[Federal Register Volume 78, Number 177 (Thursday, September 12, 2013)]
[Rules and Regulations]
[Pages 56171-56173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22212]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 130402313-3748-02]
RIN 0648-BD15
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands;
Regulatory Amendment 2
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement Regulatory Amendment
2 to the Fishery Management Plan (FMP) for the Queen Conch Resources of
Puerto Rico and the U.S. Virgin Islands (USVI) (Regulatory Amendment
2), as prepared by the Caribbean Fishery Management Council (Council).
This final rule revises the commercial trip limit for queen conch in
the Caribbean exclusive economic zone (EEZ) to be compatible with the
trip limit in USVI territorial waters. The purpose of this provision is
to improve the compatibility of Federal and USVI territorial
regulations for queen conch in order to facilitate enforcement efforts
while ensuring the long-term health of the queen conch resource. This
final rule also changes the regulations specifying the queen conch
fishing season to correct an inadvertent change to the text that
occurred in a prior rulemaking. The revision better reflects the
original and current intent of the Council.
DATES: This rule is effective October 15, 2013.
ADDRESSES: Electronic copies of Regulatory Amendment 2, which includes
an environmental assessment, a Regulatory Flexibility Act analysis, and
a regulatory impact review (RIR), may be obtained from the Southeast
Regional Office Web site at: http://sero.nmfs.noaa.gov/index.html.
FOR FURTHER INFORMATION CONTACT: Maria del Mar Lopez, Southeast
[[Page 56172]]
Regional Office, NMFS, telephone: 727-824-5305, email:
[email protected].
SUPPLEMENTARY INFORMATION: The queen conch fishery in the U.S.
Caribbean is managed under the FMP for the Queen Conch Resources of
Puerto Rico and the USVI (Queen Conch FMP). The Queen Conch FMP was
prepared by the Council, and is implemented through regulations at 50
CFR part 622 under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
On June 7, 2013, NMFS published a proposed rule for Regulatory
Amendment 2 and requested public comment (78 FR 34311). The proposed
rule and Regulatory Amendment 2 outline the rationale for the actions
contained in the final rule. A summary of the actions implemented by
this final rule is provided below.
Management Measures Contained in This Final Rule
This final rule revises the commercial trip limit to 200 queen
conch per vessel per day from the current 150 queen conch per licensed
commercial fisher per day. The purpose of this provision is to improve
the compatibility of Federal and USVI territorial regulations for queen
conch in order to facilitate enforcement efforts while ensuring the
long-term health of the queen conch resource.
Other Changes Contained in This Final Rule
This final rule also changes the language in 50 CFR 622.491 to
correct an inadvertent change to the text specifying the queen conch
fishing season. Fishing for queen conch is only allowed from November 1
through May 31, and only in the area east of 64[deg]34' W. longitude
which includes Lang Bank east of St. Croix, USVI. In the rest of the
Caribbean EEZ, there is a prohibition on the harvest and possession of
queen conch. This revision corrects a mistake that occurred in prior
rule-making (Regulatory Amendment 1; 76 FR 23907, April 29, 2011), in
which the sentence was restructured, resulting in an inadvertent change
in the meaning. This rule revises the codified text to its previous
form. Changing the codified text to its previous form reflects the
original and current intent of the Council.
Comments and Responses
NMFS received two comments on the proposed rule and Regulatory
Amendment 2. A Federal agency stated it had no comments on the actions
in Regulatory Amendment 2. The other comment was unrelated to the
actions contained in Regulatory Amendment 2 and the proposed rule and,
therefore, is not addressed here.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
that this final rule is necessary for the conservation and management
of queen conch and is consistent with Regulatory Amendment 2, the Queen
Conch FMP, the Magnuson-Stevens Act and other applicable law.
