Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Gulf of Mexico Vermilion Snapper Fishery Management Measures, 406-411 [E7-25584]
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Federal Register / Vol. 73, No. 2 / Thursday, January 3, 2008 / Rules and Regulations
unless we delay the effective date of
revised § 414.50 with respect to
anatomic pathology diagnostic testing
services furnished in space that: (1) Is
utilized by a physician group practice as
a ‘‘centralized building’’ (as defined at
§ 411.351 of this chapter) for purposes
of complying with the physician selfreferral rules; and (2) does not qualify as
a ‘‘same building’’ under
§ 411.355(b)(2)(i) of this chapter.
Likewise, if we do not make this final
rule effective upon publication, patient
care may be significantly disrupted
during the interim period between the
issuance of the rule and a delayed
effective date.
IV. Collection of Information
Requirements
This document does not impose
information collection and
recordkeeping requirements.
Consequently, it need not be reviewed
by the Office of Management and
Budget under the authority of the
Paperwork Reduction Act of 1995 (44
U.S.C. 35).
V. Regulatory Impact Statement
We do not believe that this delay in
the date of applicability will result in
any significant economic impact on any
small entity. Until January 1, 2009, the
majority of billing suppliers affected by
the revised § 414.50 do not have to
comply with the revised requirements
in § 414.50.
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
Dated: December 18, 2007.
Kerry Weems,
Acting Administrator, Centers for Medicare
& Medicaid Services.
Approved: December 27, 2007.
Michael O. Leavitt,
Secretary.
[FR Doc. 07–6280 Filed 12–28–07; 1:17 pm]
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BILLING CODE 4120–01–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 600 and 622
[Docket No. 070518142–7238–02]
RIN 0648–AV45
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Gulf of
Mexico Vermilion Snapper 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 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 reduces the
minimum size limit for vermilion
snapper to 10 inches (25.4 cm) total
length (TL), eliminates the 10–fish
recreational bag limit for vermilion
snapper within the existing 20–fish
aggregate reef fish bag limit, and
eliminates the 40-day commercial
closed season for vermilion snapper
(from April 22 through May 31 each
year). NMFS is also implementing
through this rule clarifications for the
Gulf of Mexico red snapper individual
fishing quota (IFQ) program, as well as
non-substantive changes to codified
text, including removing obsolete
language regarding the use of fish traps
in the Gulf of Mexico, removing
outdated and redundant language,
revising phone numbers and an
outdated definition, and revising
incorrect references. The intended
effects of this final rule are to help
achieve optimum yield (OY) by
reducing vermilion snapper harvest
limitations consistent with the findings
of the recent stock assessment and to
clarify and update existing regulations.
DATES: This rule is effective February 4,
2008, except for the amendments
to§ 622.16(c)(3)(i) and (ii) which are
effective January 3, 2008 and the
amendment to § 622.39(b)(1)(x) which is
effective February 4, 2008 through
March 28, 2008.
ADDRESSES: Copies of the final
regulatory flexibility analysis (FRFA)
may be obtained from Sarah DeVido,
NMFS, Southeast Regional Office, 263
13th Avenue South, St. Petersburg, FL
33701; telephone 727–824–5305; fax
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727–824–5308; email
sarah.devido@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Sarah DeVido, telephone 727–824–5305;
fax 727–824–5308; e-mail
sarah.devido@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 through regulations at 50
CFR part 622 under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
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 through May 14, 2007
(72 FR 20980, April 27, 2007). The
rationale for the measures contained in
the regulatory amendment, is provided
in the preamble to the proposed rule
and the responses to comment below
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
A total of 83 individuals submitted
comments during the comment period
on the proposed rule to reduce the size
limit, relax the recreational bag limit,
and remove a commercial closure. Of
these, 68 of the commenters expressed
support for one, two or all three of the
proposed actions, and did not express
any specific objections. The remaining
15 commenters opposed one or more of
the proposed actions.
Comment 1: The regulations for
vermilion snapper should remain as
they are. Of special concern is the
proposal to remove the 10–fish bag limit
restriction. Such an action is not in line
with a conservation-oriented approach
to recreational fishing. The upcoming
reductions in bag limits for red snapper
and gray triggerfish may cause an effort
shift to vermilion snapper, which could
lead to increased harvests of this
species. Optimistic assumptions
regarding current low fishing mortality
should not be relied upon. Effort shifts
could substantially increase fishing
mortality, and the regulations would
have to be revised to ensure the
vermilion snapper stock does not
become overfished or undergo
overfishing.
Response: Fishery stocks should be
managed conservatively, with a goal of
achieving optimum yield (OY) from the
fishery. The 2006 stock assessment for
vermilion snapper incorporated new
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information unavailable for the 2001
assessment. The results of the 2006
stock assessment concluded vermilion
snapper was neither overfished nor
undergoing overfishing. Currently, the
vermilion snapper fishery is being
fished at a rate below OY. The
assessment suggests fishing mortality (F)
may exceed FOY by 2012, but should
not exceed the maximum fishing
mortality threshold, i.e., the overfishing
threshold, through 2017. The
regulations implemented through
Amendment 23 were overly restrictive
and can be removed to allow the fishery
to better achieve OY.
Comment 2: There was general
support for the proposed reduction in
the size limit, but mixed opinions
regarding the changes to the bag limit
and the commercial closure. Most
comments did not provide a rationale
for their support or opposition. Several
commenters opposed the removal of the
commercial closed season, but
supported the removal of the 10–fish
bag limit restriction within the 20–fish
aggregate bag limit. Some supported the
change in the size limit, but opposed the
other two proposed actions. Some
commenters apparently misinterpreted
the ‘‘removal’’ of the 10–fish bag limit
as meaning the bag limit would be set
to zero. A few commenters focused on
a possible reallocation of catches
between commercial and recreational
sectors if the commercial closure were
rescinded but the 10–fish bag limit were
retained.
Response: Given the vermilion
snapper fishery is not achieving
optimum yield, the relaxation of
harvesting restrictions is intended to
allow the fishery to better optimize this
resource. The size limit reduction is
expected to increase recreational catch
by as much as 20 percent, and
commercial harvest by 12 percent, while
reducing discard mortalities.
Elimination of the recreational bag limit
is not expected to greatly increase
harvest; before this restriction was
implemented, less than 2 percent of
anglers harvested more than 10 fish.
However, removal of the bag limit
restriction would allow anglers to take
more fish if they choose. Eliminating the
commercial closure is expected to
increase commercial harvest by as much
as 16 percent. In total, these actions
should allow increases of over 25
percent for both the recreational and
commercial sectors, which will
maintain current allocation ratios while
allowing fishery participants to derive
greater benefit from the vermilion
snapper resource.
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Clarification of Language
In § 622.16(c)(3)(i) and (ii), NMFS
clarifies language regarding the Gulf of
Mexico red snapper IFQ program
relating to a requirement for advanced
notification of landing and a restriction
on time of offloading IFQ red snapper.
NMFS believes that the current
regulatory text does not sufficiently
distinguish between the terms
‘‘landing’’ and ‘‘offloading’’ and,
therefore, is not consistent with the
intended regulatory effect. The current
wording of§ 622.16(c)(3)(i) refers to
landing which, by definition, includes
not only landing but also offloading.
The intent was to constrain the landing
of a vessel with IFQ red snapper on
board to an allowable time period no
less than 3 hours and no more than 12
hours after the time of advanced
notification of landing. However, the
current wording also constrains
offloading of IFQ red snapper to this
same time period. To correct this
unintentional effect, this rule defines
‘‘landing’’, for purposes of
§ 622.16(c)(3)(i) only, in a way that
removes any reference to ‘‘offloading.’’
In § 622.16(c)(3)(ii), the current
regulatory text refers to both ‘‘landing’’
(or ‘‘land’’) and ‘‘offloading’’ (or
‘‘offload’’) and restricts both to an
allowable time period of 6 a.m. to 6 p.m.
The intent was to restrict offloading of
IFQ red snapper to the 6 a.m. to 6 p.m.
time period, not to restrict landing the
vessel to that time frame. To correct this
unintentional effect, this rule deletes
reference to ‘‘landing’’ and ‘‘land’’ in
§ 622.16(c)(3)(ii).
Other Non-Substantive Changes
Implemented by NMFS
Revision to Definition
In § 622.2, NMFS revises the
definition of ‘‘Regional Administrator’’
to incorporate a change of address.
Revision to References
In § 622.7 and § 622.16, NMFS revises
incorrect references to other sections in
part 622.
