Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Red Snapper Closure, 31906-31908 [E9-15845]
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31906
Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Proposed Rules
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 090508900–9901–01]
RIN 0648–AX75
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic;
Red Snapper Closure
cprice-sewell on PROD1PC69 with PROPOSALS
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed temporary rule;
request for comments.
SUMMARY: This proposed temporary rule
would implement interim measures to
establish a closure of the commercial
and recreational fisheries for red
snapper in the South Atlantic as
requested by the South Atlantic Fishery
Management Council (Council). The
intended effect is to reduce overfishing
of red snapper while permanent
management measures are developed in
Amendment 17 to the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (Amendment 17) to end
overfishing of red snapper.
DATES: Written comments must be
received no later than 5 p.m., eastern
time, on August 5, 2009.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘0648–AX75’’ by any of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal: http://
www.regulations.gov.
• Fax: 727–824–5308; Attention:
Karla Gore.
• Mail: Karla Gore, Southeast
Regional Office, NMFS, 263 13th
Avenue South, St. Petersburg, FL 33701.
Instructions: All comments received
are a part of the public record and will
generally be posted to http://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
To submit comments through the
Federal e-Rulemaking Portal: http://
www.regulations.gov, enter ‘‘NOAANMFS–2008–0089’’ in the keyword
search, then select ‘‘Send a Comment or
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15:20 Jul 02, 2009
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Submission.’’ NMFS will accept
anonymous comments (enter N/A in the
required fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Copies of documents supporting this
proposed rule, which includes an
environmental assessment and an initial
regulatory flexibility analysis (IRFA),
may be obtained from Karla Gore,
Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL
33701.
FOR FURTHER INFORMATION CONTACT:
Karla Gore, telephone: 727–551–5753,
fax: 727–824–5308, e-mail:
karla.gore@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery off the southern
Atlantic states is managed under the
Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (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.
Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing and
achieve, on an continuing basis, the
optimum yield for federally managed
fish stocks. These mandates are
intended to ensure fishery resources are
managed for the greatest overall benefit
to the nation, particularly with respect
to providing food production and
recreational opportunities, and
protected marine ecosystems. To further
this goal, the Magnuson-Stevens Act
requires fishery managers to specify
their strategy to rebuild overfished
stocks to a sustainable level within a
certain time frame, and to minimize
bycatch and bycatch mortality to the
extent practicable. Amendment 17,
currently under development, will
include management measures to end
overfishing of red snapper and rebuild
the red snapper stock. However because
Amendment 17, if approved, would not
likely be implemented until early 2010,
this temporary rule contains
management measures intended to
address overfishing of red snapper on an
interim basis.
The Council was notified in July 2008
that red snapper are overfished and
undergoing overfishing. The status of
red snapper was determined by the
Southeast Data Assessment and Review
process in 2008. The Council’s
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Scientific and Statistical Committee has
determined overfished and overfishing
determinations for South Atlantic red
snapper are based on the best available
scientific information.
At the March 2009 Council meeting in
Jekyll Island, Georgia, the Council voted
(7–6) to proceed with an interim rule for
red snapper. On March 23, 2009, the
Council submitted a letter to NMFS
requesting interim measures to prohibit
harvest and possession of red snapper
pursuant to Section 305(c) of the
Magnuson-Stevens Act.
Management Measures Proposed by
This Temporary Rule
Prohibition on Harvest, Possession, or
Sale of Red Snapper
The proposed temporary rule would
establish a closure of the commercial
and recreational fisheries for red
snapper in the South Atlantic exclusive
economic zone (EEZ)(180 days with the
possibility of extending for another 186
days). During the closure, the harvest,
possession, or sale of red snapper in or
from the South Atlantic EEZ would be
prohibited for both recreational and
commercial fishermen. For a person
who has been issued a valid commercial
vessel permit or charter vessel/headboat
permit for South Atlantic snappergrouper, the provisions of the proposed
temporary rule would apply regardless
of where the red snapper are harvested
(i.e. state or Federal waters).
Future Action
NMFS believes that this proposed rule
is necessary to reduce overfishing of red
snapper in the South Atlantic. NMFS
will consider all public comments
received on this proposed rule in
determining whether to proceed with a
final rule and, if so, whether any
revisions would be appropriate in the
final rule. If NMFS issues a final rule,
it would be effective for not more than
180 days, as authorized by section
305(c) of the Magnuson-Stevens Act.
