Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Gulf of Mexico Recreational Grouper Fishery Management Measures, 34534-34536 [E6-9312]
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34534
Federal Register / Vol. 71, No. 115 / Thursday, June 15, 2006 / Rules and Regulations
Issued in Washington, DC, on this 8th day
of June 2006.
Vincent K. Snowbarger,
Acting Executive Director, Pension Benefit
Guaranty Corporation.
[FR Doc. E6–9345 Filed 6–14–06; 8:45 am]
BILLING CODE 7709–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 060322083–6147–02; I.D.
032006C]
RIN 0648–AU04
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Gulf of
Mexico Recreational Grouper Fishery
Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS issues this final rule to
implement the bag limit provisions of a
regulatory amendment to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP)
prepared by the Gulf of Mexico Fishery
Management Council (Council). This
final rule will establish a recreational
bag limit for Gulf red grouper of one fish
per person per day and prohibit the
captain and crew of a vessel operating
as a charter vessel or headboat from
retaining any Gulf grouper, i.e.,
establish a zero bag limit for captain and
crew. The intended effect of this final
rule is to help maintain recreational
landings at levels consistent with the
red grouper rebuilding plan.
DATES: This final rule is effective July
17, 2006.
ADDRESSES: Copies of the Final
Regulatory Flexibility Analysis (FRFA),
are available from Andy Strelcheck,
NMFS, Southeast Regional Office, 263
13th Avenue South, St. Petersburg, FL
33701; telephone 727–824–5305; fax
727–824–5308; e-mail
Andy.Strelcheck@noaa.gov.
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FOR FURTHER INFORMATION CONTACT:
Andy Strelcheck, telephone 727–824–
5305; fax 727–824–5308; e-mail
Andy.Strelcheck@noaa.gov.
The reef
fish fishery 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
SUPPLEMENTARY INFORMATION:
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Jkt 208001
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
In accordance with the FMP’s
framework procedure, the Council
recommended and NMFS published a
proposed rule to implement the
regulatory amendment and requested
public comment on the proposed rule
through May 1, 2006 (71 FR 16275,
March 31, 2006). In addition to the
measures contained in this final rule,
the proposed rule included a February
15 to March 15 recreational closure for
red grouper, gag, and black grouper.
NMFS expects a new stock assessment
for gag to be completed in July 2006 that
might contain new information
pertinent to evaluating the need for the
seasonal closure. Also, the Florida Fish
and Wildlife Conservation Commission
expressed concerns about
implementation of the seasonal closure.
Therefore, NMFS is implementing the
bag limit and captain and crew
provisions in this final rule but will
defer possible implementation of the
seasonal closure until the new gag
assessment is completed. If the seasonal
closure is warranted based on the
results of the gag stock assessment,
another final rule will be published for
that action. The seasonal closure
provision has been removed from this
final rule. The rationale for the
measures in the regulatory amendment
is provided in the preamble to the
proposed rule and is not repeated here.
A summary of the public comments
received by NMFS on the proposed rule
and NMFS’ responses are provided
below.
Comments and Responses
NMFS received a total of 8 different
comments from 12 commenters.
Following is a summary of the
comments received on the proposed
rule and NMFS’ responses.
Comment 1: Eight commenters
opposed the February 15 to March 15
recreational seasonal closure and
believed the closure period would
severely impact the livelihood of charter
boat captains, crew, and their families.
Response: NMFS expects a new stock
assessment for gag to be completed in
July 2006 that might contain new
information pertinent to evaluating the
need for the seasonal closure for red
grouper, gag, and black grouper.
Therefore, NMFS intends to defer
possible implementation of the seasonal
closure until the new gag assessment is
completed. If the seasonal closure is
warranted based on the results of the
gag stock assessment, the closure may
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be implemented via appropriate
rulemaking.
Comment 2: Two commenters
opposed prohibiting for-hire captain
and crew from retaining bag limits of
grouper while under charter. Two
commenters were in favor of prohibiting
for-hire captain and crew from retaining
bag limits of grouper.