Revision to Phone Numbers
In § 622.15, § 622.17, and§ 622.41, the
phone numbers for NMFS Office for
Law Enforcement, Southeast Region, are
updated.
Removal of Outdated Language
In § 622.17, references to fishing for
South Atlantic golden crab in the
northern zone through May 3, 2005 are
outdated and therefore removed.
In § 622.42, the reference to the South
Atlantic snowy grouper quota that
commences January 1, 2006 is outdated
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407
and therefore removed, and the
remaining paragraphs are redesignated.
In § 622.44, the reference to the South
Atlantic snowy grouper commercial trip
limit for 2006 is outdated and therefore
removed, and the remaining paragraphs
are redesignated.
Removal of Redundant Language
In § 622.37, the minimum size limit
for South Atlantic vermilion snapper is
12 inches (30.5 cm) for those that are
subject to the bag limit and those that
are not subject to the bag limit. This
language has been simplified to state
that the minimum size limit for South
Atlantic vermilion snapper is 12 inches
(30.5 cm).
Consistency of Language
In § 622.39, the language specifying
the Gulf grouper zero bag limit for
captain and crew has been revised to be
consistent with the language specifying
the Gulf red snapper zero bag limit for
captain and crew.
Removal of Obsolete Language
NMFS published a final rule in the
Federal Register on March 25, 1997 (62
FR 13983) prohibiting the use of fish
traps in the exclusive economic zone
(EEZ) of the Gulf of Mexico beginning
February 8, 2007. Therefore, this final
rule removes obsolete language
regarding the use and/or possession of
fish traps in the Gulf of Mexico and
revises several paragraphs to account for
the removal of this language.
General Prohibitions (§ 600.725)
In the table under paragraph (v),
under the heading ‘‘IV. Gulf of Mexico
Fishery Management Council,’’ entry
3.B. is removed because the use of fish
traps in the Gulf is no longer allowed.
Also, under the heading ‘‘III. South
Atlantic Fishery Management Council,’’
entry 6.B. is revised to reflect only the
use of sea bass pots in the South
Atlantic EEZ. The use of fish traps in
the South Atlantic has been prohibited
since January 1, 1992 (56 FR 56016,
October 31, 1991), however, this
language was inadvertently not removed
at that time.
Permits and Fees (§ 622.4)
Paragraphs (a)(2)(i) and (n) are
removed because fish traps are no
longer allowed to be used and/or
possessed in the Gulf of Mexico.
Paragraph (a)(4)(i) is revised to clarify
language regarding dealer permit
requirements for the specified species in
the Gulf, South Atlantic, and Atlantic
EEZs. Paragraphs (b)(3)(ii)(G), (d), and
(g)(1) are revised to eliminate language
allowing fish traps in the Gulf but retain
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language allowing the use and
possession of sea bass pots in the South
Atlantic EEZ.
Recordkeeping and Reporting (§ 622.5)
Paragraphs (a)(1)(ii)(A) and (B) are
removed because the use and/or
possession of fish traps is no longer
allowed in the Gulf of Mexico.
Vessel and Gear Identification (§ 622.6)
Paragraphs (a)(1)(ii), (b)(1)(i)(B), and
(b)(1)(ii)(B) are revised to eliminate fish
trap language but retain sea bass pot
language for use and/or possession in
the South Atlantic EEZ.
Vessel Monitoring Systems (VMSs)
(§ 622.9)
The last sentence of paragraph (a)(2)
is removed because it is no longer
effective.
Prohibited Gear and Methods (§ 622.31)
Paragraphs (c)(1) through (c)(3) are
removed, however, paragraph (c) is
retained and revised to include language
which prohibits the use and/or
possession of fish traps in both the
South Atlantic and Gulf EEZs.
Gulf EEZ Seasonal and/or Area
Closures (§ 622.34)
Paragraph (g)(3) is removed because
fish traps are no longer allowed to be
used or possessed in the Gulf EEZ.
Bag and Possession Limits (§ 622.39)
Paragraph (a)(2)(iv) is revised to
eliminate language pertaining to fish
traps.
Limitations on Traps and Pots
(§ 622.40)
Paragraphs (a)(2), (b)(2), (c)(2), and
(d)(1) are removed to eliminate the use
and/or possession of fish traps in the
Gulf. The subsequent paragraphs are
redesignated for clarity and flow.
Paragraph (d)(2) is added and reserved
to avoid confusion.
Species Specific Limitations (§ 622.41)
Paragraph (i) is revised to eliminate
outdated language implying use and/or
possession of fish traps in the Gulf of
Mexico is allowed.
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Classification
The Administrator, Southeast Region,
NMFS determined the regulatory
amendment is necessary for the
management of the Gulf of Mexico
vermilion snapper 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.
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A final regulatory flexibility analysis
(FRFA) was prepared. The FRFA
incorporates the initial regulatory
flexibility analysis (IRFA), a summary of
significant economic issues raised by
public comments, NMFS responses to
those comments, and a summary of the
analyses completed to support the
action. A copy of the full analysis is
available from the NMFS (see
ADDRESSES). A summary of the
analysis follows.
This rule will reduce the minimum
size limit for vermilion snapper to 10
inches (25.4 cm) TL, eliminate the 10–
fish vermilion snapper recreational bag
limit but include vermilion snapper in
the 20–fish aggregate bag limit, and
eliminate the April 22 through May 31
commercial closed season. The purpose
of this action is to eliminate
management measures that are causing
the vermilion snapper fishery to be
fished at a rate below OY, which is
resulting in the unnecessary loss of
social and economic benefits. These
regulations have been determined to no
longer be required because the
vermilion snapper stock has been
determined to be healthy, not
overfished, nor undergoing overfishing.
No significant economic issues were
raised by public comments. Therefore,
no changes were made in the final rule
as a result of such comments.
The measures in this rule are
expected to affect commercial reef fish
operations, for-hire vessels operating in
the reef fish fishery, and dealers and
processors that receive vermilion
snapper. As of October 2003, there were
1,158 active commercial reef fish
permits. Of these entities, 441 vessels
reported logbook landings of vermilion
snapper, with most using vertical line
gear. During the period 2000–2004, the
average vessel operating in the
commercial vermilion snapper fishery
generated revenues of $65,200 of which
$7,400 was from vermilion snapper
harvests. These estimates included all
vessels that landed at least 1 lb (0.5 kg)
of vermilion snapper and all the trips
taken by these vessels regardless of
whether vermilion snapper was caught
on that trip. These estimates are
assumed to be lower bound estimates,
however, since landings of all
commercial species, whether from
Federal or state fisheries, are not
required to be recorded or captured by
the logbook program, which captures
only reef fish and coastal pelagic
harvests.
An estimated 1,625 for-hire vessels
are currently permitted to harvest reef
fish in the Gulf of Mexico. This sector
is comprised of charter boats that are
generally smaller and charge a fee on a
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per-vessel basis, and headboats that are
larger and charge a fee per angler. On
average, charter boats are estimated to
generate gross revenues ranging from
$58,000 in the eastern Gulf to $81,000
in the western Gulf, or an overall
average of $64,000. The comparable
values for headboats are $281,000 and
$550,000, or an overall average of
$400,000.
The Small Business Administration
(SBA) defines a small business
operating in the finfish industry as one
that is independently owned and
operated, is not dominant in its field of
operation, and has average annual
receipts not in excess of $4.0 million
(NAICS code 114111, finfish fishing).
The appropriate revenue benchmark for
a vessel operating in the for-hire sector
is $6.5 million (NAICS code 713990,
amusement and recreation industries).
Based on the gross revenue estimates
presented above, all commercial and
for-hire fishing vessels potentially
affected by this rule are determined, for
the purpose of this analysis, to be small
business entities.
Instead of a receipts threshold, the
SBA uses an employment threshold for
seafood dealers and processors, with the
appropriate values of fewer than 100
employees per dealer and fewer than
500 employees per processor. A Federal
permit is required for a fish dealer to
purchase reef fish from commercial
vessels. Based on permits files, there are
currently 227 dealers holding permits to
buy and sell reef fish species. All reef
fish processors would be included in
this total since a processor must be a
dealer. Dealers often hold multiple
types of permits and operate in both
Federal and state fisheries. It is
unknown what percentage of any of the
average dealer’s business comes from
the vermilion snapper fishery.
Average employment information per
reef fish dealer is unknown. Although
dealers and processors are not
synonymous entities, total employment
for reef fish processors in the Southeast
is estimated at approximately 700
individuals, both part and full time.
