Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Emergency Rule to Authorize Re-Opening the Recreational Red Snapper Season, 58335-58337 [2010-23993]
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Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Rules and Regulations
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Emergency rule.
of Mexico Fishery Management Council
(Council) requested NMFS publish this
emergency rule. The intent of this
rulemaking is to provide the RA the
authority to allow fishermen the
opportunity to harvest the recreational
red snapper quota, and to achieve the
optimum yield for the fishery, thus
enhancing social and economic benefits
to the fishery.
DATES: This emergency rule is effective
September 24, 2010 through December
31, 2010.
ADDRESSES: Copies of the environmental
assessment, the final regulatory
flexibility analysis (FRFA), and the
regulatory impact review for this rule
may be obtained from the Southeast
Regional Office, NMFS, 263 13th
Avenue S., St. Petersburg, FL 33701;
telephone 727–824–5305; fax 727–824–
5308; e-mail steve.branstetter@noaa.gov;
or may be downloaded from the SERO
Web site at https://sero.nfms.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Steve Branstetter, 727–824–5796.
SUPPLEMENTARY INFORMATION: The Gulf
reef fish fishery is managed under the
Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico
(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, 16 U.S.C. 1801, et seq. (MagnusonStevens Act). The Magnuson-Stevens
Act provides the legal authority for the
promulgation of emergency regulations
under section 305(c) (16 U.S.C. 1355(c)).
On August 16, 2010, NMFS published
a proposed emergency rule to grant the
RA the authority to re-open the Gulf
recreational red snapper season after
September 30, and requested public
comment (75 FR 49883). The rationale
for the measures contained in this
emergency rule is provided in the
environmental assessment and the
proposed emergency rule and is not
repeated here.
NMFS issues this emergency
rule to authorize the Regional
Administrator, Southeast Region, NMFS
(RA) to re-open the Gulf of Mexico
(Gulf) recreational red snapper season
after the September 30, 2010, end of the
fishing season. NMFS has determined
that the recreational red snapper quota
was not met by the 12:01 a.m., local
time, July 24, 2010, closure date. The BP
Deepwater Horizon MC252 oil spill and
the associated large-area fishery closure
(fishery closed area) in the north-central
Gulf are located where a substantial
portion of the recreational red snapper
fishing effort occurs. Therefore, the Gulf
Comments and Responses
A total of 139 comments were
received on the proposed emergency
rule. A summary of those comments,
and NMFS responses, follows.
Comment 1: More than 50 percent of
the comments expressed broad general
support re-opening the recreational red
snapper fishing season during 2010
without regard to specific timing.
Another 25 percent specifically
expressed support for re-opening later
in the year and/or giving NMFS the
authority to re-open the season after the
September 30 end of the fishing season.
At its August 2010 meeting, the Council
notice and opportunity for public
comment on the re-opening is
unnecessary because the rule
establishing the annual quota has
already been subject to notice and
comment, and all that remains is to
notify the public that additional harvest
remains in the established quota and,
therefore, the fishery will re-open for a
limited time period.
This rule relieves a restriction by reopening the recreational red snapper
season after September 30, the end of
the fishing season. Because it relieves a
restriction, this rule is not subject to the
30-day delayed effectiveness provision
of the Administrative Procedures Act
pursuant to 5 U.S.C. 553(d)(1).
This action is taken under 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 21, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–23992 Filed 9–21–10; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 100713296–0452–02]
RIN 0648–BA06
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Emergency Rule to Authorize ReOpening the Recreational Red Snapper
Season
AGENCY:
hsrobinson on DSK69SOYB1PROD with RULES
SUMMARY:
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58335
recommended re-opening the
recreational red snapper fishing season
on eight consecutive weekends (Friday
through Sunday) beginning October 1,
2010. Several comments received after
this meeting expressed opinions
regarding weekend openings versus
opening during the week as well.
Response: This emergency rule gives
the RA the authority to re-open the
recreational red snapper fishing season
after September 30, 2010. Without this
rulemaking NMFS is only authorized to
re-open the season through the end of
the designated June 1 through
September 30 fishing season. The
recreational red snapper quota is
established based on an allowable
biological catch level determined from
the results of a peer-reviewed and vetted
stock assessment, which is based on the
best scientific information available.
