Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures, 21955-21958 [2012-8756]
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Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Proposed Rules
Dogfish (Squalus acanthias) May 2009—
April 2010 Fishing Year. Prepared by the
Spiny Dogfish Plan Review Team,
ASMFC.
Byrd, B.L, A.A. Hohn, F.H. Munden, G.N.
Lovewell, and R.E. LoPiccolo. 2008.
Effects of Commercial Fishing
Regulations on Stranding Rates of
Bottlenose Dolphins (Tursiops
truncatus). Fish. Bull. 106:72–81.
NCDMF. 2008. Overview of North Carolina
Spiny Dogfish Regulations and
Commercial Landings. North Carolina
Department of Natural Resources, March
2008.
NMFS. Personal Communication. National
Marine Fisheries Service, Fisheries
Statistic Division, Silver Spring, MD.
NMFS. 2006. 43rd SAW Assessment
Summary Report (43rd SAW): 43rd SAW
assessment report. US Dep Commer,
Norteast Fish Sci Cent Ref Doc 06–25;
200. November 2006.
NOAA Southeast Stranding Data. 2010.
NOAA National Marine Mammal Health
and Stranding Response Database
unpublished data, accessed March 1,
2011 date.
Rago, P.J. and K.A. Sosebee. 2010. Biological
Reference Points for Spiny Dogfish.
Department of Commerce, National
Oceanic and Atmospheric
Administration, National Marine
Fisheries Service. Northeast Fisheries
Science Center Reference Document 10–
06. May 2010.
Rossman, M. and D. Palka. 2004. A Review
of Coastal Bottlenose Dolphin Bycatch
Mortality Estimates in Relation to the
Potential Effectiveness of the Proposed
BDTRP. Prepared by NMFS–NEFSC for
the BDTRT. BDTRT document number
1–13–05f.
Waring, G.T., E. Josephson, C.P. FairfieldWalsh, and K. Maze-Foley, editors. 2007.
U.S. Atlantic and Gulf of Mexico Marine
Mammal Stock Assessments—2007.
NOAA Tech Memo NMFS NE 205; 415
p.
Waring, G.T., E. Josephson, K. Maze-Foley,
and P.E. Rosel, editors. 2011. U.S.
Atlantic and Gulf of Mexico Marine
Mammal Stock Assessments—2010.
NOAA Tech Memo NMFS NE 219; 598
p.
List of Subjects in 50 CFR Part 229
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Administrative practice and
procedure, Confidential business
information, Fisheries, Marine
mammals, Reporting and recordkeeping
requirements.
Dated: April 5, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 229 is proposed
to be amended as follows:
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PART 229—AUTHORIZATION FOR
COMMERCIAL FISHERIES UNDER THE
MARINE MAMMAL PROTECTION ACT
OF 1972
1. The authority citation for 50 CFR
part 229 continues to read as follows:
Authority: 16. U.S.C. 1361 et seq.; 50 CFR
229.32(f) also issued under 16 U.S.C. 1531 et
seq.
2. In § 229.35 paragraph (a), the
definitions of South Carolina, Georgia,
and Florida waters and Southern North
Carolina State waters in paragraph (b),
and paragraphs (d)(1)(i), (d)(2)(i),
(d)(4)(ii), and (d)(5)(i) are revised to read
as follows:
§ 229.35 Bottlenose Dolphin Take
Reduction Plan.
(a) Purpose and scope. The purpose of
this section is to implement the
Bottlenose Dolphin Take Reduction
Plan (BDTRP) to reduce incidental
mortality and serious injury of stocks of
bottlenose dolphins within the Western
North Atlantic coastal morphotype in
specific Category I and II commercial
fisheries from New Jersey through
Florida. Specific Category I and II
commercial fisheries within the scope of
the BDTRP are indentified and updated
in the annual List of Fisheries. Gear
restricted by this section includes small,
medium, and large mesh gillnets. The
geographic scope of the BDTRP is all
tidal and marine waters within 6.5
nautical miles (12 km) of shore from the
New York-New Jersey border southward
to Cape Hatteras, North Carolina, and
within 14.6 nautical miles (27 km) of
shore from Cape Hatteras, southward to,
and including the east coast of Florida
down to the fishery management
council demarcation line between the
Atlantic Ocean and the Gulf of Mexico
(as described in § 600.105 of this
chapter).
