Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Gag Management Measures in the Gulf of Mexico, 12012-12015 [2013-03980]
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Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Proposed Rules
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either of these two proposals; therefore,
no public hearings will be held.
However, we received several requests
from the public to extend the comment
period on these proposals. Therefore,
we are reopening the comment periods
on both of these proposed rules for an
additional 60 days (see DATES).
Public Comments
We will accept written comments and
information concerning these proposed
rules during this reopened comment
period. We will consider information
and recommendations from all
interested parties. We intend that any
final action resulting from these
proposals be as accurate as possible and
based on the best available scientific
and commercial data. For more
information on the specific information
we are seeking, please see the July 6,
2012, proposed listing rules (77 FR
39965; 77 FR 40172). If you previously
submitted comments or information on
the proposed rule, please do not
resubmit them. We have incorporated
them into the public record, and we will
fully consider them in the preparation
of our final determinations. Our final
determinations concerning these
proposed listings will take into
consideration all written comments and
any additional information we receive.
You may submit your comments and
materials by one of the methods listed
in the ADDRESSES section. We will not
accept comments sent by email or fax or
to an address not listed in the
ADDRESSES section. If you submit a
comment via https://
www.regulations.gov, your entire
comment—including your personal
identifying information—will be posted
on the Web site. If you submit a
hardcopy comment that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy comments on
https://www.regulations.gov.
Comments and materials we receive,
as well as supporting documentation we
used in preparing the proposed rule,
will be available for public inspection
on the Internet at https://
www.regulations.gov at Docket No.
FWS–R9–ES–2012–0013 for the
hyacinth macaw, and at Docket No.
FWS–R9–ES–2011–0101 for the military
macaw and great green macaw, or by
appointment, during normal business
hours, at the Branch of Foreign Species
(see FOR FURTHER INFORMATION CONTACT).
You may obtain copies of the proposed
rules on the Internet at https://
www.regulations.gov at Docket No.
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FWS–R9–ES–2012–0013 for the
hyacinth macaw, and at Docket No.
FWS–R9–ES–2011–0101 for the military
macaw and great green macaw, or by
mail from the Branch of Foreign Species
(see FOR FURTHER INFORMATION CONTACT).
Authority: The authority for this action is
the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: February 11, 2013.
Rowan W. Gould,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2013–03880 Filed 2–20–13; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 121004516–3064–01]
RIN 0648–BC64
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Gag
Management Measures in the Gulf of
Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes regulations 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), as prepared by the Gulf
of Mexico Fishery Management Council
(Council). If implemented, this rule
would (1) establish a closure date for the
2013 recreational sector for gag harvest
based on the projected annual catch
target (ACT), and (2) reduce the
geographic extent of the recreational
shallow-water grouper (SWG) fixed
seasonal closure, which are in place to
prevent overfishing of gag, and to
reduce fishing pressure on other SWG
species. The reduction in the geographic
extent of the closure still would provide
some spawning season protection for
several SWG species, but provides a
better opportunity for the recreational
sector to achieve optimum yield (OY)
from the stocks in the SWG complex in
the Gulf of Mexico (Gulf). This proposed
rule is intended to help achieve OY for
the Gulf gag and other SWG resources
and prevent overfishing from the stocks
in the SWG complex.
SUMMARY:
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Written comments must be
received on or before March 25, 2013.
ADDRESSES: You may submit comments
on this document, identified by
‘‘NOAA–NMFS–2013–0012’’, by any of
the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20130012, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Peter Hood, Southeast Regional Office,
NMFS, 263 13th Avenue South, St.
Petersburg, FL 33701.
Instructions: 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 by NMFS. 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.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
Electronic copies of the regulatory
amendment, which includes an
environmental assessment, regulatory
impact review, and Regulatory
Flexibility Act analysis, may be
obtained from the Southeast Regional
Office Web Site at https://
sero.nmfs.noaa.gov/sf/
GrouperSnapperandReefFish.htm.
