Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures, 15665-15667 [2010-7064]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 75, Number 60 (Tuesday, March 30, 2010)]
[Proposed Rules]
[Pages 15665-15667]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7064]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100217094-0115-01]
RIN 0648-AY57


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management 
Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule that would 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 proposed rule would increase 
the commercial and recreational quotas for red snapper and provide an 
estimated closure date for the 2010 recreational red snapper component 
of the Gulf of Mexico (Gulf) reef fish fishery. The intended effect of 
the proposed rule is to help achieve optimum yield (OY) by relaxing red 
snapper harvest limitations consistent with the findings of the recent 
stock assessment for this species.

DATES: Written comments must be received on or before April 14, 2010.

ADDRESSES: You may submit comments on the proposed rule identified by 
0648-AY57 by any of the following methods:
     Electronic submissions: Submit electronic comments via the 
Federal e-Rulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
     Mail: Peter Hood, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.
     Fax: 727-824-5308; Attention: Peter Hood.
    Instructions: No comments will be posted for public viewing until 
after the comment period has closed. All comments received are a part 
of the public record and will generally be posted to https://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.
    NMFS will accept anonymous comments (enter N/A in the required 
field 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 the regulatory amendment, which includes an environmental 
assessment and a regulatory impact review may be obtained from the Gulf 
of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 
1100, Tampa, FL 33607; telephone 813-348-1630; fax 813-348-1711; e-mail 
gulfcouncil@gulfcouncil.org; or may be downloaded from the Council's 
Web site at https://www.gulfcouncil.org/.

FOR FURTHER INFORMATION CONTACT: Peter Hood, 727-824-5308.

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).

Background

    According to the updated stock assessment for Gulf red snapper, 
conducted in 2009, the stock is still overfished and rebuilding, but 
overfishing is projected to have ended in 2009. The rebuilding plan for 
Gulf red snapper was outlined in Amendment 22 to the FMP, and 
implemented through regulations in 2005. Actions taken in 2008 through 
Joint Amendment 27 to the FMP and Amendment 14 to the FMP for the 
Shrimp Fishery of the Gulf of Mexico revised the red snapper rebuilding 
strategy with the intent to end overfishing by 2009 or 2010 and rebuild 
red snapper by 2032 to the biomass levels that can support harvest of 
the maximum sustainable yield (MSY). The revised rebuilding plan 
outlined that after 2010, total allowable catch (TAC) would be 
increased consistent with a fishing mortality rate that produces MSY.
    The Southeast Data, Assessment, and Review (SEDAR) update 
assessment for Gulf red snapper was conducted in August 2009, with the 
objective of updating the 2005 SEDAR 7 red snapper benchmark 
assessment. The 2009 assessment updated, reviewed, and incorporated all 
data included in the SEDAR 7 assessment, as well as new information 
that became available after the 2005 assessment. The results of the 
assessment update, as reviewed and approved by the Council's Scientific

[[Page 15666]]

and Statistical Committee (SSC), projected overfishing to have ended in 
2009. Therefore, NMFS may increase red snapper TAC to help achieve OY 
for the fishery. The SSC recommended an allowable biological catch 
(ABC) of 6.945 million lb (3.150 million kg) in 2010, which is greater 
than the current rebuilding plan's 2010 TAC of 5.00 million lb (2.27 
million kg). The ABC recommended by the SSC also follows the guidance 
established in the National Standard 1 Guidelines (74 FR 3178, January 
16, 2009). The SSC's recommended ABC is set 25 percent below the 
overfishing limit, to account for scientific uncertainty. Additionally, 
this harvest level is consistent with the Council's OY level.
    The recreational and commercial allocations would remain consistent 
with those established in Amendment 1 to the FMP. Therefore, 51 percent 
of the TAC would be allocated for the commercial quota and 49 percent 
of the TAC would be allocated for the recreational quota.

Management Measures Contained in this Proposed Rule

    The Gulf red snapper regulatory amendment would set the TAC for 
2010 and subsequent fishing years at 6.945 million lb (3.150 million 
kg). Based on the current commercial and recreational allocations, the 
TAC would be implemented through this proposed rule by setting the 
commercial quota for Gulf red snapper at 3.542 million lb (1.607 
million kg) and the recreational quota at 3.403 million lb (1.544 
million kg). NMFS has made a preliminary projection that this increased 
TAC would result in an estimated 54-day fishing season for the 
recreational sector, which corresponds to a preliminary closure date of 
July 24, 2010. Preliminary estimates indicate the recreational fishery 
exceeded its quota in 2009 by more than 1.7 million lb (0.77 million 
kg), and therefore, under the existing 2.45 million lb (1.11 million 
kg) recreational quota and assuming similar effort and catch rates for 
2010, the recreational fishing season would have been 34 to 40 days. 
However, under the proposed 3.403 million lb (1.544 million kg) quota, 
the recreational fishing season is preliminarily projected to remain 
open for 54 days. The Magnuson-Stevens Act requires NMFS to close the 
recreational red snapper fishery in Federal waters when the quota is 
met or projected to be met. NMFS will provide a final projection of the 
2010 recreational season closure date after finalized 2009 recreational 
landings data are available. The final closure date of the 2010 Gulf 
red snapper recreational season based on final data will be announced 
in the final rule for this action. These management measures would 
achieve the goal of National Standard 1 of the Magnuson-Stevens Act, 
which states that conservation and management measures shall prevent 
overfishing while achieving, on a continuing basis, the optimum yield 
for the fishery.