(b) * * *
South Carolina, Georgia, and Florida
waters means the area consisting of all
marine and tidal waters, within 14.6
nautical miles (27 km) of shore, between
33°51′07.9″ N. (North Carolina/South
Carolina border at the coast and as
described by ‘‘Off South Carolina’’ in
§ 622.2 of this title) and the fishery
management council demarcation line
between the Atlantic Ocean and the
Gulf of Mexico (as described in
§ 600.105 of this chapter).
*
*
*
*
*
Southern North Carolina State waters
means the area consisting of all marine
and tidal waters, within 3 nautical miles
(5.56 km) of shore, bounded on the
north by 34°35.4′ N. (Cape Lookout,
North Carolina) and on the south by
33°51′07.9″ N. (North Carolina/South
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21955
Carolina border at the coast and as
described by ‘‘Off South Carolina’’ in
§ 622.2 of this title).
*
*
*
*
*
(d) * * *
(1) * * *
(i) Medium and large mesh gillnets.
From June 1 through October 31, in New
Jersey, Delaware, and Maryland State
waters, no person may fish with any
medium or large mesh anchored gillnet
gear at night unless such person remains
within 0.5 nautical mile (0.93 km) of the
closest portion of each gillnet and
removes all such gear from the water
and stows it on board the vessel before
the vessel returns to port.
*
*
*
*
*
(2) * * *
(i) Medium and large mesh gillnets.
From June 1 through October 31, in
Southern Virginia State waters and
Northern Virginia State waters, no
person may fish with any medium or
large mesh anchored gillnet gear at night
unless such person remains within 0.5
nautical mile (0.93 km) of the closest
portion of each gillnet and removes all
such gear from the water and stows it on
board the vessel before the vessel
returns to port.
*
*
*
*
*
(4) * * *
(ii) Medium mesh gillnets. From
November 1 through April 30 of the
following year, in Northern North
Carolina State waters, no person may
fish with any medium mesh gillnet at
night.
*
*
*
*
*
(5) * * *
(i) Medium mesh gillnets. From
November 1 through April 30 of the
following year, in Southern North
Carolina State waters, no person may
fish with any medium mesh gillnet at
night.
*
*
*
*
*
[FR Doc. 2012–8770 Filed 4–11–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120213124–2225–01]
RIN 0648–BB91
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Red
Snapper Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Proposed Rules
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
NMFS proposes to implement
management measures described in 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). If
implemented, this rule would increase
the commercial and recreational quotas
for red snapper in the Gulf of Mexico
(Gulf) reef fish fishery for the 2012
fishing year, and for the 2013 fishing
year if NMFS determines the acceptable
biological catch (ABC) is not exceeded
in the 2012 fishing year. This rule
would also eliminate the October 1
closure date of the recreational fishing
season. This proposed rule is intended
to provide more flexibility in managing
recreational red snapper and to help
achieve optimum yield (OY) for the Gulf
red snapper resource without increasing
the risk of red snapper experiencing
overfishing.
SUMMARY:
Written comments must be
received on or before April 27, 2012.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2012–0024’’ 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: Cynthia Meyer, 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 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).
To submit comments through the
Federal e-Rulemaking Portal: https://
www.regulations.gov, enter ‘‘NOAA–
NMFS–2011–0024’’ in the search field
and click on ‘‘search’’. After you locate
the proposed rule, click the ‘‘Submit a
Comment’’ link in that row. This will
display the comment web form. You can
enter your submitter information (unless
you prefer to remain anonymous), and
type your comment on the web form.
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DATES:
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You can also attach additional files (up
to 10MB) in Microsoft Word, Excel,
WordPerfect, or Adobe PDF file formats
only.
Comments received through means
not specified in this rule will not be
considered.
For further assistance with submitting
a comment, see the ‘‘Commenting’’
section at https://www.regulations.gov/
#!faqs or the Help section at https://
www.regulations.gov.
Electronic copies of the regulatory
amendment, which includes an
environmental assessment and a
regulatory impact review, may be
obtained from the Southeast Regional
Office Web Site at https://
sero.nmfs.noaa.gov/sf/
GrouperSnapperandReefFish.htm.
FOR FURTHER INFORMATION CONTACT:
Cynthia Meyer, Southeast Regional
Office, NMFS, telephone 727–824–5305;
email: Cynthia.Meyer@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Council manage the Gulf reef fish
fishery under the FMP. The Council
prepared the FMP and NMFS
implements the FMP through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
Background
The Southeast Data, Assessment, and
Review (SEDAR) update assessment for
Gulf red snapper, conducted in August
2009 (SEDAR 9), determined that
overfishing had ended for the red
snapper stock, and that the ABC may be
increased. The stock, however, is still
overfished and under a rebuilding plan
through 2032. The next SEDAR
benchmark stock assessment currently
scheduled for Gulf red snapper is in
2012.