This final 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 rule, if adopted, would not have a significant
adverse economic impact on a substantial number of small entities. The
factual basis for this determination is as follows:
On June 20, 2013, the Small Business Administration (SBA) issued a
final rule revising the small business size standards for several
industries effective July 22, 2013 (78 FR 37398). The rule increased
the size standard for Finfish Fishing from $4.0 to $19.0 million,
Shellfish Fishing from $4.0 to $5.0 million, and Other Marine Fishing
from $4.0 to $7.0 million. Pursuant to the Regulatory Flexibility Act,
and prior to SBA's June 20, 2013, final rule, an initial regulatory
flexibility analysis was developed for this action using SBA's former
size standards. Subsequent to the June 20, 2013 rule, NMFS has reviewed
the analysis prepared for this action in light of the new size
standards. Under the former, lower size standards, all entities subject
to this action were considered small entities, thus they all would
continue to be considered small entities under the new standards. NMFS
has determined that the new size standards do not affect the analyses
prepared for this action.
This rule is expected to directly affect commercial fishermen in
St. Croix, USVI, who harvest queen conch. Queen conch harvest in the
EEZ of the U.S. Caribbean is restricted to the Lang Bank area off St.
Croix and all queen conch harvest from this area is believed to be
landed in St. Croix because of the prohibitive travel distances that
would be required to land in other locations. As a result, the
assessment of the number of commercial entities expected to be affected
by this rule is based on St. Croix commercial trip ticket data.
The USVI fishing year for all species is July 1 through June 30.
Over the 2009/2010 through 2011/2012 fishing years, an average of 40
fishermen (range of 30-48) per fishing year recorded landings of queen
conch in St. Croix. The average total revenue per fishing year from the
harvest of all marine species (queen conch and all other species) by
these fishermen was approximately $2.6 million (nominal or un-inflated
dollars), or approximately $64,000 per fisherman ($2.6 million/40).
These estimates include all fishermen with recorded queen conch
landings in St. Croix, regardless of where the queen conch were
harvested (EEZ or territorial waters). Precise comparable estimates for
fishermen who harvested queen conch in the EEZ are not available
because the area of harvest was not provided on all trip tickets (area
fished was not reported on trip tickets that accounted for
approximately 11 percent of the average queen conch harvest per fishing
year). However, an average of 17 fishermen (range of 9-23) per fishing
year reported queen conch harvests from the EEZ. The average total
revenue from the harvest of all marine species by these fishermen
during this period was approximately $1.0 million (nominal or un-
inflated dollars), or approximately $60,000 per fishermen ($1.0
million/17).
The Small Business Administration (SBA) has established size
criteria for all major industry sectors in the U.S. including fish
harvesters. A business involved in marine fishing 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 $5 million (NAICS code
114112, shellfish fishing), $7 million (NAICS code 114119, other marine
fishing), and $19 million (NAICS code 114111, finfish fishing) for all
its affiliated operations worldwide. Both average revenue estimates,
approximately $64,000 for all fishermen with commercial queen conch
landings and approximately $60,000 for fishermen who reported
harvesting queen conch from the EEZ, are significantly lower than all
of these SBA thresholds. As a result, all commercial fishermen expected
to be affected by this rule are determined, for the purpose of this
assessment, to be small business entities.
This rule increases the number of queen conch that can be harvested
per vessel per day if one licensed commercial fisherman is on board the
vessel, and decreases the allowable harvest if multiple licensed
commercial fishermen are on board. However, only 2 percent or fewer of
the trips that harvest queen conch are believed to carry multiple
licensed commercial
[[Page 56173]]
fishermen and no licensed commercial fishermen are known to exclusively
fish with other licensed commercial fishermen on board. As a result,
the effects of increasing the allowable queen conch harvest per vessel
per day on trips with a single licensed commercial fisherman on board
is expected to account for the majority of the economic impacts of this
rule.
