Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Vermilion Snapper Rebuilding Plan, 33385-33390 [05-11391]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Rules and Regulations
interfere with ongoing security
assessment investigations and program
suitability determinations and impose
an impossible administrative burden by
requiring such investigations to be
continuously reinvestigated. The
information contained in the system
may also include classified information,
the release of which would pose a threat
to national defense and/or foreign
policy. In addition, permitting access
and amendment to such information
also could disclose sensitive security
information protected pursuant to 49
U.S.C. 114(s) and 49 CFR part 1520, the
disclosure of which could be
detrimental to transportation security.
(3) From subsection (e)(1) (Relevancy
and Necessity of Information) because
in the course of screening applicants for
program suitability, TSA must be able to
review information from a variety of
sources. What information is relevant
and necessary may not always be
apparent until after the evaluation is
completed. In the interests of
transportation security, it is appropriate
to include a broad range of information
that may aid in determining an
applicant’s suitability for the Registered
Traveler program.
(4) From subsections (e)(4)(G), (H) and
(I) (Agency Requirements), and (f)
(Agency Rules), because this system is
exempt from the access and amendment
provisions of subsection (d).
Issued in Arlington, Virginia, on May 24,
2005.
David M. Stone,
Assistant Secretary.
[FR Doc. 05–10632 Filed 6–7–05; 8:45 am]
BILLING CODE 4910–62–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 050228048–5144–02; I.D.
021705A]
RIN 0648–AS19
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Vermilion Snapper Rebuilding Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS issues this final rule to
implement Amendment 23 to the
Fishery Management Plan (FMP) for the
VerDate jul<14>2003
15:35 Jun 07, 2005
Jkt 205250
Reef Fish Resources of the Gulf of
Mexico (Amendment 23) prepared by
the Gulf of Mexico Fishery Management
Council (Council). This final rule
increases the minimum size limit for
vermilion snapper to 11 inches (28 cm),
total length (TL), for the recreational
and commercial sectors; establishes a
10–fish recreational bag limit for
vermilion snapper within the existing
20–fish aggregate reef fish bag limit; and
closes the commercial vermilion
snapper fishery from April 22 through
May 31 each year. In addition,
consistent with the requirements of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), Amendment
23 establishes a stock rebuilding plan,
biological reference points, and stock
status determination criteria for
vermilion snapper in the Gulf of
Mexico. The intended effect of this final
rule is to end overfishing and rebuild
the vermilion snapper resource.
DATES: This final rule is effective July 8,
2005.
ADDRESSES: Copies of the Regulatory
Impact Review (RIR), Final Regulatory
Flexibility Analyses (FRFA), Final
Supplemental Environmental Impact
Statement (FSEIS), and Record of
Decision (ROD) may be obtained from
the Southeast Regional Office, NMFS,
263 13th Avenue South, St. Petersburg,
FL 33701.
FOR FURTHER INFORMATION CONTACT:
Peter Hood, telephone: 727–551–5728,
fax: 727–824–5308, e-mail:
peter.hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery in the exclusive economic
zone (EEZ) of the Gulf of Mexico is
managed under the FMP. The FMP was
prepared by the Council and is
implemented under the authority of the
Magnuson-Stevens Act by regulations at
50 CFR part 622.
NMFS approved Amendment 23 on
May 23, 2005. NMFS published a
proposed rule to implement
Amendment 23 and requested public
comment on the proposed rule through
April 25, 2005 (70 FR 11600, March 9,
2005). The rationale for the measures in
Amendment 23 is provided in the
preamble to the proposed rule and is not
repeated here.
Comments and Responses
Following is a summary of comments
received on Amendment 23 and the
associated proposed rule along with
NMFS’ responses.
Comment 1: Increasing the minimum
size from 10 inches (25.4 cm) to 11
inches (28.0 cm) total length and
establishing a commercial closed season
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
33385
from April 21 to May 31 will result in
high rates of discard mortality,
minimizing the effectiveness of harvest
reduction measures.
Response: All harvest reduction
measures examined in Amendment 23
have some associated discard mortality.
In evaluating the measures, the Council
balanced harvest reduction, the degree
of discard mortality, and the economic
efficacy of each alternative.
Increasing the minimum size to 11
inches (28 cm) would temporarily
increase the number of discards.
However, it also protects vermilion
snapper spawning by protecting
immature fish from harvest and allows
mature fish additional spawning
seasons. As time proceeds, the number
of discards should decrease somewhat
as the population rebuilds and larger
fish become more available.
The closed season for the commercial
fishery was requested by industry
representatives to avoid a 12–inch
minimum size limit, avoid trip limits,
and minimize the economic harm to
markets of an extended season closure.
To minimize the number of vermilion
snapper discarded when the commercial
red snapper season is open, the season
closure was designed to only span one
red snapper 10-day season (May 1
through May 10). The closed season will
have some positive effect on vermilion
snapper spawning because it covers the
beginning of the reproductive season.
Comment 2: Three comments were
received suggesting the recreational and
commercial fisheries should be closed at
the same time to halt illegal sale of
vermilion snapper by anglers when the
commercial season is closed.
Response: To sell reef fish, a valid
Federal commercial reef fish permit is
required. Reef fish can only be sold to
a dealer who has a valid Federal permit
for Gulf reef fish. Thus, the sale of
recreationally caught reef fish such as
vermilion snapper is illegal. While
keeping concurrent closed seasons for
the commercial and recreational
fisheries would aid enforcement of
illegal sales, the Council determined
that it preferred a year-round
recreational fishery. A recreational
closed season would only increase
bycatch mortality for this mainly nontarget species. To achieve the needed
harvest reductions, they chose to
increase the minimum size and decrease
the bag limit to provide protection to the
stock year-round.
The Council selected the closed
season for the commercial fishery based
on industry input. Commercial
fishermen opposed trip limits as a
means to achieve the required
reductions. They suggested one 40-day
E:\FR\FM\08JNR1.SGM
08JNR1
33386
Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Rules and Regulations
closed period would not affect product
value by reducing access to markets
once the season re-opened, and they
selected the closure to center on May
because harvest was highest, the
markets were glutted reducing
wholesale dockside prices, and fish
were aggregated for spawning and easy
to catch.
Comment 3: Five commenters
indicated Amendment 23 should
include alternatives for monitoring and
minimization of bycatch. They
suggested coordinating vermilion and
red snapper management practices
could minimize bycatch.
Response: The Council recently
approved, and NMFS is in the process
of implementing, additional bycatch
reporting methodologies in Amendment
22 to the FMP. These include the
development of an observer program
managed by NMFS for the reef fish
fishery and enhancement of the Marine
Recreational Fisheries Statistics Survey
(MRFSS) by including headboats, using
the same sampling methodology as used
for charter vessels. Given these
measures, NMFS does not see the need
for additional reporting requirements at
this time.
A bycatch practicability analysis was
conducted for the vermilion snapper
fishery in Amendment 23. The analysis
concluded that it is not practical to
further minimize bycatch in the directed
vermilion snapper fishery. The
economic and social costs and benefits
associated with management measures
intended to sustain the stock outweigh
the benefits of trying to further
minimize bycatch. Although all of the
proposed harvest reduction measures
would increase bycatch to varying
degrees, increases in stock abundance
would exceed losses resulting from
bycatch, allowing the stock to rebuild to
BMSY. Additionally, because vermilion
snapper constitute a small directed
fishery, it is not expected that bycatch
reduction measures would greatly affect
other reef fish species caught as bycatch,
such as red snapper.
Linking vermilion snapper
management to red snapper
management, for example, through
establishment of concurrent fishing
seasons, would be one way to minimize
vermilion snapper bycatch. However,
for both the recreational and
commercial vermilion snapper fisheries,
this would result in greater reductions
in harvest than required by the
rebuilding plan. For the commercial
fishery, the reductions in harvest would
be well over 50 percent, and for the
recreational fishery, the reduction
would be approximately 30 percent
(based on landings data presented in
VerDate jul<14>2003
15:35 Jun 07, 2005
Jkt 205250
Table 4.2.3.1.8 in Amendment 23). The
reduction required by the vermilion
snapper rebuilding plan is 26.3 percent
for the commercial fishery and 21.5
percent for the recreational fishery.