This rulemaking will provide the
opportunity for the recreational sector to
harvest the remaining quota and achieve
the Council’s designated optimum yield
(OY) for the fishery, thus enhancing
social and economic benefits to
fishermen and the tourism industries of
Gulf coastal communities. The timing
and duration of a re-opening will not
affect the goal of harvesting the
allowable catch established in
accordance with the red snapper
rebuilding plan, which seeks to achieve
OY for the red snapper component of
the reef fish fishery. NMFS will publish
an additional rulemaking specifying the
dates of a re-opening.
Comment 2: A few comments
suggested that areas that had been open
to fishing during the June 1 through July
23 recreational red snapper season
should remain closed. Any re-opening
of the season should be restricted to
those areas that had been closed to all
fishing because of BP Deepwater
Horizon MC252 oil spill, but are now reopened to fishing.
Response: The recreational red
snapper quota is a Gulf-wide quota; it is
not separated into regional components.
Current regulations do not allow NMFS
to designate fishing season openings for
specific geographic regions. In addition,
many areas are still closed to all fishing
because of the BP Deepwater Horizon
MC252 oil spill, and may not be reopened to fishing during the
recommended eight consecutive
weekend openings. Re-opening the
recreational red snapper fishing season
to specific geographic regions would
create substantial regulatory confusion
for the public, and increase the
difficulty of enforcement.
Comment 3: A few comments
suggested that the recreational red
snapper fishing season should remain
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Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Rules and Regulations
closed for 2010. It was suggested NMFS
should not be authorized to change the
existing regulations intended to protect
the red snapper stock just because the
quota was not harvested. It would be
irresponsible to re-open the recreational
red snapper fishing season without first
determining the effects of the BP
Deepwater Horizon MC252 oil spill to
the environment and associated fish
stocks. A stock assessment should be
conducted before allowing additional
fishing mortality.
Response: NMFS acknowledges the
concern for potential impact to fishery
stocks from the BP Deepwater Horizon
MC252 oil spill. Oil from the spill
dispersed on the surface as well as
within the water column. Red snapper
spawn during summer and fall. Oil in
surface waters could affect the survival
of eggs and larvae; however, if oil has
not dispersed to the ocean floor, the
impacts to the demersal juvenile and
adult red snapper and their benthic
habitat may not be substantial. This
anthropogenically-induced natural
mortality on larvae caused by the oil
spill could result in declines in
recruitment in future year classes.
At this time, data are not available to
demonstrate any specific adverse effects
of the BP Deepwater Horizon MC252 oil
spill on the red snapper resource or its
habitat. As a result, no information is
available indicating that the 2010
recreational red snapper quota should
not be harvested. The current rebuilding
schedule is intended to allow a specific
harvest that will allow the stock to
rebuild on a specified schedule, while
providing for a quota-controlled harvest
that will achieve maximum economic
and social benefits. No information is
available that indicates reduced harvests
are necessary to maintain the current
rebuilding schedule, i.e., to mitigate
biological harm resulting from the oil
spill. In the absence of biological harm
or a need for beneficial mitigation
(although not harvesting the quota
would reduce overall fishing mortality),
this would not be expected to result in
greater economic and social benefits. In
addition, substantial portions of the red
snapper population are found in the
northwestern and western Gulf (western
Louisiana and Texas) and an increasing
population of red snapper is reestablishing off the west Florida
continental shelf. Spawning by these
segments of the stock should mitigate
the overall impact of any potentially
compromised spawn by that part of the
stock located in oil-affected areas.
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16:03 Sep 23, 2010
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Classification
This action is issued pursuant to
section 305(c) of the Magnuson-Stevens
Act, 16 U.S.C. 1855(c).
This emergency rule has been
determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an FRFA. The FRFA
describes the economic impact this
emergency rule is expected to have on
small entities. A description of the
action, why it is being considered, and
the 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 FRFA is available from
NMFS (see ADDRESSES). A summary of
the FRFA analysis follows.