The Council’s Scientific and
Statistical Committee (SSC) met January
10–13, 2012, and recommended new
ABCs for the 2012 and 2013 fishing
years. For 2012, the SSC recommended
an ABC of 8.080 million lb (3.665
million kg) and for 2013, the SSC
recommended an ABC of 8.690 million
lb (3.942 million kg). The Council met
January 30–February 2, 2012, and voted
to implement these new ABCs through
the 2012 Gulf red snapper regulatory
amendment.
Management Measures Contained in
this Proposed Rule
This rule would set the 2012 and 2013
commercial and recreational quotas for
red snapper based on the ABCs
recommended by the SSC and on the
current commercial and recreational
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allocations (51-percent commercial and
49-percent recreational). Therefore, the
2012 commercial quota would be set at
4.121 million lb (1.869 million kg),
round weight, and the 2012 recreational
quota would be set at 3.959 million lb
(1.796 million kg), round weight. The
2013 quotas would be set at 4.432
million lb (2.010 million kg), round
weight, for the commercial sector, and
4.258 million lb (1.931 million kg),
round weight, for the recreational
sector, if NMFS determines that the
ABC is not exceeded in the 2012 fishing
year. If NMFS determines the 2012 ABC
is exceeded, NMFS will maintain the
2012 commercial and recreational
quotas in the 2013 fishing year. If this
is the case, the Assistant Administrator
will file a notification with the Office of
the Federal Register to announce that
commercial and recreational quotas will
remain at 2012 levels in the 2013 fishing
year.
This rule would change the end of the
recreational fishing season from October
1 to December 31. Under 50 CFR 622.34
(m), the red snapper recreational fishing
season opens each year on June 1 and
closes when the recreational quota is
projected to be reached, but no later
than October 1. Prior to June 1 each
year, NOAA projects the closing date
based on the previous year’s data, and
notifies the public of the closing date for
the upcoming season. If subsequent data
indicate the quota has not been reached
by that closing date, NMFS may reopen
the season, but only until the October 1
end date.
In 2010, following the closure of large
areas of the Gulf in response to the
Deepwater Horizon MC252 oil spill,
NMFS determined the recreational
quota was not caught during the open
period. However, the October 1 end of
the fishing season prevented NMFS
from reopening the season to allow the
remainder of the recreational quota to be
caught. Instead, the Secretary had to
take emergency action to reopen the
season. Changing the end date of the
fishing season to December 31 will
allow NMFS to reopen the season
through December 31, the end of the
fishing year, thus maximizing this
sector’s opportunity to harvest its full
quota and giving the Council and NMFS
greater flexibility to manage the red
snapper recreational fishing season.
In addition to proposing the change to
the end of the fishing season, NMFS is
currently reviewing preliminary
landings information used in projecting
recreational red snapper harvest for the
2012 fishing year. After finalized 2011
recreational landings data are available
and before the season opens on June 1,
2012, NMFS will announce when the
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Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Proposed Rules
2012 quota is projected to be harvested.
NMFS may announce when the 2012
quota is projected to be harvested in the
final rule associated with this action.
The red snapper management
measures contained in this proposed
rule 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.
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Other Changes to Codified Text
This rule also proposes to revise the
definition for ‘‘shrimp’’ in the codified
text, which was inadvertently not
revised in a previous final rule. The
final rule for Amendment 5 to the FMP
for the Shrimp Fishery of the Gulf of
Mexico (56 FR 22827, May 17, 1991)
removed ‘‘seabobs’’ from the fishery
management unit (FMU), however, the
definition for ‘‘shrimp’’ in § 622.2 was
not revised to remove ‘‘seabobs’’ at that
time. Seabobs were never included in
the FMU under the FMP for the Shrimp
Fishery of the South Atlantic Region,
and both FMP’s management units are
comprised of the same species. This rule
would revise the definition of ‘‘shrimp’’
to correct NMFS’ oversight.
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 FMP, 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 eliminate the October 1 closure date
of the recreational fishing season to
provide more flexibility in managing
recreational red snapper, set the 2012
commercial and recreational quotas for
the red snapper component of the Gulf
reef fish fishery, and set the 2013
commercial and recreational quotas for
red snapper if NMFS determines the
ABC is not exceeded in the 2012 fishing
year. These proposed actions would be
expected to increase the likelihood of
achieving OY. The Magnuson-Stevens
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Act provides the statutory basis for this
proposed rule.