FOR FURTHER INFORMATION CONTACT:
Peter Hood, Southeast Regional Office,
NMFS, telephone 727–824–5305; email:
Peter.Hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Gulf is managed
under the FMP. The FMP was prepared
by the Council and is implemented
through regulations at 50 CFR part 622
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
DATES:
Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing and
achieve, on a continuing basis, OY from
federally managed fish stocks. The
reauthorized Magnuson-Stevens Act, as
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amended through January 12, 2007,
requires the councils to establish annual
catch limits (ACLs) for each stock/stock
complex and accountability measures
(AMs) to ensure these ACLs are not
exceeded. This proposed rule addresses
these requirements by (1) establishing a
closure date for the recreational sector
for gag harvest based on when the ACT
is projected to be reached, rather than
closing on October 31, 2013, under
current regulations; and (2) modifying
the geographic extent of the recreational
SWG fixed seasonal closure, from
February 1 through March 31, each year,
to permit recreational SWG fishing
within Federal waters shoreward of the
20-fathom boundary during the closure.
In the Gulf, SWG means gag, red
grouper, black grouper, scamp,
yellowfin grouper, and yellowmouth
grouper.
Recreational Gag Fishing Season
Gulf gag is overfished and the stock is
currently in a rebuilding plan. The 10year rebuilding plan was implemented
through Amendment 32 to the FMP (77
FR 6988, February 20, 2012). Pursuant
to the rebuilding plan, in 2013, the
recreational ACL is scheduled to
increase from 1.232 million lb (0.559
million kg) to 1.495 million lb (0.678
million kg), gutted weight, and the ACT
is scheduled to increase from 1.031
million lb (0.468 million kg) in 2012 to
1.287 million lb (0.584 million kg),
gutted weight. Preliminary estimates
indicate the recreational sector landings
did not exceed the 2012 ACL of 1.232
million lb (0.559 million kg), gutted
weight, which would allow the ACL and
ACT to be increased in 2013, in
accordance with the rebuilding plan.
The 2012 recreational gag fishing
season was July 1 through October 31.
To set a 2013 recreational gag fishing
season, the Council evaluated seasons
beginning at different times. Fishermen
had expressed interest in being able to
fish for gag during other times of the
year to accommodate regional and
seasonal differences in gag fishing. As a
result, several alternatives were
developed to either move the start of the
recreational gag fishing season to a
different time, or to split the season into
two or three sub-seasons. However,
moving the season to times when there
is greater demand for gag fishing would
reduce the total number of days
available to fish. Therefore, to provide
additional fishing days, the Council
added an option to reduce the bag limit
from 2 to 1 fish during the recreational
gag fishing season.
After evaluating alternatives, the
Council selected a recreational gag
fishing season beginning on July 1,
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2013, and closing when the ACT is
projected to be reached, rather than
closing on October 31, 2013, which is
the current regulation. The Council also
decided to maintain the 2-fish bag limit
during the recreational gag fishing
season rather than reduce the bag limit
to 1 fish because the number of
projected additional fishing days to the
2013 season was small (less than 2
weeks). If implemented, each year,
NMFS would project when the ACT is
expected to be reached, and publish the
date for the closure of the recreational
sector for gag harvest in the Federal
Register. Given a 2013 ACT of 1.287
million lb (0.584 million kg), gutted
weight, and assuming compatible state
regulations, preliminary NMFS
projections indicate the recreational gag
fishing season would remain open until
sometime between November 11 and
December 3, 2013. A 2013 closure date
for the recreational sector for gag harvest
would be set in the final rule. This
would allow landings data for the
recreational sector, through the end of
the 2012 recreational gag fishing season
(October 31), to be used for projecting
the 2013 season length.
The final closure date for the 2013
season may be earlier or later than
closure dates described above because it
is contingent on catches reported in
2012 and state consistency with
regulations existing in 2013. For
example, in 2012, four Gulf coast
counties in Florida had recreational gag
fishing seasons in state waters that were
inconsistent with the 2012 Federal
season. All other Gulf coast counties
were consistent with the season for
Federal waters. If Florida chooses to
repeat these seasons in 2013, then the
effect of any inconsistent seasons on gag
harvest would need to be factored into
projections of how long the Federal
season can be open based on the ACT.
Furthermore, accountability measures,
specified at 50 CFR part 622.49(a)(4)(ii),
state that if landings reach, or are
projected to reach, the ACL for that
fishing year, NMFS will close the
recreational sector for gag harvest for the
remainder of the fishing year. Therefore,
NMFS could close the recreational
sector for gag harvest prior to reaching
the final closure date (including the
current closure date of October 31, as
provided in 50 CFR 622.34(v)), if
landings reach, or are projected to reach
the ACL for that fishing year.
