revenue minus
operating costs except for labor) for for-hire businesses of
approximately $502,000 (2011 dollars) for charterboats and
approximately $562,000 for headboats. The projected increase in net
operating revenue for charterboats would be equal to approximately $388
per vessel ($502,000/1,295 vessels), or approximately 0.5 percent
($388/$80,000) of average annual revenue per vessel. For headboats, the
projected increase in net operating revenue would be equal to
approximately $8,152 per vessel ($562,000/69 vessels), or approximately
3.4 percent ($8,152/$242,000) of average annual revenue per vessel.
In summary, the proposed rule, if implemented, would not be
expected to have a significant impact on a substantial number of small
entities and, as a result, an initial regulatory flexibility analysis
is not required and none has been prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: March 28, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the 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, 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. 622.42, paragraphs (a)(1)(i) and (a)(2)(i) are revised to
read as follows:
Sec. 622.42 Quotas.
* * * * *
(a) * * *
(1) * * *
(i) Red snapper--4.315 million lb (1.957 million kg), round weight.
* * * * *
(2) * * *
(i) Recreational quota for red snapper--4.145 million lb (1.880
million kg), round weight.
* * * * *
[FR Doc. 2013-07774 Filed 4-3-13; 8:45 am]
BILLING CODE 3510-22-P