Response: With a reduction in the red
grouper bag limit to one fish per person
per day, there is a greater incentive for
captain and crew on for-hire vessels to
retain fish and supplement the landings
of their clients, negating some of the
benefit of the lower red grouper bag
limit. Although past regulations allowed
captains and crew to socially and
economically benefit from the
enjoyment of fishing and supplying
their families with fresh fish, continuing
to allow captain and crew to retain bag
limits reduces the effectiveness of the
red grouper bag limit. Implementing this
measure increases the likelihood that
red grouper landings reduction targets
are reached, as specified in the
rebuilding plan for red grouper. Not
implementing this measure may result
in more severe management reductions
with accompanying increased adverse
economic impacts to captains and crew.
Additionally, prohibiting for-hire
captains and crew from retaining bag
limits of grouper while under charter is
considered equitable because
commercial fishermen would be
prohibited from retaining bag limits of
reef fish while commercially fishing if
Amendment 18A to the FMP is
implemented.
Comment 3: Two commenters were in
favor of reducing the bag limit from two
to one red grouper per person per day.
Response: The reduction in red
grouper bag limit is part of management
measures to return recreational red
grouper landings to levels specified in
the rebuilding plan. Reducing the red
grouper bag limit to one is estimated to
reduce landings of red grouper by 29.7
percent.
Comment 4: One commenter
suggested creating a closed season of
September 15 to October 15 instead of
February 15 to March 15.
Response: The seasonal closure was
proposed for February 15 to March 15
because the commercial seasonal
closure occurs at this time and includes
important spawning seasons for red,
black, and gag grouper. The Council also
considered seasonal closures during
April-May and August and was
presented with analyses for seasonal
closures in September and October. A
September 15 to October 15 seasonal
closure would result in similar,
although slightly greater, reductions in
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Federal Register / Vol. 71, No. 115 / Thursday, June 15, 2006 / Rules and Regulations
harvest than the preferred February 15
to March 15 seasonal closure. However,
a closure during fall would not provide
the added benefits of protecting red, gag,
and black grouper during spawning or
closing the recreational fishery at the
same time as the commercial fishery.
NMFS intends to defer possible
implementation of the recreational
seasonal closure until the new gag
assessment is completed in summer
2006.
Comment 5: Three commenters each
suggested one of the following topics:
(1) Better enforcement of charter boats
that fish in Federal waters without
permits; (2) purchase of all charter boat
businesses by the government to relieve
the economic strain of regulations on
fishermen; and (3) prevention of
supposed toxic material dumping by
phosphate plants as a measure to
prevent fish mortality.
Response: The regulatory amendment
only considered reducing the bag limit
from two to one red grouper per person
per day, prohibiting for-hire captain and
crew from retaining bag limits of
grouper while under charter, and
creating a seasonal closure from
February 15 to March 15. The regulatory
amendment did not consider the topics
listed in the above comment because
other measures were considered to be
more appropriate. Therefore, this
comment is beyond the scope of the
regulatory amendment and this rule.
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Classification
The Administrator, Southeast Region,
NMFS, determined the regulatory
amendment is necessary for the
conservation and management of the
Gulf reef fish fishery and is consistent
with the Magnuson-Stevens Act and
other applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
A FRFA was prepared. The FRFA
incorporates the initial regulatory
flexibility analysis (IRFA), a summary of
the significant issues raised by public
comments in response to the IRFA, and
NMFS responses to those comments,
and a summary of the analyses
completed to support the action. A
summary of the analyses follows.
This rule will reduce the daily
recreational red grouper bag limit and
eliminate the captain and crew daily
grouper bag limit. The purpose for this
regulatory amendment is to implement
management measures for the Gulf of
Mexico grouper fishery that will restrict
recreational red grouper landings to
levels specified in the red grouper
rebuilding plan. The Magnuson-Stevens
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Act provides the statutory basis for this
final rule.
The proposed rule contained a
February 15 to March 15 recreational
seasonal closure for red grouper, gag,
and black grouper. In response to public
comment and to allow for evaluation of
the results of a new stock assessment for
gag expected to be completed in July
2006, consideration of implementation
of the seasonal closure will be deferred
until the new assessment is completed.
No duplicative, overlapping, or
conflicting Federal rules have been
identified.
A moratorium on the issuance of new
charter vessel/headboat (for-hire)
permits for reef fish has been in effect
since June 16, 2003, and, currently,
approximately 1,625 unique vessels are
permitted to operate in this fishery. The
for-hire fishery is comprised of charter
vessels, which charge fees on a pervessel basis, and headboats, which
charge fees on an individual angler
basis. The average charter vessel is
estimated to generate $76,960 in annual
revenue and $36,758 in annual ‘‘profit’’
(computed as gross revenue minus
costs; costs exclude depreciation, fixed
costs, and returns to owner/operators).