While all processors must be dealers, a
dealer need not be a processor. Further,
processing is a much more laborintensive exercise than dealing.
Therefore, given the employment
estimate for the processing sector (700
persons) and the total number of dealers
operating in the reef fish fishery (227),
NMFS determines that the average
number of employees per dealer and
processor does not surpass the SBA
employment benchmark and, for the
purpose of this analysis, NMFS
determines that all dealers potentially
affected by this rule are small entities.
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None of the measures in this rule will
alter existing reporting and recordkeeping requirements.
The rule is expected to increase net
revenues in the commercial vermilion
snapper fishery by approximately
$1.443 million, or approximately 3.5
percent of total average net revenues
relative to the 2000–2002 fishery. If
spread over the average 441 vessels that
operated in the fishery from 2000–2004,
the increased net revenues expected to
be generated as a result of the rule
equate to approximately $3,300 per
vessel or approximately 5 percent of
average gross revenues.
Within the for-hire sector, the rule is
expected to result in an increase of
approximately $3.158 million in net
revenues. It is not possible to determine
how many of the 1,625 entities
permitted to operate in this fishery will
be affected. If evenly distributed across
all said entities, the expected increase in
net revenues equates to approximately
$1,900 per entity, or approximately 12
percent per entity. Since not all of the
vessels permitted to operate in the forhire reef fish fishery are expected to
participate in the vermilion snapper
fishery, actual increases in net revenue
per vessel for those vessels fishing for
vermilion snapper are expected to
exceed these estimates.
The impact of the rule on reef fish
dealers cannot be determined with
available data. However, although the
current measures were originally
projected to result in an approximate
26–percent reduction in vermilion
snapper harvests, which are expected to
be recovered under the rule, the
vermilion snapper fishery comprises
less than 10 percent of the total
commercial reef fish fishery. Hence, the
additional commercial harvests, and
resultant effect on revenues or profits,
expected to occur as a result of the rule,
are not expected to be substantial
relative to overall commercial reef fish
sales.
Two alternatives to the measures in
this final rule, including the status quo,
were considered. The status quo would
maintain current regulations in the
fishery that are not biologically
supported and would result in the loss
of economic benefits. The second
alternative allowed the continuation or
suspension of the individual
components of current vermilion
snapper regulations. The continuation
of any of these individual components
would be expected to, similar to the
status quo, result in the continued loss
of economic benefits to the fishery. The
rule will rescind current regulations that
have been determined to be unnecessary
from a biological perspective and is
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expected to result in increased
economic and social benefits to the
fishery.
Pursuant to 5 U.S.C. 533(b)(B), NMFS
finds good cause to waive notice and
comment on the non-substantive
measures contained in this rule. These
measures, which remove obsolete text
regarding the use of fish traps in the
Gulf of Mexico, remove outdated and
redundant language, revise phone
numbers and an outdated definition,
and revise incorrect references, simply
clarify and update existing regulations
to eliminate confusion among the
regulated communities. No additional
regulatory requirements are imposed by
these measures. Therefore, providing
notice and comment would be
unnecessary and contrary to the public
interest.
NMFS also finds good cause to waive
notice and comment, and the 30-day
delay in effective date, pursuant to 5
U.S.C. 533(d)(3), on language clarifying
Gulf of Mexico red snapper IFQ program
components. The current definition of
‘‘landing’’ includes both arrival of a
vessel at a dock, berth, beach, seawall,
or ramp, and offloading of the catch,
which therefore constrains fishers to
complete both of these activities during
the 6 a.m. to 6 p.m. time frame.
However, NMFS’ intent was to restrict
only offloading to this time period. The
current regulatory text creates
unnecessary safety issues for IFQ fishers
that must stay out longer waiting for the
offloading window. It is frequently
difficult to predict arrival time due to
variable weather conditions, vessel
operational problems, or at-sea
boardings that occur after advanced
notification of landing is given. Vessels
waiting offshore to land their vessels
and offload their catch will add to
navigational congestion and increased
vessel traffic, raising concerns about
vessel traffic safety. Being required to
wait offshore also increases the risk of
fuel shortages, and in turn bilge failure,
adding to the potential for vessel
damage or loss. Providing an
opportunity for public notice and
comment would delay implementation
of these measures beyond the imminent
opening date of the commercial fishery
on January 1, 2008, which would extend
these risks and is therefore unnecessary
and contrary to the public interest. For
all of these reasons, NMFS finds good
cause to waive notice and comment and
the 30-day delay in effective date on
these measures.
List of Subjects
50 CFR Part 600
Administrative practice and
procedures, Confidential business
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information, Fisheries, Fishing, Fishing
vessels, Foreign relations,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Statistics.
50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: December 28, 2007
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
For the reasons set out in the
preamble, 50 CFR parts 600 and 622 are
amended as follows:
I
PART 600—MAGNUSON-STEVENS
ACT PROVISIONS
1. The authority citation for part 600
continues to read as follows:
I
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801
et seq.
2. In § 600.725, in paragraph (v), in the
table under heading ‘‘IV. Gulf of Mexico
Fishery management Council,’’ entry
3.B. is removed entries 3.C. and 3.D. are
redesignated as 3.B. and 3.C.,
respectively and under heading ‘‘III.
South Atlantic Fishery Management
Council,’’ entry 6.B. is revised to read as
follows.
I
§ 600.725
*
General prohibitions.
*
*
(v) * * *
*
*
Authorized
gear types
Fishery
*
*
*
*
*
*
III. South Atlantic Fishery Management
Council
*
*
*
*
6. * * *
B. Black sea bass pot fishery
*
*
*
*
B. Pot.
*
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
3. The authority citation for part 622
continues to read as follows:
I
Authority: 16 U.S.C. 1801 et seq.
4. In § 622.2, the definition for
‘‘Regional Administrator’’ is revised to
read as follows:
I
§ 622.2
Definitions and acronyms.
*
*
*
*
*
Regional Administrator (RA), for the
purposes of this part, means the
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Administrator, Southeast Region,
NMFS, 263 13th Avenue South, St.
Petersburg, FL 33701, or a designee.
*
*
*
*
*
I 5. In § 622.4, paragraphs (a)(2)(i) and
(n) are removed and reserved; and
paragraph (a)(4)(i), (b)(3)(ii)(G), the first
and last sentence of paragraph (d), and
the first sentence of paragraph (g)(1) are
revised to read as follows:
jlentini on PROD1PC65 with RULES
§ 622.4
Permits and fees.
(a) * * *
(4) * * *
(i) Permits. For a dealer to receive
Gulf reef fish harvested from the Gulf
EEZ; golden crab, South Atlantic
snapper-grouper, rock shrimp, or
wreckfish harvested from the South
Atlantic EEZ; or dolphin or wahoo
harvested from the Atlantic EEZ; a
dealer permit for Gulf reef fish, golden
crab, South Atlantic snapper-grouper,
rock shrimp, wreckfish, or Atlantic
dolphin and wahoo, respectively, must
be issued to the dealer.
*
*
*
*
*
(b) * * *
(3) * * *
(ii) * * *
(G) If a sea bass pot will be used, the
number, dimensions, and estimated
cubic volume of the pots that will be
used and the applicant’s desired color
code for use in identifying his or her
vessel and buoys (white is not an
acceptable color code).
*
*
*
*
*
(d) Fees. Unless specified otherwise, a
fee is charged for each application for a
permit, license, or endorsement
submitted under this section, for each
request for transfer or replacement of
such permit, license, or endorsement,
and for each sea bass pot identification
tag required under § 622.6(b)(1)(i)(B). *
* * The appropriate fee must
accompany each application, request for
transfer or replacement, or request for
sea bass pot identification tags.
*
*
*
*
*
(g) * * *
(1) Vessel permits, licenses, and
endorsements and dealer permits. A
vessel permit, license, or endorsement
or a dealer permit or endorsement
issued under this section is not
transferable or assignable, except as
provided in paragraph (m) of this
section for a commercial vessel permit
for Gulf reef fish, in paragraph (o) of this
section for a king mackerel gillnet
permit, in paragraph (q) of this section
for a commercial vessel permit for king
mackerel, in paragraph (r) of this section
for a charter vessel/headboat permit for
Gulf coastal migratory pelagic fish or
Gulf reef fish, in paragraph (s) of this
VerDate Aug<31>2005
16:54 Jan 02, 2008
Jkt 214001
section for a commercial vessel
moratorium permit for Gulf shrimp, in
§ 622.17(c) for a commercial vessel
permit for golden crab, in § 622.18(b) for
a commercial vessel permit for South
Atlantic snapper-grouper, or in
§ 622.19(b) for a commercial vessel
permit for South Atlantic rock shrimp.
