Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Second Referendum Procedures for a Potential Gulf of Mexico Red Snapper Individual Fishing Quota Program, 913-915 [06-109]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 4 / Friday, January 6, 2006 / Notices
copies of the information collection
instrument and instructions should be
directed to Moira C. Kelly, National
Marine Fisheries Service, 1 Blackburn
Drive, Gloucester, MA 01930 (or
Moira.Kelly@noaa.gov.)
SUPPLEMENTARY INFORMATION:
cprice-sewell on PROD1PC66 with NOTICES
I. Abstract
A proposed emergency rule for the NE
Multispecies Fishery Management Plan
(FMP) was published in the Federal
Register on April 24, 2003 (68 FR
20096). The emergency rule was used to
continue management measures
specified in the Settlement Agreement
Among Certain Parties (Settlement
Agreement), which were implemented
as ordered by the U.S. District Court for
the District of Columbia (Court) in a
Remedial Order issued on May 23, 2002
(Order). The emergency rule included
several management measures designed
to reduce overfishing on species
managed under the NE Multispecies
FMP, including a Days-At-Sea (DAS)
Leasing Program, and was published in
order to continue the measures until the
implementation of Amendment 13.
The final rule for Amendment 13 to
the NE Multispecies FMP was published
in the Federal Register on April 27,
2004 (69 FR 22906). Amendment 13 was
developed by the New England Fishery
Management Council (Council)
primarily to end overfishing on all
groundfish stocks and to rebuild all
groundfish stocks that are overfished.
Amendment 13 included substantial
reductions in the amount of effort
available to target groundfish stocks.
Therefore, Amendment 13 resulted in
considerable reductions in the number
of DAS for NE multispecies vessels.
The reduction in the DAS allocated to
NE multispecies permit holders limited
the ability of some vessels to participate
in the fishery, resulting in a loss of
revenue and/or the ability to operate at
a profit. In order to mitigate some of the
adverse economic impacts of the effort
reductions, the DAS Leasing Program
was established by the Council, among
other provisions, in Amendment 13.
The DAS Leasing Program enables
vessels to increase their revenue by
either leasing additional DAS from
another vessel or using them to increase
their participation in the fishery, or by
leasing their allocated DAS that they
may not use to another vessel.
II. Method of Collection
Applications will be submitted by
mail.
III. Data
OMB Number: 0648–0475.
Form Number: None.
VerDate Aug<31>2005
15:23 Jan 05, 2006
Jkt 208001
Type of Review: Regular submission.
Affected Public: Business or other forprofit organizations; individuals or
households.
Estimated Number of Respondents:
1,400.
Estimated Time per Response: 5
minutes.
Estimated Total Annual Burden
Hours: 233.
Estimated Total Annual Cost to
Public: $1,176.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: December 30, 2005.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E5–8324 Filed 1–5–06; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 122905A]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Second
Referendum Procedures for a Potential
Gulf of Mexico Red Snapper Individual
Fishing Quota Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of referendum schedule.
AGENCY:
SUMMARY: NMFS issues this notice to
announce information about the
schedule for participating in a
referendum to determine whether an
individual fishing quota (IFQ) program
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
913
for the Gulf of Mexico commercial red
snapper fishery should be submitted to
the Secretary of Commerce (Secretary)
for review. The intended effect of the
IFQ program would be to reduce
overcapacity in the commercial red
snapper fishery and end the current
derby-type conditions that have resulted
from increasingly restrictive regulation.
ADDRESSES: Copies of supporting
documentation including the final rule
implementing these procedures (69 FR
6921, February 12, 2004), which
includes a regulatory impact review and
a Regulatory Flexibility Act Analysis,
are available from NMFS, Southeast
Regional Office, 263 13th Avenue S., St.
Petersburg, FL 33701.
FOR FURTHER INFORMATION CONTACT: Phil
Steele, telephone: 727–551–5784, fax:
727–824–5308, e-mail:
phil.steele@noaa.gov.
SUPPLEMENTARY INFORMATION: Under
section 407(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), the Gulf of
Mexico Fishery Management Council
(Council) is authorized to prepare and
submit a plan amendment and
regulations to implement an IFQ
program for the commercial red snapper
fishery, but only if certain conditions
are met. First, the preparation of such a
plan amendment and regulations must
be approved in a referendum of certain
fishery participants. Second, the
submission of the plan amendment and
regulations to the Secretary for review
and approval or disapproval must be
approved in a subsequent referendum.