The final rule could be extended for an
additional 186 days, provided that the
public has had an opportunity to
comment on the rule and provided that
the Council is actively preparing a plan
amendment or proposed regulations to
address this overfishing issue on a
permanent basis. The Council is
preparing an FMP amendment to
address this issue on a permanent basis.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the South Atlantic Snapper-
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Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Proposed Rules
Grouper Fishery Management Plan, the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of E.O. 12866.
NMFS prepared an IRFA, as required
by section 603 of the Regulatory
Flexibility Act, for this proposed
temporary rule. The IRFA describes the
economic impact this proposed
temporary rule, if adopted, would have
on small entities. A description of the
action, why it is being considered, and
the objectives of, and legal basis for this
action are contained at the beginning of
this section in the preamble and in the
SUMMARY section of the preamble. A
copy of the full analysis is available
from NMFS (see ADDRESSES). A
summary of the IRFA follows.
The purpose of this proposed
temporary rule is to reduce red snapper
overfishing while long-term
management measures are developed
and implemented. The MagnusonStevens Act provides the statutory basis
for this proposed temporary rule.
No duplicative, overlapping, or
conflicting Federal rules have been
identified.
This proposed temporary rule would
be expected to directly impact
commercial fishing and for-hire
operators. The Small Business
Administration has established size
criteria for all major industry sectors in
the U.S. A business involved in fish
harvesting is classified as a small
business if it is independently owned
and operated, is not dominant in its
field of operation (including its
affiliates), and has combined annual
receipts not in excess of $4.0 million
(NAICS code 114111, finfish fishing) for
all its affiliated operations worldwide.
For a for-hire business, the other
qualifiers apply and the annual receipts
threshold is $7.0 million (NAICS code
713990, recreational industries).
From 2003–2007, an average of 220
vessels per year were permitted to
operate in the commercial snappergrouper fishery and recorded landings
of red snapper, ranging from a high of
236 vessels in 2003 to a low of 206
vessels in 2006. Total dockside revenues
from all species on all recorded trips by
these vessels averaged $9.78 million
(2007 dollars) per year over this period,
resulting in a per-vessel average of
approximately $44,500. The highest
average revenue per vessel during this
period occurred in 2007 at
approximately $54,600. Based on these
average revenue figures, it is
determined, for the purpose of this
assessment, that all commercial vessels
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that would be affected by this proposed
temporary rule are small entities.
The harvest of red snapper in the EEZ
by for-hire vessels requires a snappergrouper charter vessel/headboat permit.
From 2003–2007, an average of 1,635
vessels per year were permitted to
operate in the snapper-grouper for-hire
fishery, of which 82 vessels are
estimated to have operated as
headboats. The for-hire fleet is
comprised of charter vessels, which
charge a fee on a vessel basis, and
headboats, which charge a fee on an
individual angler (head) basis. The
annual average gross revenue for charter
vessels is estimated to range from
approximately $80,000-$109,000 (2007
dollars) for Florida vessels, $94,000$115,000 for North Carolina vessels,
$88,000-$107,000 for Georgia vessels,
and $41,000-$50,000 for South Carolina
vessels. For headboats, the appropriate
estimates are $220,000-$468,000 for
Florida vessels, and $193,000-$410,000
for vessels in the other states. Based on
these average revenue figures, it is
determined, for the purpose of this
assessment, that all for-hire businesses
that would be affected by this action are
small entities. The number of for-hire
vessels that would be expected to be
affected by this proposed interim rule is
discussed below.
Some fleet activity may exist in both
the commercial and for-hire snappergrouper sectors, but the extent of such
is unknown, and all vessels are treated
as independent entities in this
assessment.
This proposed temporary rule would
not establish any new reporting, recordkeeping, or other compliance
requirements.
This proposed temporary rule would
be expected to result in a short-term
reduction in net operating revenues
(NOR), which are trip revenues minus
non-labor trip costs, to the commercial
snapper grouper sector by
approximately $120,000 (2007 dollars).
This reduction in NOR would be
expected to increase to a cumulative
total of $289,000 if the proposed
prohibition is extended an additional
186 days, resulting in a prohibition for
one full year. An average of 220
commercial vessels per year have
recorded landings of red snapper. This
proposed temporary rule would be
expected to result in an average
reduction in NOR of approximately
$450 per vessel for the proposed 180day prohibition, and approximately
$1,300 per vessel if the prohibition is
extended an additional 186 days.