This proposed rule, if implemented,
would be expected to directly affect all
commercial vessels and for-hire vessels
that harvest red snapper. In order to
harvest red snapper in excess of the bag
limit and sell red snapper, a commercial
reef fish permit and enough allocation
in a fisherman’s IFQ account is
required. An estimated 920 vessels
possess a commercial Gulf reef fish
permit. However, over the period 2007–
2010, only an average of 323 vessels per
year recorded commercial red snapper
harvests. As a result, for the purpose of
this assessment, NMFs estimates that
the number of potentially affected
commercial vessels to range from 323–
920. The average commercial vessel in
the Gulf reef fish fishery is estimated to
earn approximately $48,000 (all figures
in 2010 dollars), while the average
annual revenue for a vessel with red
snapper landings was approximately
$88,000 over the period 2007–2010.
A Federal Gulf reef fish for-hire vessel
permit is required for for-hire vessels to
harvest red snapper. On January 30,
2012, there were 1,377 valid (nonexpired) or renewable reef fish for-hire
vessel permits. An expired permit may
not be actively fished, but is renewable
for 1 year from the date of expiration.
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. Although the for-hire
permit does not distinguish between
headboats and charterboats, an
estimated 69 headboats operate in the
Gulf. The average charterboat is
estimated to earn approximately
$89,000 in annual revenue, while the
average headboat is estimated to earn
approximately $469,000.
No other small entities that would be
expected to be directly affected by this
proposed rule have been identified.
The Small Business Administration
has established size criteria for all major
industry sectors in the U.S., including
fish harvesters and recreational services.
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. The revenue
threshold for a business involved in the
for-hire fishing industry is $7.0 million
(NAICS code 713990, recreational
industries). Based on the average
revenue estimates provided above,
NMFS determined that all commercial
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21957
and for-hire vessels expected to be
directly affected by this proposed rule
are for the purpose of this analysis small
business entities.
This proposed rule, if implemented,
would not be expected to significantly
reduce profits for a substantial number
of small entities. This proposed rule
would eliminate the October 1 closure
date of the recreational fishing season,
set the commercial and recreational
quotas for 2012, and set the commercial
and recreational quotas for 2013 if the
ABC is not exceeded in the previous
fishing year. At best, this action may
result in increased operational
efficiency and associated increased
profits for for-hire entities associated
with the recreational harvest of red
snapper. The recreational red snapper
season currently opens on June 1 and
closes when the recreational sector
quota is harvested, or is projected to be
harvested, but no later than October 1.
If the recreational quota is not harvested
during this period, reopening the season
would require additional regulatory
action. Although the regulatory process
required to reopen the season could, in
theory, be completed in time to avoid a
delay in reopening, i.e., the season
could reopen on October 1, because of
the administrative process, it is more
likely that the season would end on
October 1 and reopen later in the year.
If this occurs, for-hire services
associated with the recreational harvest
of red snapper could not be
continuously offered. Interruption of
business could result in increased costs
and operational inefficiencies,
producing a net reduction in profits to
for-hire entities despite a potentially
unchanged number of total fishing trips
and associated revenue. Eliminating the
fixed October 1 closure date would be
expected to increase the likelihood of an
uninterrupted season, eliminating these
operational inefficiencies, and
potentially increasing profits. As a
result, at best, this action may increase
the likelihood of improved operational
efficiency and increased profits to small
entities.
NMFS notes, however, that this
action, if implemented, would not likely
have any direct economic effect on any
small entities in the near-term or
foreseeable future. Currently, the
recreational red snapper season can
remain open, if quota is available,
through September 30 and this
proposed rule would change this date to
December 31. The recreational red
snapper season in recent years,
however, with the exception of 2010
when harvest was reduced as a result of
the Deepwater Horizon MC252 oil spill,
has not extended beyond July or August.
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The 2011 season lasted 48 days, but the
recreational quota was exceeded, and
thus, the 2012 season is expected to be
shorter. As a result, absent a reduction
in the bag limit or other extreme
circumstances that changes the effort,
harvest rate, or availability of fish, the
likelihood of the season extending to
October 1 is not precisely known, but
considered unlikely. Therefore, this
action is not likely to have any direct
economic effect on any small entities in
the foreseeable future.