Both referendums must be conducted in
accordance with section 407(c)(2).
Section 407(c)(2) also specifies that:
Prior to each referendum, the Secretary, in
consultation with the Council, shall: (A)
identify and notify all such persons holding
permits with red snapper endorsements and
all such vessel captains; and (B) make
available to all such persons and vessel
captains information about the schedule,
procedures, and eligibility requirements for
the referendum and the proposed individual
fishing quota program.
On February 12, 2004, NMFS issued
the final rule (69 FR 6921) to provide
information about the schedule,
procedures, and eligibility requirements
for participating in both referendums to
determine whether an IFQ program
should be prepared and, if so, whether
it should be submitted to the Secretary
for review. The intended effect of the
final rule was to implement procedures
for the referendums consistent with the
requirements of the Magnuson-Stevens
Act.
At the request of the Council, NMFS
conducted the first referendum in early
E:\FR\FM\06JAN1.SGM
06JAN1
914
Federal Register / Vol. 71, No. 4 / Friday, January 6, 2006 / Notices
2004 and presented the results to the
Council at its March 2004 meeting. The
voters approved preparation of an IFQ
plan amendment in that referendum,
and the Council began preparation of
the amendment. The Council is
scheduled to take final action on the
amendment at its March 2006 meeting,
and therefore NMFS needs to complete
the second referendum prior to that
meeting.
The procedures, criteria, and vote
weighting formula for this referendum
were established in the final rule
published February 12, 2004 (69 FR
6921) and are repeated here pursuant to
section 407(c)(2) of the MagnusonStevens Act.
Referendum Processes
cprice-sewell on PROD1PC66 with NOTICES
Who Will Be Eligible to Vote in the
Referendums?
Section 407(c)(2) of the MagnusonStevens Act establishes criteria
regarding eligibility of persons to vote in
the referendums. Those criteria are
subject to various interpretations. After
careful consideration of those criteria,
the practicality and fairness of several
possible interpretations, and public
comments, NMFS has determined the
following persons will be eligible to
vote in the referendum.
I. For the second referendum:
A. A person who according to NMFS
permit records has continuously held
his or her Gulf red snapper
endorsement/Class 1 license from
September 1, 1996, through the date of
publication in the Federal Register of
this notice announcing the second
referendum;
B. In the case of a Class 1 license that
has been transferred through sale since
September 1, 1996, the person who
according to NMFS’ permit records
holds such Class 1 license as of the date
of publication in the Federal Register of
this notice announcing the second
referendum;
C. In the case of a Class 1 license that
has been transferred through lease since
September 1, 1996, both the final lessor
and final lessee as of the date of
publication in the Federal Register of
this notice announcing the second
referendum, as determined by NMFS’
permit records; and
D. A vessel captain who harvested red
snapper under a red snapper
endorsement in each red snapper
commercial fishing season occurring
between January 1, 1993, and September
1, 1996.
A person will only receive voting
eligibility under one of the eligibility
criteria, i.e., a person will not receive
dual voting eligibility by being both a
VerDate Aug<31>2005
15:23 Jan 05, 2006
Jkt 208001
qualifying vessel captain and a
qualifying holder of an endorsement/
Class 1 license.
NMFS has sufficient information in
the Southeast Regional Office fisheries
permit database to identify those
persons who will be eligible to vote in
the referendums based on their having
held a red snapper endorsement/Class 1
license during the required periods.
However, NMFS did not have sufficient
information to identify vessel captains
whose eligibility would be based on the
harvest of red snapper under a red
snapper endorsement in each red
snapper commercial fishing season
occurring between January 1, 1993, and
September 1, 1996. To obtain that
information prior to the first
referendum, NMFS prepared and
distributed a fishery bulletin that
described the general referendum
procedures and provided a 20-day
period (ending August 18, 2003) for
submittal of detailed information by
those vessel captains. That fishery
bulletin was widely distributed to all
Gulf reef fish permitees, including
dealers, and to major fishing
organizations, state fisheries directors,
and others. Information received from
that solicitation has been used to
identify vessel captains whose
eligibility to vote in the referendums is
based on the red snapper harvest
criterion.
How Will Votes Be Weighted?
Section 407(c)(2) of the MagnusonStevens Act requires that NMFS develop
a formula to weight votes based on the
proportional harvests under each
eligible endorsement and by each
eligible captain between the period
January 1, 1993, and September 1, 1996.