The comparable figures for an average
headboat are $404,172 in annual gross
revenue and $338,209 in annual profits.
Some vessels in the for-hire fleet also
participate in the commercial fisheries.
However, information on the average
revenues generated from operation as a
commercial vessel and the impacts of
these revenues on the overall economic
performance of the business operation
are unknown.
Although the rule will not directly
affect support industries, potential
reductions in fishing effort and
associated expenditures may have
indirect impacts on hotels, restaurants,
gear and bait shops, and other
associated businesses. It is not possible
to enumerate or characterize these
businesses.
The rule will not change current
reporting, recordkeeping and other
compliance requirements under the
FMP. These requirements include
permit qualification criteria and
participation in data collection
programs if selected by NMFS. All of
the information elements required for
these processes are standard elements
essential to the successful operation of
a fishing business and should, therefore,
already be collected and maintained as
standard operating practice by the
business. The requirements do not
require professional skills, and,
therefore, are deemed not to be onerous.
The Small Business Administration
defines a small business in the for-hire
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34535
fishery sector as a firm that is
independently owned and operated, is
not dominant in its field of operation,
and has annual receipts up to $6.5
million. Given the economic profile of
the for-hire fleet presented above, NMFS
determined that all for-hire fishing
entities that could be affected by this
final rule are small business entities.
Because all of these entities could be
affected, NMFS determined that the
final rule will affect a substantial
number of small entities.
The determination of ‘‘significant
economic impact’’ can be ascertained by
examining two issues:
disproportionality and profitability. The
disproportionality question is whether
the regulations place a substantial
number of small entities at a significant
competitive disadvantage to large
entities. All for-hire entities affected by
the rule are considered small entities, so
the issue of disproportionality does not
arise in the present case. The
profitability question is whether the
regulations significantly reduce profit
for a substantial number of small
entities. For-hire operations, specifically
charter boats, will bear the primary
burden of the rule, although spill-over
impacts are expected in associated
industries such as hotels, marinas, and
bait and tackle shops. For-hire
operations may experience a reduction
in bookings, resulting in reduced
receipts from for-hire fees, tips, gear
rental, food or beverages, and fishcleaning. No trip cancellations were
projected due to the reduced red
grouper bag limit because most grouper
trips have not historically landed either
the former red grouper or aggregate
grouper daily bag limit. Approximately
13,000 trips per year, on average, are
expected to be affected by the reduced
red grouper bag limit. Although few of
these trips are expected to be cancelled
due to the reduced bag limit, they
represent approximately $1.57 million
in for-hire fees (approximately $1,000
per vessel), or approximately 1 percent
of average gross revenues and 3 percent
of average net revenues per vessel. No
financial impacts would accrue to trips
that are not cancelled as a result of the
reduced bag limit. The impact of the
rule on associated industries cannot be
determined.
Six alternatives, including the status
quo, were considered to the proposed
red grouper bag limit and seasonal
closure. The status quo would have
allowed continued landing overages in
the recreational sector and would,
therefore, not meet the Council’s
objectives because continued overages
would not allow the fishery to meet
rebuilding goals. Additionally, for the
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reasons stated above, the rule does not
include the proposed seasonal closure.
The second alternative would have
reduced the red grouper daily bag limit
to one fish per angler or three fish per
vessel, whichever is less. This
alternative is more restrictive than the
bag limit in the final rule and, therefore,
would result in greater adverse
economic impacts due to greater loss of
consumer surplus and greater likelihood
of trip cancellation.
The third alternative would have
increased the red grouper recreational
minimum size limit to 22 inches (55.9
cm). An increase in the minimum size
limit, however, would be expected to
increase bycatch and discard mortality,
which is inconsistent with the Council’s
objective of minimizing bycatch and
discard mortality. Thus, this alternative
would not meet the Council’s objectives.
The fourth alternative would have
reduced the red grouper recreational bag
limit within the aggregate grouper limit
to one per person per day and closed the
season for all grouper during August.