An additional factor complicating comanagement of these species is that
vermilion snapper is a minor
component of the reef fish fishery and
so is generally not targeted. This means
vermilion snapper are likely to be
caught on reef fish trips targeting
species other than red snapper, such as
grouper and amberjack. If the seasons
for red snapper and vermilion snapper
are linked, then reef fish fishermen
catching vermilion snapper during the
closed season would have to discard
those fish. This could actually lead to an
increase in the bycatch mortality of
vermilion snapper.
Finally, an individual fishing quota
(IFQ) management system is being
developed for the commercial red
snapper fishery. IFQs, if implemented,
would give individual fishermen shares
in the fishery that they could fish
anytime during the fishing year. This
would result in the elimination of
seasonal closures for the commercial red
snapper fishery.
Comment 4: Five comments were
received suggesting the rebuilding
period for the stock should be shorter
than the currently proposed maximum
allowable time period.
Response: The Council evaluated
rebuilding periods shorter than the
allowed maximum of 10 years. In
selecting a rebuilding plan, it is
necessary to balance the conservation
mandate provided by national standard
1 with the directive provided by
national standard 8 to minimize to the
extent practicable adverse economic
impacts on fishing communities.
A 3-year rebuilding period that used
a no-harvest strategy was not practicable
because it required eliminating all
discard mortality from directed and
non-directed fisheries, would actually
increase discard mortality dramatically
because all unavoidable commercial and
recreational catch would have to be
released, and would cause major
economic and social hardships on the
directed fishery.
The Council also evaluated 7-year
rebuilding plans. While they would end
overfishing within one year after the
rebuilding plans are implemented and
would provide a quicker recovery of the
stock, the initial reductions in harvest
would be approximately 30 percent or
greater. This initial reduction in harvest
would create too much of a negative
short-term impact on the economic and
social environment of the fishery.
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
Comment 5: Three comments
indicated that the reductions in harvest
applied to the commercial and
recreational fisheries are not fair and
equitable.
Response: As stated in Amendment
23, the rebuilding plan requires acrossthe-board reductions in harvest of 25.5
percent for the proposed rebuilding
plan. However, the Council noted that
the vermilion snapper harvest increased
dramatically during the late 1980s and
early 1990s due primarily to increases
in commercial harvest. This increase is
believed to have created the overfishing
and overfished conditions that are
addressed by Amendment 23. Thus, the
Council determined some shift of the
socioeconomic costs of rebuilding to the
commercial fishery was needed. The
reduction assigned to the recreational
fishery was 21.5 percent, which
required an increased harvest reduction
for the commercial fishery of 26.3
percent. In comparison to the acrossthe-board 25.5 percent reduction
requirement in the rebuilding plan, the
percent increase in the reduction for the
commercial fishery (1.3 percent more
than 25.5 percent) is lower than the
percent decrease in the recreational
fishery (3.5 percent less than 25.5
percent) because most landings are by
the commercial sector.
Comment 6: The analysis of the
alternatives is based on an uncertain
assessment model and uses outdated
information rather than relying on the
best scientific data available.
Response: Amendment 23 is based on
the best available scientific information
and accordingly will establish a 10-year
vermilion snapper rebuilding plan
ending overfishing and rebuild the stock
to BMSY. The Council’s Reef Fish Stock
Assessment Panel (RFSAP) examined
several models developed and analyzed
as part of the assessment. The RFSAP
determined the surplus production
models, which tracked total fish
biomass rather than separating them
into age classes, were more appropriate
because of difficulties in the age-length
relationship for vermilion snapper.
Moreover, the RFSAP chose what was
termed the base model as the best model
because of its relatively good fit to the
observed data.
The rebuilding time frame and harvest
reduction measures were developed
from the base model for the stock
assessment. However, running the
assessment model to project future
outcomes was complicated by new data
collected since 1999 that suggest the
stock is in better condition than
predicted. These extended indices
suggested vermilion snapper has either
stabilized or increased since 1999.
E:\FR\FM\08JNR1.SGM
08JNR1
Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Rules and Regulations
Stock assessments are based on
complex models that take in a variety of
fishery information, integrating
estimates of stock abundance with
fishing effort to project how many fish
may be caught for various time periods.
It is difficult to evaluate the effects of
new information without conducting a
new assessment. Therefore, to estimate
harvest reductions, fishing mortality
rates from 2000–2003 were assumed to
remain at the 1999 levels. New data
were incorporated into the harvest
levels by scaling up harvests from 2003
and into the future by the amount the
2000–2002 harvests exceeded those
predicted by the 2001 assessment
model. This approach was more
conservative than if harvest and biomass
levels had been scaled up to reflect
recent harvests and catch-per-unit-effort
values, but not so restrictive had recent
harvest data been used in the model
without any scaling.
A new stock assessment will occur
later in 2005 using the Southeast Data
Assessment and Review (SEDAR)
process. The results of this assessment
will be presented to the Council and
NMFS in either late 2005 or early 2006.
Based on the assessment outcome, the
development of new management
measures may be needed to maintain
harvest levels consistent with the
rebuilding plan. A description of how
the Council and NMFS would review
and adjust the rebuilding plan, either
through a plan amendment, regulatory
amendment, interim rule, or emergency
action, is contained in the amendment.
Comment 7: One commenter
indicated the SEIS fails to meet several
basic standards required of all EISs
according to Federal regulations,
particularly not providing a full range of
management options.
Response: NMFS, Council, and
Environmental Protection Agency (EPA)
staff have extensively reviewed the SEIS
for consistency with NEPA. In its review
of the draft and final SEIS, the EPA
rated both versions of the document
with a ‘‘lack of objection.’’ Additionally,
the scoping and public hearing drafts of
this document have been made available
for public review and comment.
The Council initially examined a
variety of rebuilding plans, but some of
these were rejected for further analyses
for a variety of reasons. A 3-year
rebuilding plan, the time needed to
rebuild the vermilion snapper stock to
BMSY in 3 years in the absence of any
fishing, was considered. However, this
plan was rejected because zero harvest
would cause major economic and social
hardship on the recreational for-hire
and commercial fisheries. The Council
also evaluated three 10-year rebuilding
VerDate jul<14>2003
15:35 Jun 07, 2005
Jkt 205250
plans and three 7-year rebuilding plans
that had to be modified after landing
estimates were revised to account for
new fishing effort information. Finally,
the Council rejected two 7-year constant
harvest rebuilding plans because they
did not provide much additional benefit
over the 10-year constant harvest
rebuilding plan.
The Council also initially considered
several harvest reduction measures. The
Council chose a 10-year stepped
rebuilding strategy that required
approximately a 25.5–percent reduction
in total harvest during the first 4 years.
Alternatives that either did not meet or
significantly exceeded the percent
reduction necessary for the stepped
rebuilding strategy were removed from
further consideration. While all harvest
reductions cause hardship during the
first 5 years of implementation, those
greater than 30 percent were believed
too disruptive early in the rebuilding
process because the biological gains at
the end of the rebuilding time were all
the same. All of the tools available for
reducing harvest (bag, trip, size, season,
and quota options) remain as considered
alternatives but are within the range of
21.5 to 30.0 percent, depending on the
option.
There are other tools that can reduce
effective harvest, such as closing
essential fish habitat for vermilion
snapper (e.g., marine protected areas
(MPAs)) or mandating gear changes
(e.g., minimum hook size or number of
hooks per line). These were considered
by the Council, but deemed impractical
because this species comprises less than
10 percent of the species harvested in
the reef fish fishery. Any measures to
implement MPAs or gear changes would
affect other managed species in the reef
fish management unit as well as those
in other finfish fisheries.
Comment 8: One commenter
suggested Amendment 23 should have
include ecosystem-based management
alternatives to reduce harvest.
Response: The Council did consider
ecosystem-based forms of management
such as MPAs and fishing gear
restrictions. Vermilion snapper, like
most other snappers, do not seem to
have well-established, small geographic
niches where spawning occurs. Broad
areas of hard bottom would have to be
closed to significantly benefit vermilion
snapper spawning or essential fish
habitat, and these areas would
encompass habitat used for similar
purposes by nearly all other reef fish
species. The Council also considered
changes to reef fish fishing gear such as
increasing hook size or reducing the
number of hooks per line. However,
these methods, like MPAs, would affect
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
33387
the harvest of any other species in the
fishing area and therefore were not
considered in this amendment, which is
specific to only one species in the reef
fish management unit. These types of
management tools are appropriate for
broad use for protection of essential fish
habitat and reduction of effort and
bycatch in the reef fish fishery.