NMFS will obtain applicable red
snapper landings data from the
Southeast Fisheries Science Center reef
fish logbook database. Information from
NMFS’ Southeast Regional Office permit
database will be used to assign
applicable landings to each eligible
voter (red snapper endorsement/Class 1
license holder, lessee/lessor, or vessel
captain). In cases where only one
eligible voter has eligibility tied to a
particular license, all applicable
landings associated with that license
accrue to that voter, and the voter will
be assigned a vote-weighting factor of
one vote per pound. In cases where
more than one eligible voter has
eligibility tied to a particular license,
e.g., lessee and lessor, or a qualifying
vessel captain and a license holder, all
eligible voters associated with that
license will have their vote weighted
equally such that their combined vote
will equal one vote per pound of
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
landings applicable to that license. For
example, if a qualifying captain is
eligible based on his or her landings
under a specific license during the
relevant time period, and that license is
now held by a license holder who is not
involved with lease arrangements with
that license, but who is not the same
qualifying captain, then each would get
one-half of a vote per pound of landings
associated with the license. In this
example, should the current holder
lease the same license, then each
participant would have their vote
weighted as one-third of a vote per
pound, so that their combined vote
would equal the total number of pounds
associated with the license.
The weighting procedure is
complicated somewhat by requirements
to protect the confidentiality of landings
data, when the applicable landings
history involves landings by different
entities. To address confidentiality
concerns, NMFS will establish a series
of categories (ranges) of red snapper
landings based on 5,000–lb (2,268–kg)
intervals, e.g., 0–5,000 lb (0–2,268 kg);
5,001–10,000 lb (2,268–4,536 kg); etc.,
concluding with the interval that
includes the highest documented
landings. The total landings between the
period January 1, 1993, and September
1, 1996, associated with each license,
will be attributed to the appropriate
category. The overall average pounds
landed attributed to each category will
be determined. That average number of
pounds will be the base applied to the
vote-weighting factor for each eligible
voter whose landings fall within that
category.
For example, if the overall average
number of pounds attributed to the
5,001–10,000–lb (2,268–4,536–kg)
category is 8,150 lb (3,697 kg), each
eligible voter within that category
would receive votes equal to 8,150
multiplied by the applicable voteweighting factor, e.g., 8,150 × 1.0 =
8,150 votes if only one voter was
associated with the license; 8,150 × 0.5
= 4,075 votes each for a lessee and
lessor associated with the same license;
8,150 X 0.33 = 2,690 votes each for a
qualifying vessel captain, lessee, and
lessor all associated with the same
license.
How Will the Vote Be Conducted?
On or about January 17, 2006, NMFS
will mail each eligible voter a ballot that
would specify the number of votes
(weighting) that voter is assigned. NMFS
will mail the ballots and associated
explanatory information, via certified
mail return receipt requested, to the
address of record indicated in NMFS’
permit database for endorsement/Class 1
E:\FR\FM\06JAN1.SGM
06JAN1
Federal Register / Vol. 71, No. 4 / Friday, January 6, 2006 / Notices
license holders and, for vessel captains,
to the address provided to NMFS by the
captains during the prior information
solicitation that ended August 18, 2003.
All votes assigned to an eligible voter
must be cast for the same decision, i.e.,
either all to approve or all to disapprove
the applicable referendum question. The
ballot must be signed by the eligible
voter. Ballots must be mailed to Phil
Steele, Southeast Regional Office,
NMFS, 263 13th Avenue South, St.
Petersburg, FL 33701. Ballots for the
second referendum must be received at
that address by 4:30 p.m., eastern time,
February 21, 2006; ballots received after
that deadline will not be considered in
determining the outcome of the initial
referendum. Although it will not be
required, voters may want to consider
submitting their ballots by registered
mail.
How Will the Outcome of the Second
Referendum Be Determined?
Vote counting will be conducted by
NMFS. Approval or disapproval of the
referendums will be determined by a
majority (i.e., a number greater than half
of a total) of the weighted votes cast.
NMFS will prepare a fishery bulletin
announcing the results of the second
referendum that is conducted and will
distribute the bulletin to all Gulf reef
fish permitees, including dealers, and to
other interested parties. The results will
also be posted on NMFS’ Southeast
Regional Office’s Web site at https://
sero.nmfs.noaa.gov.
cprice-sewell on PROD1PC66 with NOTICES
What Will Happen After the Second
Referendum?