This proposed rule would also
increase the combined commercial and
recreational red snapper quotas in 2012
by 895,000 lb (405,965 kg) and by an
additional 610,000 lb (276,691 kg) in
2013 (or a total increase of 1.505 million
lb (0.683 million kg) over the 2011
combined commercial and recreational
quotas), if the 2012 combined quota is
not exceeded. These increases would be
expected to result in an increase in
revenue and profits to the affected
commercial and for-hire fishing
businesses.
In summary, this proposed rule, if
implemented, would be expected to
increase profits to all directly affected
small entities.
Because this proposed rule, if
implemented, would not be expected to
have any direct adverse economic
impact on any small entities, an initial
regulatory flexibility analysis is not
required and none has been prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: April 6, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
(3) Pink shrimp, Farfantepenaeus
duorarum.
(4) Royal red shrimp, Hymenopenaeus
robustus.
(5) Rock shrimp, Sicyonia brevirostris.
*
*
*
*
*
3. In § 622.34, paragraph (m) is
revised to read as follows:
§ 622.34 Gulf EEZ seasonal and/or area
closures.
*
*
*
*
*
(m) Seasonal closure of the
recreational sector for red snapper. The
recreational sector for red snapper in or
from the Gulf EEZ is closed from
January 1 through May 31, each year.
During the closure, the bag and
possession limit for red snapper in or
from the Gulf EEZ is zero.
*
*
*
*
*
4. In § 622.42, paragraphs (a)(1)(i) and
(a)(2)(i) are revised to read as follows:
§ 622.42
Quotas.
*
*
*
*
*
(a) * * *
(1) * * *
(i) Red snapper. (A) For fishing year
2012—4.121 million lb (1.869 million
kg), round weight.
(B) For fishing year 2013—4.432
million lb (2.010 million kg), round
weight.
*
*
*
*
*
(2) * * *
(i) Recreational quota for red snapper.
(A) For fishing year 2012, the
recreational quota for red snapper is
3.959 million lb (1.796 million kg),
round weight.
(B) For fishing year 2013, the
recreational quota for red snapper is
4.258 million lb (1.931 million kg),
round weight.
*
*
*
*
*
[FR Doc. 2012–8756 Filed 4–11–12; 8:45 am]
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be amended as follows:
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
National Oceanic and Atmospheric
Administration
1. The authority citation for part 622
continues to read as follows:
50 CFR Part 660
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Authority: 16 U.S.C. 1801 et seq.
2. In § 622.2, the definition for
‘‘shrimp’’ is revised to read as follows:
§ 622.2
Definitions and acronyms.
*
*
*
*
*
Shrimp means one or more of the
following species, or a part thereof:
(1) Brown shrimp, Farfantepenaeus
aztecus.
(2) White shrimp, Litopenaeus
setiferus.
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[Docket No. 120403254–2255–01]
RIN 0648–XB045
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Annual Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule.
AGENCY:
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NMFS proposes to implement
the annual catch limit (ACL), harvest
guideline (HG), annual catch target
(ACT) and associated annual reference
points for Pacific mackerel in the U.S.
exclusive economic zone (EEZ) off the
Pacific coast for the fishing season of
July 1, 2011, through June 30, 2012.
This rule is proposed according to the
Coastal Pelagic Species (CPS) Fishery
Management Plan (FMP). The proposed
2011/2012 ACL or maximum HG for
Pacific mackerel is 40,514 metric tons
(mt). The proposed ACT, which will be
the directed fishing harvest target, is
30,386 mt. If the fishery attains the ACT,
the directed fishery will close, reserving
the difference between the ACL and
ACT (10,128 mt) as a set aside for
incidental landings in other CPS
fisheries and other sources of mortality.
This rule is intended to conserve and
manage the Pacific mackerel stock off
the U.S. West Coast.
DATES: Comments must be received by
April 30, 2012.
ADDRESSES: You may submit comments
on this document identified by NOAA–
NMFS–2012–0072 by any of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘submit a comment’’ icon,
then enter NOAA–NMFS–2012–0072 in
the keyword search. Locate the
document you wish to comment on
from the resulting list and click on the
‘‘Submit a Comment’’ icon on the right
of that line.
• Mail: Submit written comments to
Rodney R. McInnis, Regional
Administrator, Southwest Region,
NMFS, 501 West Ocean Blvd., Suite
4200, Long Beach, CA 90802.