Comment 9: One commenter
indicated there should be a 10- percent
reduction in the vermilion snapper total
allowable catch.
Response: To rebuild the vermilion
snapper stock, current harvests need to
be reduced overall by 25.5 percent. This
reduction will allow the vermilion
snapper stock to rebuild. Once the stock
has been rebuilt, the stock will be
managed for optimum yield. This
harvest level will be maintained by
fishing 75 percent of FMSY. This should
result in approximately 94 percent of
MSY. While this reduction is not quite
the 10 percent requested by the
commenter, the stock biomass will be
able to build to approximately 25
percent above BMSY, and the chance the
stock will become overfished will be
less than 30 percent.
Comment 10: One commenter
suggested the Council and NMFS do not
need to adhere to the 1-year deadline to
submit a plan for ending overfishing
and rebuilding an overfished stock (16
U.S.C. 1854(e)(3)) if updated
information on the stock will soon be
available and the Council and NMFS
have shown substantial progress in
developing the plan.
Response: The Magnuson-Stevens Act
states that if the Secretary determines at
any time that a fishery is overfished, the
appropriate Council will be notified,
and the Secretary will request action be
taken to end overfishing in the fishery
and to implement conservation and
management measures to rebuild
affected stocks of fish. The Council then
has 1 year to prepare a fishery
management plan, plan amendment, or
proposed regulations for the fishery to
end overfishing and rebuild affected
stocks. The Magnuson-Stevens Act also
states that, if the Council does not
submit a fishery management plan, plan
amendment, or proposed regulations to
the Secretary within the 1-year period
after a fishery is declared overfished, the
Secretary shall prepare a fishery
management plan or plan amendment
and any accompanying regulations to
stop overfishing and rebuild affected
stocks of fish within 9 months.
Comment 11: One commenter
suggested enforcement should be
increased to ensure regulations are
followed in the fishery.
E:\FR\FM\08JNR1.SGM
08JNR1
33388
Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Rules and Regulations
Response: Regulations promulgated
through this final rule include size
limits, bag limits, and seasonal closures.
Currently the vermilion snapper fishery
is regulated using size and bag limits, so
these two measures should not create an
increased enforcement burden. Seasonal
closures have been used successfully to
manage other reef fish species such as
red snapper, red grouper, gag, black
grouper, and greater amberjack. Adding
vermilion snapper to this list will
require carefully monitoring of fishing
activities for this species to determine
compliance with regulations. However,
new methods beyond current practices
would not need to be developed.
NMFS’ Office for Law Enforcement
(OLE) is dedicated primarily to the
enforcement of laws that protect and
regulate our nation’s living marine
resources and their natural habitat. To
better utilize resources, OLE has
developed partnerships with the U.S.
Coast Guard, other Federal enforcement
agencies, and state marine enforcement
agencies.
Classification
The Administrator, Southeast Region,
NMFS, has determined Amendment 23
is necessary for the conservation and
management of the vermilion snapper
fishery and is consistent with the
Magnuson-Stevens Act and other
applicable laws.
The Council and NMFS prepared an
FSEIS for Amendment 23. The FSEIS
was filed with the Environmental
Protection Agency on March 3, 2005. A
notice of availability was published on
March 11, 2005 (70 FR 12211). In
approving Amendment 23, on May 23,
2005, NMFS issued a ROD identifying
the selected alternatives. A copy of the
ROD is available from NMFS (see
ADDRESSES).
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
NMFS prepared a Final Regulatory
Flexibility Analyses (FRFA). The FRFA
incorporates the initial regulatory
flexibility analysis and a summary of
the analyses completed to support the
action. Three commenters expressed
concern regarding the economic impact
of this rule (see Comment 5). They
stated that applying a greater percentage
reduction to commercial harvest than to
recreational harvest is not fair and
equitable. NMFS’ response explains that
a slightly higher percentage harvest
reduction (about a 4–percent difference)
was applied to the commercial sector
because commercial landings increased
significantly during the early 1990s and,
thus, contributed more to the
overfishing of vermilion snapper than
VerDate jul<14>2003
15:35 Jun 07, 2005
Jkt 205250
did recreational harvest. For that reason,
the slightly higher percent reduction
was justified and appropriate.
Therefore, no changes were made in the
rule as a result of these comments. A
summary of the FRFA follows.
The Magnuson-Stevens Act provides
the statutory basis for this final rule.
This final rule will set specific
sustainable fishing parameters for
vermilion snapper and establish a
rebuilding plan for the overfished
vermilion snapper stock.
The objectives of this final rule are to
bring management of the vermilion
snapper fishery into compliance with
requirements of the Magnuson-Stevens
Act by addressing the overfished and
overfishing conditions of the vermilion
snapper stock and establishing a
rebuilding plan for the overfished
vermilion snapper stock.
This final rule contains no changes in
record-keeping or compliance
requirements.
This final rule would impact both the
commercial and recreational
participants in the Gulf reef fish fishery.
At present, both the commercial and forhire reef fish permits are under a
moratorium, and no new permits will be
issued during the moratorium. Reef fish
dealers in the Gulf are required to obtain
permits to purchase reef fish caught in
the Gulf. There are 1,158 active
commercial reef fish permits (as of
October 2003). Of these commercial
permitees, 441 vessels reported in their
logbook submissions to have landed
vermilion snapper, with most using
vertical line gear. There are 1,552 forhire vessels with active permits (as of
October 2003). Also, there are 431
dealers that purchase reef fish from
various vessels in the Gulf. This final
rule is expected to affect these
commercial vessels, for-hire vessels, and
fish dealers.
According to a survey of commercial
fishing vessels in the Gulf, average gross
receipts ranged from $24,095 for lowvolume vertical line vessels to $116,989
for high-volume longline vessels. The
average reef fish vessel generated annual
gross revenues of $65,200, of which
$7,400 was from sales of vermilion
snapper. Also, according to a survey of
reef fish processors in the Southeast,
employment by reef fish processors
totaled 700 individuals, both part and
full time. Given this number and the
likelihood that fish dealers are generally
of smaller size than processors,
employment by any of the affected
dealers is very likely to be less than 500
individuals. Furthermore, according to
two surveys of for-hire vessels in the
Gulf, average gross receipts for
charterboats range from $58,000 in the
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
eastern Gulf to $81,000 in the western
Gulf, or an overall average of $64,000.
Gross receipts for headboats range from
$281,000 in the eastern Gulf to $550,000
in the western Gulf, or an overall
average of $400,000. A fishing business
is considered a small entity if it is
independently owned and operated and
not dominant in its field of operation,
and if it has annual receipts not in
excess of $3.5 million in the case of
commercial harvesting entities or $6.0
million in the case of for-hire entities,
or if it has fewer than 500 employees in
the case of fish processors, or fewer than
100 employees in the case of fish
dealers. Given these data on earnings
and employment, all of the business
entities affected by this final rule are
small business entities.
By themselves, measures for
specifying sustainable fishing
parameters have no economic impacts
on small entities. These specifications
simply establish the boundaries for
management measures that may need to
be implemented. Effects would be
quantified and addressed, and
appropriate analyses would be
performed, when such management
measures are considered.
Five rebuilding alternatives were
considered. Alternative 1 is the no
action alternative and is not considered
a viable alternative because, pursuant to
the Magnuson-Stevens Act, a rebuilding
plan must be instituted for the
overfished vermilion snapper stock.
Alternative 2 is a 10-year rebuilding
plan using a constant harvest strategy.
Alternative 3, which is the measure
specified in this final rule, is a 10-year
rebuilding plan using a stepped strategy.
Alternative 4 is a 10-year rebuilding
plan using a constant fishing mortality
strategy. Alternative 5 is a 7-year
rebuilding plan using a stepped strategy.
As all alternatives require harvest
reductions, at least in the initial years of
the rebuilding, all would result in
negative short-term impacts, but, as the
stock rebuilds, more positive benefits
would be realized. Over the short-run,
Alternative 2 results in the least
negative impacts, followed by
Alternative 3. Over time, Alternative 2
would provide the lowest overall
economic impact on small entities.
Alternatives 4 and 5 would provide
higher positive economic impacts than
Alternative 3 over a period of 10 years,
but, in the early years of the rebuilding,
these two alternatives would bring
about more negative effects on small
entities. Over the entire period
considered, the various rebuilding
alternatives may be ranked in
descending order in terms of net
economic impacts as follows:
E:\FR\FM\08JNR1.SGM
08JNR1
Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Rules and Regulations
Alternative 5, Alternative 4, Alternative
3, Alternative 2, and Alternative 1.