This alternative would have resulted in
greater reductions in consumer surplus
and potential foregone expenditures,
therefore increasing the adverse
economic impacts relative to the final
rule.
The fifth alternative would have
reduced the red grouper recreational bag
limit within the aggregate limit to one
per person per day and closed the
season for all grouper during April
through May. This alternative would
also have resulted in greater reductions
in consumer surplus and potential
foregone expenditures than the final
rule.
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The sixth alternative would have
reduced the red grouper bag limit
within the aggregate limit to one per
person per day and increased the
minimum recreational size limit to 21
inches (53.3 cm). Similar to an increase
of the minimum size limit to 22 inches
(55.9 cm), excessive bycatch mortality
was expected to accrue to this
alternative.
The final alternative to the red
grouper bag limit would have reduced
the red grouper bag limit within the
aggregate grouper limit to one fish per
angler or three fish per vessel per day,
whichever is less, except for reef fishpermitted for-hire vessels with a U.S.
Coast Guard Certificate of Inspection.
For these vessels, the resultant vessel
limit would be one red grouper per two
paying passengers. This alternative is
more restrictive than the rule and would
result in greater adverse economic
impacts than the rule.
One alternative, the status quo, was
considered for the 0–fish captain and
crew grouper bag limit. The status quo,
which would allow captain and crew a
bag limit equal to that of the recreational
angler, in combination with the other
actions, would not achieve the
necessary red grouper harvest
reductions and would not, therefore,
meet the Council’s objectives. The 0–
fish captain and crew bag limit
constrains the potential harvest capacity
aboard for-hire vessels, limits allowable
bag limits to paying clients who are
fishing recreationally, and contributes
additional reduction in fishing
mortality.
Copies of the FRFA are available from
NMFS (see ADDRESSES).
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List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: June 8, 2006,
James W. Balsiger,
Acting 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
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.39, the suspensions of
paragraphs (b)(1)(ii) and (b)(1)(v) are
lifted; paragraphs (b)(1)(viii) and
(b)(1)(ix) are removed; and paragraph
(b)(1)(ii) is revised to read as follows:
I
§ 622.39
Bag and possession limits.
*
*
*
*
*
(b) * * *
(1) * * *
(ii) Groupers, combined, excluding
goliath grouper and Nassau grouper -5
per person per day, but not to exceed 1
speckled hind or 1 warsaw grouper per
vessel per day or 1 red grouper per
person per day. However, no grouper
may be retained by the captain or crew
of a vessel operating as a charter vessel
or headboat—their bag limit is zero.
*
*
*
*
*
[FR Doc. E6–9312 Filed 6–14–06; 8:45 am]
BILLING CODE 3510–22–S
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15JNR1
Agencies
[Federal Register Volume 71, Number 115 (Thursday, June 15, 2006)]
[Rules and Regulations]
[Pages 34534-34536]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9312]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 060322083-6147-02; I.D. 032006C]
RIN 0648-AU04
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Gulf of Mexico Recreational Grouper Fishery Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement the bag limit
provisions of a regulatory amendment to the Fishery Management Plan for
the Reef Fish Resources of the Gulf of Mexico (FMP) prepared by the
Gulf of Mexico Fishery Management Council (Council). This final rule
will establish a recreational bag limit for Gulf red grouper of one
fish per person per day and prohibit the captain and crew of a vessel
operating as a charter vessel or headboat from retaining any Gulf
grouper, i.e., establish a zero bag limit for captain and crew. The
intended effect of this final rule is to help maintain recreational
landings at levels consistent with the red grouper rebuilding plan.
DATES: This final rule is effective July 17, 2006.
