[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Rules and Regulations]
[Pages 73999-74001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30194]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 150826781-5999-02]
RIN 0648-BF33, 0648-BE91
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; 2016 Red Snapper Commercial
Quota Retention
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues regulations 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), as prepared by the
Gulf of Mexico Fishery Management Council (Council). This final rule
withholds 4.9 percent of the 2016 red snapper commercial quota prior to
the annual distribution of red snapper allocation to the Individual
Fishing Quota (IFQ) program shareholders on January 1, 2016. This final
rule allows the allocations being established through Amendment 28 to
the FMP (Amendment 28) to be effective for the 2016 fishing year should
Amendment 28 be approved by the Secretary of Commerce (Secretary) in
2016. This final rule also makes a technical correction to re-insert
regulatory text that a previous rulemaking inadvertently omitted, which
specifies that the recreational annual catch limit (ACL) for red
snapper is equal to the total recreational quota.
DATES: This rule is effective December 28, 2015.
ADDRESSES: Electronic copies of the framework action, which includes an
environmental assessment, a regulatory impact review, and a Regulatory
Flexibility Act (RFA) analysis may be obtained from the Southeast
Regional Office (SERO) Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2015/rs_framework_2016_quota/documents/pdfs/retain_2016_red_snapper_commercial_quota_ea.pdf.
FOR FURTHER INFORMATION CONTACT: Richard Malinowski, NMFS SERO,
telephone: 727-824-5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: The Gulf of Mexico (Gulf) reef fish fishery
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-Stevens Act).
On October 19, 2015, NMFS published a proposed rule for the
framework action and requested public comment (80 FR 63190). The
proposed rule and the framework action outline the rationale for the
actions contained in this final rule. A summary of the actions
implemented by the framework action and this final rule is provided
below.
Management Measures Contained in This Final Rule
This final rule withholds 4.9 percent of the 2016 red snapper
commercial quota, equal to 352,000 lb (159,665 kg), round weight, and
317,117 lb (143,842 kg), gutted weight, prior to the annual
distribution of allocation to the IFQ program shareholders on January
1, 2016. The framework procedures of the FMP include the authority to
retain a portion of an annual quota in anticipation of future
regulatory changes during the same fishing year. This final rule allows
the allocations being
[[Page 74000]]
established through Amendment 28 to be effective for the 2016 fishing
year should the Secretary approve Amendment 28 in 2016. If NMFS does
not implement Amendment 28, NMFS will distribute the withheld 4.9
percent of the 2016 red snapper commercial quota to shareholders based
on the shares held as of the date of distribution.
Other Changes to the Codified Text
This final rule fixes an error in Sec. 622.41(q)(2)(i) for the
recreational sector of Gulf red snapper. This final rule re-inserts a
sentence of regulatory text originally published in the final rule
implementing Amendment 40 to the FMP (80 FR 22422, April 22, 2015),
which specifies that the recreational ACL for red snapper is equal to
the total recreational quota. The regulatory text was inadvertently
omitted in a subsequent correcting amendment (80 FR 58219, September
28, 2015) to a final rule for a framework action that increased the
commercial and recreational quotas for Gulf red snapper in the 2015,
2016, and 2017 fishing years (80 FR 24832, May 1, 2015). This final
rule corrects the error by re-inserting the regulatory text into Sec.
622.41(q)(2)(i). This action is unrelated to the actions described in
this framework action.
Comments and Responses
NMFS received 46 comment submissions from individuals, commercial
fishermen, and a commercial fishermen's association on the framework
action and the proposed rule, along with other issues. Many of the
comments NMFS received were about Amendment 28 and alternative
management strategies for red snapper, for example, expanding state
waters and advocating for state rather than Federal management. Such
comments were beyond the scope of the proposed rule and, therefore,
have not been addressed in this final rule. The comments that relate to
the framework action and the proposed rule are summarized and responded
to below.
Comment 1: The red snapper commercial quota should not be withheld
until Amendment 28 is approved and implemented by NMFS. The resulting
reallocation of the red snapper commercial quota would then apply to
the 2017 fishing year.
