Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures, 31734-31737 [2012-13110]
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Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Rules and Regulations
government will be impacted by this
rulemaking. As such, EPA has
determined that this regulatory action
will not impose any enforceable duty,
contain any unfunded mandate, or
otherwise have any effect on these
governments or small governments such
that it is subject to the requirements of
sections 202, 203, 204, or 205 of the
Unfunded Mandates Reform Act
(UMRA), 2 U.S.C. 1531–1538.
E. Federalism
This action will not have federalism
implications as specified in Executive
Order 13132, entitled ‘‘Federalism’’ (64
FR 43255, August 10, 1999) because it
is not expected to have a substantial
direct effect on States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Indian Tribal Governments
This action will not have tribal
implications as specified in Executive
Order 13175, entitled ‘‘Consultation and
Coordination with Indian Tribal
Governments’’ (65 FR 67249, November
9, 2000). This action is not expected to
have substantial direct effects on Indian
Tribes, will not significantly or uniquely
affect the communities of Indian Tribal
governments, and will not involve or
impose any requirements that affect
Indian Tribes.
This action is not subject to Executive
Order 13045, entitled ‘‘Protection of
Children From Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because this is not an
economically significant regulatory
action as defined by Executive Order
12866, and this action does not address
environmental health or safety risks
disproportionately affecting children.
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H. Effect on Energy Supply, Distribution,
or Use
This action is not a ‘‘significant
energy action’’ as defined in Executive
Order 13211, entitled ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001), because this action is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy.
I. Technical Standards
Because this action will not involve
any technical standards, section 12(d) of
the National Technology Transfer and
12:23 May 29, 2012
J. Environmental Justice
This action will not entail special
considerations of environmental justice
related issues as delineated by
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
XI. Congressional Review Act
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Psychrometer means an instrument
used in various applications to measure
humidity of gases.
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(b) * * *
(2) * * *
(viii) Manufacturing or processing of
elemental mercury for use in
barometers, manometers, hygrometers,
and psychrometers except for: Natural
gas manometers covered by paragraph
(b)(2)(vii) of this section; barometers,
manometers, hygrometers, and
psychrometers that were in service prior
to May 6, 2011; and portable battery
powered and motor-aspirated
psychrometers that contain fewer than
seven grams of elemental mercury.
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Pursuant to the Congressional Review
Act, 5 U.S.C. 801 et seq., EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
[FR Doc. 2012–13071 Filed 5–29–12; 8:45 am]
List of Subjects in 40 CFR Part 721
National Oceanic and Atmospheric
Administration
Environmental protection,
Barometers, Chemicals, Elemental
mercury, Hazardous substances,
Hygrometers, Manometers,
Psychrometers, Reporting and
recordkeeping requirements.
Dated: May 3, 2012.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and
Toxics.
Therefore, 40 CFR chapter I is
amended as follows:
G. Protection of Children
VerDate Mar<15>2010
Advancement Act (NTTAA), 15 U.S.C.
272 note, does not apply to this action.
PART 721—[AMENDED]
1. The authority citation for part 721
continues to read as follows:
■
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
2. In § 721.10068:
a. Add the following definitions in
alphabetical order to paragraph (a).
■ b. Add paragraph (b)(2)(viii).
The additions read as follows:
■
■
§ 721.10068
Elemental mercury.
(a) * * *
Barometer means an instrument used
in various applications to measure
atmospheric pressure.
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Hygrometer means an instrument
used in various applications to measure
humidity of gases.
Manometer means an instrument used
in various applications to measure
pressure of gases or liquids.
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BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
50 CFR Part 622
[Docket No. 120213124–1066–02]
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
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues this final rule 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). This rule increases 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; eliminates the
October 1 closure date of the
recreational fishing season; and
announces the quota closure date of the
2012 recreational fishing season. This
final 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:
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Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Rules and Regulations
DATES:
This rule is effective June 29,
2012.
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/GrouperSnapperand
ReefFish.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).
On April 12, 2012, NMFS published
a proposed rule for the regulatory
amendment and requested public
comment (77 FR 21955). The proposed
rule and the regulatory amendment
outline the rationale for the actions
contained in this final rule. A summary
of the actions implemented by this final
rule is provided below.