ADDRESSES: Copies of the Final Regulatory Flexibility Analysis (FRFA),
are available from Andy Strelcheck, NMFS, Southeast Regional Office,
263 13\th\ Avenue South, St. Petersburg, FL 33701; telephone 727-824-
5305; fax 727-824-5308; e-mail Andy.Strelcheck@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Andy Strelcheck, telephone 727-824-
5305; fax 727-824-5308; e-mail Andy.Strelcheck@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef fish fishery 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 Fishery
Conservation and Management Act (Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
In accordance with the FMP's framework procedure, the Council
recommended and NMFS published a proposed rule to implement the
regulatory amendment and requested public comment on the proposed rule
through May 1, 2006 (71 FR 16275, March 31, 2006). In addition to the
measures contained in this final rule, the proposed rule included a
February 15 to March 15 recreational closure for red grouper, gag, and
black grouper. NMFS expects a new stock assessment for gag to be
completed in July 2006 that might contain new information pertinent to
evaluating the need for the seasonal closure. Also, the Florida Fish
and Wildlife Conservation Commission expressed concerns about
implementation of the seasonal closure. Therefore, NMFS is implementing
the bag limit and captain and crew provisions in this final rule but
will defer possible implementation of the seasonal closure until the
new gag assessment is completed. If the seasonal closure is warranted
based on the results of the gag stock assessment, another final rule
will be published for that action. The seasonal closure provision has
been removed from this final rule. The rationale for the measures in
the regulatory amendment is provided in the preamble to the proposed
rule and is not repeated here. A summary of the public comments
received by NMFS on the proposed rule and NMFS' responses are provided
below.
Comments and Responses
NMFS received a total of 8 different comments from 12 commenters.
Following is a summary of the comments received on the proposed rule
and NMFS' responses.
Comment 1: Eight commenters opposed the February 15 to March 15
recreational seasonal closure and believed the closure period would
severely impact the livelihood of charter boat captains, crew, and
their families.
Response: NMFS expects a new stock assessment for gag to be
completed in July 2006 that might contain new information pertinent to
evaluating the need for the seasonal closure for red grouper, gag, and
black grouper. Therefore, NMFS intends to defer possible implementation
of the seasonal closure until the new gag assessment is completed. If
the seasonal closure is warranted based on the results of the gag stock
assessment, the closure may be implemented via appropriate rulemaking.
Comment 2: Two commenters opposed prohibiting for-hire captain and
crew from retaining bag limits of grouper while under charter. Two
commenters were in favor of prohibiting for-hire captain and crew from
retaining bag limits of grouper.
Response: With a reduction in the red grouper bag limit to one fish
per person per day, there is a greater incentive for captain and crew
on for-hire vessels to retain fish and supplement the landings of their
clients, negating some of the benefit of the lower red grouper bag
limit. Although past regulations allowed captains and crew to socially
and economically benefit from the enjoyment of fishing and supplying
their families with fresh fish, continuing to allow captain and crew to
retain bag limits reduces the effectiveness of the red grouper bag
limit. Implementing this measure increases the likelihood that red
grouper landings reduction targets are reached, as specified in the
rebuilding plan for red grouper. Not implementing this measure may
result in more severe management reductions with accompanying increased
adverse economic impacts to captains and crew. Additionally,
prohibiting for-hire captains and crew from retaining bag limits of
grouper while under charter is considered equitable because commercial
fishermen would be prohibited from retaining bag limits of reef fish
while commercially fishing if Amendment 18A to the FMP is implemented.
Comment 3: Two commenters were in favor of reducing the bag limit
from two to one red grouper per person per day.
Response: The reduction in red grouper bag limit is part of
management measures to return recreational red grouper landings to
levels specified in the rebuilding plan. Reducing the red grouper bag
limit to one is estimated to reduce landings of red grouper by 29.7
percent.
Comment 4: One commenter suggested creating a closed season of
September 15 to October 15 instead of February 15 to March 15.
Response: The seasonal closure was proposed for February 15 to
March 15 because the commercial seasonal closure occurs at this time
and includes important spawning seasons for red, black, and gag
grouper. The Council also considered seasonal closures during April-May
and August and was presented with analyses for seasonal closures in
September and October. A September 15 to October 15 seasonal closure
would result in similar, although slightly greater, reductions in
[[Page 34535]]
harvest than the preferred February 15 to March 15 seasonal closure.
However, a closure during fall would not provide the added benefits of
protecting red, gag, and black grouper during spawning or closing the
recreational fishery at the same time as the commercial fishery. NMFS
intends to defer possible implementation of the recreational seasonal
closure until the new gag assessment is completed in summer 2006.
Comment 5: Three commenters each suggested one of the following
topics: (1) Better enforcement of charter boats that fish in Federal
waters without permits; (2) purchase of all charter boat businesses by
the government to relieve the economic strain of regulations on
fishermen; and (3) prevention of supposed toxic material dumping by
phosphate plants as a measure to prevent fish mortality.