Although NOR are not directly
comparable to dock-side revenues, the
average annual dock-side revenues from
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31907
all species harvested for vessels with
recorded red snapper harvests is
estimated to be approximately $44,500.
For the headboat sector, this proposed
temporary rule would be expected to
result in a short-term reduction in NOR
by a maximum of approximately $1.76
million (2008 dollars). This reduction in
NOR would be expected to increase to
a cumulative maximum total of $3.96
million if the proposed prohibition is
extended an additional 186 days.
Although 82 vessels are estimated to
operate in the snapper-grouper fishery,
red snapper target activity is believed to
be concentrated in Georgia and
northeast Florida (Mayport, FL, south
through Cape Canaveral, FL) where 16
headboats operate. Approximately 70
percent of all red snapper harvested
(pounds) by the headboat sector from
2003–2007 were harvested by anglers
fishing from this area. The expected
maximum reduction in NOR is based on
the assumption that all angler trips on
these 16 vessels during the respective
period target red snapper and equals the
change in NOR if all these trips were
lost. This is considered a worst-case
scenario. An unknown number of these
trips would likely not target red snapper
(many anglers fish to catch whatever
species is available) and red snapper has
historically comprised only 3 percent of
the total number of fish harvested and
11 percent of the total number of
pounds of fish harvested by vessels in
this area. As a result, it is unlikely that
all or necessarily a large portion of these
trips would be canceled. Available data,
however, do not support the
identification of more precise estimates
of the number of red snapper target trips
that would be expected to be cancelled,
and the projected estimates of the
expected change in NOR should be
considered extreme upper bounds.
Because of the uncertainty associated
with the number of affected vessels and
the number of trips that may be
cancelled, the effective average
reduction in NOR per headboat vessel is
difficult to project. Under the worst-case
scenario, the cancellation of all angler
trips on Georgia and northeast Florida
vessels (16) would result in a 100–
percent loss of NOR for these vessels
during this period of time (180 days), or
approximately 44 percent of annual
total NOR ($1.76 million/$3.96 million).
However, if the upper bound of effects
($1.76 million) is assumed to encompass
trip cancellation on vessels outside this
area, it is unknown how many
additional vessels should be included in
the analysis. The South Carolina
headboat fleet, which contains 14
vessels, accounts for the next highest
red snapper harvests after the Georgia
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Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Proposed Rules
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and northeast Florida fleets. If the
maximum expected reduction in NOR is
spread over all 30 vessels in these areas,
the expected reduction in NOR would
be less than 100 percent of the total
annual NOR, and the average expected
reduction in NOR per vessel would be
approximately $58,700. This would
increase to a total of approximately
$132,000 under an extension of the
proposed prohibition for an additional
186 days. Although NOR are not
directly comparable to gross revenues
from for-hire fees, the average annual
gross revenues from for-hire fees is
estimated to be approximately $220,000$468,000 for Florida headboats and
$193,000-$410,000 for headboats in the
other states.
For the charter sector, the proposed
temporary rule would be expected to
result in a short-term reduction in NOR
of approximately $247,000 (2008
dollars) and increase to a cumulative
total of approximately $427,000 if the
proposed prohibition is extended an
additional 186 days. It should be noted
that, although target data are available
for the charter sector, trip cancellation
data are not available, and the analysis
assumes, similar to the analysis of the
headboat sector, that all charter vessel
red snapper target effort will be
cancelled. As in the headboat sector, the
cancellation of all trips that would have
targeted red snapper in the charter
sector is unlikely to occur and, as a
result, the estimates of the expected
change in NOR in the charter sector
likely overestimate the actual reduction
that would occur.
Vessel-level data are unavailable for
the charter sector. As a result, it is not
known how many vessels would be
affected by the proposed temporary rule.
An estimated 1,553 charter vessels are
permitted to operate in the snappergrouper fishery, which allows these
vessels to harvest red snapper (1,635
total vessels with snapper-grouper
charter vessel/headboat permits, of
which 82 are estimated to operate as
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headboats). If the proportion of charter
vessels that would be expected to be
affected by the proposed temporary rule
is assumed to equal the proportion of
headboats constituting the core red
snapper vessels (16 vessels out of 82
headboats, or 19.5 percent), then
approximately 303 charter vessels (19.5
percent of 1,553 vessels) would be
expected to be affected. This would
result in an average reduction in NOR
of approximately $800 per vessel, which
would increase to a total of
approximately $1,400 under an
extension of the proposed prohibition
for an additional 186 days. The annual
average gross revenue per charter vessel
from charter fees is estimated to range
from approximately $80,000-$109,000
(2007 dollars) for Florida vessels,
$94,000-$115,000 for North Carolina
vessels, $88,000-$107,000 for Georgia
vessels, and $41,000-$50,000 for South
Carolina vessels.