The purpose of this emergency rule is
to authorize the Regional Administrator,
Southeast Region, NMFS (RA), to reopen the Gulf of Mexico recreational red
snapper season after the September 30,
2010, end of the fishing season in order
to provide fishermen the opportunity to
harvest the recreational red snapper
quota, and to achieve the OY for the
fishery, thus enhancing the social and
economic benefits to the fishery. The
Magnuson-Stevens Act provides the
statutory basis for this emergency rule.
This emergency rule does not
establish any new reporting, recordkeeping, or other compliance
requirements. No duplicative,
overlapping, or conflicting Federal rules
have been identified.
No significant issues were raised by
public comments in response to the
Initial Regulatory Flexibility Analysis
(IRFA) and no changes were made in the
emergency rule as a result of such
comments.
This emergency rule will grant NMFS
the authority to re-open the Gulf
recreational red snapper season.
Because this emergency rule will only
grant the authority to re-open the red
snapper fishing season, and not actually
re-open the season (re-opening would
only occur as a result of subsequent
rule-making), this emergency rule is an
administrative action and no direct
effects on any small entities have been
identified or are expected.
However, a reasonably foreseeable
consequence of this emergency rule is
the re-opening of the Gulf red snapper
fishing season. If the recreational red
snapper season is re-opened, federally
permitted for-hire fishing businesses
that sell services to fish for red snapper
in the Gulf of Mexico would be
expected to be directly affected. The forhire fleet is comprised of charterboats,
which charge a fee on a vessel basis, and
headboats, which charge a fee on an
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individual angler (head) basis. A Gulf
reef fish for-hire permit is required to
harvest red snapper in the Federal
waters of the Gulf of Mexico. During
2009, there were 1,424 valid (nonexpired) Federal reef fish for-hire
permits that allowed permit holders to
fish during any portion of the year.
Although the Federal for-hire permit
does not distinguish between headboats
and charter boats, an estimated 79
headboats operate in the Gulf of Mexico.
It cannot be determined with available
data how many of the for-hire vessels
permitted to operate in the reef fish
fishery fish for or harvest red snapper,
either through directed effort or
incidental harvest, so all permitted
vessels are assumed, for this analysis, 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
the for-hire fishing industry 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 $7.0 million
(NAICS code 713990, recreational
industries). Based on the average
revenue estimates provided above, all
for-hire vessels that would be expected
to be directly affected by actual reopening of the red snapper season are
determined for the purpose of this
discussion to be small business entities.
As stated previously, this emergency
rule is an administrative action and no
direct economic effects on any small
entities have been identified or are
expected.
For-hire vessels that would be directly
affected by subsequent rule-making to
re-open the red snapper season would
be expected to receive an increase of
approximately $4.4 million (2008
dollars) in net operating revenues
(revenues minus non-labor variable
operating costs) compared to not reopening. As previously discussed, it
cannot be determined how many of the
for-hire vessels permitted to operate in
the reef fish fishery fish for or harvest
red snapper. If spread over all 1,424
vessels with Federal reef fish for-hire
permits, this increase in net operating
revenues would equate to an average of
approximately $3,000 per vessel.
However, not all for-hire vessels with
Federal reef fish permits would be
expected to benefit from re-opening the
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Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Rules and Regulations
red snapper season, and some vessels
would be expected to benefit more than
others. Estimates of the average annual
net operating revenues per vessel are
not available, and estimates of the
average annual gross revenues per
vessel, provided above, are an
inappropriate proxy because gross
revenues do not account for operating
expenditures. As a result, estimates of
the average percentage increase in net
operating revenues are not available. It
is noted, however, that because these
effects would only occur in response to
subsequent rule-making, these effects
would indirectly result from this
emergency rule.
Because no direct effects on any small
entities have been identified or are
expected to occur as a result of this
emergency rule, the issue of significant
alternatives is not relevant.