Recreational SWG Fixed Seasonal
Closure
The current recreational SWG fixed
seasonal closure, from February 1
through March 31, each year, was part
of a suite of recreational measures
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implemented through Amendment 30B
to the FMP (72 FR 17603, April 16,
2009) designed to achieve target harvest
levels for both red grouper and gag, and
to end overfishing of gag. Part of the
rationale for selecting the recreational
SWG fixed seasonal closure, from
February 1 through March 31, each year,
was to protect spawning of SWG
species, and in particular gag, which
spawn primarily along the 40-fathom
break in the eastern Gulf. Because the
current and proposed recreational gag
fishing season opens July 1, well after
peak gag spawning in February and
March, gag spawning is protected by
both the closure of the recreational
sector for gag harvest and the current
recreational SWG fixed seasonal
closure. The recreational SWG fixed
seasonal closure, from February 1
through March 31, also covers the
spawning periods of some of the other
SWG species and thus provides a
biological benefit to these species. Like
gag, spawning for many of these SWG
species occurs in offshore rather than
near-shore waters; thus the modified
geographic extent of the recreational
SWG fixed seasonal closure proposed in
this rule may continue to provide some
protection for these SWG species with
spawning periods during the proposed
closure. In addition, red, black, and
other SWG are managed with ACLs and
AMs to prevent overfishing from
occurring.
The Council evaluated several
alternatives to the recreational SWG
fixed seasonal closure, including
shortening, shifting, and repealing the
closure. To continue protections for gag
and other SWG spawning, the Council
preferred to modify the geographic
extent of the February 1 through March
31 recreational SWG fixed seasonal
closure, to only apply to Federal waters
seaward of the 20-fathom boundary. If
implemented, this modification would
continue to provide protection for
spawning gag as well as for other SWG
species that spawn in waters deeper
than 20 fathoms in February and March.
The coordinates of the boundary would
follow the 20-fathom reef fish bottom
longline boundary from the Florida
Keys north and west to Cape San Blas,
as specified in Table 1 of Appendix B
to 50 CFR Part 622. Because the longline
boundary moves out to 50 fathoms west
of Cape San Blas, new 20-fathom
boundary coordinates would be
established through this rule for waters
off Cape San Blas to the U.S. and
Mexico border.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the Assistant
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Administrator for Fisheries, NOAA
(AA), has determined that this proposed
rule is consistent with the regulatory
amendment, 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 implemented, would
not have a significant economic impact
on a substantial number of small
entities. The factual basis for this
determination is as follows:
If implemented, this proposed rule
would: (1) Close the recreational sector
for gag harvest based on when the ACT
is projected to be reached, rather than
closing on October 31, 2013, under
current regulations; and (2) modify the
geographic extent of the recreational
SWG fixed seasonal closure, from
February 1 through March 31, each year,
to permit recreational SWG fishing
within Federal waters shoreward of the
20-fathom boundary during the closure.
The purpose of this proposed rule is to
prevent overfishing and achieve OY
from the stocks in the SWG complex.
The Magnuson-Stevens Act provides the
statutory basis for this proposed rule.
This rule, if implemented, is expected
to directly affect 1,363 vessels that
possess a valid or renewable Gulf reef
fish for-hire permit. A renewable permit
is an expired permit that may not be
actively fished, but is renewable for up
to 1 year after 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 Gulf reef fish for-hire permit does
not distinguish between charterboats
and headboats, an estimated 69
headboats operate in the Gulf. As a
result, an estimated 1,294 charterboats
and 69 headboats in the Gulf would be
expected to be directly affected by this
proposed rule. The average charterboat
is estimated to earn approximately
$77,000 (2010 dollars) in annual
revenue, and the average headboat is
estimated to earn approximately
$234,000 (2010 dollars).
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. A business involved in
the for-hire fishing industry is classified
as a small business if it is independently
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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 expected to be directly
affected by this proposed rule are
determined for the purpose of this
analysis to be small business entities.