NMFS will present the results of the
second referendum at the March 2006
Council meeting. If the second
referendum fails, the Council cannot
proceed with implementation an IFQ
program for the commercial red snapper
fishery in the Gulf of Mexico. If the
second referendum is approved, the
Council would be authorized, if it so
decides, to submit the finalized plan
amendment and regulations to the
Secretary for review and approval or
disapproval. The proposed IFQ program
was developed through the usual
Council and rulemaking processes that
involved extensive opportunities for
industry and public review and input at
various Council meetings, public
hearings, and during public comment
periods on the plan amendment and
regulations. The plan amendment and
regulations could only be submitted to
the Secretary for review and approval or
disapproval if, in a second referendum,
approval of the submission was passed
by a majority (i.e., a number greater than
VerDate Aug<31>2005
15:23 Jan 05, 2006
Jkt 208001
half of a total) of the votes cast by the
eligible voters as described above.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 30, 2005.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 06–109 Filed 1–3–06; 2:49 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 123005B]
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
SUMMARY: The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Scallop Committee in January, 2006 to
consider actions affecting New England
fisheries in the exclusive economic zone
(EEZ). Recommendations from this
group will be brought to the full Council
for formal consideration and action, if
appropriate.
The meeting will be held on
Monday, January 23, 2006, at 9 a.m.
ADDRESSES: The meeting will be held at
the Hilton Garden Inn, One Thurber
Street, Warwick, RI 02886; telephone:
(401) 734–9600; fax: (401) 734–9700.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT: Paul
J. Howard, Executive Director, New
England Fishery Management Council;
telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION: The
Committee will meet to begin
development of a draft Amendment 11
to the Atlantic Sea Scallop Fishery
Management Plan. The primary purpose
of this amendment is to improve the
effectiveness of management in the
general category fishery. In addition, it
will address the allocation of scallops
between the limited access and general
category permit holders as well as
consider options to change the scallop
fishing year. The committee will review
and develop issues to present for public
comment at scoping meetings scheduled
for spring 2006. Draft management
alternatives will be developed at future
meetings based on scoping comments
DATES:
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
915
and specific policy direction from the
Council. The committee will also have
a closed door session to discuss the
formation of an ad-hoc industry
advisory panel for general category
management.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
listed in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Paul
J. Howard, Executive Director, at (978)
465–0492, at least 5 days prior to the
meeting date.
Dated: December 30, 2005.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E5–8310 Filed 1–5–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 123005C]
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting
AGENCY:
SUMMARY: The New England Fishery
Management Council (Council) is
scheduling a joint public meeting of its
Scientific and Statistical and Social
Sciences Advisory Committees in
January, 2006 to consider actions
affecting New England fisheries in the
exclusive economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: The meeting will be held on
Friday, January 27, 2006, at 9 a.m.
ADDRESSES: The meeting will be held at
the Holiday Inn, 225 McClellan
Highway, E. Boston, MA 02128;
telephone: (617) 569–5250; fax: (617)
561–0971.
E:\FR\FM\06JAN1.SGM
06JAN1
]]>Agencies
[Federal Register Volume 71, Number 4 (Friday, January 6, 2006)]
[Notices]
[Pages 913-915]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-109]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 122905A]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Second Referendum Procedures
for a Potential Gulf of Mexico Red Snapper Individual Fishing Quota
Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of referendum schedule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this notice to announce information about the
schedule for participating in a referendum to determine whether an
individual fishing quota (IFQ) program for the Gulf of Mexico
commercial red snapper fishery should be submitted to the Secretary of
Commerce (Secretary) for review. The intended effect of the IFQ program
would be to reduce overcapacity in the commercial red snapper fishery
and end the current derby-type conditions that have resulted from
increasingly restrictive regulation.
ADDRESSES: Copies of supporting documentation including the final rule
implementing these procedures (69 FR 6921, February 12, 2004), which
includes a regulatory impact review and a Regulatory Flexibility Act
Analysis, are available from NMFS, Southeast Regional Office, 263 13th
Avenue S., St. Petersburg, FL 33701.
FOR FURTHER INFORMATION CONTACT: Phil Steele, telephone: 727-551-5784,
fax: 727-824-5308, e-mail: phil.steele@noaa.gov.