Through this final rule, NMFS sets the
2012 commercial quota at 4.121 million
lb (1.869 million kg), round weight; the
2012 recreational quota at 3.959 million
lb (1.796 million kg), round weight; the
2013 commercial quota at 4.432 million
lb (2.010 million kg), round weight; and
the 2013 recreational quota at 4.258
million lb (1.931 million kg), round
weight. The 2013 quota increases are
contingent on the ABC not being
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 final rule also changes the end of
the recreational fishing season from
October 1 to December 31. If a quota
closure is implemented mid-season and
subsequent data indicate the quota was
not reached by the quota closure date,
NMFS may reopen the season for a
limited amount of time before the
December 31 end date.
Gulf recreational red snapper landings
for 2011 totaled 4.59 million lb (2.08
million kg), round weight, resulting in
a 730,000 lb (331,122 kg), round weight,
overage. The average weight of red
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ADDRESSES:
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snapper increased from 5.31 to 6.39 lb
(2.41 to 2.90 kg), round weight, from
2011 to 2012. In 2011, all Gulf states,
except Texas, implemented compatible
fishing seasons for red snapper. Taking
into account all of these factors, the
NMFS Southeast Regional Office
conducted an analysis to predict when
the recreational red snapper sector
would reach the adjusted 2012 quota.
This analysis may be found online at the
following Web site: https://sero.
nmfs.noaa.gov/sf/pdfs/SERO-LAPP2012-01%20Gulf%20Red%20Snapper
%20Quota%20Closure%2012
April2012%20FINAL.pdf. The analysis
uses three different modeling
approaches to predict the 2012 closure
date. Across all three modeling
approaches, the predicted season length
ranges from 32 to 41 days. In order to
maximize socio-economic benefits to
recreational red snapper fishermen,
NMFS has determined that the 2012
recreational red snapper quota will be
reached in 40 days.
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. Using finalized 2011
recreational landings data, the increased
size of red snapper being landed, and
state compatibility with red snapper
seasons, NMFS projects the 2012
recreational quota will be met on July
10, 2012. Therefore, the recreational
fishing season will open on June 1,
2012, and close at 12:01 a.m., July 11,
2012, for a 40-day season. If subsequent
data indicate the quota has not been
reached by July 10, 2012, NMFS may
reopen the season, before the December
31 end date, by announcing a reopening
in the Federal Register.
This final rule also revises the
definition for ‘‘shrimp’’ in the codified
text, a change unrelated to the actions
in the regulatory amendment.
Comments and Responses
The following is a summary of the
comments NMFS received on the
proposed rule and NMFS’ respective
responses. During the comment period,
NMFS received 56 comments, including
52 from private citizens, 3 from
recreational fishing organizations, and 1
from an environmental group.
Comments pertinent to the rule
unanimously supported increasing the
red snapper quota and removing the
fixed closed season to allow for a
potential fall season. These comments
are not individually addressed in
NMFS’ responses; NMFS agrees the
quota increases and removal of the fixed
fall closed season are appropriate
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31735
actions taken in accordance with the red
snapper rebuilding plan.
Many of these same commenters
provided additional observations and
suggestions that are addressed here. In
general, commenters questioned the
science on which red snapper
management is based; suggested
harvesting restrictions be relaxed; and
alternative management strategies be
developed for recreational red snapper
fishing in the Gulf.
Comment 1: Several commenters
offered suggestions for alternative
actions to manage recreational red
snapper harvest. They suggested that
bag limits should be increased; the size
limit should be decreased because of
possible increases in discards from
increased stock abundance; recreational
fishermen should keep the first fish; the
recreational and commercial quotas
should be increased because the stock
size is bigger than assessed; and the
season length should be extended for
the same reason. A possible option to
extend the length of the red snapper
recreational season would be to open on
weekends only or have a separate fall
weekend season.
Response: The Council has
considered all of the suggested options
while developing actions to manage
Gulf recreational red snapper harvest
under the current rebuilding plan.
However, for the reasons provided
below, the Council has not chosen these
alternative options to manage harvest of
recreational red snapper.
Increasing the bag limit or reducing
the size limit would allow the quota to
be harvested in a shorter time period.