This rule, if implemented, would
change the closure date for the
recreational sector for gag harvest and
the geographic extent of the recreational
SWG fixed seasonal closure. The
proposed closure date for the
recreational sector for gag harvest would
be expected to increase the number of
charterboat individual angler trips
targeting gag Gulf-wide by 770–2,464
trips, where a ‘‘trip’’ is based on each
individual angler rather than the
charterboat as a whole. Angler trips are
used as the metric of analysis instead of
vessel trips because species target
information is collected at the angler
level and not at the vessel level. The
estimated producer surplus (PS), which
is used as a proxy for vessel profit, of
a charterboat angler trip is $145.63
(2010 dollars). The increase in the
number of charterboat individual angler
trips targeting gag expected to occur as
a result of the proposed change in the
recreational gag fishing season would be
expected to increase the PS for all
affected charterboats combined by
approximately $112,000–$359,000 (770–
2,464 trips times $145.63 per trip; 2010
dollars). During the 2007–2011 period,
the Gulf charterboat fleet averaged
approximately 765,200 angler trips per
year, of which an average of
approximately 14,600, or less than 2
percent, targeted gag. These trips
targeting gag generated approximately
$111 million in PS per year for the
entire fleet. The estimated increase in
PS expected to result from the proposed
closure date for the recreational sector
for gag harvest would, therefore, be
expected to increase the total PS
received by charterboats by less than 1
percent (approximately 0.1–0.3 percent).
Allocated across all charterboats (1,294
vessels), the estimated change in PS
would result in an increase of
approximately $77–$277 (2010 dollars)
per vessel. Although some charterboats
would be expected to be more actively
engaged in the harvest of gag than
others, these results indicate that the
proposed closure date for the
recreational sector for gag harvest would
be expected to have a minor economic
impact on the profit of charterboats.
Comparable information for Gulf
headboats is not available because target
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data for headboat trips are not collected.
However, gag accounts for less than 4
percent of the total pounds of all species
recreationally harvested by headboats,
whereas gag accounts for approximately
13 percent of the total pounds
recreationally harvested by charterboat
anglers despite the low rate (less than
two percent of total trips) of gag target
effort by charterboat anglers. The higher
proportion of gag harvest relative to
total harvest for charterboats compared
to headboats, despite the low rate of gag
target effort by charterboat anglers,
suggests that gag target effort by
headboat anglers is similarly low. As a
result, the proposed closure date for the
recreational sector for gag harvest would
be expected to result in a small change
in the number of headboat angler trips
taken and, as a result, have a minor
economic impact on the profit of
headboats.
The proposed change in the
geographic extent of the recreational
SWG fixed seasonal closure would be
expected to result in a minor economic
impact to for-hire small businesses. A
fixed seasonal closure applicable to the
recreational sector for gag, black
grouper, and red grouper of some
duration has been in effect since 2006
and was expanded to include all SWG
species in 2010. As a result,
examination of data prior to 2006 is
required to provide insights into the
possible economic effects of the
proposed change in the geographic
extent of the recreational SWG fixed
seasonal closure.
During 2004–2005, approximately
6,300 trips are estimated to have been
taken each year during February and
March by charterboat anglers targeting
SWG species. Among the species in the
SWG complex, gag is the most
commonly targeted species. Of the
approximately 6,300 charterboat angler
trips targeting SWG taken each year
during these months, approximately
4,700 of these trips, or approximately 74
percent, targeted gag. NMFS notes that
these results should not be compared
with previous discussion of the low
importance of gag target effort to
charterboat anglers overall (less than 2
percent of total target trips) because that
discussion pertained to annual target
effort for all species; the current
discussion pertains only to target effort
in February-March, and only to SWG
species. As a result, of the
approximately 6,300 trips targeting
SWG that occurred each year during
February-March, only approximately
1,600 trips targeted SWG species other
than gag. During these two years, 2004–
2005, approximately 765,300
charterboat angler trips were taken each
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year. Thus, the number of trips that
targeted a SWG species other than gag
during February-March represented
approximately 0.2 percent of all
charterboat angler trips taken over the
entire year.
The proposed change in the
geographic extent of the recreational
SWG fixed seasonal closure would
eliminate the recreational SWG fixed
seasonal closure in Federal waters
shoreward of the 20-fathom boundary.
Estimates of recreational target effort by
water depth are not available and the
estimates of angler effort provided
above, which encompass effort
throughout the Gulf, cannot be
disaggregated to match the geographic
parameters of the proposed rule. As a
result, because some SWG target effort
may occur seaward of the 20-fathom
boundary, estimates of the expected
economic effects of the proposed change
in the geographic extent of the
recreational SWG fixed seasonal closure
based on the angler target information
discussed above would be expected to
be an upper bound. Based on the
information provided above, because
the recreational harvest of gag would
continue to be prohibited seaward of the
20-fathom boundary, the proposed
change in the geographic extent of the
recreational SWG fixed seasonal closure
would be expected to result in a
maximum increase of approximately
1,600 charterboat angler trips, or
approximately 0.2 percent of normal
charterboat angler trips taken over the
year. Based on this number of
charterboat angler trips, these trips
would be expected to result in an
increase in the PS to the Gulf
charterboat fleet by approximately
$235,000 (1,600 trips times $145.63 per
trip; 2010 dollars), or approximately 0.2
percent of total PS received by
charterboats. Allocated across all
charterboats, the estimated change in PS
would result in an increase of
approximately $182 (2010 dollars) per
vessel. Similar to the discussion on the
expected effects of the proposed closure
date for the recreational sector for gag
harvest, although some charterboats
would be expected to be more actively
engaged than others in the harvest of
SWG species other than gag, these
results indicate that the proposed
change in the geographic extent of the
recreational SWG fixed seasonal closure
would be expected to have a minor
economic impact on the profit of
charterboats.