• Fax: (562) 980–4047
Instructions: Comments must be
submitted by one of the above methods
to ensure that the comments are
received, documented, and considered
by NMFS. Comments sent by any other
method, to any other address or
individual, or received after the end of
the comment period, may not be
considered. All comments received are
a part of the public record and will
generally be posted for public viewing
on www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) submitted
voluntarily by the sender will be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
SUMMARY:
E:\FR\FM\12APP1.SGM
12APP1
]]>Agencies
[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Proposed Rules]
[Pages 21955-21958]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8756]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120213124-2225-01]
RIN 0648-BB91
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
[[Page 21956]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to implement management measures described in 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). If implemented, this rule would
increase the commercial and recreational quotas for red snapper in the
Gulf of Mexico (Gulf) reef fish fishery for the 2012 fishing year, and
for the 2013 fishing year if NMFS determines the acceptable biological
catch (ABC) is not exceeded in the 2012 fishing year. This rule would
also eliminate the October 1 closure date of the recreational fishing
season. This proposed rule is intended to provide more flexibility in
managing recreational red snapper and to help achieve optimum yield
(OY) for the Gulf red snapper resource without increasing the risk of
red snapper experiencing overfishing.
DATES: Written comments must be received on or before April 27, 2012.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2012-0024'' 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: Cynthia Meyer, 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 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).
To submit comments through the Federal e-Rulemaking Portal: https://www.regulations.gov, enter ``NOAA-NMFS-2011-0024'' in the search field
and click on ``search''. After you locate the proposed rule, click the
``Submit a Comment'' link in that row. This will display the comment
web form. You can enter your submitter information (unless you prefer
to remain anonymous), and type your comment on the web form. You can
also attach additional files (up to 10MB) in Microsoft Word, Excel,
WordPerfect, or Adobe PDF file formats only.
Comments received through means not specified in this rule will not
be considered.
For further assistance with submitting a comment, see the
``Commenting'' section at https://www.regulations.gov/#!faqs or the Help
section at https://www.regulations.gov.
Electronic copies of the regulatory amendment, which includes an
environmental assessment and a regulatory impact review, may be
obtained from the Southeast Regional Office Web Site at https://sero.nmfs.noaa.gov/sf/GrouperSnapperandReefFish.htm.
FOR FURTHER INFORMATION CONTACT: Cynthia Meyer, Southeast Regional
Office, NMFS, telephone 727-824-5305; email: Cynthia.Meyer@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef
fish fishery under the FMP. The Council prepared the FMP and NMFS
implements the FMP through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act).
Background
The Southeast Data, Assessment, and Review (SEDAR) update
assessment for Gulf red snapper, conducted in August 2009 (SEDAR 9),
determined that overfishing had ended for the red snapper stock, and
that the ABC may be increased. The stock, however, is still overfished
and under a rebuilding plan through 2032. The next SEDAR benchmark
stock assessment currently scheduled for Gulf red snapper is in 2012.
The Council's Scientific and Statistical Committee (SSC) met
January 10-13, 2012, and recommended new ABCs for the 2012 and 2013
fishing years. For 2012, the SSC recommended an ABC of 8.080 million lb
(3.665 million kg) and for 2013, the SSC recommended an ABC of 8.690
million lb (3.942 million kg). The Council met January 30-February 2,
2012, and voted to implement these new ABCs through the 2012 Gulf red
snapper regulatory amendment.
Management Measures Contained in this Proposed Rule
This rule would set the 2012 and 2013 commercial and recreational
quotas for red snapper based on the ABCs recommended by the SSC and on
the current commercial and recreational allocations (51-percent
commercial and 49-percent recreational). Therefore, the 2012 commercial
quota would be set at 4.121 million lb (1.869 million kg), round
weight, and the 2012 recreational quota would be set at 3.959 million
lb (1.796 million kg), round weight. The 2013 quotas would be set at
4.432 million lb (2.010 million kg), round weight, for the commercial
sector, and 4.258 million lb (1.931 million kg), round weight, for the
recreational sector, if NMFS determines that the ABC is not exceeded in
the 2012 fishing year. If NMFS determines the 2012 ABC is exceeded,
NMFS will maintain the 2012 commercial and recreational quotas in the
2013 fishing year. If this is the case, the Assistant Administrator
will file a notification with the Office of the Federal Register to
announce that commercial and recreational quotas will remain at 2012
levels in the 2013 fishing year.