Measures to reduce harvest of the
recreational and commercial sectors
have direct and immediate impacts of
the operations of small entities. Six
recreational management measure
alternatives were considered.
Alternative 1 is the no action
alternative, which does not effect any
harvest reduction. Alternative 2
provides for a daily bag limit of 2 fish
per person within the existing 20–reef
fish aggregate bag limit. Alternative 3A,
which is the measure specified in the
rule, imposes a minimum size limit of
11 inches (28 cm) total length (TL) with
a 10–fish daily bag limit per person
within the existing 20–reef fish
aggregate bag limit. Alternative 3B
imposes a minimum size limit of 11
inches (28 cm) TL with a 7–fish daily
bag limit per person within the existing
20–reef fish aggregate bag limit.
Alternative 4 considers the implicit
recreational allocation of total allowable
catch as a quota and would subject the
recreational fishery to possible quota
closures. Alternative 5 requires a
vermilion snapper seasonal closure from
May 1 to June 21 annually. Alternative
4 provides the most net revenues to forhire vessels in both the short term and
the long term. A good deal of this effect,
however, is due to the higher allocation
given to the recreational sector. All
other alternatives, including Alternative
3A, would generate short-term
reductions but long-term increases in
vessel net revenues. Alternative 3A
results in the highest negative impacts
in the short term and the lowest positive
impacts in the long term. Alternative 3A
would reduce for-hire vessel profits by
$2.29 million ($1,476 per vessel) in the
first 5 years of the rebuilding but would
increase profits by $5.05 million ($3,254
per vessel) in the subsequent rebuilding
period, resulting in an overall increase
in profits by $2.76 million ($1,778 per
vessel) for the entire 10-year rebuilding
period.
Eight commercial management
alternatives were considered.
Alternative 1 is the no action
alternative. Alternative 2 provides for a
trip limit option of 1,625 lb (737 kg) of
vermilion snapper. Alternative 3
imposes a minimum size limit of 12
inches (30.5 cm) TL. Alternative 4A
imposes an 11–inch (28–cm) TL
minimum size limit together with a trip
limit of 2,300 lb (1,043 kg) of vermilion
snapper. Alternative 4B imposes an 11–
inch (28–cm) TL minimum size limit
together with a trip limit of 2,250 lb
(1,021 kg) of vermilion snapper.
Alternative 5 imposes a quota
equivalent to a 67–percent allocation of
VerDate jul<14>2003
15:35 Jun 07, 2005
Jkt 205250
total allowable catch, thereby
potentially subjecting the commercial
fishery to quota closures. Alternative 6
provides for a vermilion snapper
seasonal closure of August 1 through
September 30 and December 1 through
31 annually. Alternative 7, which is the
measure specified in the rule, imposes
an 11–inch (28–cm) TL size limit and a
40-day closed season from April 22
through May 31. All alternatives would
result in negative effects in the short
term. Over the 10-year period, the
seasonal closure (Alternative 6), the
quota (Alternative 5), and the 11–inch
TL minimum size along with the 40-day
closure (Alternative 7) would result in
the largest increase in net revenues. Size
limit alternatives would result in the
least increase in net revenues. In fact,
the 12–inch (30.5–cm) TL minimum
size limit would reduce net revenues
over a 10-year period. Alternative 7
would reduce commercial vessel profits
by $1.37 million ($3,107 per vessel) in
the first 5 years of the rebuilding but
would increase profits by $2.85 million
($6,463 per vessel) in the subsequent
period, resulting in an overall increase
in profits by $1.47 million ($3,333 per
vessel) for the entire 10-year rebuilding
period.
Copies of the FRFA are available from
NMFS (see ADDRESSES).
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ As part of this
rulemaking process, NMFS prepared a
fishery bulletin, which also serves as a
small entity compliance guide. The
fishery bulletin will be sent to all permit
holders for the Gulf reef fish fishery.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: June 2, 2005.
Rebecca Lent,
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:
I
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
I
PO 00000
Authority: 16 U.S.C. 1801 et seq.
Frm 00055
Fmt 4700
Sfmt 4700
33389
2. In § 622.34, paragraph (n) is added
to read as follows:
I
§ 622.34 Gulf EEZ seasonal and/or area
closures.
*
*
*
*
*
(n) Seasonal closure of the
commercial fishery for vermilion
snapper. The commercial fishery for
vermilion snapper in or from the Gulf
EEZ is closed from April 22 through
May 31, each year. During the closure,
no person aboard a vessel for which a
valid Federal commercial permit for
Gulf reef fish has been issued may fish
for or possess vermilion snapper in the
Gulf, regardless of where harvested.
However, a person aboard a vessel for
which the permit indicates both charter
vessel/headboat for Gulf reef fish and
commercial Gulf reef fish may continue
to retain vermilion snapper under the
bag and possession limits specified in
§ 622.39(b)(1)(v) and (b)(2), respectively,
provided the vessel is operating as a
charter vessel or headboat. During the
closure, the sale or purchase of
vermilion snapper is prohibited as
specified in § 622.45(c)(5).
*
*
*
*
*
I 3. In § 622.37, paragraph (d)(1)(ii) is
revised to read as follows:
§ 622.37
Size limits.
*
*
*
*
*
(d) * * *
(1) * * *
(ii) Vermilion snapper--11 inches
(27.9 cm), TL.
*
*
*
*
*
I 4. In § 622.39, paragraph (b)(1)(v) is
revised to read as follows:
§ 622.39
Bag and possession limits.
*
*
*
*
*
(b) * * *
(1) * * *
(v) Gulf reef fish, combined,
excluding those specified in paragraphs
(b)(1)(i) through (b)(1)(iv) and
paragraphs (b)(1)(vi) through (b)(1)(vii)
of this section and excluding dwarf sand
perch and sand perch--20, but not to
exceed 10 vermilion snapper.
*
*
*
*
*
I 5. In § 622.45, paragraph (c)(5) is added
to read as follows:
§ 622.45
Restrictions on sale/purchase.
*
*
*
*
*
(c) * * *
(5) From April 22 through May 31,
each year, no person may sell or
purchase vermilion snapper harvested
from the Gulf by a vessel with a valid
Federal commercial permit for Gulf reef
fish. This prohibition on sale/purchase
does not apply to vermilion snapper
E:\FR\FM\08JNR1.SGM
08JNR1
33390
Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Rules and Regulations
that were harvested, landed ashore, and
sold prior to April 22 and were held in
cold storage by a dealer or processor.
*
*
*
*
*
[FR Doc. 05–11391 Filed 6–7–05; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 679 and 680
[Docket No. 040831251–5138–04; I.D.
082504A]
RIN 0648–AS47
Fisheries of the Exclusive Economic
Zone Off Alaska; Allocating Bering Sea
and Aleutian Islands King and Tanner
Crab Fishery Resources; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correcting
amendment.
AGENCY:
SUMMARY: NMFS issues this final rule,
correcting amendment to the regulations
governing the Bering Sea and Aleutian
Islands crab fisheries. This action is
necessary to clarify procedures and to
correct discrepancies provided in a
previous rulemaking. This final rule is
intended to promote the goals and
objectives of the Fishery Management
Plan for Bering Sea/Aleutian Islands
(BSAI) King and Tanner Crabs (FMP),
the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), and other
applicable law.
DATES: Effective April 1, 2005.
FOR FURTHER INFORMATION CONTACT:
Patsy A. Bearden, 907–586–7008 or
patsy.bearden@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
In January 2004, the U.S. Congress
amended section 313(j) of the
Magnuson-Stevens Act through the
Consolidated Appropriations Act of
2004 (Pub. L. 108–199, section 801). As
amended, section 313(j)(1) requires the
Secretary of Commerce to approve and
implement by regulation the Crab
Rationalization Program (Program), as it
was approved by the North Pacific
Fishery Management Council (Council)
between June 2002 and April 2003, and
all trailing amendments, including those
reported to Congress on May 6, 2003. In
June 2004, the Council consolidated its
actions on the Program into the Council
VerDate jul<14>2003
15:35 Jun 07, 2005
Jkt 205250
motion, which is contained in its
entirety in Amendment 18.