***
*
*
*
*
*
§ 622.5 [Amended]
I 6. In § 622.5, paragraphs (a)(1)(ii)(A)
and (B) are removed.
I 7. In § 622.6, the first sentence in
paragraph (a)(1)(ii), the first sentence in
paragraph (b)(1)(i)(B), and paragraph
(b)(1)(ii)(B) are revised to read as
follows:
§ 622.6
Vessel and gear identification.
(a) * * *
(1) * * *
(ii) Official number and color code.
The following vessels must display their
official number as specified in
paragraph (a)(1)(i) of this section and, in
addition, must display their assigned
color code: A vessel for which a permit
has been issued to fish with a sea bass
pot, as required under § 622.4(a)(2)(vi);
a vessel in the commercial Caribbean
reef fish fishery fishing with traps; and
a vessel in the Caribbean spiny lobster
fishery.* * *
*
*
*
*
*
(b) * * *
(1) * * *
(i) * * *
(B) South Atlantic EEZ. A sea bass pot
used or possessed in the South Atlantic
EEZ between 35°15.19′ N. lat. (due east
of Cape Hatteras Light, NC) and 28°35.1′
N. lat. (due east of the NASA Vehicle
Assembly Building, Cape Canaveral,
FL), or a sea bass pot on board a vessel
with a commercial permit for South
Atlantic snapper-grouper, must have a
valid identification tag issued by the RA
attached. * * *
(ii) * * *
(B) South Atlantic EEZ. In the South
Atlantic EEZ, buoys are not required to
be used, but, if used, each buoy must
display the official number and color
code assigned by the RA. However, no
color code is required on a buoy
attached to a golden crab trap.
*
*
*
*
*
I 8. In § 622.7, paragraph (w) is revised
to read as follows:
§ 622.7
Prohibitions.
*
*
*
*
*
(w) Fail to comply with the
requirements for observer coverage as
specified in § 622.8.
*
*
*
*
*
§ 622.9 [Amended]
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
9. In § 622.9, the last sentence of
paragraph (a)(2) is removed.
I 10. In § 622.15, paragraph (d)(4) is
revised to read as follows:
I
§ 622.15 Wreckfish individual transferable
quota (ITQ) system.
*
*
*
*
*
(d) * * *
(4) If a wreckfish is to be offloaded at
a location other than a fixed facility of
a dealer who holds a dealer permit for
wreckfish, as required under § 622.4
(a)(4), the wreckfish shareholder or the
vessel operator must advise NMFS
Office for Law Enforcement, Southeast
Region, St. Petersburg, FL, by telephone
(727–824–5344), of the location not less
than 24 hours prior to offloading.
I 11. In § 622.16, a sentence is added to
the beginning of paragraph (c)(3)(i), and
the last sentence of paragraph (c)(3)(i)
and paragraph (c)(3)(ii) are revised to
read as follows:
§ 622.16 Gulf red snapper individual
fishing quota (IFQ) program.
*
*
*
*
*
(c) * * *
(3) * * *
(i) Advance notice of landing. For the
purpose of this paragraph, landing
means to arrive at a dock, berth, beach,
seawall, or ramp. * * * Failure to
comply with this advance notice of
landing requirement is unlawful and
will preclude authorization to complete
the landing transaction report required
in paragraph (c)(1)(iii) of this section
and, thus, will preclude issuance of the
required transaction approval code.
(ii) Time restriction on offloading. IFQ
red snapper may be offloaded only
between 6 a.m. and 6 p.m., local time.
*
*
*
*
*
I 12. In § 622.17, paragraph (b)(4)(ii) is
removed and reserved, and the third
and fourth sentences in paragraph (b)(2)
are revised to read as follows:
§ 622.17 South Atlantic golden crab
controlled access.
*
*
*
*
*
(b) * * *
(2) * * * A vessel with a documented
length overall greater than 65 ft (19.8 m)
with a permit to fish for golden crab in
the southern zone may fish in that zone,
consistent with the provisions of
paragraph (b)(3) of this section. A vessel
may possess golden crab only in a zone
in which it is authorized to fish, except
that other zones may be transited if the
vessel notifies NMFS Office for Law
Enforcement, Southeast Region, St.
Petersburg, FL, by telephone (727–824–
5344) in advance and does not fish in
a zone in which it is not authorized to
fish.
*
*
*
*
*
E:\FR\FM\03JAR1.SGM
03JAR1
Federal Register / Vol. 73, No. 2 / Thursday, January 3, 2008 / Rules and Regulations
13. In § 622.31, paragraph (c) is
revised to read as follows:
I
§ 622.31
Prohibited gear and methods.
*
*
*
*
*
(c) Fish traps. A fish trap may not be
used or possessed in the Gulf or South
Atlantic EEZ. A fish trap deployed in
the Gulf or South Atlantic EEZ may be
disposed of in any appropriate manner
by the Assistant Administrator or an
authorized officer.
*
*
*
*
*
§ 622.34 [Amended]
I 14. In § 622.34, paragraph (g)(3) is
removed, and paragraph (n) is removed
and reserved.
I 15. In § 622.37, paragraphs (d)(1)(ii)
and (e)(1)(ii) are revised to read as
follows:
§ 622.37
Size limits.
*
*
*
*
*
(d) * * *
(1) * * *
(ii) Vermilion snapper—10 inches
(25.4 cm), TL.
*
*
*
*
*
(e) * * *
(1) * * *
(ii) Vermilion snapper—12 inches
(30.5 cm), TL.
*
*
*
*
*
I 16. In § 622.39, paragraphs (a)(2)(iv),
and (b)(1)(ii) are revised; paragraph
(b)(1)(ix) is removed and reserved; and
paragraph (b)(1)(x) is added to read as
follows:
§ 622.39
Bag and possession limits.
jlentini on PROD1PC65 with RULES
*
*
*
*
*
(a) * * *
(2) * * *
(iv) When the vessel has on board or
is tending any trap other than a stone
crab trap or a spiny lobster trap.
*
*
*
*
*
(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. The bag limit for such
captain and crew is zero.
*
*
*
*
*
(x) Gulf reef fish, combined,
excluding those specified in paragraphs
(b)(1)(i), (ii) , (iv), (vi), (vii), and (viii) of
this section and excluding dwarf sand
perch and sand perch—20.
*
*
*
*
*
§ 622.40 [Amended]
I 17. In § 622.40, paragraphs (a)(2),
(b)(2), (c)(2), and (d)(1) are removed;
VerDate Aug<31>2005
19:37 Jan 02, 2008
Jkt 214001
paragraphs (a)(3), (b)(3), (c)(3), and
(d)(2) are redesignated as paragraphs
(a)(2), (b)(2), (c)(2), and (d)(1),
respectively, and paragraph (d)(2) is
added and reserved.
I 18. In § 622.41, paragraphs (a)(4) and
(i) are revised to read as follows:
DEPARTMENT OF COMMERCE
§ 622.41
411
RIN 0648–XE43
Species specific limitations.
(a) * * *
(4) Not less than 24 hours prior to
harvest of aquacultured live rock, the
owner or operator of the harvesting
vessel must provide the following
information to the NMFS Office for Law
Enforcement, Southeast Region, St.
Petersburg, FL, by telephone (727–824–
5344):
*
*
*
*
*
(i) Gulf reef fish exhibiting trap rash.
Possession of Gulf reef fish in or from
the Gulf EEZ that exhibit trap rash is
prima facie evidence of illegal trap use
and is prohibited. For the purpose of
this paragraph, trap rash is defined as
physical damage to fish that
characteristically results from contact
with wire fish traps. Such damage
includes, but is not limited to, broken
fin spines, fin rays, or teeth; visually
obvious loss of scales; and cuts or
abrasions on the body of the fish,
particularly on the head, snout, or
mouth.
*
*
*
*
*
§ 622.42 [Amended]
I 19. In § 622.42, paragraph (e)(1)(i) is
removed and paragraphs (e)(1)(ii) and
(iii) are redesignated as (e)(1)(i) and (ii),
respectively.
§ 622.44 [Amended]
I 20. In § 622.44, paragraph (c)(3)(i) is
removed and paragraphs (c)(3)(ii)
through (iv) are redesignated as
paragraphs (c)(3)(i) through (iii),
respectively.