Response: The regulatory amendment only considered reducing the bag
limit from two to one red grouper per person per day, prohibiting for-
hire captain and crew from retaining bag limits of grouper while under
charter, and creating a seasonal closure from February 15 to March 15.
The regulatory amendment did not consider the topics listed in the
above comment because other measures were considered to be more
appropriate. Therefore, this comment is beyond the scope of the
regulatory amendment and this rule.
Classification
The Administrator, Southeast Region, NMFS, determined the
regulatory amendment is necessary for the conservation and management
of the Gulf reef fish fishery and is consistent with the Magnuson-
Stevens Act and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
A FRFA was prepared. The FRFA incorporates the initial regulatory
flexibility analysis (IRFA), a summary of the significant issues raised
by public comments in response to the IRFA, and NMFS responses to those
comments, and a summary of the analyses completed to support the
action. A summary of the analyses follows.
This rule will reduce the daily recreational red grouper bag limit
and eliminate the captain and crew daily grouper bag limit. The purpose
for this regulatory amendment is to implement management measures for
the Gulf of Mexico grouper fishery that will restrict recreational red
grouper landings to levels specified in the red grouper rebuilding
plan. The Magnuson-Stevens Act provides the statutory basis for this
final rule.
The proposed rule contained a February 15 to March 15 recreational
seasonal closure for red grouper, gag, and black grouper. In response
to public comment and to allow for evaluation of the results of a new
stock assessment for gag expected to be completed in July 2006,
consideration of implementation of the seasonal closure will be
deferred until the new assessment is completed.
No duplicative, overlapping, or conflicting Federal rules have been
identified.
A moratorium on the issuance of new charter vessel/headboat (for-
hire) permits for reef fish has been in effect since June 16, 2003,
and, currently, approximately 1,625 unique vessels are permitted to
operate in this fishery. The for-hire fishery is comprised of charter
vessels, which charge fees on a per-vessel basis, and headboats, which
charge fees on an individual angler basis. The average charter vessel
is estimated to generate $76,960 in annual revenue and $36,758 in
annual ``profit'' (computed as gross revenue minus costs; costs exclude
depreciation, fixed costs, and returns to owner/operators). The
comparable figures for an average headboat are $404,172 in annual gross
revenue and $338,209 in annual profits. Some vessels in the for-hire
fleet also participate in the commercial fisheries. However,
information on the average revenues generated from operation as a
commercial vessel and the impacts of these revenues on the overall
economic performance of the business operation are unknown.
Although the rule will not directly affect support industries,
potential reductions in fishing effort and associated expenditures may
have indirect impacts on hotels, restaurants, gear and bait shops, and
other associated businesses. It is not possible to enumerate or
characterize these businesses.
The rule will not change current reporting, recordkeeping and other
compliance requirements under the FMP. These requirements include
permit qualification criteria and participation in data collection
programs if selected by NMFS. All of the information elements required
for these processes are standard elements essential to the successful
operation of a fishing business and should, therefore, already be
collected and maintained as standard operating practice by the
business. The requirements do not require professional skills, and,
therefore, are deemed not to be onerous.
The Small Business Administration defines a small business in the
for-hire fishery sector as a firm that is independently owned and
operated, is not dominant in its field of operation, and has annual
receipts up to $6.5 million. Given the economic profile of the for-hire
fleet presented above, NMFS determined that all for-hire fishing
entities that could be affected by this final rule are small business
entities. Because all of these entities could be affected, NMFS
determined that the final rule will affect a substantial number of
small entities.
The determination of ``significant economic impact'' can be
ascertained by examining two issues: disproportionality and
profitability. The disproportionality question is whether the
regulations place a substantial number of small entities at a
significant competitive disadvantage to large entities. All for-hire
entities affected by the rule are considered small entities, so the
issue of disproportionality does not arise in the present case. The
profitability question is whether the regulations significantly reduce
profit for a substantial number of small entities. For-hire operations,
specifically charter boats, will bear the primary burden of the rule,
although spill-over impacts are expected in associated industries such
as hotels, marinas, and bait and tackle shops. For-hire operations may
experience a reduction in bookings, resulting in reduced receipts from
for-hire fees, tips, gear rental, food or beverages, and fish-cleaning.