Additionally, in June 2004, the Council
developed Amendment 19, which
represents minor changes necessary to
implement the Program. The Notice of
Availability for these amendments was
published in the Federal Register on
September 1, 2004 (69 FR 53397). NMFS
published a proposed rule to implement
Amendments 18 and 19 on October 29,
2004 (69 FR 63200). NMFS approved
Amendments 18 and 19 on November
19, 2004. NMFS published a final rule
to implement Amendments 18 and 19
on March 2, 2005 (70 FR 10174). NMFS
also published a final rule (March 18,
2005; 70 FR 13097) to correct OMB
control numbers provided in the final
rule dated March 2, 2005 (70 FR 10174).
Need for Corrections
NOAA seeks to ensure the final rule
(March 2, 2005; 70 FR 10174) conforms
to the statutory requirements and intent
of the Program, to provide clarification
regarding the Program’s regulatory
requirements, and to correct minor
technical errors.
1. Statutory Conformance Corrections
These corrections are made to
sections of the rule that do not currently
conform to the statutory requirements of
the Program. Some of the dates specified
in the final rule for qualifying years and
eligibility years were incorrect. This
correction ensures that the final rule
conforms to statutory requirements.
Table 7 to Part 680
For the Bristol Bay red king crab
(BBR) Quota Share (QS) fishery, the
participation seasons for Catcher Vessel
Crew (CVC) and Catcher/processor Crew
(CPC) QS are corrected by adding the
year 1999 and removing the year 2002.
On page 10293, row 1 (BBR), column D,
paragraph (3) is removed. On page
10293, row 1 (BBR), column D,
paragraph (2) is redesignated as
paragraph (3), ‘‘October 15, 2001
through October 18, 2001.’’ On page
10293, row 1 (BBR), column D,
paragraph (1) is redesignated as
paragraph (2), ‘‘October 16, 2000
through October 20, 2000.’’ On page
10293, row 1 (BBR), column D, a new
paragraph (1) is added, ‘‘October 15,
1999 through October 20, 1999.’’
For the Bering Sea snow crab (BSS)
QS fishery, the 1998 qualifying year for
QS and the 1998 eligibility year for CVC
and CPC QS are corrected. On page
10293, row 2 (BSS), columns B and C,
paragraphs (3) are amended by
removing ‘‘March 21, 1998’’ and adding
in its place ‘‘March 20, 1998.’’
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
For the Bering Sea Tanner crab (BST)
QS fishery, the qualifying years for CVC
and CPC QS are corrected. The 1991/
1992 year was inadvertently omitted
from the qualifying years and is added
by this rule. The year November 1, 1993
through November 10, 1993 is combined
with the year November 20, 1993
through January 1, 1994. On page 10293,
row 3 (BST), column B, paragraphs (2)
and (3) are combined as new paragraph
(3), ‘‘November 1, 1993 through
November 10, 1993, and November 20,
1993 through January 1, 1994.’’ On page
10293, row 3 (BST), column B,
paragraph (1) is redesignated as
paragraph (2), ‘‘November 15, 1992
through March 31, 1993.’’ On page
10293, row 3 (BST), column B, new
paragraph (1) is added, ‘‘November 15,
1991 through March 31, 1992.’’ This
date was inadvertently omitted in the
final rule.
For the Eastern Aleutian Islands
golden king crab QS fishery (EAG), the
date for the 2000 eligibility year for CVC
and CPC QS is corrected. On page
10294, row 4 (EAG), column C,
paragraph (5) is amended by removing
‘‘September 25, 2000’’ and adding in its
place ‘‘September 24, 2000.’’
For the Western Aleutian Islands
golden king crab QS fishery (WAG), the
date for the 1997/1998 qualifying year
for QS, the date for the 2000/2001
qualifying year for QS, 2000/2001
eligibility year for CVC and CPC QS,
and the 2000/2001 recent participation
season for CVC and CPC QS are
corrected. On page 10294, row 7 (WAG),
column B, paragraph (2) is amended by
removing ‘‘August 21, 1998’’ and adding
in its place ‘‘August 31, 1998.’’ On page
10294, row 7 (WAG), columns B and C,
paragraphs (5) and column D, paragraph
(2), are amended by removing ‘‘March
28, 2001’’ and adding in its place ‘‘May
28, 2001.’’
For the Western Aleutian Islands red
king crab QS fishery (WAI), the date for
the 1993/1994 eligibility year for CVC
and CPC QS is corrected and two
typographical errors are corrected. On
page 10295, row 8 (WAI), column C,
paragraph (2) is amended by removing
‘‘November 1, 1995’’ and adding in its
place ‘‘November 1, 1993.’’ On page
10295, row 8 (WAI), column C, the
introductory paragraph is amended by
removing a duplicate paragraph ‘‘3 of
the 4 seaons beginning on:’’ On page
10295, row 8 (WAI), column D, the
introductory paragraph is amended by
removing ‘‘fishiers’’ and adding in its
place ‘‘fisheries.’’
Table 9 to Part 680
For the Bering Sea Tanner crab QS
fishery (BSS), the date of the 1998 initial
E:\FR\FM\08JNR1.SGM
08JNR1
]]>Agencies
[Federal Register Volume 70, Number 109 (Wednesday, June 8, 2005)]
[Rules and Regulations]
[Pages 33385-33390]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11391]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 050228048-5144-02; I.D. 021705A]
RIN 0648-AS19
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Vermilion Snapper Rebuilding
Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement Amendment 23 to the
Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf
of Mexico (Amendment 23) prepared by the Gulf of Mexico Fishery
Management Council (Council). This final rule increases the minimum
size limit for vermilion snapper to 11 inches (28 cm), total length
(TL), for the recreational and commercial sectors; establishes a 10-
fish recreational bag limit for vermilion snapper within the existing
20-fish aggregate reef fish bag limit; and closes the commercial
vermilion snapper fishery from April 22 through May 31 each year. In
addition, consistent with the requirements of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act),
Amendment 23 establishes a stock rebuilding plan, biological reference
points, and stock status determination criteria for vermilion snapper
in the Gulf of Mexico. The intended effect of this final rule is to end
overfishing and rebuild the vermilion snapper resource.
DATES: This final rule is effective July 8, 2005.
ADDRESSES: Copies of the Regulatory Impact Review (RIR), Final
Regulatory Flexibility Analyses (FRFA), Final Supplemental
Environmental Impact Statement (FSEIS), and Record of Decision (ROD)
may be obtained from the Southeast Regional Office, NMFS, 263 13\th\
Avenue South, St. Petersburg, FL 33701.
FOR FURTHER INFORMATION CONTACT: Peter Hood, telephone: 727-551-5728,
fax: 727-824-5308, e-mail: peter.hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef fish fishery in the exclusive
economic zone (EEZ) of the Gulf of Mexico is managed under the FMP. The
FMP was prepared by the Council and is implemented under the authority
of the Magnuson-Stevens Act by regulations at 50 CFR part 622.
NMFS approved Amendment 23 on May 23, 2005. NMFS published a
proposed rule to implement Amendment 23 and requested public comment on
the proposed rule through April 25, 2005 (70 FR 11600, March 9, 2005).
The rationale for the measures in Amendment 23 is provided in the
preamble to the proposed rule and is not repeated here.
Comments and Responses
Following is a summary of comments received on Amendment 23 and the
associated proposed rule along with NMFS' responses.
Comment 1: Increasing the minimum size from 10 inches (25.4 cm) to
11 inches (28.0 cm) total length and establishing a commercial closed
season from April 21 to May 31 will result in high rates of discard
mortality, minimizing the effectiveness of harvest reduction measures.
Response: All harvest reduction measures examined in Amendment 23
have some associated discard mortality. In evaluating the measures, the
Council balanced harvest reduction, the degree of discard mortality,
and the economic efficacy of each alternative.
Increasing the minimum size to 11 inches (28 cm) would temporarily
increase the number of discards. However, it also protects vermilion
snapper spawning by protecting immature fish from harvest and allows
mature fish additional spawning seasons. As time proceeds, the number
of discards should decrease somewhat as the population rebuilds and
larger fish become more available.
The closed season for the commercial fishery was requested by
industry representatives to avoid a 12-inch minimum size limit, avoid
trip limits, and minimize the economic harm to markets of an extended
season closure. To minimize the number of vermilion snapper discarded
when the commercial red snapper season is open, the season closure was
designed to only span one red snapper 10-day season (May 1 through May
10). The closed season will have some positive effect on vermilion
snapper spawning because it covers the beginning of the reproductive
season.