§ 622.45 [Amended]
I 21. In § 622.45, paragraph (c)(5) is
removed.
I 22. In addition to the amendments set
forth above, in 50 CFR part 622, revise
all references to ‘‘NMFS, Office of
Enforcement’’; ‘‘NMFS Office of
Enforcement’’; ‘‘NMFS Office of Law
Enforcement’’; and ‘‘NMFS Law
Enforcement Office’’ to read ‘‘NMFS
Office for Law Enforcement’’ wherever
they occur.
[FR Doc. E7–25584 Filed 1–2–08; 8:45 am]
BILLING CODE 3510–22–S
PO 00000
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 061109296–7009–02]
Fisheries of the Northeastern United
States; Atlantic Bluefish Fishery;
Quota Transfer
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason quota
transfer.
AGENCY:
SUMMARY: NMFS announces that the
State of Florida is transferring
commercial bluefish quota to the State
of New York from its 2007 quota. By
this action, NMFS adjusts the quotas
and announces the revised commercial
quota for each state involved.
DATES: Effective December 28, 2007
through December 31, 2007.
FOR FURTHER INFORMATION CONTACT:
Emily Bryant, Fishery Management
Specialist, (978) 281–9244, fax (978)
281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the Atlantic
bluefish fishery are found at 50 CFR part
648. The regulations require annual
specification of a commercial quota that
is apportioned among the coastal states
from Florida through Maine. The
process to set the annual commercial
quota and the percent allocated to each
state is described in § 648.160.
Two or more states, under mutual
agreement and with the concurrence of
the Administrator, Northeast Region,
NMFS (Regional Administrator), can
transfer or combine bluefish commercial
quota under § 648.160(f). The Regional
Administrator is required to consider
the criteria set forth in § 648.160(f)(1) in
the evaluation of requests for quota
transfers or combinations.
Florida has agreed to transfer 100,000
lb (45,359 kg) of its 2007 commercial
quota to New York. The Regional
Administrator has determined that the
criteria set forth in § 648.160(f)(1) have
been met. The revised bluefish quotas
for calendar year 2007 are: New York,
1,334,278 lb (605,218 kg); and Florida,
453,488 lb (205,699 kg).
Classification
This action is taken under 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Frm 00023
Fmt 4700
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E:\FR\FM\03JAR1.SGM
03JAR1
]]>Agencies
[Federal Register Volume 73, Number 2 (Thursday, January 3, 2008)]
[Rules and Regulations]
[Pages 406-411]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25584]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 600 and 622
[Docket No. 070518142-7238-02]
RIN 0648-AV45
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Gulf of Mexico Vermilion Snapper 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 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 reduces the minimum size
limit for vermilion snapper to 10 inches (25.4 cm) total length (TL),
eliminates the 10-fish recreational bag limit for vermilion snapper
within the existing 20-fish aggregate reef fish bag limit, and
eliminates the 40-day commercial closed season for vermilion snapper
(from April 22 through May 31 each year). NMFS is also implementing
through this rule clarifications for the Gulf of Mexico red snapper
individual fishing quota (IFQ) program, as well as non-substantive
changes to codified text, including removing obsolete language
regarding the use of fish traps in the Gulf of Mexico, removing
outdated and redundant language, revising phone numbers and an outdated
definition, and revising incorrect references. The intended effects of
this final rule are to help achieve optimum yield (OY) by reducing
vermilion snapper harvest limitations consistent with the findings of
the recent stock assessment and to clarify and update existing
regulations.
DATES: This rule is effective February 4, 2008, except for the
amendments toSec. 622.16(c)(3)(i) and (ii) which are effective January
3, 2008 and the amendment to Sec. 622.39(b)(1)(x) which is effective
February 4, 2008 through March 28, 2008.
ADDRESSES: Copies of the final regulatory flexibility analysis (FRFA)
may be obtained from Sarah DeVido, NMFS, Southeast Regional Office, 263
13th Avenue South, St. Petersburg, FL 33701; telephone 727-824-5305;
fax 727-824-5308; email sarah.devido@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Sarah DeVido, telephone 727-824-5305;
fax 727-824-5308; e-mail sarah.devido@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 through regulations at 50 CFR part 622 under the authority
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act).
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 through May 14, 2007
(72 FR 20980, April 27, 2007). The rationale for the measures contained
in the regulatory amendment, is provided in the preamble to the
proposed rule and the responses to comment below 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
A total of 83 individuals submitted comments during the comment
period on the proposed rule to reduce the size limit, relax the
recreational bag limit, and remove a commercial closure. Of these, 68
of the commenters expressed support for one, two or all three of the
proposed actions, and did not express any specific objections. The
remaining 15 commenters opposed one or more of the proposed actions.
Comment 1: The regulations for vermilion snapper should remain as
they are. Of special concern is the proposal to remove the 10-fish bag
limit restriction. Such an action is not in line with a conservation-
oriented approach to recreational fishing. The upcoming reductions in
bag limits for red snapper and gray triggerfish may cause an effort
shift to vermilion snapper, which could lead to increased harvests of
this species. Optimistic assumptions regarding current low fishing
mortality should not be relied upon. Effort shifts could substantially
increase fishing mortality, and the regulations would have to be
revised to ensure the vermilion snapper stock does not become
overfished or undergo overfishing.
Response: Fishery stocks should be managed conservatively, with a
goal of achieving optimum yield (OY) from the fishery. The 2006 stock
assessment for vermilion snapper incorporated new
[[Page 407]]
information unavailable for the 2001 assessment. The results of the
2006 stock assessment concluded vermilion snapper was neither
overfished nor undergoing overfishing. Currently, the vermilion snapper
fishery is being fished at a rate below OY. The assessment suggests
fishing mortality (F) may exceed FOY by 2012, but should not exceed the
maximum fishing mortality threshold, i.e., the overfishing threshold,
through 2017. The regulations implemented through Amendment 23 were
overly restrictive and can be removed to allow the fishery to better
achieve OY.
Comment 2: There was general support for the proposed reduction in
the size limit, but mixed opinions regarding the changes to the bag
limit and the commercial closure. Most comments did not provide a
rationale for their support or opposition. Several commenters opposed
the removal of the commercial closed season, but supported the removal
of the 10-fish bag limit restriction within the 20-fish aggregate bag
limit. Some supported the change in the size limit, but opposed the
other two proposed actions. Some commenters apparently misinterpreted
the ``removal'' of the 10-fish bag limit as meaning the bag limit would
be set to zero. A few commenters focused on a possible reallocation of
catches between commercial and recreational sectors if the commercial
closure were rescinded but the 10-fish bag limit were retained.
Response: Given the vermilion snapper fishery is not achieving
optimum yield, the relaxation of harvesting restrictions is intended to
allow the fishery to better optimize this resource. The size limit
reduction is expected to increase recreational catch by as much as 20
percent, and commercial harvest by 12 percent, while reducing discard
mortalities. Elimination of the recreational bag limit is not expected
to greatly increase harvest; before this restriction was implemented,
less than 2 percent of anglers harvested more than 10 fish. However,
removal of the bag limit restriction would allow anglers to take more
fish if they choose. Eliminating the commercial closure is expected to
increase commercial harvest by as much as 16 percent. In total, these
actions should allow increases of over 25 percent for both the
recreational and commercial sectors, which will maintain current
allocation ratios while allowing fishery participants to derive greater
benefit from the vermilion snapper resource.
Clarification of Language
In Sec. 622.16(c)(3)(i) and (ii), NMFS clarifies language
regarding the Gulf of Mexico red snapper IFQ program relating to a
requirement for advanced notification of landing and a restriction on
time of offloading IFQ red snapper. NMFS believes that the current
regulatory text does not sufficiently distinguish between the terms
``landing'' and ``offloading'' and, therefore, is not consistent with
the intended regulatory effect. The current wording ofSec.
622.16(c)(3)(i) refers to landing which, by definition, includes not
only landing but also offloading. The intent was to constrain the
landing of a vessel with IFQ red snapper on board to an allowable time
period no less than 3 hours and no more than 12 hours after the time of
advanced notification of landing. However, the current wording also
constrains offloading of IFQ red snapper to this same time period. To
correct this unintentional effect, this rule defines ``landing'', for
purposes of Sec. 622.16(c)(3)(i) only, in a way that removes any
reference to ``offloading.''