This rule would change the end of the recreational fishing season
from October 1 to December 31. Under 50 CFR 622.34 (m), the red snapper
recreational fishing season opens each year on June 1 and closes when
the recreational quota is projected to be reached, but no later than
October 1. Prior to June 1 each year, NOAA projects the closing date
based on the previous year's data, and notifies the public of the
closing date for the upcoming season. If subsequent data indicate the
quota has not been reached by that closing date, NMFS may reopen the
season, but only until the October 1 end date.
In 2010, following the closure of large areas of the Gulf in
response to the Deepwater Horizon MC252 oil spill, NMFS determined the
recreational quota was not caught during the open period. However, the
October 1 end of the fishing season prevented NMFS from reopening the
season to allow the remainder of the recreational quota to be caught.
Instead, the Secretary had to take emergency action to reopen the
season. Changing the end date of the fishing season to December 31 will
allow NMFS to reopen the season through December 31, the end of the
fishing year, thus maximizing this sector's opportunity to harvest its
full quota and giving the Council and NMFS greater flexibility to
manage the red snapper recreational fishing season.
In addition to proposing the change to the end of the fishing
season, NMFS is currently reviewing preliminary landings information
used in projecting recreational red snapper harvest for the 2012
fishing year. After finalized 2011 recreational landings data are
available and before the season opens on June 1, 2012, NMFS will
announce when the
[[Page 21957]]
2012 quota is projected to be harvested. NMFS may announce when the
2012 quota is projected to be harvested in the final rule associated
with this action.
The red snapper management measures contained in this proposed rule
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.
Other Changes to Codified Text
This rule also proposes to revise the definition for ``shrimp'' in
the codified text, which was inadvertently not revised in a previous
final rule. The final rule for Amendment 5 to the FMP for the Shrimp
Fishery of the Gulf of Mexico (56 FR 22827, May 17, 1991) removed
``seabobs'' from the fishery management unit (FMU), however, the
definition for ``shrimp'' in Sec. 622.2 was not revised to remove
``seabobs'' at that time. Seabobs were never included in the FMU under
the FMP for the Shrimp Fishery of the South Atlantic Region, and both
FMP's management units are comprised of the same species. This rule
would revise the definition of ``shrimp'' to correct NMFS' oversight.
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 FMP, 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 eliminate the October 1
closure date of the recreational fishing season to provide more
flexibility in managing recreational red snapper, set the 2012
commercial and recreational quotas for the red snapper component of the
Gulf reef fish fishery, and set the 2013 commercial and recreational
quotas for red snapper if NMFS determines the ABC is not exceeded in
the 2012 fishing year. These proposed actions would be expected to
increase the likelihood of achieving OY. The Magnuson-Stevens Act
provides the statutory basis for this proposed rule.
This proposed rule, if implemented, would be expected to directly
affect all commercial vessels and for-hire vessels that harvest red
snapper. In order to harvest red snapper in excess of the bag limit and
sell red snapper, a commercial reef fish permit and enough allocation
in a fisherman's IFQ account is required. An estimated 920 vessels
possess a commercial Gulf reef fish permit. However, over the period
2007-2010, only an average of 323 vessels per year recorded commercial
red snapper harvests. As a result, for the purpose of this assessment,
NMFs estimates that the number of potentially affected commercial
vessels to range from 323-920. The average commercial vessel in the
Gulf reef fish fishery is estimated to earn approximately $48,000 (all
figures in 2010 dollars), while the average annual revenue for a vessel
with red snapper landings was approximately $88,000 over the period
2007-2010.
A Federal Gulf reef fish for-hire vessel permit is required for
for-hire vessels to harvest red snapper. On January 30, 2012, there
were 1,377 valid (non-expired) or renewable reef fish for-hire vessel
permits. An expired permit may not be actively fished, but is renewable
for 1 year from the date of expiration. 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. Although the
for-hire permit does not distinguish between headboats and
charterboats, an estimated 69 headboats operate in the Gulf. The
average charterboat is estimated to earn approximately $89,000 in
annual revenue, while the average headboat is estimated to earn
approximately $469,000.
No other small entities that would be expected to be directly
affected by this proposed rule have been identified.
The Small Business Administration has established size criteria for
all major industry sectors in the U.S., including fish harvesters and
recreational services. 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. The revenue threshold for a business involved in
the for-hire fishing industry is $7.0 million (NAICS code 713990,
recreational industries). Based on the average revenue estimates
provided above, NMFS determined that all commercial and for-hire
vessels expected to be directly affected by this proposed rule are for
the purpose of this analysis small business entities.