Although all the effects described
above are short-term in nature, due to
the limited duration of the proposed
temporary rule, continued long-term
unquantified adverse economic effects
could occur at the individual vessel and
fishery level if the short-term effects
result in business failure.
Three alternatives, including the
status quo, were considered for this
proposed temporary rule. The proposed
action would prohibit the harvest
(retention) and sale of red snapper in
the South Atlantic commercial and
recreational fisheries for 180 days, with
extension potential for another 186
days. The first alternative to the
proposed action, the status quo, would
not prohibit the harvest and sale of red
snapper, would not reduce overfishing
of red snapper while long-term
management measures are developed
and implemented, and would not
achieve NMFS’s objective.
The second alternative to the
proposed prohibition on the harvest and
sale of red snapper would only establish
a 4-month seasonal closure. A 4-month
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seasonal closure could not be extended
and would not be expected to allow
sufficient time for the development and
implementation of long-term
management measures to protect red
snapper. As a result, this alternative
would not achieve NMFS’s objective.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: June 29, 2009.
James W. Balsiger,
Acting Assistant Administrator For Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be amended as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.35, paragraph (l) is added
to read as follows:
§ 622.35 Atlantic EEZ seasonal and/or area
closures.
*
*
*
*
*
(l) Closure of the commercial and
recreational fisheries for red snapper.
The commercial and recreational
fisheries for red snapper in the South
Atlantic EEZ are closed. During the
closure, all fishing for red snapper is
prohibited, and possession or sale of red
snapper, harvested during the closure,
in or from the South Atlantic EEZ is
prohibited. For a person aboard a vessel
for which a valid Federal commercial
vessel permit or charter vessel/headboat
permit for South Atlantic snappergrouper has been issued, the provisions
of this closure apply regardless of
whether the red snapper were harvested
or possessed in state or Federal waters.
[FR Doc. E9–15845 Filed 7–2–09; 8:45 am]
BILLING CODE 3510–22–S
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Agencies
[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Proposed Rules]
[Pages 31906-31908]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15845]
[[Page 31906]]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 090508900-9901-01]
RIN 0648-AX75
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic; Red Snapper Closure
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed temporary rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This proposed temporary rule would implement interim measures
to establish a closure of the commercial and recreational fisheries for
red snapper in the South Atlantic as requested by the South Atlantic
Fishery Management Council (Council). The intended effect is to reduce
overfishing of red snapper while permanent management measures are
developed in Amendment 17 to the Fishery Management Plan for the
Snapper-Grouper Fishery of the South Atlantic Region (Amendment 17) to
end overfishing of red snapper.
DATES: Written comments must be received no later than 5 p.m., eastern
time, on August 5, 2009.
ADDRESSES: You may submit comments on the proposed rule, identified by
``0648-AX75'' by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal: http://www.regulations.gov.
Fax: 727-824-5308; Attention: Karla Gore.
Mail: Karla Gore, Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL 33701.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
To submit comments through the Federal e-Rulemaking Portal: http://www.regulations.gov, enter ``NOAA-NMFS-2008-0089'' in the keyword
search, then select ``Send a Comment or Submission.'' NMFS will accept
anonymous comments (enter N/A in the required fields, if you wish to
remain anonymous). You may submit attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
Copies of documents supporting this proposed rule, which includes
an environmental assessment and an initial regulatory flexibility
analysis (IRFA), may be obtained from Karla Gore, Southeast Regional
Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
FOR FURTHER INFORMATION CONTACT: Karla Gore, telephone: 727-551-5753,
fax: 727-824-5308, e-mail: karla.gore@noaa.gov.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery off the southern
Atlantic states is managed under the Fishery Management Plan for the
Snapper-Grouper Fishery of the South Atlantic Region (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.
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on an
continuing basis, the optimum yield for federally managed fish stocks.