In Sec. 622.16(c)(3)(ii), the current regulatory text refers to
both ``landing'' (or ``land'') and ``offloading'' (or ``offload'') and
restricts both to an allowable time period of 6 a.m. to 6 p.m. The
intent was to restrict offloading of IFQ red snapper to the 6 a.m. to 6
p.m. time period, not to restrict landing the vessel to that time
frame. To correct this unintentional effect, this rule deletes
reference to ``landing'' and ``land'' in Sec. 622.16(c)(3)(ii).
Other Non-Substantive Changes Implemented by NMFS
Revision to Definition
In Sec. 622.2, NMFS revises the definition of ``Regional
Administrator'' to incorporate a change of address.
Revision to References
In Sec. 622.7 and Sec. 622.16, NMFS revises incorrect references
to other sections in part 622.
Revision to Phone Numbers
In Sec. 622.15, Sec. 622.17, andSec. 622.41, the phone numbers
for NMFS Office for Law Enforcement, Southeast Region, are updated.
Removal of Outdated Language
In Sec. 622.17, references to fishing for South Atlantic golden
crab in the northern zone through May 3, 2005 are outdated and
therefore removed.
In Sec. 622.42, the reference to the South Atlantic snowy grouper
quota that commences January 1, 2006 is outdated and therefore removed,
and the remaining paragraphs are redesignated.
In Sec. 622.44, the reference to the South Atlantic snowy grouper
commercial trip limit for 2006 is outdated and therefore removed, and
the remaining paragraphs are redesignated.
Removal of Redundant Language
In Sec. 622.37, the minimum size limit for South Atlantic
vermilion snapper is 12 inches (30.5 cm) for those that are subject to
the bag limit and those that are not subject to the bag limit. This
language has been simplified to state that the minimum size limit for
South Atlantic vermilion snapper is 12 inches (30.5 cm).
Consistency of Language
In Sec. 622.39, the language specifying the Gulf grouper zero bag
limit for captain and crew has been revised to be consistent with the
language specifying the Gulf red snapper zero bag limit for captain and
crew.
Removal of Obsolete Language
NMFS published a final rule in the Federal Register on March 25,
1997 (62 FR 13983) prohibiting the use of fish traps in the exclusive
economic zone (EEZ) of the Gulf of Mexico beginning February 8, 2007.
Therefore, this final rule removes obsolete language regarding the use
and/or possession of fish traps in the Gulf of Mexico and revises
several paragraphs to account for the removal of this language.
General Prohibitions (Sec. 600.725)
In the table under paragraph (v), under the heading ``IV. Gulf of
Mexico Fishery Management Council,'' entry 3.B. is removed because the
use of fish traps in the Gulf is no longer allowed. Also, under the
heading ``III. South Atlantic Fishery Management Council,'' entry 6.B.
is revised to reflect only the use of sea bass pots in the South
Atlantic EEZ. The use of fish traps in the South Atlantic has been
prohibited since January 1, 1992 (56 FR 56016, October 31, 1991),
however, this language was inadvertently not removed at that time.
Permits and Fees (Sec. 622.4)
Paragraphs (a)(2)(i) and (n) are removed because fish traps are no
longer allowed to be used and/or possessed in the Gulf of Mexico.
Paragraph (a)(4)(i) is revised to clarify language regarding dealer
permit requirements for the specified species in the Gulf, South
Atlantic, and Atlantic EEZs. Paragraphs (b)(3)(ii)(G), (d), and (g)(1)
are revised to eliminate language allowing fish traps in the Gulf but
retain
[[Page 408]]
language allowing the use and possession of sea bass pots in the South
Atlantic EEZ.
Recordkeeping and Reporting (Sec. 622.5)
Paragraphs (a)(1)(ii)(A) and (B) are removed because the use and/or
possession of fish traps is no longer allowed in the Gulf of Mexico.
Vessel and Gear Identification (Sec. 622.6)
Paragraphs (a)(1)(ii), (b)(1)(i)(B), and (b)(1)(ii)(B) are revised
to eliminate fish trap language but retain sea bass pot language for
use and/or possession in the South Atlantic EEZ.
Vessel Monitoring Systems (VMSs) (Sec. 622.9)
The last sentence of paragraph (a)(2) is removed because it is no
longer effective.
Prohibited Gear and Methods (Sec. 622.31)
Paragraphs (c)(1) through (c)(3) are removed, however, paragraph
(c) is retained and revised to include language which prohibits the use
and/or possession of fish traps in both the South Atlantic and Gulf
EEZs.
Gulf EEZ Seasonal and/or Area Closures (Sec. 622.34)
Paragraph (g)(3) is removed because fish traps are no longer
allowed to be used or possessed in the Gulf EEZ.
Bag and Possession Limits (Sec. 622.39)
Paragraph (a)(2)(iv) is revised to eliminate language pertaining to
fish traps.
Limitations on Traps and Pots (Sec. 622.40)
Paragraphs (a)(2), (b)(2), (c)(2), and (d)(1) are removed to
eliminate the use and/or possession of fish traps in the Gulf. The
subsequent paragraphs are redesignated for clarity and flow. Paragraph
(d)(2) is added and reserved to avoid confusion.
Species Specific Limitations (Sec. 622.41)
Paragraph (i) is revised to eliminate outdated language implying
use and/or possession of fish traps in the Gulf of Mexico is allowed.
Classification
The Administrator, Southeast Region, NMFS determined the regulatory
amendment is necessary for the management of the Gulf of Mexico
vermilion snapper 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 final regulatory flexibility analysis (FRFA) was prepared. The
FRFA incorporates the initial regulatory flexibility analysis (IRFA), a
summary of significant economic issues raised by public comments, NMFS
responses to those comments, and a summary of the analyses completed to
support the action. A copy of the full analysis is available from the
NMFS (see ADDRESSES). A summary of the analysis follows.
This rule will reduce the minimum size limit for vermilion snapper
to 10 inches (25.4 cm) TL, eliminate the 10-fish vermilion snapper
recreational bag limit but include vermilion snapper in the 20-fish
aggregate bag limit, and eliminate the April 22 through May 31
commercial closed season. The purpose of this action is to eliminate
management measures that are causing the vermilion snapper fishery to
be fished at a rate below OY, which is resulting in the unnecessary
loss of social and economic benefits. These regulations have been
determined to no longer be required because the vermilion snapper stock
has been determined to be healthy, not overfished, nor undergoing
overfishing.
No significant economic issues were raised by public comments.
Therefore, no changes were made in the final rule as a result of such
comments.
The measures in this rule are expected to affect commercial reef
fish operations, for-hire vessels operating in the reef fish fishery,
and dealers and processors that receive vermilion snapper. As of
October 2003, there were 1,158 active commercial reef fish permits. Of
these entities, 441 vessels reported logbook landings of vermilion
snapper, with most using vertical line gear. During the period 2000-
2004, the average vessel operating in the commercial vermilion snapper
fishery generated revenues of $65,200 of which $7,400 was from
vermilion snapper harvests. These estimates included all vessels that
landed at least 1 lb (0.5 kg) of vermilion snapper and all the trips
taken by these vessels regardless of whether vermilion snapper was
caught on that trip. These estimates are assumed to be lower bound
estimates, however, since landings of all commercial species, whether
from Federal or state fisheries, are not required to be recorded or
captured by the logbook program, which captures only reef fish and
coastal pelagic harvests.
An estimated 1,625 for-hire vessels are currently permitted to
harvest reef fish in the Gulf of Mexico. This sector is comprised of
charter boats that are generally smaller and charge a fee on a per-
vessel basis, and headboats that are larger and charge a fee per
angler. On average, charter boats are estimated to generate gross
revenues ranging from $58,000 in the eastern Gulf to $81,000 in the
western Gulf, or an overall average of $64,000. The comparable values
for headboats are $281,000 and $550,000, or an overall average of
$400,000.
The Small Business Administration (SBA) defines a small business
operating in the finfish industry as one that is independently owned
and operated, is not dominant in its field of operation, and has
average annual receipts not in excess of $4.0 million (NAICS code
114111, finfish fishing). The appropriate revenue benchmark for a
vessel operating in the for-hire sector is $6.5 million (NAICS code
713990, amusement and recreation industries). Based on the gross
revenue estimates presented above, all commercial and for-hire fishing
vessels potentially affected by this rule are determined, for the
purpose of this analysis, to be small business entities.
Instead of a receipts threshold, the SBA uses an employment
threshold for seafood dealers and processors, with the appropriate
values of fewer than 100 employees per dealer and fewer than 500
employees per processor. A Federal permit is required for a fish dealer
to purchase reef fish from commercial vessels. Based on permits files,
there are currently 227 dealers holding permits to buy and sell reef
fish species. All reef fish processors would be included in this total
since a processor must be a dealer. Dealers often hold multiple types
of permits and operate in both Federal and state fisheries. It is
unknown what percentage of any of the average dealer's business comes
from the vermilion snapper fishery.