This proposed rule, if implemented, would not be expected to
significantly reduce profits for a substantial number of small
entities. This proposed rule would eliminate the October 1 closure date
of the recreational fishing season, set the commercial and recreational
quotas for 2012, and set the commercial and recreational quotas for
2013 if the ABC is not exceeded in the previous fishing year. At best,
this action may result in increased operational efficiency and
associated increased profits for for-hire entities associated with the
recreational harvest of red snapper. The recreational red snapper
season currently opens on June 1 and closes when the recreational
sector quota is harvested, or is projected to be harvested, but no
later than October 1. If the recreational quota is not harvested during
this period, reopening the season would require additional regulatory
action. Although the regulatory process required to reopen the season
could, in theory, be completed in time to avoid a delay in reopening,
i.e., the season could reopen on October 1, because of the
administrative process, it is more likely that the season would end on
October 1 and reopen later in the year. If this occurs, for-hire
services associated with the recreational harvest of red snapper could
not be continuously offered. Interruption of business could result in
increased costs and operational inefficiencies, producing a net
reduction in profits to for-hire entities despite a potentially
unchanged number of total fishing trips and associated revenue.
Eliminating the fixed October 1 closure date would be expected to
increase the likelihood of an uninterrupted season, eliminating these
operational inefficiencies, and potentially increasing profits. As a
result, at best, this action may increase the likelihood of improved
operational efficiency and increased profits to small entities.
NMFS notes, however, that this action, if implemented, would not
likely have any direct economic effect on any small entities in the
near-term or foreseeable future. Currently, the recreational red
snapper season can remain open, if quota is available, through
September 30 and this proposed rule would change this date to December
31. The recreational red snapper season in recent years, however, with
the exception of 2010 when harvest was reduced as a result of the
Deepwater Horizon MC252 oil spill, has not extended beyond July or
August.
[[Page 21958]]
The 2011 season lasted 48 days, but the recreational quota was
exceeded, and thus, the 2012 season is expected to be shorter. As a
result, absent a reduction in the bag limit or other extreme
circumstances that changes the effort, harvest rate, or availability of
fish, the likelihood of the season extending to October 1 is not
precisely known, but considered unlikely. Therefore, this action is not
likely to have any direct economic effect on any small entities in the
foreseeable future.
This proposed rule would also increase the combined commercial and
recreational red snapper quotas in 2012 by 895,000 lb (405,965 kg) and
by an additional 610,000 lb (276,691 kg) in 2013 (or a total increase
of 1.505 million lb (0.683 million kg) over the 2011 combined
commercial and recreational quotas), if the 2012 combined quota is not
exceeded. These increases would be expected to result in an increase in
revenue and profits to the affected commercial and for-hire fishing
businesses.
In summary, this proposed rule, if implemented, would be expected
to increase profits to all directly affected small entities.
Because this proposed rule, if implemented, would not be expected
to have any direct adverse economic impact on any small entities, an
initial regulatory flexibility analysis is not required and none has
been prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: April 6, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, 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. 622.2, the definition for ``shrimp'' is revised to read
as follows:
Sec. 622.2 Definitions and acronyms.
* * * * *
Shrimp means one or more of the following species, or a part
thereof:
(1) Brown shrimp, Farfantepenaeus aztecus.
(2) White shrimp, Litopenaeus setiferus.
(3) Pink shrimp, Farfantepenaeus duorarum.
(4) Royal red shrimp, Hymenopenaeus robustus.
(5) Rock shrimp, Sicyonia brevirostris.
* * * * *
3. In Sec. 622.34, paragraph (m) is revised to read as follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(m) Seasonal closure of the recreational sector for red snapper.
The recreational sector for red snapper in or from the Gulf EEZ is
closed from January 1 through May 31, each year. During the closure,
the bag and possession limit for red snapper in or from the Gulf EEZ is
zero.
* * * * *
4. 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. (A) For fishing year 2012--4.121 million lb (1.869
million kg), round weight.
(B) For fishing year 2013--4.432 million lb (2.010 million kg),
round weight.
* * * * *
(2) * * *
(i) Recreational quota for red snapper. (A) For fishing year 2012,
the recreational quota for red snapper is 3.959 million lb (1.796
million kg), round weight.
(B) For fishing year 2013, the recreational quota for red snapper
is 4.258 million lb (1.931 million kg), round weight.
* * * * *
[FR Doc. 2012-8756 Filed 4-11-12; 8:45 am]
BILLING CODE 3510-22-P