Comment 2: Three comments were received suggesting the recreational
and commercial fisheries should be closed at the same time to halt
illegal sale of vermilion snapper by anglers when the commercial season
is closed.
Response: To sell reef fish, a valid Federal commercial reef fish
permit is required. Reef fish can only be sold to a dealer who has a
valid Federal permit for Gulf reef fish. Thus, the sale of
recreationally caught reef fish such as vermilion snapper is illegal.
While keeping concurrent closed seasons for the commercial and
recreational fisheries would aid enforcement of illegal sales, the
Council determined that it preferred a year-round recreational fishery.
A recreational closed season would only increase bycatch mortality for
this mainly non-target species. To achieve the needed harvest
reductions, they chose to increase the minimum size and decrease the
bag limit to provide protection to the stock year-round.
The Council selected the closed season for the commercial fishery
based on industry input. Commercial fishermen opposed trip limits as a
means to achieve the required reductions. They suggested one 40-day
[[Page 33386]]
closed period would not affect product value by reducing access to
markets once the season re-opened, and they selected the closure to
center on May because harvest was highest, the markets were glutted
reducing wholesale dockside prices, and fish were aggregated for
spawning and easy to catch.
Comment 3: Five commenters indicated Amendment 23 should include
alternatives for monitoring and minimization of bycatch. They suggested
coordinating vermilion and red snapper management practices could
minimize bycatch.
Response: The Council recently approved, and NMFS is in the process
of implementing, additional bycatch reporting methodologies in
Amendment 22 to the FMP. These include the development of an observer
program managed by NMFS for the reef fish fishery and enhancement of
the Marine Recreational Fisheries Statistics Survey (MRFSS) by
including headboats, using the same sampling methodology as used for
charter vessels. Given these measures, NMFS does not see the need for
additional reporting requirements at this time.
A bycatch practicability analysis was conducted for the vermilion
snapper fishery in Amendment 23. The analysis concluded that it is not
practical to further minimize bycatch in the directed vermilion snapper
fishery. The economic and social costs and benefits associated with
management measures intended to sustain the stock outweigh the benefits
of trying to further minimize bycatch. Although all of the proposed
harvest reduction measures would increase bycatch to varying degrees,
increases in stock abundance would exceed losses resulting from
bycatch, allowing the stock to rebuild to BMSY.
Additionally, because vermilion snapper constitute a small directed
fishery, it is not expected that bycatch reduction measures would
greatly affect other reef fish species caught as bycatch, such as red
snapper.
Linking vermilion snapper management to red snapper management, for
example, through establishment of concurrent fishing seasons, would be
one way to minimize vermilion snapper bycatch. However, for both the
recreational and commercial vermilion snapper fisheries, this would
result in greater reductions in harvest than required by the rebuilding
plan. For the commercial fishery, the reductions in harvest would be
well over 50 percent, and for the recreational fishery, the reduction
would be approximately 30 percent (based on landings data presented in
Table 4.2.3.1.8 in Amendment 23). The reduction required by the
vermilion snapper rebuilding plan is 26.3 percent for the commercial
fishery and 21.5 percent for the recreational fishery.
An additional factor complicating co-management of these species is
that vermilion snapper is a minor component of the reef fish fishery
and so is generally not targeted. This means vermilion snapper are
likely to be caught on reef fish trips targeting species other than red
snapper, such as grouper and amberjack. If the seasons for red snapper
and vermilion snapper are linked, then reef fish fishermen catching
vermilion snapper during the closed season would have to discard those
fish. This could actually lead to an increase in the bycatch mortality
of vermilion snapper.
Finally, an individual fishing quota (IFQ) management system is
being developed for the commercial red snapper fishery. IFQs, if
implemented, would give individual fishermen shares in the fishery that
they could fish anytime during the fishing year. This would result in
the elimination of seasonal closures for the commercial red snapper
fishery.
Comment 4: Five comments were received suggesting the rebuilding
period for the stock should be shorter than the currently proposed
maximum allowable time period.
Response: The Council evaluated rebuilding periods shorter than the
allowed maximum of 10 years. In selecting a rebuilding plan, it is
necessary to balance the conservation mandate provided by national
standard 1 with the directive provided by national standard 8 to
minimize to the extent practicable adverse economic impacts on fishing
communities.
A 3-year rebuilding period that used a no-harvest strategy was not
practicable because it required eliminating all discard mortality from
directed and non-directed fisheries, would actually increase discard
mortality dramatically because all unavoidable commercial and
recreational catch would have to be released, and would cause major
economic and social hardships on the directed fishery.
The Council also evaluated 7-year rebuilding plans. While they
would end overfishing within one year after the rebuilding plans are
implemented and would provide a quicker recovery of the stock, the
initial reductions in harvest would be approximately 30 percent or
greater. This initial reduction in harvest would create too much of a
negative short-term impact on the economic and social environment of
the fishery.
Comment 5: Three comments indicated that the reductions in harvest
applied to the commercial and recreational fisheries are not fair and
equitable.
Response: As stated in Amendment 23, the rebuilding plan requires
across-the-board reductions in harvest of 25.5 percent for the proposed
rebuilding plan. However, the Council noted that the vermilion snapper
harvest increased dramatically during the late 1980s and early 1990s
due primarily to increases in commercial harvest. This increase is
believed to have created the overfishing and overfished conditions that
are addressed by Amendment 23. Thus, the Council determined some shift
of the socioeconomic costs of rebuilding to the commercial fishery was
needed. The reduction assigned to the recreational fishery was 21.5
percent, which required an increased harvest reduction for the
commercial fishery of 26.3 percent. In comparison to the across-the-
board 25.5 percent reduction requirement in the rebuilding plan, the
percent increase in the reduction for the commercial fishery (1.3
percent more than 25.5 percent) is lower than the percent decrease in
the recreational fishery (3.5 percent less than 25.5 percent) because
most landings are by the commercial sector.
Comment 6: The analysis of the alternatives is based on an
uncertain assessment model and uses outdated information rather than
relying on the best scientific data available.
Response: Amendment 23 is based on the best available scientific
information and accordingly will establish a 10-year vermilion snapper
rebuilding plan ending overfishing and rebuild the stock to
BMSY. The Council's Reef Fish Stock Assessment Panel (RFSAP)
examined several models developed and analyzed as part of the
assessment. The RFSAP determined the surplus production models, which
tracked total fish biomass rather than separating them into age
classes, were more appropriate because of difficulties in the age-
length relationship for vermilion snapper. Moreover, the RFSAP chose
what was termed the base model as the best model because of its
relatively good fit to the observed data.
The rebuilding time frame and harvest reduction measures were
developed from the base model for the stock assessment. However,
running the assessment model to project future outcomes was complicated
by new data collected since 1999 that suggest the stock is in better
condition than predicted. These extended indices suggested vermilion
snapper has either stabilized or increased since 1999.
[[Page 33387]]
Stock assessments are based on complex models that take in a
variety of fishery information, integrating estimates of stock
abundance with fishing effort to project how many fish may be caught
for various time periods. It is difficult to evaluate the effects of
new information without conducting a new assessment. Therefore, to
estimate harvest reductions, fishing mortality rates from 2000-2003
were assumed to remain at the 1999 levels. New data were incorporated
into the harvest levels by scaling up harvests from 2003 and into the
future by the amount the 2000-2002 harvests exceeded those predicted by
the 2001 assessment model. This approach was more conservative than if
harvest and biomass levels had been scaled up to reflect recent
harvests and catch-per-unit-effort values, but not so restrictive had
recent harvest data been used in the model without any scaling.
A new stock assessment will occur later in 2005 using the Southeast
Data Assessment and Review (SEDAR) process. The results of this
assessment will be presented to the Council and NMFS in either late
2005 or early 2006. Based on the assessment outcome, the development of
new management measures may be needed to maintain harvest levels
consistent with the rebuilding plan. A description of how the Council
and NMFS would review and adjust the rebuilding plan, either through a
plan amendment, regulatory amendment, interim rule, or emergency
action, is contained in the amendment.
Comment 7: One commenter indicated the SEIS fails to meet several
basic standards required of all EISs according to Federal regulations,
particularly not providing a full range of management options.
Response: NMFS, Council, and Environmental Protection Agency (EPA)
staff have extensively reviewed the SEIS for consistency with NEPA. In
its review of the draft and final SEIS, the EPA rated both versions of
the document with a ``lack of objection.'' Additionally, the scoping
and public hearing drafts of this document have been made available for
public review and comment.