Pursuant to the Administrative
Procedure Act, 5 U.S.C. 553(d)(3), the
Assistant Administrative for Fisheries
(AA) finds good cause to waive the
delay in effectiveness of this final
emergency rule. This rule grants NMFS
the authority to re-open the Gulf
recreational red snapper season. The reopening of the red snapper fishing
season would only occur as a result of
subsequent rule-making. This
emergency rule is purely procedural in
nature, and does not impose any new
compliance requirements or reporting
burdens on the public for which a delay
in effectiveness would be necessary. For
these reasons, the AA finds good cause
to waive the 30-day delay in
effectiveness of this rulemaking.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: September 20, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator For
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
■
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:AUTH≤
hsrobinson on DSK69SOYB1PROD with RULES
■
Authority:
16 U.S.C. 1801 et seq.
2. In § 622.34, paragraph (m) is
suspended and paragraph (v) is added to
read as follows:
■
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16:03 Sep 23, 2010
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§ 622.34 Gulf EEZ seasonal and/or area
closures.
*
*
*
*
*
(v) Closure of the recreational fishery
for red snapper. The recreational fishery
for red snapper in or from the Gulf EEZ
is closed from January 1 through May
31. During the closure, the bag and
possession limit for red snapper in or
from the Gulf EEZ is zero.
[FR Doc. 2010–23993 Filed 9–21–10; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 090511911–0307–02]
RIN 0648–AX89
Fisheries of the Exclusive Economic
Zone Off Alaska; Chinook Salmon
Bycatch Management in the Bering
Sea Pollock Fishery; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Correction to final rule.
AGENCY:
This document contains three
corrections to the final rule pertaining to
Fisheries of the Exclusive Economic
Zone Off Alaska; Chinook Salmon
Bycatch Management in the Bering Sea
Pollock Fishery published on August
30, 2010. These corrections amend
content within tables to eliminate
potential confusion by the public.
DATES: Effective September 29, 2010.
FOR FURTHER INFORMATION CONTACT:
Seanbob Kelly, 907–586–7228.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
A final rule was published in the
Federal Register on August 30, 2010 (75
FR 53026) that revises several sections
of regulations that pertain to the
management of Chinook salmon bycatch
in the Bering Sea subarea of the Bering
Sea and Aleutian Islands Management
Area (BSAI). This final rule applies to
owners and operators of catcher vessels,
catcher/processors, motherships,
inshore processors, and the six Western
Alaska Community Development Quota
(CDQ) Program groups participating in
the pollock (Theragra chalcogramma)
fishery that is managed under the
Fishery Management Plan for
Groundfish of the BSAI.
The first error is an incorrect table
number that exists within a table used
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58337
to determine the amount of Chinook
salmon associated with each CDQ
group. The second and third errors
occur in the ‘‘locate and remove’’ table.
The ‘‘locate and remove’’ table is used to
define specific technical changes in
regulatory citations. The errors occurred
in the listing of specific citation changes
in this table. These changes are
unnecessary and need to be removed
because the citations are identified
earlier for removal in the amendatory
instructions. These errors should be
corrected immediately to eliminate
potential confusion by the regulated
public.
The Assistant Administrator for
Fisheries, NOAA (AA), finds good cause
pursuant to 5 U.S.C. 553(b)(B) to waive
prior notice and the opportunity for
public comment because it would be
unnecessary and contrary to the public
interest. These errors should be
corrected immediately to eliminate
potential confusion by the regulated
public. If the effective date for these
corrections is delayed to solicit prior
public comment, these technical errors
will not be corrected by the effective
date of this final rule, thereby
undermining the conservation and
management objectives of the FMP. The
AA further finds, pursuant to 5 U.S.C
553(d)(3), good cause to waive the thirty
(30) day delayed effectiveness period for
the reasons stated above.
NMFS is correcting these errors and is
not making substantive changes to the
document in rule FR Doc. 2010–20618
published on August 30, 2010 (75 FR
53026).
Need for Correction
Accordingly, the final rule published
on August 30, 2010 (75 FR 53026), to be
effective September 29, 2010, is
corrected as follows:
§ 679.21 [Corrected]
1. On page 53061, in § 679.21
(f)(4)(i)(D), in the fourth column of the
table, under the column heading
‘‘Reduce the B season allocation by the
sum of the amount of Chinook salmon
associated with each vessel or CDQ
group not participating in an IPA:’’,
correct the reference to ‘‘Table 43d’’ to
read as ‘‘Table 47d’’.