Response: NMFS disagrees that the commercial quota necessary to
implement Amendment 28 in the 2016 fishing year should not be withheld.
The Council approved Amendment 28 for review and implementation in
August 2015 with the expectation that the revised allocations and
quotas would be implemented in 2016, if approved by the Secretary. This
will not be possible unless that portion of the commercial quota is not
distributed to shareholders on January 1, 2016, the date on which NMFS
distributes annual red snapper allocation to shareholders. If Amendment
28 is not approved by the Secretary, the withheld red snapper
commercial quota will be distributed as soon as possible to the current
red snapper IFQ shareholders based on their current shares held as of
the date of distribution.
Comment 2: Withholding IFQ allocation cannot be accomplished
through framework procedures. NMFS regulations at 50 CFR 622.42(a) list
actions that can be established or modified in accordance with the
framework procedures of the FMP. Withholding IFQ allocation in
anticipation of reallocation is not one of the described actions that
can be accomplished by framework procedures. NMFS and the Council are
not modifying approved framework items such as the red snapper quotas
or the ACLs through this framework action; that is what Amendment 28
would do if and when it is approved. NMFS, therefore, lacks authority
to implement this action using framework procedures.
Response: NMFS disagrees. The regulations at 50 CFR 622.42(a) refer
to the framework procedures of the FMP and list quotas as one of the
management measures that may be modified. The framework procedures for
the FMP that were established with the Generic ACL and Accountability
Measures Amendment (76 FR 82044, December 29, 2011; http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/generic/archives/generic_acl_am_amend_sept_2011.pdf) list the regulatory
changes that may be implemented and expressly include ``retention of
portion of an annual quota in anticipation of future regulatory changes
during the same fishing year.'' Thus, this framework action and
regulations are in accordance with the FMP (as revised through the
Generic ACL and Accountability Measures Amendment), and regulations at
50 CFR 622.42(a).
Comment 3: Reducing each shareholder's allocation of red snapper by
approximately five percent could reduce access to quota that was leased
out to the grouper fishery for bycatch coverage. This would result in
negative biological consequences that are not analyzed in the framework
action.
Response: NMFS disagrees. Withholding the red snapper commercial
quota until a decision to approve or disapprove Amendment 28 is made
does not restrict the ability of the shareholders to continue to
contribute to the private quota bank they developed. Any long-term
impacts on bycatch mortality anticipated from a permanent shift in
allocation to the recreational sector would be a consequence of
Amendment 28 and its implementing regulations, not this rule.
Comment 4: Withholding a portion of an individual's quota
indefinitely disrupts fishermen's business plans, particularly for
fishermen who harvest large portions or all of their allocation early
in the year, leading to inefficiencies in the allocation leasing
marketplace which would reduce profitability and introduce economic and
social costs to the IFQ program.
Response: NMFS disagrees. As stated in the proposed rule for this
framework action, withholding a portion of the commercial quota may
result in a reduction in normal total revenue, alteration of the flow
of receipts, and disruption of normal business operation, consistent
with the comment. These effects, however, are expected to be minor
because of the small amount of quota withheld (4.9 percent) and the
likely short timeframe during which withholding occurs. Thus, the full
value of the quota being withheld would not be lost. Because red
snapper commercial harvest occurs throughout the year, and is not
subject to ``race to fish'' (derby) conditions, withholding this small
portion is not expected to severely limit the availability of
allocation for purchase or trade early in the year, nor result in a
market glut if allocation is subsequently returned to shareholders.
This action only applies to the 2016 fishing year. As a result, the
economic and social consequences are of limited scope and duration and
are not expected to harm individual businesses or the industry beyond
as already described. If Amendment 28 is approved by the Secretary of
Commerce and the quota is not returned to shareholders, this would be a
consequence of the rule for Amendment 28 and not this current framework
action and final rule.
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that this final rule is consistent with the framework action, the 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 Magnuson-Stevens Act provides the statutory basis for this
rule. No duplicative, overlapping, or conflicting
[[Page 74001]]
Federal rules have been identified. In addition, no new reporting,
record-keeping, or other compliance requirements are introduced by this
final rule.