The Council initially examined a variety of rebuilding plans, but
some of these were rejected for further analyses for a variety of
reasons. A 3-year rebuilding plan, the time needed to rebuild the
vermilion snapper stock to BMSY in 3 years in the absence of
any fishing, was considered. However, this plan was rejected because
zero harvest would cause major economic and social hardship on the
recreational for-hire and commercial fisheries. The Council also
evaluated three 10-year rebuilding plans and three 7-year rebuilding
plans that had to be modified after landing estimates were revised to
account for new fishing effort information. Finally, the Council
rejected two 7-year constant harvest rebuilding plans because they did
not provide much additional benefit over the 10-year constant harvest
rebuilding plan.
The Council also initially considered several harvest reduction
measures. The Council chose a 10-year stepped rebuilding strategy that
required approximately a 25.5-percent reduction in total harvest during
the first 4 years. Alternatives that either did not meet or
significantly exceeded the percent reduction necessary for the stepped
rebuilding strategy were removed from further consideration. While all
harvest reductions cause hardship during the first 5 years of
implementation, those greater than 30 percent were believed too
disruptive early in the rebuilding process because the biological gains
at the end of the rebuilding time were all the same. All of the tools
available for reducing harvest (bag, trip, size, season, and quota
options) remain as considered alternatives but are within the range of
21.5 to 30.0 percent, depending on the option.
There are other tools that can reduce effective harvest, such as
closing essential fish habitat for vermilion snapper (e.g., marine
protected areas (MPAs)) or mandating gear changes (e.g., minimum hook
size or number of hooks per line). These were considered by the
Council, but deemed impractical because this species comprises less
than 10 percent of the species harvested in the reef fish fishery. Any
measures to implement MPAs or gear changes would affect other managed
species in the reef fish management unit as well as those in other
finfish fisheries.
Comment 8: One commenter suggested Amendment 23 should have include
ecosystem-based management alternatives to reduce harvest.
Response: The Council did consider ecosystem-based forms of
management such as MPAs and fishing gear restrictions. Vermilion
snapper, like most other snappers, do not seem to have well-
established, small geographic niches where spawning occurs. Broad areas
of hard bottom would have to be closed to significantly benefit
vermilion snapper spawning or essential fish habitat, and these areas
would encompass habitat used for similar purposes by nearly all other
reef fish species. The Council also considered changes to reef fish
fishing gear such as increasing hook size or reducing the number of
hooks per line. However, these methods, like MPAs, would affect the
harvest of any other species in the fishing area and therefore were not
considered in this amendment, which is specific to only one species in
the reef fish management unit. These types of management tools are
appropriate for broad use for protection of essential fish habitat and
reduction of effort and bycatch in the reef fish fishery.
Comment 9: One commenter indicated there should be a 10- percent
reduction in the vermilion snapper total allowable catch.
Response: To rebuild the vermilion snapper stock, current harvests
need to be reduced overall by 25.5 percent. This reduction will allow
the vermilion snapper stock to rebuild. Once the stock has been
rebuilt, the stock will be managed for optimum yield. This harvest
level will be maintained by fishing 75 percent of FMSY. This
should result in approximately 94 percent of MSY. While this reduction
is not quite the 10 percent requested by the commenter, the stock
biomass will be able to build to approximately 25 percent above
BMSY, and the chance the stock will become overfished will
be less than 30 percent.
Comment 10: One commenter suggested the Council and NMFS do not
need to adhere to the 1-year deadline to submit a plan for ending
overfishing and rebuilding an overfished stock (16 U.S.C. 1854(e)(3))
if updated information on the stock will soon be available and the
Council and NMFS have shown substantial progress in developing the
plan.
Response: The Magnuson-Stevens Act states that if the Secretary
determines at any time that a fishery is overfished, the appropriate
Council will be notified, and the Secretary will request action be
taken to end overfishing in the fishery and to implement conservation
and management measures to rebuild affected stocks of fish. The Council
then has 1 year to prepare a fishery management plan, plan amendment,
or proposed regulations for the fishery to end overfishing and rebuild
affected stocks. The Magnuson-Stevens Act also states that, if the
Council does not submit a fishery management plan, plan amendment, or
proposed regulations to the Secretary within the 1-year period after a
fishery is declared overfished, the Secretary shall prepare a fishery
management plan or plan amendment and any accompanying regulations to
stop overfishing and rebuild affected stocks of fish within 9 months.
Comment 11: One commenter suggested enforcement should be increased
to ensure regulations are followed in the fishery.
[[Page 33388]]
Response: Regulations promulgated through this final rule include
size limits, bag limits, and seasonal closures. Currently the vermilion
snapper fishery is regulated using size and bag limits, so these two
measures should not create an increased enforcement burden. Seasonal
closures have been used successfully to manage other reef fish species
such as red snapper, red grouper, gag, black grouper, and greater
amberjack. Adding vermilion snapper to this list will require carefully
monitoring of fishing activities for this species to determine
compliance with regulations. However, new methods beyond current
practices would not need to be developed.
NMFS' Office for Law Enforcement (OLE) is dedicated primarily to
the enforcement of laws that protect and regulate our nation's living
marine resources and their natural habitat. To better utilize
resources, OLE has developed partnerships with the U.S. Coast Guard,
other Federal enforcement agencies, and state marine enforcement
agencies.
Classification
The Administrator, Southeast Region, NMFS, has determined Amendment
23 is necessary for the conservation and management of the vermilion
snapper fishery and is consistent with the Magnuson-Stevens Act and
other applicable laws.
The Council and NMFS prepared an FSEIS for Amendment 23. The FSEIS
was filed with the Environmental Protection Agency on March 3, 2005. A
notice of availability was published on March 11, 2005 (70 FR 12211).
In approving Amendment 23, on May 23, 2005, NMFS issued a ROD
identifying the selected alternatives. A copy of the ROD is available
from NMFS (see ADDRESSES).
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared a Final Regulatory Flexibility Analyses (FRFA). The
FRFA incorporates the initial regulatory flexibility analysis and a
summary of the analyses completed to support the action. Three
commenters expressed concern regarding the economic impact of this rule
(see Comment 5). They stated that applying a greater percentage
reduction to commercial harvest than to recreational harvest is not
fair and equitable. NMFS' response explains that a slightly higher
percentage harvest reduction (about a 4-percent difference) was applied
to the commercial sector because commercial landings increased
significantly during the early 1990s and, thus, contributed more to the
overfishing of vermilion snapper than did recreational harvest. For
that reason, the slightly higher percent reduction was justified and
appropriate. Therefore, no changes were made in the rule as a result of
these comments. A summary of the FRFA follows.
The Magnuson-Stevens Act provides the statutory basis for this
final rule. This final rule will set specific sustainable fishing
parameters for vermilion snapper and establish a rebuilding plan for
the overfished vermilion snapper stock.
The objectives of this final rule are to bring management of the
vermilion snapper fishery into compliance with requirements of the
Magnuson-Stevens Act by addressing the overfished and overfishing
conditions of the vermilion snapper stock and establishing a rebuilding
plan for the overfished vermilion snapper stock.
This final rule contains no changes in record-keeping or compliance
requirements.
This final rule would impact both the commercial and recreational
participants in the Gulf reef fish fishery. At present, both the
commercial and for-hire reef fish permits are under a moratorium, and
no new permits will be issued during the moratorium. Reef fish dealers
in the Gulf are required to obtain permits to purchase reef fish caught
in the Gulf. There are 1,158 active commercial reef fish permits (as of
October 2003). Of these commercial permitees, 441 vessels reported in
their logbook submissions to have landed vermilion snapper, with most
using vertical line gear. There are 1,552 for-hire vessels with active
permits (as of October 2003). Also, there are 431 dealers that purchase
reef fish from various vessels in the Gulf. This final rule is expected
to affect these commercial vessels, for-hire vessels, and fish dealers.