Average employment information per reef fish dealer is unknown.
Although dealers and processors are not synonymous entities, total
employment for reef fish processors in the Southeast is estimated at
approximately 700 individuals, both part and full time. While all
processors must be dealers, a dealer need not be a processor. Further,
processing is a much more labor-intensive exercise than dealing.
Therefore, given the employment estimate for the processing sector (700
persons) and the total number of dealers operating in the reef fish
fishery (227), NMFS determines that the average number of employees per
dealer and processor does not surpass the SBA employment benchmark and,
for the purpose of this analysis, NMFS determines that all dealers
potentially affected by this rule are small entities.
[[Page 409]]
None of the measures in this rule will alter existing reporting and
record-keeping requirements.
The rule is expected to increase net revenues in the commercial
vermilion snapper fishery by approximately $1.443 million, or
approximately 3.5 percent of total average net revenues relative to the
2000-2002 fishery. If spread over the average 441 vessels that operated
in the fishery from 2000-2004, the increased net revenues expected to
be generated as a result of the rule equate to approximately $3,300 per
vessel or approximately 5 percent of average gross revenues.
Within the for-hire sector, the rule is expected to result in an
increase of approximately $3.158 million in net revenues. It is not
possible to determine how many of the 1,625 entities permitted to
operate in this fishery will be affected. If evenly distributed across
all said entities, the expected increase in net revenues equates to
approximately $1,900 per entity, or approximately 12 percent per
entity. Since not all of the vessels permitted to operate in the for-
hire reef fish fishery are expected to participate in the vermilion
snapper fishery, actual increases in net revenue per vessel for those
vessels fishing for vermilion snapper are expected to exceed these
estimates.
The impact of the rule on reef fish dealers cannot be determined
with available data. However, although the current measures were
originally projected to result in an approximate 26-percent reduction
in vermilion snapper harvests, which are expected to be recovered under
the rule, the vermilion snapper fishery comprises less than 10 percent
of the total commercial reef fish fishery. Hence, the additional
commercial harvests, and resultant effect on revenues or profits,
expected to occur as a result of the rule, are not expected to be
substantial relative to overall commercial reef fish sales.
Two alternatives to the measures in this final rule, including the
status quo, were considered. The status quo would maintain current
regulations in the fishery that are not biologically supported and
would result in the loss of economic benefits. The second alternative
allowed the continuation or suspension of the individual components of
current vermilion snapper regulations. The continuation of any of these
individual components would be expected to, similar to the status quo,
result in the continued loss of economic benefits to the fishery. The
rule will rescind current regulations that have been determined to be
unnecessary from a biological perspective and is expected to result in
increased economic and social benefits to the fishery.
Pursuant to 5 U.S.C. 533(b)(B), NMFS finds good cause to waive
notice and comment on the non-substantive measures contained in this
rule. These measures, which remove obsolete text regarding the use of
fish traps in the Gulf of Mexico, remove outdated and redundant
language, revise phone numbers and an outdated definition, and revise
incorrect references, simply clarify and update existing regulations to
eliminate confusion among the regulated communities. No additional
regulatory requirements are imposed by these measures. Therefore,
providing notice and comment would be unnecessary and contrary to the
public interest.
NMFS also finds good cause to waive notice and comment, and the 30-
day delay in effective date, pursuant to 5 U.S.C. 533(d)(3), on
language clarifying Gulf of Mexico red snapper IFQ program components.
The current definition of ``landing'' includes both arrival of a vessel
at a dock, berth, beach, seawall, or ramp, and offloading of the catch,
which therefore constrains fishers to complete both of these activities
during the 6 a.m. to 6 p.m. time frame. However, NMFS' intent was to
restrict only offloading to this time period. The current regulatory
text creates unnecessary safety issues for IFQ fishers that must stay
out longer waiting for the offloading window. It is frequently
difficult to predict arrival time due to variable weather conditions,
vessel operational problems, or at-sea boardings that occur after
advanced notification of landing is given. Vessels waiting offshore to
land their vessels and offload their catch will add to navigational
congestion and increased vessel traffic, raising concerns about vessel
traffic safety. Being required to wait offshore also increases the risk
of fuel shortages, and in turn bilge failure, adding to the potential
for vessel damage or loss. Providing an opportunity for public notice
and comment would delay implementation of these measures beyond the
imminent opening date of the commercial fishery on January 1, 2008,
which would extend these risks and is therefore unnecessary and
contrary to the public interest. For all of these reasons, NMFS finds
good cause to waive notice and comment and the 30-day delay in
effective date on these measures.
List of Subjects
50 CFR Part 600
Administrative practice and procedures, Confidential business
information, Fisheries, Fishing, Fishing vessels, Foreign relations,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Statistics.
50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: December 28, 2007
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR parts 600 and 622 are
amended as follows:
PART 600--MAGNUSON-STEVENS ACT PROVISIONS
0
1. The authority citation for part 600 continues to read as follows:
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
0
2. In Sec. 600.725, in paragraph (v), in the table under heading ``IV.
Gulf of Mexico Fishery management Council,'' entry 3.B. is removed
entries 3.C. and 3.D. are redesignated as 3.B. and 3.C., respectively
and under heading ``III. South Atlantic Fishery Management Council,''
entry 6.B. is revised to read as follows.
Sec. 600.725 General prohibitions.
* * * * *
(v) * * *
------------------------------------------------------------------------
Fishery Authorized gear types
------------------------------------------------------------------------
* * * * *
III. South Atlantic Fishery Management Council
* * * * *
6. * * * ...........................
B. Black sea bass pot fishery B. Pot.
* * * * *
------------------------------------------------------------------------
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
0
3. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
4. In Sec. 622.2, the definition for ``Regional Administrator'' is
revised to read as follows:
Sec. 622.2 Definitions and acronyms.
* * * * *
Regional Administrator (RA), for the purposes of this part, means
the
[[Page 410]]
Administrator, Southeast Region, NMFS, 263 13th Avenue South, St.
Petersburg, FL 33701, or a designee.
* * * * *
0
5. In Sec. 622.4, paragraphs (a)(2)(i) and (n) are removed and
reserved; and paragraph (a)(4)(i), (b)(3)(ii)(G), the first and last
sentence of paragraph (d), and the first sentence of paragraph (g)(1)
are revised to read as follows:
Sec. 622.4 Permits and fees.
(a) * * *
(4) * * *
(i) Permits. For a dealer to receive Gulf reef fish harvested from
the Gulf EEZ; golden crab, South Atlantic snapper-grouper, rock shrimp,
or wreckfish harvested from the South Atlantic EEZ; or dolphin or wahoo
harvested from the Atlantic EEZ; a dealer permit for Gulf reef fish,
golden crab, South Atlantic snapper-grouper, rock shrimp, wreckfish, or
Atlantic dolphin and wahoo, respectively, must be issued to the dealer.
* * * * *
(b) * * *
(3) * * *
(ii) * * *
(G) If a sea bass pot will be used, the number, dimensions, and
estimated cubic volume of the pots that will be used and the
applicant's desired color code for use in identifying his or her vessel
and buoys (white is not an acceptable color code).
* * * * *
(d) Fees. Unless specified otherwise, a fee is charged for each
application for a permit, license, or endorsement submitted under this
section, for each request for transfer or replacement of such permit,
license, or endorsement, and for each sea bass pot identification tag
required under Sec. 622.6(b)(1)(i)(B). * * * The appropriate fee must
accompany each application, request for transfer or replacement, or
request for sea bass pot identification tags.
* * * * *
(g) * * *
(1) Vessel permits, licenses, and endorsements and dealer permits.