These mandates are intended to ensure fishery resources are managed for
the greatest overall benefit to the nation, particularly with respect
to providing food production and recreational opportunities, and
protected marine ecosystems. To further this goal, the Magnuson-Stevens
Act requires fishery managers to specify their strategy to rebuild
overfished stocks to a sustainable level within a certain time frame,
and to minimize bycatch and bycatch mortality to the extent
practicable. Amendment 17, currently under development, will include
management measures to end overfishing of red snapper and rebuild the
red snapper stock. However because Amendment 17, if approved, would not
likely be implemented until early 2010, this temporary rule contains
management measures intended to address overfishing of red snapper on
an interim basis.
The Council was notified in July 2008 that red snapper are
overfished and undergoing overfishing. The status of red snapper was
determined by the Southeast Data Assessment and Review process in 2008.
The Council's Scientific and Statistical Committee has determined
overfished and overfishing determinations for South Atlantic red
snapper are based on the best available scientific information.
At the March 2009 Council meeting in Jekyll Island, Georgia, the
Council voted (7-6) to proceed with an interim rule for red snapper. On
March 23, 2009, the Council submitted a letter to NMFS requesting
interim measures to prohibit harvest and possession of red snapper
pursuant to Section 305(c) of the Magnuson-Stevens Act.
Management Measures Proposed by This Temporary Rule
Prohibition on Harvest, Possession, or Sale of Red Snapper
The proposed temporary rule would establish a closure of the
commercial and recreational fisheries for red snapper in the South
Atlantic exclusive economic zone (EEZ)(180 days with the possibility of
extending for another 186 days). During the closure, the harvest,
possession, or sale of red snapper in or from the South Atlantic EEZ
would be prohibited for both recreational and commercial fishermen. For
a person who has been issued a valid commercial vessel permit or
charter vessel/headboat permit for South Atlantic snapper-grouper, the
provisions of the proposed temporary rule would apply regardless of
where the red snapper are harvested (i.e. state or Federal waters).
Future Action
NMFS believes that this proposed rule is necessary to reduce
overfishing of red snapper in the South Atlantic. NMFS will consider
all public comments received on this proposed rule in determining
whether to proceed with a final rule and, if so, whether any revisions
would be appropriate in the final rule. If NMFS issues a final rule, it
would be effective for not more than 180 days, as authorized by section
305(c) of the Magnuson-Stevens Act. The final rule could be extended
for an additional 186 days, provided that the public has had an
opportunity to comment on the rule and provided that the Council is
actively preparing a plan amendment or proposed regulations to address
this overfishing issue on a permanent basis. The Council is preparing
an FMP amendment to address this issue on a permanent basis.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the South Atlantic Snapper-
[[Page 31907]]
Grouper Fishery Management Plan, the Magnuson-Stevens Act, and other
applicable law, subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
NMFS prepared an IRFA, as required by section 603 of the Regulatory
Flexibility Act, for this proposed temporary rule. The IRFA describes
the economic impact this proposed temporary rule, if adopted, would
have on small entities. A description of the action, why it is being
considered, and the objectives of, and legal basis for this action are
contained at the beginning of this section in the preamble and in the
SUMMARY section of the preamble. A copy of the full analysis is
available from NMFS (see ADDRESSES). A summary of the IRFA follows.
The purpose of this proposed temporary rule is to reduce red
snapper overfishing while long-term management measures are developed
and implemented. The Magnuson-Stevens Act provides the statutory basis
for this proposed temporary rule.
No duplicative, overlapping, or conflicting Federal rules have been
identified.
This proposed temporary rule would be expected to directly impact
commercial fishing and for-hire operators. The Small Business
Administration has established size criteria for all major industry
sectors in the U.S. A business involved in fish harvesting is
classified as a small business if it is independently owned and
operated, is not dominant in its field of operation (including its
affiliates), and has combined annual receipts not in excess of $4.0
million (NAICS code 114111, finfish fishing) for all its affiliated
operations worldwide. For a for-hire business, the other qualifiers
apply and the annual receipts threshold is $7.0 million (NAICS code
713990, recreational industries).
From 2003-2007, an average of 220 vessels per year were permitted
to operate in the commercial snapper-grouper fishery and recorded
landings of red snapper, ranging from a high of 236 vessels in 2003 to
a low of 206 vessels in 2006. Total dockside revenues from all species
on all recorded trips by these vessels averaged $9.78 million (2007
dollars) per year over this period, resulting in a per-vessel average
of approximately $44,500. The highest average revenue per vessel during
this period occurred in 2007 at approximately $54,600. Based on these
average revenue figures, it is determined, for the purpose of this
assessment, that all commercial vessels that would be affected by this
proposed temporary rule are small entities.