§§ 679.7 and 679.26 [Corrected]
2. On page 53069, in the ‘‘locate and
remove’’ table at the bottom of the page,
under all four columns, remove line
seven, that starts with, ‘‘§ 679.7(d)(18)’’
and remove line eleven that starts with
‘‘§ 679.26(c)(1).’’
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]]>Agencies
[Federal Register Volume 75, Number 185 (Friday, September 24, 2010)]
[Rules and Regulations]
[Pages 58335-58337]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23993]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100713296-0452-02]
RIN 0648-BA06
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Emergency Rule to Authorize
Re-Opening the Recreational Red Snapper Season
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this emergency rule to authorize the Regional
Administrator, Southeast Region, NMFS (RA) to re-open the Gulf of
Mexico (Gulf) recreational red snapper season after the September 30,
2010, end of the fishing season. NMFS has determined that the
recreational red snapper quota was not met by the 12:01 a.m., local
time, July 24, 2010, closure date. The BP Deepwater Horizon MC252 oil
spill and the associated large-area fishery closure (fishery closed
area) in the north-central Gulf are located where a substantial portion
of the recreational red snapper fishing effort occurs. Therefore, the
Gulf of Mexico Fishery Management Council (Council) requested NMFS
publish this emergency rule. The intent of this rulemaking is to
provide the RA the authority to allow fishermen the opportunity to
harvest the recreational red snapper quota, and to achieve the optimum
yield for the fishery, thus enhancing social and economic benefits to
the fishery.
DATES: This emergency rule is effective September 24, 2010 through
December 31, 2010.
ADDRESSES: Copies of the environmental assessment, the final regulatory
flexibility analysis (FRFA), and the regulatory impact review for this
rule may be obtained from the Southeast Regional Office, NMFS, 263 13th
Avenue S., St. Petersburg, FL 33701; telephone 727-824-5305; fax 727-
824-5308; e-mail steve.branstetter@noaa.gov; or may be downloaded from
the SERO Web site at https://sero.nfms.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Steve Branstetter, 727-824-5796.
SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery is managed under
the Fishery Management Plan for the Reef Fish Resources of the Gulf of
Mexico (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, 16 U.S.C.
1801, et seq. (Magnuson-Stevens Act). The Magnuson-Stevens Act provides
the legal authority for the promulgation of emergency regulations under
section 305(c) (16 U.S.C. 1355(c)).
On August 16, 2010, NMFS published a proposed emergency rule to
grant the RA the authority to re-open the Gulf recreational red snapper
season after September 30, and requested public comment (75 FR 49883).
The rationale for the measures contained in this emergency rule is
provided in the environmental assessment and the proposed emergency
rule and is not repeated here.
Comments and Responses
A total of 139 comments were received on the proposed emergency
rule. A summary of those comments, and NMFS responses, follows.
Comment 1: More than 50 percent of the comments expressed broad
general support re-opening the recreational red snapper fishing season
during 2010 without regard to specific timing. Another 25 percent
specifically expressed support for re-opening later in the year and/or
giving NMFS the authority to re-open the season after the September 30
end of the fishing season. At its August 2010 meeting, the Council
recommended re-opening the recreational red snapper fishing season on
eight consecutive weekends (Friday through Sunday) beginning October 1,
2010. Several comments received after this meeting expressed opinions
regarding weekend openings versus opening during the week as well.
Response: This emergency rule gives the RA the authority to re-open
the recreational red snapper fishing season after September 30, 2010.
Without this rulemaking NMFS is only authorized to re-open the season
through the end of the designated June 1 through September 30 fishing
season. The recreational red snapper quota is established based on an
allowable biological catch level determined from the results of a peer-
reviewed and vetted stock assessment, which is based on the best
scientific information available. This rulemaking will provide the
opportunity for the recreational sector to harvest the remaining quota
and achieve the Council's designated optimum yield (OY) for the
fishery, thus enhancing social and economic benefits to fishermen and
the tourism industries of Gulf coastal communities. The timing and
duration of a re-opening will not affect the goal of harvesting the
allowable catch established in accordance with the red snapper
rebuilding plan, which seeks to achieve OY for the red snapper
component of the reef fish fishery. NMFS will publish an additional
rulemaking specifying the dates of a re-opening.