The Council received substantial public
testimony requesting that the
recreational fishing season remain open
as long as possible. Therefore, the
Council chose to keep the bag limit at
2 fish and the size limit at 16 inches
(40.6 cm), total length, to allow for a
longer season. The Council reduced the
size limit for the commercial sector
because that component of the reef fish
fishery tends to fish in deeper water and
has a higher discard mortality rate.
NMFS presented analyses to the Council
indicating similar reductions in discard
mortality are not achieved by reducing
the size limit for the recreational sector,
which fishes in shallower depths. The
Council addressed reducing discard
mortality in other actions such as the
requirement for dehookers, circle hooks,
and venting tools. The Council
determined a requirement to keep the
first fish presents significant
enforcement difficulties.
As of January 10, 2012, the
preliminary estimate of the 2011
recreational harvest is 4.59 million lb
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Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Rules and Regulations
(2.08 million kg). However, the 48-day
2011 harvest exceeded the 3.959 million
lb (1.796 million kg) 2012 quota
established by this rule; therefore, the
length of the 2012 season must be
reduced to better ensure the recreational
quota is not exceeded. The preamble to
this rule includes a link to the analysis
of how the season length was projected.
The Council recently developed an
options paper to consider alternative
seasons for the recreational red snapper
season and the possibility of a fall
weekend season. However, due to the
lack of public support and comment at
its January 2012 meeting the Council
voted to table this regulatory
amendment and discuss these actions in
the future.
Comment 2: The assessment methods
for the red snapper stock would be
improved by better data collection,
accounting for the reductions in shrimp
effort and the higher fecundity of larger
fish, and using various advanced survey
technologies. Thus, the science upon
which the recreational season length
estimate is based is unreliable and
should not be used to set season length
or estimate recreational harvest relative
to the quota.
Response: NMFS has determined that
the scientific information underlying
the management measures in the rule is
sufficient and reliable. The methods and
data used to project the recreational
season length are thoroughly reviewed
by the Southeast Fisheries Science
Center (SEFSC) to ensure best scientific
practices are followed, and that the
measures are based upon the best
scientific information available. NMFS
uses historical landings and changes in
regulations to project the length of the
season. Landings information was
obtained from the Marine Recreational
Information Program, including the forhire charter survey; SEFSC headboat
survey; and Texas Parks and Wildlife
Department charter and private/rental
creel survey.
In addition, the stock assessment used
to estimate the 2012 red snapper season
length is based on the Southeast Data,
Assessment, and Review (SEDAR)
process. The SEDAR process was
initiated in 2002 to improve the quality
and reliability of fishery stock
assessments in the South Atlantic, Gulf
of Mexico, and U.S. Caribbean. The
SEDAR process seeks improvements in
the scientific quality of stock
assessments, including attempts to place
greater relevance on historical and
current information to address existing
and emerging fishery management
issues. This process emphasizes
constituent and stakeholder
participation in assessment
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Jkt 226001
development, transparency in the
assessment process, and a rigorous and
independent scientific review of
completed stock assessments. The
SEDAR process is organized around
three workshops. The data workshop
documents, analyzes, and reviews data
sets to be used for assessment analyses.
The assessment workshop develops and
refines quantitative population analyses
and estimates population parameters.
The final workshop is conducted by a
panel of independent experts who
review the data and the assessment and
recommends the most appropriate
values for critical population parameters
and management considerations. Recent
assessments of the red snapper stock
were conducted within this process. All
workshops and Council-initiated
meetings to review the assessment were
open to the public and included
constituents on the various SEDAR
panels that reviewed the data and
provided recommendations on
management measures.
NMFS agrees there are opportunities
to improve the stock assessment
process, and is making efforts to make
such improvements in both data
collection and data analysis options.
Comment 3: Although the recreational
quota is being increased, a reduced
season will cause economic harm to
fishing communities dependent on
recreational fishing and associated
tourism.
Response: NMFS recognizes the 2012
season will be shorter than the 2011
season. In 2011, the recreational sector
exceeded the red snapper quota by
approximately 730,000 lb (331,122 kg).