According to a survey of commercial fishing vessels in the Gulf,
average gross receipts ranged from $24,095 for low-volume vertical line
vessels to $116,989 for high-volume longline vessels. The average reef
fish vessel generated annual gross revenues of $65,200, of which $7,400
was from sales of vermilion snapper. Also, according to a survey of
reef fish processors in the Southeast, employment by reef fish
processors totaled 700 individuals, both part and full time. Given this
number and the likelihood that fish dealers are generally of smaller
size than processors, employment by any of the affected dealers is very
likely to be less than 500 individuals. Furthermore, according to two
surveys of for-hire vessels in the Gulf, average gross receipts for
charterboats range from $58,000 in the eastern Gulf to $81,000 in the
western Gulf, or an overall average of $64,000. Gross receipts for
headboats range from $281,000 in the eastern Gulf to $550,000 in the
western Gulf, or an overall average of $400,000. A fishing business is
considered a small entity if it is independently owned and operated and
not dominant in its field of operation, and if it has annual receipts
not in excess of $3.5 million in the case of commercial harvesting
entities or $6.0 million in the case of for-hire entities, or if it has
fewer than 500 employees in the case of fish processors, or fewer than
100 employees in the case of fish dealers. Given these data on earnings
and employment, all of the business entities affected by this final
rule are small business entities.
By themselves, measures for specifying sustainable fishing
parameters have no economic impacts on small entities. These
specifications simply establish the boundaries for management measures
that may need to be implemented. Effects would be quantified and
addressed, and appropriate analyses would be performed, when such
management measures are considered.
Five rebuilding alternatives were considered. Alternative 1 is the
no action alternative and is not considered a viable alternative
because, pursuant to the Magnuson-Stevens Act, a rebuilding plan must
be instituted for the overfished vermilion snapper stock. Alternative 2
is a 10-year rebuilding plan using a constant harvest strategy.
Alternative 3, which is the measure specified in this final rule, is a
10-year rebuilding plan using a stepped strategy. Alternative 4 is a
10-year rebuilding plan using a constant fishing mortality strategy.
Alternative 5 is a 7-year rebuilding plan using a stepped strategy. As
all alternatives require harvest reductions, at least in the initial
years of the rebuilding, all would result in negative short-term
impacts, but, as the stock rebuilds, more positive benefits would be
realized. Over the short-run, Alternative 2 results in the least
negative impacts, followed by Alternative 3. Over time, Alternative 2
would provide the lowest overall economic impact on small entities.
Alternatives 4 and 5 would provide higher positive economic impacts
than Alternative 3 over a period of 10 years, but, in the early years
of the rebuilding, these two alternatives would bring about more
negative effects on small entities. Over the entire period considered,
the various rebuilding alternatives may be ranked in descending order
in terms of net economic impacts as follows:
[[Page 33389]]
Alternative 5, Alternative 4, Alternative 3, Alternative 2, and
Alternative 1.
Measures to reduce harvest of the recreational and commercial
sectors have direct and immediate impacts of the operations of small
entities. Six recreational management measure alternatives were
considered. Alternative 1 is the no action alternative, which does not
effect any harvest reduction. Alternative 2 provides for a daily bag
limit of 2 fish per person within the existing 20-reef fish aggregate
bag limit. Alternative 3A, which is the measure specified in the rule,
imposes a minimum size limit of 11 inches (28 cm) total length (TL)
with a 10-fish daily bag limit per person within the existing 20-reef
fish aggregate bag limit. Alternative 3B imposes a minimum size limit
of 11 inches (28 cm) TL with a 7-fish daily bag limit per person within
the existing 20-reef fish aggregate bag limit. Alternative 4 considers
the implicit recreational allocation of total allowable catch as a
quota and would subject the recreational fishery to possible quota
closures. Alternative 5 requires a vermilion snapper seasonal closure
from May 1 to June 21 annually. Alternative 4 provides the most net
revenues to for-hire vessels in both the short term and the long term.
A good deal of this effect, however, is due to the higher allocation
given to the recreational sector. All other alternatives, including
Alternative 3A, would generate short-term reductions but long-term
increases in vessel net revenues. Alternative 3A results in the highest
negative impacts in the short term and the lowest positive impacts in
the long term. Alternative 3A would reduce for-hire vessel profits by
$2.29 million ($1,476 per vessel) in the first 5 years of the
rebuilding but would increase profits by $5.05 million ($3,254 per
vessel) in the subsequent rebuilding period, resulting in an overall
increase in profits by $2.76 million ($1,778 per vessel) for the entire
10-year rebuilding period.
Eight commercial management alternatives were considered.
Alternative 1 is the no action alternative. Alternative 2 provides for
a trip limit option of 1,625 lb (737 kg) of vermilion snapper.
Alternative 3 imposes a minimum size limit of 12 inches (30.5 cm) TL.
Alternative 4A imposes an 11-inch (28-cm) TL minimum size limit
together with a trip limit of 2,300 lb (1,043 kg) of vermilion snapper.
Alternative 4B imposes an 11-inch (28-cm) TL minimum size limit
together with a trip limit of 2,250 lb (1,021 kg) of vermilion snapper.
Alternative 5 imposes a quota equivalent to a 67-percent allocation of
total allowable catch, thereby potentially subjecting the commercial
fishery to quota closures. Alternative 6 provides for a vermilion
snapper seasonal closure of August 1 through September 30 and December
1 through 31 annually. Alternative 7, which is the measure specified in
the rule, imposes an 11-inch (28-cm) TL size limit and a 40-day closed
season from April 22 through May 31. All alternatives would result in
negative effects in the short term. Over the 10-year period, the
seasonal closure (Alternative 6), the quota (Alternative 5), and the
11-inch TL minimum size along with the 40-day closure (Alternative 7)
would result in the largest increase in net revenues. Size limit
alternatives would result in the least increase in net revenues. In
fact, the 12-inch (30.5-cm) TL minimum size limit would reduce net
revenues over a 10-year period. Alternative 7 would reduce commercial
vessel profits by $1.37 million ($3,107 per vessel) in the first 5
years of the rebuilding but would increase profits by $2.85 million
($6,463 per vessel) in the subsequent period, resulting in an overall
increase in profits by $1.47 million ($3,333 per vessel) for the entire
10-year rebuilding period.
Copies of the FRFA are available from NMFS (see ADDRESSES).
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' As part of this rulemaking process, NMFS prepared a fishery
bulletin, which also serves as a small entity compliance guide. The
fishery bulletin will be sent to all permit holders for the Gulf reef
fish fishery.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: June 2, 2005.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 622 is 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. 622.34, paragraph (n) is added to read as follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(n) Seasonal closure of the commercial fishery for vermilion
snapper. The commercial fishery for vermilion snapper in or from the
Gulf EEZ is closed from April 22 through May 31, each year. During the
closure, no person aboard a vessel for which a valid Federal commercial
permit for Gulf reef fish has been issued may fish for or possess
vermilion snapper in the Gulf, regardless of where harvested. However,
a person aboard a vessel for which the permit indicates both charter
vessel/headboat for Gulf reef fish and commercial Gulf reef fish may
continue to retain vermilion snapper under the bag and possession
limits specified in Sec. 622.39(b)(1)(v) and (b)(2), respectively,
provided the vessel is operating as a charter vessel or headboat.
During the closure, the sale or purchase of vermilion snapper is
prohibited as specified in Sec. 622.45(c)(5).
* * * * *
0
3. In Sec. 622.37, paragraph (d)(1)(ii) is revised to read as follows:
Sec. 622.37 Size limits.
* * * * *
(d) * * *
(1) * * *
(ii) Vermilion snapper--11 inches (27.9 cm), TL.
* * * * *
0
4. In Sec. 622.39, paragraph (b)(1)(v) is revised to read as follows:
Sec. 622.39 Bag and possession limits.
* * * * *
(b) * * *
(1) * * *
(v) Gulf reef fish, combined, excluding those specified in
paragraphs (b)(1)(i) through (b)(1)(iv) and paragraphs (b)(1)(vi)
through (b)(1)(vii) of this section and excluding dwarf sand perch and
sand perch--20, but not to exceed 10 vermilion snapper.
* * * * *
0
5. In Sec. 622.45, paragraph (c)(5) is added to read as follows:
Sec. 622.45 Restrictions on sale/purchase.
* * * * *
(c) * * *
(5) From April 22 through May 31, each year, no person may sell or
purchase vermilion snapper harvested from the Gulf by a vessel with a
valid Federal commercial permit for Gulf reef fish. This prohibition on
sale/purchase does not apply to vermilion snapper
[[Page 33390]]
that were harvested, landed ashore, and sold prior to April 22 and were
held in cold storage by a dealer or processor.
* * * * *
[FR Doc. 05-11391 Filed 6-7-05; 8:45 am]
BILLING CODE 3510-22-S