Comment 2: A few comments suggested that areas that had been open
to fishing during the June 1 through July 23 recreational red snapper
season should remain closed. Any re-opening of the season should be
restricted to those areas that had been closed to all fishing because
of BP Deepwater Horizon MC252 oil spill, but are now re-opened to
fishing.
Response: The recreational red snapper quota is a Gulf-wide quota;
it is not separated into regional components. Current regulations do
not allow NMFS to designate fishing season openings for specific
geographic regions. In addition, many areas are still closed to all
fishing because of the BP Deepwater Horizon MC252 oil spill, and may
not be re-opened to fishing during the recommended eight consecutive
weekend openings. Re-opening the recreational red snapper fishing
season to specific geographic regions would create substantial
regulatory confusion for the public, and increase the difficulty of
enforcement.
Comment 3: A few comments suggested that the recreational red
snapper fishing season should remain
[[Page 58336]]
closed for 2010. It was suggested NMFS should not be authorized to
change the existing regulations intended to protect the red snapper
stock just because the quota was not harvested. It would be
irresponsible to re-open the recreational red snapper fishing season
without first determining the effects of the BP Deepwater Horizon MC252
oil spill to the environment and associated fish stocks. A stock
assessment should be conducted before allowing additional fishing
mortality.
Response: NMFS acknowledges the concern for potential impact to
fishery stocks from the BP Deepwater Horizon MC252 oil spill. Oil from
the spill dispersed on the surface as well as within the water column.
Red snapper spawn during summer and fall. Oil in surface waters could
affect the survival of eggs and larvae; however, if oil has not
dispersed to the ocean floor, the impacts to the demersal juvenile and
adult red snapper and their benthic habitat may not be substantial.
This anthropogenically-induced natural mortality on larvae caused by
the oil spill could result in declines in recruitment in future year
classes.
At this time, data are not available to demonstrate any specific
adverse effects of the BP Deepwater Horizon MC252 oil spill on the red
snapper resource or its habitat. As a result, no information is
available indicating that the 2010 recreational red snapper quota
should not be harvested. The current rebuilding schedule is intended to
allow a specific harvest that will allow the stock to rebuild on a
specified schedule, while providing for a quota-controlled harvest that
will achieve maximum economic and social benefits. No information is
available that indicates reduced harvests are necessary to maintain the
current rebuilding schedule, i.e., to mitigate biological harm
resulting from the oil spill. In the absence of biological harm or a
need for beneficial mitigation (although not harvesting the quota would
reduce overall fishing mortality), this would not be expected to result
in greater economic and social benefits. In addition, substantial
portions of the red snapper population are found in the northwestern
and western Gulf (western Louisiana and Texas) and an increasing
population of red snapper is re-establishing off the west Florida
continental shelf. Spawning by these segments of the stock should
mitigate the overall impact of any potentially compromised spawn by
that part of the stock located in oil-affected areas.
Classification
This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Act, 16 U.S.C. 1855(c).
This emergency rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an FRFA. The FRFA describes the economic impact this
emergency rule is expected to have on small entities. A description of
the action, why it is being considered, and the 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 FRFA is
available from NMFS (see ADDRESSES). A summary of the FRFA analysis
follows.
The purpose of this emergency rule is to authorize the Regional
Administrator, Southeast Region, NMFS (RA), to re-open the Gulf of
Mexico recreational red snapper season after the September 30, 2010,
end of the fishing season in order to provide fishermen the opportunity
to harvest the recreational red snapper quota, and to achieve the OY
for the fishery, thus enhancing the social and economic benefits to the
fishery. The Magnuson-Stevens Act provides the statutory basis for this
emergency rule.
This emergency rule does not establish any new reporting, record-
keeping, or other compliance requirements. No duplicative, overlapping,
or conflicting Federal rules have been identified.