No trip cancellations were projected due to the reduced red grouper bag
limit because most grouper trips have not historically landed either
the former red grouper or aggregate grouper daily bag limit.
Approximately 13,000 trips per year, on average, are expected to be
affected by the reduced red grouper bag limit. Although few of these
trips are expected to be cancelled due to the reduced bag limit, they
represent approximately $1.57 million in for-hire fees (approximately
$1,000 per vessel), or approximately 1 percent of average gross
revenues and 3 percent of average net revenues per vessel. No financial
impacts would accrue to trips that are not cancelled as a result of the
reduced bag limit. The impact of the rule on associated industries
cannot be determined.
Six alternatives, including the status quo, were considered to the
proposed red grouper bag limit and seasonal closure. The status quo
would have allowed continued landing overages in the recreational
sector and would, therefore, not meet the Council's objectives because
continued overages would not allow the fishery to meet rebuilding
goals. Additionally, for the
[[Page 34536]]
reasons stated above, the rule does not include the proposed seasonal
closure.
The second alternative would have reduced the red grouper daily bag
limit to one fish per angler or three fish per vessel, whichever is
less. This alternative is more restrictive than the bag limit in the
final rule and, therefore, would result in greater adverse economic
impacts due to greater loss of consumer surplus and greater likelihood
of trip cancellation.
The third alternative would have increased the red grouper
recreational minimum size limit to 22 inches (55.9 cm). An increase in
the minimum size limit, however, would be expected to increase bycatch
and discard mortality, which is inconsistent with the Council's
objective of minimizing bycatch and discard mortality. Thus, this
alternative would not meet the Council's objectives.
The fourth alternative would have reduced the red grouper
recreational bag limit within the aggregate grouper limit to one per
person per day and closed the season for all grouper during August.
This alternative would have resulted in greater reductions in consumer
surplus and potential foregone expenditures, therefore increasing the
adverse economic impacts relative to the final rule.
The fifth alternative would have reduced the red grouper
recreational bag limit within the aggregate limit to one per person per
day and closed the season for all grouper during April through May.
This alternative would also have resulted in greater reductions in
consumer surplus and potential foregone expenditures than the final
rule.
The sixth alternative would have reduced the red grouper bag limit
within the aggregate limit to one per person per day and increased the
minimum recreational size limit to 21 inches (53.3 cm). Similar to an
increase of the minimum size limit to 22 inches (55.9 cm), excessive
bycatch mortality was expected to accrue to this alternative.
The final alternative to the red grouper bag limit would have
reduced the red grouper bag limit within the aggregate grouper limit to
one fish per angler or three fish per vessel per day, whichever is
less, except for reef fish-permitted for-hire vessels with a U.S. Coast
Guard Certificate of Inspection. For these vessels, the resultant
vessel limit would be one red grouper per two paying passengers. This
alternative is more restrictive than the rule and would result in
greater adverse economic impacts than the rule.
One alternative, the status quo, was considered for the 0-fish
captain and crew grouper bag limit. The status quo, which would allow
captain and crew a bag limit equal to that of the recreational angler,
in combination with the other actions, would not achieve the necessary
red grouper harvest reductions and would not, therefore, meet the
Council's objectives. The 0-fish captain and crew bag limit constrains
the potential harvest capacity aboard for-hire vessels, limits
allowable bag limits to paying clients who are fishing recreationally,
and contributes additional reduction in fishing mortality.
Copies of the FRFA are available from NMFS (see ADDRESSES).
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: June 8, 2006,
James W. Balsiger,
Acting 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. 622.39, the suspensions of paragraphs (b)(1)(ii) and
(b)(1)(v) are lifted; paragraphs (b)(1)(viii) and (b)(1)(ix) are
removed; and paragraph (b)(1)(ii) is revised to read as follows:
Sec. 622.39 Bag and possession limits.
* * * * *
(b) * * *
(1) * * *
(ii) Groupers, combined, excluding goliath grouper and Nassau
grouper -5 per person per day, but not to exceed 1 speckled hind or 1
warsaw grouper per vessel per day or 1 red grouper per person per day.
However, no grouper may be retained by the captain or crew of a vessel
operating as a charter vessel or headboat--their bag limit is zero.
* * * * *
[FR Doc. E6-9312 Filed 6-14-06; 8:45 am]
BILLING CODE 3510-22-S