The Chief Counsel for Regulation of the Department of Commerce
(DOC) certified to the Chief Counsel for advocacy of the Small Business
Administration (SBA) during the proposed rule stage that this action
would not have a significant economic impact on a substantial number of
small entities. The factual basis for this determination was published
in the proposed rule and is not repeated here. NMFS received no
significant comments regarding the certification. However, one general
comment on the expected economic effects of this rule is addressed in
the Comments and Response section of this rule. As a result, a final
regulatory flexibility analysis was not required and was not prepared.
As discussed in the background section of this final rule, this
rule also re-inserts a sentence of regulatory text originally published
in the final rule implementing Amendment 40 (80 FR 22422, April 22,
2015). The regulatory text was inadvertently omitted in a subsequent
correcting amendment (80 FR 58219, September 28, 2015) to a final rule
that implemented a framework amendment for red snapper in the Gulf reef
fish fishery (80 FR 24832, May 1, 2015). The DOC Chief Counsel for
Regulation certified to the Chief Counsel for advocacy of the SBA that
the final rules implementing both Amendment 40 and the framework
amendment would not have a significant economic impact on a substantial
number of small entities. The re-insertion of this regulatory text is
not expected to have direct adverse economic effects on a substantial
number of small entities because it is an administrative correcting
action. The final rule that originally published the regulation was
certified to not have a significant economic impact on a substantial
number of small entities, and the public may believe the omitted text
is already included in the regulations. This change is needed to ensure
that the public is aware of the correct recreational harvest limit
(quota) and accountability measures for recreationally-caught Gulf red
snapper.
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries, NOAA, finds good cause to waive prior notice and opportunity
for additional public comment for this correcting action because it
would be unnecessary and contrary to the public interest. Such
procedures are unnecessary because the public received notice and an
opportunity to comment on the proposed rules for the framework
amendment and Amendment 40 and the final rule for Amendment 40 included
this regulatory text. This final rule reinstates the regulatory text
that was inadvertently omitted from the correcting amendment that
published on September 28, 2015 (80 FR 58219). If this final rule was
delayed to allow for notice and opportunity for public comment, it
could cause confusion because the public believes that the omitted text
is already included in the regulations.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gulf of Mexico, Recreational, Red
snapper, Reef fish.
Dated: November 23, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, 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. 622.39, add paragraphs (a)(1)(i)(B)(1) and (2) to read as
follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(1) * * *
(i) * * *
(B) * * *
(1) NMFS will withhold distribution of 4.9 percent of the 2016 IFQ
allocation of red snapper commercial quota on January 1, 2016, totaling
352,000 lb (159,665 kg), round weight, of the 2016 red snapper
commercial quota specified in this paragraph (a)(1)(i)(B).
(2) As determined by NMFS, remaining 2016 IFQ allocation of red
snapper will be distributed to the current shareholders based on their
current shares held as of the date of distribution.
* * * * *
0
3. In Sec. 622.41, revise paragraph (q)(2)(i) to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(q) * * *
(2) * * *
(i) The recreational ACL is equal to the total recreational quota
specified in Sec. 622.39(a)(2)(i)(A). The AA will determine the length
of the red snapper recreational fishing season, or recreational fishing
seasons for the Federal charter vessel/headboat and private angling
components, based on when recreational landings are projected to reach
the recreational ACT, or respective recreational component ACT
specified in paragraph (q)(2)(iii) of this section, and announce the
closure date(s) in the Federal Register. These seasons will serve as
in-season accountability measures. On and after the effective date of
the recreational closure or recreational component closure
notifications, the bag and possession limit for red snapper or for the
respective component is zero. When the recreational sector or Federal
charter vessel/headboat component is closed, this bag and possession
limit applies in the Gulf on board a vessel for which a valid Federal
charter vessel/headboat permit for Gulf reef fish has been issued,
without regard to where such species were harvested, i.e., in state or
Federal waters.
* * * * *
[FR Doc. 2015-30194 Filed 11-25-15; 8:45 am]
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