The harvest of red snapper in the EEZ by for-hire vessels requires
a snapper-grouper charter vessel/headboat permit. From 2003-2007, an
average of 1,635 vessels per year were permitted to operate in the
snapper-grouper for-hire fishery, of which 82 vessels are estimated to
have operated as headboats. The for-hire fleet is comprised of charter
vessels, which charge a fee on a vessel basis, and headboats, which
charge a fee on an individual angler (head) basis. The annual average
gross revenue for charter vessels is estimated to range from
approximately $80,000-$109,000 (2007 dollars) for Florida vessels,
$94,000-$115,000 for North Carolina vessels, $88,000-$107,000 for
Georgia vessels, and $41,000-$50,000 for South Carolina vessels. For
headboats, the appropriate estimates are $220,000-$468,000 for Florida
vessels, and $193,000-$410,000 for vessels in the other states. Based
on these average revenue figures, it is determined, for the purpose of
this assessment, that all for-hire businesses that would be affected by
this action are small entities. The number of for-hire vessels that
would be expected to be affected by this proposed interim rule is
discussed below.
Some fleet activity may exist in both the commercial and for-hire
snapper-grouper sectors, but the extent of such is unknown, and all
vessels are treated as independent entities in this assessment.
This proposed temporary rule would not establish any new reporting,
record-keeping, or other compliance requirements.
This proposed temporary rule would be expected to result in a
short-term reduction in net operating revenues (NOR), which are trip
revenues minus non-labor trip costs, to the commercial snapper grouper
sector by approximately $120,000 (2007 dollars). This reduction in NOR
would be expected to increase to a cumulative total of $289,000 if the
proposed prohibition is extended an additional 186 days, resulting in a
prohibition for one full year. An average of 220 commercial vessels per
year have recorded landings of red snapper. This proposed temporary
rule would be expected to result in an average reduction in NOR of
approximately $450 per vessel for the proposed 180-day prohibition, and
approximately $1,300 per vessel if the prohibition is extended an
additional 186 days. Although NOR are not directly comparable to dock-
side revenues, the average annual dock-side revenues from all species
harvested for vessels with recorded red snapper harvests is estimated
to be approximately $44,500.
For the headboat sector, this proposed temporary rule would be
expected to result in a short-term reduction in NOR by a maximum of
approximately $1.76 million (2008 dollars). This reduction in NOR would
be expected to increase to a cumulative maximum total of $3.96 million
if the proposed prohibition is extended an additional 186 days.
Although 82 vessels are estimated to operate in the snapper-grouper
fishery, red snapper target activity is believed to be concentrated in
Georgia and northeast Florida (Mayport, FL, south through Cape
Canaveral, FL) where 16 headboats operate. Approximately 70 percent of
all red snapper harvested (pounds) by the headboat sector from 2003-
2007 were harvested by anglers fishing from this area. The expected
maximum reduction in NOR is based on the assumption that all angler
trips on these 16 vessels during the respective period target red
snapper and equals the change in NOR if all these trips were lost. This
is considered a worst-case scenario. An unknown number of these trips
would likely not target red snapper (many anglers fish to catch
whatever species is available) and red snapper has historically
comprised only 3 percent of the total number of fish harvested and 11
percent of the total number of pounds of fish harvested by vessels in
this area. As a result, it is unlikely that all or necessarily a large
portion of these trips would be canceled. Available data, however, do
not support the identification of more precise estimates of the number
of red snapper target trips that would be expected to be cancelled, and
the projected estimates of the expected change in NOR should be
considered extreme upper bounds.
Because of the uncertainty associated with the number of affected
vessels and the number of trips that may be cancelled, the effective
average reduction in NOR per headboat vessel is difficult to project.
Under the worst-case scenario, the cancellation of all angler trips on
Georgia and northeast Florida vessels (16) would result in a 100-
percent loss of NOR for these vessels during this period of time (180
days), or approximately 44 percent of annual total NOR ($1.76 million/
$3.96 million). However, if the upper bound of effects ($1.76 million)
is assumed to encompass trip cancellation on vessels outside this area,
it is unknown how many additional vessels should be included in the
analysis. The South Carolina headboat fleet, which contains 14 vessels,
accounts for the next highest red snapper harvests after the Georgia
[[Page 31908]]
and northeast Florida fleets. If the maximum expected reduction in NOR
is spread over all 30 vessels in these areas, the expected reduction in
NOR would be less than 100 percent of the total annual NOR, and the
average expected reduction in NOR per vessel would be approximately
$58,700. This would increase to a total of approximately $132,000 under
an extension of the proposed prohibition for an additional 186 days.