No significant issues were raised by public comments in response to
the Initial Regulatory Flexibility Analysis (IRFA) and no changes were
made in the emergency rule as a result of such comments.
This emergency rule will grant NMFS the authority to re-open the
Gulf recreational red snapper season. Because this emergency rule will
only grant the authority to re-open the red snapper fishing season, and
not actually re-open the season (re-opening would only occur as a
result of subsequent rule-making), this emergency rule is an
administrative action and no direct effects on any small entities have
been identified or are expected.
However, a reasonably foreseeable consequence of this emergency
rule is the re-opening of the Gulf red snapper fishing season. If the
recreational red snapper season is re-opened, federally permitted for-
hire fishing businesses that sell services to fish for red snapper in
the Gulf of Mexico would be expected to be directly affected. 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 Federal waters of the Gulf of Mexico. During 2009, there
were 1,424 valid (non-expired) Federal reef fish for-hire permits that
allowed permit holders to fish during any portion of the year. Although
the Federal for-hire permit does not distinguish between headboats and
charter boats, an estimated 79 headboats operate in the Gulf of Mexico.
It cannot be determined with available data how many of the for-hire
vessels permitted to operate in the reef fish fishery fish for or
harvest red snapper, either through directed effort or incidental
harvest, so all permitted vessels are assumed, for this analysis, 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 the for-hire fishing industry 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 $7.0 million (NAICS code
713990, recreational industries). Based on the average revenue
estimates provided above, all for-hire vessels that would be expected
to be directly affected by actual re-opening of the red snapper season
are determined for the purpose of this discussion to be small business
entities.
As stated previously, this emergency rule is an administrative
action and no direct economic effects on any small entities have been
identified or are expected.
For-hire vessels that would be directly affected by subsequent
rule-making to re-open the red snapper season would be expected to
receive an increase of approximately $4.4 million (2008 dollars) in net
operating revenues (revenues minus non-labor variable operating costs)
compared to not re-opening. As previously discussed, it cannot be
determined how many of the for-hire vessels permitted to operate in the
reef fish fishery fish for or harvest red snapper. If spread over all
1,424 vessels with Federal reef fish for-hire permits, this increase in
net operating revenues would equate to an average of approximately
$3,000 per vessel. However, not all for-hire vessels with Federal reef
fish permits would be expected to benefit from re-opening the
[[Page 58337]]
red snapper season, and some vessels would be expected to benefit more
than others. Estimates of the average annual net operating revenues per
vessel are not available, and estimates of the average annual gross
revenues per vessel, provided above, are an inappropriate proxy because
gross revenues do not account for operating expenditures. As a result,
estimates of the average percentage increase in net operating revenues
are not available. It is noted, however, that because these effects
would only occur in response to subsequent rule-making, these effects
would indirectly result from this emergency rule.
Because no direct effects on any small entities have been
identified or are expected to occur as a result of this emergency rule,
the issue of significant alternatives is not relevant.
Pursuant to the Administrative Procedure Act, 5 U.S.C. 553(d)(3),
the Assistant Administrative for Fisheries (AA) finds good cause to
waive the delay in effectiveness of this final emergency rule. This
rule grants NMFS the authority to re-open the Gulf recreational red
snapper season. The re-opening of the red snapper fishing season would
only occur as a result of subsequent rule-making. This emergency rule
is purely procedural in nature, and does not impose any new compliance
requirements or reporting burdens on the public for which a delay in
effectiveness would be necessary. For these reasons, the AA finds good
cause to waive the 30-day delay in effectiveness of this rulemaking.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: September 20, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 622 is amended as
follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.34, paragraph (m) is suspended and paragraph (v) is
added to read as follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(v) Closure of the recreational fishery for red snapper. The
recreational fishery for red snapper in or from the Gulf EEZ is closed
from January 1 through May 31. During the closure, the bag and
possession limit for red snapper in or from the Gulf EEZ is zero.
[FR Doc. 2010-23993 Filed 9-21-10; 4:15 pm]
BILLING CODE 3510-22-S