Section 407(d) of the Magnuson-Stevens
Act mandates NMFS to close the
recreational red snapper component of
the Gulf reef fish fishery when the red
snapper quota is met or projected to be
met. Although the 2012 season will be
shorter than the 2011 season and fishing
businesses may not be as profitable, the
2012 season will be longer than the
season that would have occurred in the
absence of the quota increase, and
economic benefits to fishing
communities will increase relative to
conditions that would occur in 2012 in
the absence of the quota increase.
Comment 4: Several commenters
addressed issues the Council is
considering for future action. They
suggested the development of a different
system for managing red snapper, such
as spatial management, state
management, and a better system to
determine quota management. The
allocation between commercial and
recreational sectors should be changed
to favor the recreational sector. There
should be consideration of a
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recreational red snapper overage
adjustment amendment. The ACLs and
AMs for 2013 should be re-assessed and
included in a separate amendment to
the FMP.
Response: These comments are
beyond the scope of the rule; however,
the Council is developing such actions
for future consideration.
Classification
The Regional Administrator,
Southeast Region, NMFS determined
that this final rule and the regulatory
amendment are necessary for the
conservation and management of the
Gulf reef fish fishery and are consistent
with the Magnuson-Stevens Act and
other applicable law.
This final 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 during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
determination was published in the
proposed rule and is not repeated here.
No comments were received regarding
the certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: May 24, 2012.
Samuel D. Rauch III,
Acting Assistant Administrator for Fisheries,
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:
■
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.
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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.
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(4) Royal red shrimp, Hymenopenaeus possession limit for red snapper in or
from the Gulf EEZ is zero.
robustus.
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(5) Rock shrimp, Sicyonia brevirostris. *
■ 4. In § 622.42, paragraphs (a)(1)(i) and
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(a)(2)(i) are revised to read as follows:
■ 3. In § 622.34, paragraph (m) is
§ 622.42 Quotas.
revised to read as follows:
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§ 622.34 Gulf EEZ seasonal and/or area
(a) * * *
closures.
(1) * * *
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(i) Red snapper. (A) For fishing year
2012—4.121 million lb (1.869 million
(m) Seasonal closure of the
kg), round weight.
recreational sector for red snapper. The
(B) For fishing year 2013—4.432
recreational sector for red snapper in or
million lb (2.010 million kg), round
from the Gulf EEZ is closed from
weight.
January 1 through May 31, each year.
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During the closure, the bag and
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31737
(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.
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[FR Doc. 2012–13110 Filed 5–29–12; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Rules and Regulations]
[Pages 31734-31737]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13110]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120213124-1066-02]
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
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule 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). This rule
increases 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; eliminates the
October 1 closure date of the recreational fishing season; and
announces the quota closure date of the 2012 recreational fishing
season. This final 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.
[[Page 31735]]
DATES: This rule is effective June 29, 2012.
ADDRESSES: 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).
On April 12, 2012, NMFS published a proposed rule for the
regulatory amendment and requested public comment (77 FR 21955). The
proposed rule and the regulatory amendment outline the rationale for
the actions contained in this final rule. A summary of the actions
implemented by this final rule is provided below.
Through this final rule, NMFS sets the 2012 commercial quota at
4.121 million lb (1.869 million kg), round weight; the 2012
recreational quota at 3.959 million lb (1.796 million kg), round
weight; the 2013 commercial quota at 4.432 million lb (2.010 million
kg), round weight; and the 2013 recreational quota at 4.258 million lb
(1.931 million kg), round weight. The 2013 quota increases are
contingent on the ABC not being 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 final rule also changes the end of the recreational fishing
season from October 1 to December 31. If a quota closure is implemented
mid-season and subsequent data indicate the quota was not reached by
the quota closure date, NMFS may reopen the season for a limited amount
of time before the December 31 end date.
Gulf recreational red snapper landings for 2011 totaled 4.59
million lb (2.08 million kg), round weight, resulting in a 730,000 lb
(331,122 kg), round weight, overage. The average weight of red snapper
increased from 5.31 to 6.39 lb (2.41 to 2.90 kg), round weight, from
2011 to 2012. In 2011, all Gulf states, except Texas, implemented
compatible fishing seasons for red snapper. Taking into account all of
these factors, the NMFS Southeast Regional Office conducted an analysis
to predict when the recreational red snapper sector would reach the
adjusted 2012 quota. This analysis may be found online at the following
Web site: https://sero.nmfs.noaa.gov/sf/pdfs/SERO-LAPP-2012-01%20Gulf%20Red%20Snapper%20Quota%20Closure%2012April2012%20FINAL.pdf.