A vessel permit, license, or endorsement or a dealer permit or
endorsement issued under this section is not transferable or
assignable, except as provided in paragraph (m) of this section for a
commercial vessel permit for Gulf reef fish, in paragraph (o) of this
section for a king mackerel gillnet permit, in paragraph (q) of this
section for a commercial vessel permit for king mackerel, in paragraph
(r) of this section for a charter vessel/headboat permit for Gulf
coastal migratory pelagic fish or Gulf reef fish, in paragraph (s) of
this section for a commercial vessel moratorium permit for Gulf shrimp,
in Sec. 622.17(c) for a commercial vessel permit for golden crab, in
Sec. 622.18(b) for a commercial vessel permit for South Atlantic
snapper-grouper, or in Sec. 622.19(b) for a commercial vessel permit
for South Atlantic rock shrimp. * * *
* * * * *
Sec. 622.5 [Amended]
0
6. In Sec. 622.5, paragraphs (a)(1)(ii)(A) and (B) are removed.
0
7. In Sec. 622.6, the first sentence in paragraph (a)(1)(ii), the
first sentence in paragraph (b)(1)(i)(B), and paragraph (b)(1)(ii)(B)
are revised to read as follows:
Sec. 622.6 Vessel and gear identification.
(a) * * *
(1) * * *
(ii) Official number and color code. The following vessels must
display their official number as specified in paragraph (a)(1)(i) of
this section and, in addition, must display their assigned color code:
A vessel for which a permit has been issued to fish with a sea bass
pot, as required under Sec. 622.4(a)(2)(vi); a vessel in the
commercial Caribbean reef fish fishery fishing with traps; and a vessel
in the Caribbean spiny lobster fishery.* * *
* * * * *
(b) * * *
(1) * * *
(i) * * *
(B) South Atlantic EEZ. A sea bass pot used or possessed in the
South Atlantic EEZ between 35[deg]15.19' N. lat. (due east of Cape
Hatteras Light, NC) and 28[deg]35.1' N. lat. (due east of the NASA
Vehicle Assembly Building, Cape Canaveral, FL), or a sea bass pot on
board a vessel with a commercial permit for South Atlantic snapper-
grouper, must have a valid identification tag issued by the RA
attached. * * *
(ii) * * *
(B) South Atlantic EEZ. In the South Atlantic EEZ, buoys are not
required to be used, but, if used, each buoy must display the official
number and color code assigned by the RA. However, no color code is
required on a buoy attached to a golden crab trap.
* * * * *
0
8. In Sec. 622.7, paragraph (w) is revised to read as follows:
Sec. 622.7 Prohibitions.
* * * * *
(w) Fail to comply with the requirements for observer coverage as
specified in Sec. 622.8.
* * * * *
Sec. 622.9 [Amended]
0
9. In Sec. 622.9, the last sentence of paragraph (a)(2) is removed.
0
10. In Sec. 622.15, paragraph (d)(4) is revised to read as follows:
Sec. 622.15 Wreckfish individual transferable quota (ITQ) system.
* * * * *
(d) * * *
(4) If a wreckfish is to be offloaded at a location other than a
fixed facility of a dealer who holds a dealer permit for wreckfish, as
required under Sec. 622.4 (a)(4), the wreckfish shareholder or the
vessel operator must advise NMFS Office for Law Enforcement, Southeast
Region, St. Petersburg, FL, by telephone (727-824-5344), of the
location not less than 24 hours prior to offloading.
0
11. In Sec. 622.16, a sentence is added to the beginning of paragraph
(c)(3)(i), and the last sentence of paragraph (c)(3)(i) and paragraph
(c)(3)(ii) are revised to read as follows:
Sec. 622.16 Gulf red snapper individual fishing quota (IFQ) program.
* * * * *
(c) * * *
(3) * * *
(i) Advance notice of landing. For the purpose of this paragraph,
landing means to arrive at a dock, berth, beach, seawall, or ramp. * *
* Failure to comply with this advance notice of landing requirement is
unlawful and will preclude authorization to complete the landing
transaction report required in paragraph (c)(1)(iii) of this section
and, thus, will preclude issuance of the required transaction approval
code.
(ii) Time restriction on offloading. IFQ red snapper may be
offloaded only between 6 a.m. and 6 p.m., local time.
* * * * *
0
12. In Sec. 622.17, paragraph (b)(4)(ii) is removed and reserved, and
the third and fourth sentences in paragraph (b)(2) are revised to read
as follows:
Sec. 622.17 South Atlantic golden crab controlled access.
* * * * *
(b) * * *
(2) * * * A vessel with a documented length overall greater than 65
ft (19.8 m) with a permit to fish for golden crab in the southern zone
may fish in that zone, consistent with the provisions of paragraph
(b)(3) of this section. A vessel may possess golden crab only in a zone
in which it is authorized to fish, except that other zones may be
transited if the vessel notifies NMFS Office for Law Enforcement,
Southeast Region, St. Petersburg, FL, by telephone (727-824-5344) in
advance and does not fish in a zone in which it is not authorized to
fish.
* * * * *
[[Page 411]]
0
13. In Sec. 622.31, paragraph (c) is revised to read as follows:
Sec. 622.31 Prohibited gear and methods.
* * * * *
(c) Fish traps. A fish trap may not be used or possessed in the
Gulf or South Atlantic EEZ. A fish trap deployed in the Gulf or South
Atlantic EEZ may be disposed of in any appropriate manner by the
Assistant Administrator or an authorized officer.
* * * * *
Sec. 622.34 [Amended]
0
14. In Sec. 622.34, paragraph (g)(3) is removed, and paragraph (n) is
removed and reserved.
0
15. In Sec. 622.37, paragraphs (d)(1)(ii) and (e)(1)(ii) are revised
to read as follows:
Sec. 622.37 Size limits.
* * * * *
(d) * * *
(1) * * *
(ii) Vermilion snapper--10 inches (25.4 cm), TL.
* * * * *
(e) * * *
(1) * * *
(ii) Vermilion snapper--12 inches (30.5 cm), TL.
* * * * *
0
16. In Sec. 622.39, paragraphs (a)(2)(iv), and (b)(1)(ii) are revised;
paragraph (b)(1)(ix) is removed and reserved; and paragraph (b)(1)(x)
is added to read as follows:
Sec. 622.39 Bag and possession limits.
* * * * *
(a) * * *
(2) * * *
(iv) When the vessel has on board or is tending any trap other than
a stone crab trap or a spiny lobster trap.
* * * * *
(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. The bag limit for such
captain and crew is zero.
* * * * *
(x) Gulf reef fish, combined, excluding those specified in
paragraphs (b)(1)(i), (ii) , (iv), (vi), (vii), and (viii) of this
section and excluding dwarf sand perch and sand perch--20.
* * * * *
Sec. 622.40 [Amended]
0
17. In Sec. 622.40, paragraphs (a)(2), (b)(2), (c)(2), and (d)(1) are
removed; paragraphs (a)(3), (b)(3), (c)(3), and (d)(2) are redesignated
as paragraphs (a)(2), (b)(2), (c)(2), and (d)(1), respectively, and
paragraph (d)(2) is added and reserved.
0
18. In Sec. 622.41, paragraphs (a)(4) and (i) are revised to read as
follows:
Sec. 622.41 Species specific limitations.
(a) * * *
(4) Not less than 24 hours prior to harvest of aquacultured live
rock, the owner or operator of the harvesting vessel must provide the
following information to the NMFS Office for Law Enforcement, Southeast
Region, St. Petersburg, FL, by telephone (727-824-5344):
* * * * *
(i) Gulf reef fish exhibiting trap rash. Possession of Gulf reef
fish in or from the Gulf EEZ that exhibit trap rash is prima facie
evidence of illegal trap use and is prohibited. For the purpose of this
paragraph, trap rash is defined as physical damage to fish that
characteristically results from contact with wire fish traps. Such
damage includes, but is not limited to, broken fin spines, fin rays, or
teeth; visually obvious loss of scales; and cuts or abrasions on the
body of the fish, particularly on the head, snout, or mouth.
* * * * *
Sec. 622.42 [Amended]
0
19. In Sec. 622.42, paragraph (e)(1)(i) is removed and paragraphs
(e)(1)(ii) and (iii) are redesignated as (e)(1)(i) and (ii),
respectively.
Sec. 622.44 [Amended]
0
20. In Sec. 622.44, paragraph (c)(3)(i) is removed and paragraphs
(c)(3)(ii) through (iv) are redesignated as paragraphs (c)(3)(i)
through (iii), respectively.
Sec. 622.45 [Amended]
0
21. In Sec. 622.45, paragraph (c)(5) is removed.
0
22. In addition to the amendments set forth above, in 50 CFR part 622,
revise all references to ``NMFS, Office of Enforcement''; ``NMFS Office
of Enforcement''; ``NMFS Office of Law Enforcement''; and ``NMFS Law
Enforcement Office'' to read ``NMFS Office for Law Enforcement''
wherever they occur.
[FR Doc. E7-25584 Filed 1-2-08; 8:45 am]
BILLING CODE 3510-22-S