SUPPLEMENTARY INFORMATION: Under section 407(c) of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), the
Gulf of Mexico Fishery Management Council (Council) is authorized to
prepare and submit a plan amendment and regulations to implement an IFQ
program for the commercial red snapper fishery, but only if certain
conditions are met. First, the preparation of such a plan amendment and
regulations must be approved in a referendum of certain fishery
participants. Second, the submission of the plan amendment and
regulations to the Secretary for review and approval or disapproval
must be approved in a subsequent referendum. Both referendums must be
conducted in accordance with section 407(c)(2). Section 407(c)(2) also
specifies that:
Prior to each referendum, the Secretary, in consultation with
the Council, shall: (A) identify and notify all such persons holding
permits with red snapper endorsements and all such vessel captains;
and (B) make available to all such persons and vessel captains
information about the schedule, procedures, and eligibility
requirements for the referendum and the proposed individual fishing
quota program.
On February 12, 2004, NMFS issued the final rule (69 FR 6921) to
provide information about the schedule, procedures, and eligibility
requirements for participating in both referendums to determine whether
an IFQ program should be prepared and, if so, whether it should be
submitted to the Secretary for review. The intended effect of the final
rule was to implement procedures for the referendums consistent with
the requirements of the Magnuson-Stevens Act.
At the request of the Council, NMFS conducted the first referendum
in early
[[Page 914]]
2004 and presented the results to the Council at its March 2004
meeting. The voters approved preparation of an IFQ plan amendment in
that referendum, and the Council began preparation of the amendment.
The Council is scheduled to take final action on the amendment at its
March 2006 meeting, and therefore NMFS needs to complete the second
referendum prior to that meeting.
The procedures, criteria, and vote weighting formula for this
referendum were established in the final rule published February 12,
2004 (69 FR 6921) and are repeated here pursuant to section 407(c)(2)
of the Magnuson-Stevens Act.
Referendum Processes
Who Will Be Eligible to Vote in the Referendums?
Section 407(c)(2) of the Magnuson-Stevens Act establishes criteria
regarding eligibility of persons to vote in the referendums. Those
criteria are subject to various interpretations. After careful
consideration of those criteria, the practicality and fairness of
several possible interpretations, and public comments, NMFS has
determined the following persons will be eligible to vote in the
referendum.
I. For the second referendum:
A. A person who according to NMFS permit records has continuously
held his or her Gulf red snapper endorsement/Class 1 license from
September 1, 1996, through the date of publication in the Federal
Register of this notice announcing the second referendum;
B. In the case of a Class 1 license that has been transferred
through sale since September 1, 1996, the person who according to NMFS'
permit records holds such Class 1 license as of the date of publication
in the Federal Register of this notice announcing the second
referendum;
C. In the case of a Class 1 license that has been transferred
through lease since September 1, 1996, both the final lessor and final
lessee as of the date of publication in the Federal Register of this
notice announcing the second referendum, as determined by NMFS' permit
records; and
D. A vessel captain who harvested red snapper under a red snapper
endorsement in each red snapper commercial fishing season occurring
between January 1, 1993, and September 1, 1996.
A person will only receive voting eligibility under one of the
eligibility criteria, i.e., a person will not receive dual voting
eligibility by being both a qualifying vessel captain and a qualifying
holder of an endorsement/Class 1 license.
NMFS has sufficient information in the Southeast Regional Office
fisheries permit database to identify those persons who will be
eligible to vote in the referendums based on their having held a red
snapper endorsement/Class 1 license during the required periods.
However, NMFS did not have sufficient information to identify vessel
captains whose eligibility would be based on the harvest of red snapper
under a red snapper endorsement in each red snapper commercial fishing
season occurring between January 1, 1993, and September 1, 1996. To
obtain that information prior to the first referendum, NMFS prepared
and distributed a fishery bulletin that described the general
referendum procedures and provided a 20-day period (ending August 18,
2003) for submittal of detailed information by those vessel captains.
That fishery bulletin was widely distributed to all Gulf reef fish
permitees, including dealers, and to major fishing organizations, state
fisheries directors, and others. Information received from that
solicitation has been used to identify vessel captains whose
eligibility to vote in the referendums is based on the red snapper
harvest criterion.
How Will Votes Be Weighted?