The analysis uses three different modeling approaches to predict the
2012 closure date. Across all three modeling approaches, the predicted
season length ranges from 32 to 41 days. In order to maximize socio-
economic benefits to recreational red snapper fishermen, NMFS has
determined that the 2012 recreational red snapper quota will be reached
in 40 days.
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. Using finalized 2011 recreational landings
data, the increased size of red snapper being landed, and state
compatibility with red snapper seasons, NMFS projects the 2012
recreational quota will be met on July 10, 2012. Therefore, the
recreational fishing season will open on June 1, 2012, and close at
12:01 a.m., July 11, 2012, for a 40-day season. If subsequent data
indicate the quota has not been reached by July 10, 2012, NMFS may
reopen the season, before the December 31 end date, by announcing a
reopening in the Federal Register.
This final rule also revises the definition for ``shrimp'' in the
codified text, a change unrelated to the actions in the regulatory
amendment.
Comments and Responses
The following is a summary of the comments NMFS received on the
proposed rule and NMFS' respective responses. During the comment
period, NMFS received 56 comments, including 52 from private citizens,
3 from recreational fishing organizations, and 1 from an environmental
group. Comments pertinent to the rule unanimously supported increasing
the red snapper quota and removing the fixed closed season to allow for
a potential fall season. These comments are not individually addressed
in NMFS' responses; NMFS agrees the quota increases and removal of the
fixed fall closed season are appropriate actions taken in accordance
with the red snapper rebuilding plan.
Many of these same commenters provided additional observations and
suggestions that are addressed here. In general, commenters questioned
the science on which red snapper management is based; suggested
harvesting restrictions be relaxed; and alternative management
strategies be developed for recreational red snapper fishing in the
Gulf.
Comment 1: Several commenters offered suggestions for alternative
actions to manage recreational red snapper harvest. They suggested that
bag limits should be increased; the size limit should be decreased
because of possible increases in discards from increased stock
abundance; recreational fishermen should keep the first fish; the
recreational and commercial quotas should be increased because the
stock size is bigger than assessed; and the season length should be
extended for the same reason. A possible option to extend the length of
the red snapper recreational season would be to open on weekends only
or have a separate fall weekend season.
Response: The Council has considered all of the suggested options
while developing actions to manage Gulf recreational red snapper
harvest under the current rebuilding plan. However, for the reasons
provided below, the Council has not chosen these alternative options to
manage harvest of recreational red snapper.
Increasing the bag limit or reducing the size limit would allow the
quota to be harvested in a shorter time period. The Council received
substantial public testimony requesting that the recreational fishing
season remain open as long as possible. Therefore, the Council chose to
keep the bag limit at 2 fish and the size limit at 16 inches (40.6 cm),
total length, to allow for a longer season. The Council reduced the
size limit for the commercial sector because that component of the reef
fish fishery tends to fish in deeper water and has a higher discard
mortality rate. NMFS presented analyses to the Council indicating
similar reductions in discard mortality are not achieved by reducing
the size limit for the recreational sector, which fishes in shallower
depths. The Council addressed reducing discard mortality in other
actions such as the requirement for dehookers, circle hooks, and
venting tools. The Council determined a requirement to keep the first
fish presents significant enforcement difficulties.
As of January 10, 2012, the preliminary estimate of the 2011
recreational harvest is 4.59 million lb
[[Page 31736]]
(2.08 million kg). However, the 48-day 2011 harvest exceeded the 3.959
million lb (1.796 million kg) 2012 quota established by this rule;
therefore, the length of the 2012 season must be reduced to better
ensure the recreational quota is not exceeded. The preamble to this
rule includes a link to the analysis of how the season length was
projected.
The Council recently developed an options paper to consider
alternative seasons for the recreational red snapper season and the
possibility of a fall weekend season. However, due to the lack of
public support and comment at its January 2012 meeting the Council
voted to table this regulatory amendment and discuss these actions in
the future.