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 regulatory amendment, other provisions of 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 Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The factual basis for this determination is as follows:

    The purpose of this proposed rule is to set the red snapper 
total allowable catch and resulting recreational and commercial 
quotas consistent with the goals and objectives of the Council's red 
snapper rebuilding plan. The Magnuson-Stevens Act provides the 
statutory basis for this proposed rule.
    This proposed rule, if implemented, would be expected to 
directly affect commercial and for-hire fishing vessels that harvest 
red snapper in the Gulf of Mexico. Based on logbook records, for the 
period 2007-2008, an average of 312 commercial vessels per year 
recorded red snapper landings in the Gulf. The total average annual 
ex-vessel revenues from all logbook-recorded harvests from all 
species for these vessels during this period was approximately 
$28.943 million (2008 dollars), of which approximately $9.435 
million came from red snapper. The average annual total revenue per 
vessel for these vessels during this period was approximately 
$93,000 (2008 dollars).
    Some fleet activity occurs in the Gulf commercial reef fish 
fishery. Based on permit data, the maximum number of permits 
reported to be owned by the same entity is six, though additional 
permits may be linked through other affiliations which cannot be 
identified with current data. Using the average revenue per vessel 
provided above, the average annual estimated maximum combined 
revenues for this entity would be approximately $558,000 (2008 
dollars).
    The for-hire fleet is comprised of charterboats, which charge a 
fee on a vessel basis, and headboats, which charge a fee on an 
individual angler (head) basis. A Gulf reef fish for-hire permit is 
required to harvest red snapper in the Gulf. On December 23, 2009, 
there were 1,266 active Gulf reef fish for-hire permits. An active 
permit is a non-expired permit. Expired reef fish for-hire permits 
may not be actively fished, but are renewable for up to one year 
after expiration. Because of the extended renewal period, numerous 
permits may be expired but renewable at any given time of the year. 
It is estimated that the total number of permits (and associated 
vessels) active for some portion of the entire calendar year is a 
few hundred more than the number of permits active on any given 
date. Although the permit does not distinguish between headboats and 
charter boats, an estimated 79 headboats and 1187 charter boats 
operate in the Gulf. It cannot be determined with available data how 
many of the for-hire vessels permitted to operate in the Gulf reef 
fish fishery harvest red snapper, so all permitted vessels are 
assumed to comprise the universe of potentially affected vessels. 
The average charterboat is estimated to earn approximately $88,000 
(2008 dollars) in annual revenues, while the average headboat is 
estimated to earn approximately $461,000 (2008 dollars).
    The Small Business Administration has established size criteria 
for all major industry sectors in the U.S. including fish 
harvesters. 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 for-hire vessels, the other qualifiers apply and the 
revenues threshold is $7.0 million (NAICS code 713990, recreational 
industries). Based on the average revenue estimates provided above, 
all commercial and for-hire vessels expected to be directly affected 
by this proposed rule are determined for the purpose of this 
analysis to be small business entities.
    This proposed rule would not establish any new reporting, 
record-keeping, or other compliance requirements. No duplicative, 
overlapping, or conflicting Federal rules have been identified. This 
proposed rule, if implemented, would be expected to result in an 
increase in commercial red snapper harvests and a closure date of 
the recreational red snapper fishing season later in the season than 
the status quo. The increase in commercial red snapper harvests 
would be expected to increase commercial annual ex-vessel revenues 
by as much as $3 million, while a later closure date of the 
recreational red snapper fishing season would be expected to 
increase annual net operating revenues to for-hire businesses by as 
much as $3.8 million. Therefore, all of the expected direct economic 
impacts of this proposed rule on small entities, if implemented, are 
positive. No reduction in the revenues or profits of affected 
entities would be expected.

    Because this proposed rule, if implemented, is not expected to have 
any direct economic impact on any small entities, an initial regulatory 
flexibility analysis is not required and none has been prepared.

[[Page 15667]]

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: March 25, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries.

    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.  622.42, paragraphs (a)(1)(i) and (a)(2)(i) are revised 
to read as follows:


Sec.  622.42  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (i) Red snapper--3.542 million lb (1.607 million kg), round weight.
* * * * *
    (2) * * *
    (i) Recreational quota for red snapper. The recreational quota for 
red snapper is 3.403 million lb (1.544 million kg), round weight.
* * * * *
[FR Doc. 2010-7064 Filed 3-29-10; 8:45 am]
BILLING CODE 3510-22-P