Although NOR are not directly comparable to gross revenues from for-
hire fees, the average annual gross revenues from for-hire fees is
estimated to be approximately $220,000-$468,000 for Florida headboats
and $193,000-$410,000 for headboats in the other states.
For the charter sector, the proposed temporary rule would be
expected to result in a short-term reduction in NOR of approximately
$247,000 (2008 dollars) and increase to a cumulative total of
approximately $427,000 if the proposed prohibition is extended an
additional 186 days. It should be noted that, although target data are
available for the charter sector, trip cancellation data are not
available, and the analysis assumes, similar to the analysis of the
headboat sector, that all charter vessel red snapper target effort will
be cancelled. As in the headboat sector, the cancellation of all trips
that would have targeted red snapper in the charter sector is unlikely
to occur and, as a result, the estimates of the expected change in NOR
in the charter sector likely overestimate the actual reduction that
would occur.
Vessel-level data are unavailable for the charter sector. As a
result, it is not known how many vessels would be affected by the
proposed temporary rule. An estimated 1,553 charter vessels are
permitted to operate in the snapper-grouper fishery, which allows these
vessels to harvest red snapper (1,635 total vessels with snapper-
grouper charter vessel/headboat permits, of which 82 are estimated to
operate as headboats). If the proportion of charter vessels that would
be expected to be affected by the proposed temporary rule is assumed to
equal the proportion of headboats constituting the core red snapper
vessels (16 vessels out of 82 headboats, or 19.5 percent), then
approximately 303 charter vessels (19.5 percent of 1,553 vessels) would
be expected to be affected. This would result in an average reduction
in NOR of approximately $800 per vessel, which would increase to a
total of approximately $1,400 under an extension of the proposed
prohibition for an additional 186 days. The annual average gross
revenue per charter vessel from charter fees is estimated to range from
approximately $80,000-$109,000 (2007 dollars) for Florida vessels,
$94,000-$115,000 for North Carolina vessels, $88,000-$107,000 for
Georgia vessels, and $41,000-$50,000 for South Carolina vessels.
Although all the effects described above are short-term in nature,
due to the limited duration of the proposed temporary rule, continued
long-term unquantified adverse economic effects could occur at the
individual vessel and fishery level if the short-term effects result in
business failure.
Three alternatives, including the status quo, were considered for
this proposed temporary rule. The proposed action would prohibit the
harvest (retention) and sale of red snapper in the South Atlantic
commercial and recreational fisheries for 180 days, with extension
potential for another 186 days. The first alternative to the proposed
action, the status quo, would not prohibit the harvest and sale of red
snapper, would not reduce overfishing of red snapper while long-term
management measures are developed and implemented, and would not
achieve NMFS's objective.
The second alternative to the proposed prohibition on the harvest
and sale of red snapper would only establish a 4-month seasonal
closure. A 4-month seasonal closure could not be extended and would not
be expected to allow sufficient time for the development and
implementation of long-term management measures to protect red snapper.
As a result, this alternative would not achieve NMFS's objective.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: June 29, 2009.
James W. Balsiger,
Acting Assistant Administrator For Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
1. The authority citation for part 622 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 622.35, paragraph (l) is added to read as follows:
Sec. 622.35 Atlantic EEZ seasonal and/or area closures.
* * * * *
(l) Closure of the commercial and recreational fisheries for red
snapper. The commercial and recreational fisheries for red snapper in
the South Atlantic EEZ are closed. During the closure, all fishing for
red snapper is prohibited, and possession or sale of red snapper,
harvested during the closure, in or from the South Atlantic EEZ is
prohibited. For a person aboard a vessel for which a valid Federal
commercial vessel permit or charter vessel/headboat permit for South
Atlantic snapper-grouper has been issued, the provisions of this
closure apply regardless of whether the red snapper were harvested or
possessed in state or Federal waters.
[FR Doc. E9-15845 Filed 7-2-09; 8:45 am]
BILLING CODE 3510-22-S