Comment 2: The assessment methods for the red snapper stock would
be improved by better data collection, accounting for the reductions in
shrimp effort and the higher fecundity of larger fish, and using
various advanced survey technologies. Thus, the science upon which the
recreational season length estimate is based is unreliable and should
not be used to set season length or estimate recreational harvest
relative to the quota.
Response: NMFS has determined that the scientific information
underlying the management measures in the rule is sufficient and
reliable. The methods and data used to project the recreational season
length are thoroughly reviewed by the Southeast Fisheries Science
Center (SEFSC) to ensure best scientific practices are followed, and
that the measures are based upon the best scientific information
available. NMFS uses historical landings and changes in regulations to
project the length of the season. Landings information was obtained
from the Marine Recreational Information Program, including the for-
hire charter survey; SEFSC headboat survey; and Texas Parks and
Wildlife Department charter and private/rental creel survey.
In addition, the stock assessment used to estimate the 2012 red
snapper season length is based on the Southeast Data, Assessment, and
Review (SEDAR) process. The SEDAR process was initiated in 2002 to
improve the quality and reliability of fishery stock assessments in the
South Atlantic, Gulf of Mexico, and U.S. Caribbean. The SEDAR process
seeks improvements in the scientific quality of stock assessments,
including attempts to place greater relevance on historical and current
information to address existing and emerging fishery management issues.
This process emphasizes constituent and stakeholder participation in
assessment development, transparency in the assessment process, and a
rigorous and independent scientific review of completed stock
assessments. The SEDAR process is organized around three workshops. The
data workshop documents, analyzes, and reviews data sets to be used for
assessment analyses. The assessment workshop develops and refines
quantitative population analyses and estimates population parameters.
The final workshop is conducted by a panel of independent experts who
review the data and the assessment and recommends the most appropriate
values for critical population parameters and management
considerations. Recent assessments of the red snapper stock were
conducted within this process. All workshops and Council-initiated
meetings to review the assessment were open to the public and included
constituents on the various SEDAR panels that reviewed the data and
provided recommendations on management measures.
NMFS agrees there are opportunities to improve the stock assessment
process, and is making efforts to make such improvements in both data
collection and data analysis options.
Comment 3: Although the recreational quota is being increased, a
reduced season will cause economic harm to fishing communities
dependent on recreational fishing and associated tourism.
Response: NMFS recognizes the 2012 season will be shorter than the
2011 season. In 2011, the recreational sector exceeded the red snapper
quota by approximately 730,000 lb (331,122 kg). Section 407(d) of the
Magnuson-Stevens Act mandates NMFS to close the recreational red
snapper component of the Gulf reef fish fishery when the red snapper
quota is met or projected to be met. Although the 2012 season will be
shorter than the 2011 season and fishing businesses may not be as
profitable, the 2012 season will be longer than the season that would
have occurred in the absence of the quota increase, and economic
benefits to fishing communities will increase relative to conditions
that would occur in 2012 in the absence of the quota increase.
Comment 4: Several commenters addressed issues the Council is
considering for future action. They suggested the development of a
different system for managing red snapper, such as spatial management,
state management, and a better system to determine quota management.
The allocation between commercial and recreational sectors should be
changed to favor the recreational sector. There should be consideration
of a recreational red snapper overage adjustment amendment. The ACLs
and AMs for 2013 should be re-assessed and included in a separate
amendment to the FMP.
Response: These comments are beyond the scope of the rule; however,
the Council is developing such actions for future consideration.
Classification
The Regional Administrator, Southeast Region, NMFS determined that
this final rule and the regulatory amendment are necessary for the
conservation and management of the Gulf reef fish fishery and are
consistent with the Magnuson-Stevens Act and other applicable law.
This final 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 during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for this determination was published in the
proposed rule and is not repeated here. No comments were received
regarding the certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: May 24, 2012.
Samuel D. Rauch III,
Acting Assistant Administrator for Fisheries, 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
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. 622.2, 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.
[[Page 31737]]
(4) Royal red shrimp, Hymenopenaeus robustus.
(5) Rock shrimp, Sicyonia brevirostris.
* * * * *
0
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.
* * * * *
0
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. 2012-13110 Filed 5-29-12; 8:45 am]
BILLING CODE 3510-22-P