The net direct economic effects of this rule cannot be quantified
with available data. Increasing the number of queen conch that can be
harvested per vessel per trip is expected to increase the average daily
harvest and associated revenue per trip for trips on which queen conch
are harvested. Total operating costs may be reduced if fishermen take
fewer trips to harvest the queen conch annual catch limit (ACL). An
increase in the revenue per trip and a decrease in operating costs
results in an increase in profit to affected small entities.
The queen conch commercial ACL in St. Croix is 50,000 lb (22,680
kg) and queen conch harvest and possession in the EEZ is prohibited
when the St. Croix ACL is reached. As a result, the total average
annual revenue to all commercial fishermen from queen conch harvest is
not expected to be affected by this rule other than as a result of a
possible reduction in average price if increased harvest rates result
in a derby fishery and depress prices. However, of the estimated
average 40 fishermen who harvest queen conch per year, only an
estimated average of 17 fishermen per year harvest queen conch in the
EEZ. Closure of the fishery due to the ACL being reached has only
occurred once since the 2008/2009 fishing year and approximately two-
thirds of the total queen conch harvest in St. Croix comes from
territorial waters. As a result, any increased harvest rate that might
occur in response to the increase in the trip limit in the EEZ may not
significantly reduce the length of the open season and, thus, may have
minimal to no effect on queen conch prices. Therefore, increasing the
daily average harvest rate, which may occur as a result of the increase
in the trip limit, may have only a small effect on increasing the
likelihood of the fishery closing due to the ACL being reached and/or
reducing the average price for queen conch.
In addition to the effects described in the previous paragraph,
fishing for, and revenue from, other species may increase as a result
of this rule if fishermen are able to take fewer trips to harvest the
queen conch ACL and increase fishing effort for other species. However,
any increase in revenue from other species will be an indirect effect
of this rule.
This rule also changes the language in the codified text specifying
the queen conch fishing season. This change corrects an inadvertent
change to the text that occurred in a prior rulemaking, as discussed in
the preamble. The revision better reflects the original and current
intent of the Council. Queen conch fishing in the Caribbean EEZ has
been consistent with the season specified by the change and, therefore,
this change is not expected to result in any economic effects on any
small entities.
In summary, the average fisherman expected to be directly affected
by this rule is expected to experience an increase in revenue and
profit. However, the amount of this increase cannot be determined with
available data.
The information provided above supports a determination that this
rule will have beneficial effects on affected small entities, and
therefore would not have a significant adverse economic impact on a
substantial number of small entities. An initial regulatory flexibility
analysis (IRFA) was prepared for the proposed rule, and the resultant
analysis concluded the same finding of positive economic impacts. No
challenge of this determination or other substantive issue was received
through public comment of the proposed rule, and thus, no changes were
made in the rule. Accordingly, a final regulatory flexibility analysis
was not required or prepared. Copies of the RIR and IRFA are available
(see ADDRESSES).
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Queen conch, St. Croix, U.S. Virgin Islands.
Dated: September 9, 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 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. 622.491, paragraph (a) is revised to read as follows:
Sec. 622.491 Season and area closures.
(a) No person may fish for or possess on board a fishing vessel a
Caribbean queen conch in or from the Caribbean EEZ, except from
November 1 through May 31 in the area east of 64[deg]34' W. longitude
which includes Lang Bank east of St. Croix, U.S. Virgin Islands.
* * * * *
0
3. In Sec. 622.495, paragraph (a) is revised and paragraph (b) is
added to read as follows:
Sec. 622.495 Commercial trip limit.
* * * * *
(a) Applicability. The trip limit of paragraph (b) of this section
applies to a vessel that has at least one person on board with a valid
commercial fishing license issued by Puerto Rico or the U.S. Virgin
Islands. If no person on board the vessel has a valid commercial
fishing license issued by Puerto Rico or the U.S. Virgin Islands, the
bag limit specified in Sec. 622.494(b) applies.
(b) Trip limit. The trip limit for queen conch in or from the
Caribbean EEZ is 200 queen conch per day.
[FR Doc. 2013-22212 Filed 9-11-13; 8:45 am]
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