Section 407(c)(2) of the Magnuson-Stevens Act requires that NMFS
develop a formula to weight votes based on the proportional harvests
under each eligible endorsement and by each eligible captain between
the period January 1, 1993, and September 1, 1996. NMFS will obtain
applicable red snapper landings data from the Southeast Fisheries
Science Center reef fish logbook database. Information from NMFS'
Southeast Regional Office permit database will be used to assign
applicable landings to each eligible voter (red snapper endorsement/
Class 1 license holder, lessee/lessor, or vessel captain). In cases
where only one eligible voter has eligibility tied to a particular
license, all applicable landings associated with that license accrue to
that voter, and the voter will be assigned a vote-weighting factor of
one vote per pound. In cases where more than one eligible voter has
eligibility tied to a particular license, e.g., lessee and lessor, or a
qualifying vessel captain and a license holder, all eligible voters
associated with that license will have their vote weighted equally such
that their combined vote will equal one vote per pound of landings
applicable to that license. For example, if a qualifying captain is
eligible based on his or her landings under a specific license during
the relevant time period, and that license is now held by a license
holder who is not involved with lease arrangements with that license,
but who is not the same qualifying captain, then each would get one-
half of a vote per pound of landings associated with the license. In
this example, should the current holder lease the same license, then
each participant would have their vote weighted as one-third of a vote
per pound, so that their combined vote would equal the total number of
pounds associated with the license.
The weighting procedure is complicated somewhat by requirements to
protect the confidentiality of landings data, when the applicable
landings history involves landings by different entities. To address
confidentiality concerns, NMFS will establish a series of categories
(ranges) of red snapper landings based on 5,000-lb (2,268-kg)
intervals, e.g., 0-5,000 lb (0-2,268 kg); 5,001-10,000 lb (2,268-4,536
kg); etc., concluding with the interval that includes the highest
documented landings. The total landings between the period January 1,
1993, and September 1, 1996, associated with each license, will be
attributed to the appropriate category. The overall average pounds
landed attributed to each category will be determined. That average
number of pounds will be the base applied to the vote-weighting factor
for each eligible voter whose landings fall within that category.
For example, if the overall average number of pounds attributed to
the 5,001-10,000-lb (2,268-4,536-kg) category is 8,150 lb (3,697 kg),
each eligible voter within that category would receive votes equal to
8,150 multiplied by the applicable vote-weighting factor, e.g., 8,150 x
1.0 = 8,150 votes if only one voter was associated with the license;
8,150 x 0.5 = 4,075 votes each for a lessee and lessor associated with
the same license; 8,150 X 0.33 = 2,690 votes each for a qualifying
vessel captain, lessee, and lessor all associated with the same
license.
How Will the Vote Be Conducted?
On or about January 17, 2006, NMFS will mail each eligible voter a
ballot that would specify the number of votes (weighting) that voter is
assigned. NMFS will mail the ballots and associated explanatory
information, via certified mail return receipt requested, to the
address of record indicated in NMFS' permit database for endorsement/
Class 1
[[Page 915]]
license holders and, for vessel captains, to the address provided to
NMFS by the captains during the prior information solicitation that
ended August 18, 2003. All votes assigned to an eligible voter must be
cast for the same decision, i.e., either all to approve or all to
disapprove the applicable referendum question. The ballot must be
signed by the eligible voter. Ballots must be mailed to Phil Steele,
Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg,
FL 33701. Ballots for the second referendum must be received at that
address by 4:30 p.m., eastern time, February 21, 2006; ballots received
after that deadline will not be considered in determining the outcome
of the initial referendum. Although it will not be required, voters may
want to consider submitting their ballots by registered mail.
How Will the Outcome of the Second Referendum Be Determined?
Vote counting will be conducted by NMFS. Approval or disapproval of
the referendums will be determined by a majority (i.e., a number
greater than half of a total) of the weighted votes cast. NMFS will
prepare a fishery bulletin announcing the results of the second
referendum that is conducted and will distribute the bulletin to all
Gulf reef fish permitees, including dealers, and to other interested
parties. The results will also be posted on NMFS' Southeast Regional
Office's Web site at https://sero.nmfs.noaa.gov.
What Will Happen After the Second Referendum?
NMFS will present the results of the second referendum at the March
2006 Council meeting. If the second referendum fails, the Council
cannot proceed with implementation an IFQ program for the commercial
red snapper fishery in the Gulf of Mexico. If the second referendum is
approved, the Council would be authorized, if it so decides, to submit
the finalized plan amendment and regulations to the Secretary for
review and approval or disapproval. The proposed IFQ program was
developed through the usual Council and rulemaking processes that
involved extensive opportunities for industry and public review and
input at various Council meetings, public hearings, and during public
comment periods on the plan amendment and regulations. The plan
amendment and regulations could only be submitted to the Secretary for
review and approval or disapproval if, in a second referendum, approval
of the submission was passed by a majority (i.e., a number greater than
half of a total) of the votes cast by the eligible voters as described
above.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 30, 2005.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-109 Filed 1-3-06; 2:49 pm]
BILLING CODE 3510-22-S