Similar to the discussion of the
expected effects of the proposed closure
date for the recreational sector for gag
harvest, estimates of the expected effects
of the proposed change in the
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geographic extent of the recreational
SWG fixed seasonal closure on
headboats cannot be calculated with
available data, because target data for
headboat trips are not collected.
However, because the proposed change
would only affect the harvest of SWG
species other than gag, which is the
most commonly targeted SWG species,
and would affect fishing opportunities
for only a small portion of the year, the
proposed change in the geographic
extent of the recreational SWG fixed
seasonal closure would be expected to
result in only a small increase in the
number of headboat angler trips taken.
As a result, this proposed change in the
geographic extent would be expected to
have only a minor economic impact on
the profit of headboats.
In summary, the proposed rule, if
implemented, would not be expected to
have a significant economic effect on a
substantial number of small entities. As
a result, an initial regulatory flexibility
analysis is not required and none has
been prepared.
This proposed rule does not establish
any new reporting, record-keeping, or
other compliance requirements.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: February 15, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
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.
bag and possession limit for SWG in or
from the Gulf EEZ seaward of the
following rhumb lines is zero.
Point
North lat.
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30°05.6′ ......
30°07.5′ ......
29°43.9′ ......
29°43.0′ ......
At State/
EEZ line,
follow
State/EEZ
line to
point 20.
At State/
EEZ line.
29°02.0′ ......
28°32.7′ ......
28°24.8′ ......
28°42.3′ ......
28°34.2′ ......
28°27.6′ ......
28°20.0′ ......
28°02.2′ ......
27°46.5′ ......
27°15.0′ ......
26°45.5′ ......
At EEZ ........
20 .................
21
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32
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West long.
82°48.0′
82°34.0′
82°59.0′
83°21.5′
83°45.0′
84°00.0′
84°07.0′
84°24.8′
84°24.8′
84°47.0′
85°09.0′
85°30.0′
85°51.7′
85°51.0′
86°18.5′
86°56.5′
87°33.8′
88°18.5′
88°56.0′
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95°00.0′
95°06.9′
96°11.1′
96°38.1′
97°00.0′
97°01.4′
96°51.0′
(v) Seasonal closure of the
recreational sector for gag. The
recreational sector for gag, in or from the
Gulf EEZ, is closed from January 1
through June 30 and November 11
through December 31, each year. During
the closure, the bag and possession limit
for gag in or from the Gulf EEZ is zero.
[FR Doc. 2013–03980 Filed 2–20–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
2. In § 622.34, paragraphs (u) and (v)
are revised to read as follows:
National Oceanic and Atmospheric
Administration
§ 622.34 Gulf EEZ seasonal and/or area
closures.
50 CFR Part 665
*
[Docket No. 110819515–3085–01]
■
*
*
*
*
(u) Seasonal closure of the
recreational sector for shallow-water
grouper (SWG). The recreational sector
for SWG, in or from the Gulf EEZ, is
closed each year from February 1
through March 31, in the portion of the
Gulf EEZ seaward of rhumb lines
connecting, in order, the points in the
following table. During the closure, the
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Western Pacific Fisheries; Fishing in
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Islands, and Rose Atoll Marine
National Monuments
National Marine Fisheries
Service (NMFS), National Oceanic and
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[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Proposed Rules]
[Pages 12012-12015]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03980]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 121004516-3064-01]
RIN 0648-BC64
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Gag Management Measures in the
Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations 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), as prepared by the
Gulf of Mexico Fishery Management Council (Council). If implemented,
this rule would (1) establish a closure date for the 2013 recreational
sector for gag harvest based on the projected annual catch target
(ACT), and (2) reduce the geographic extent of the recreational
shallow-water grouper (SWG) fixed seasonal closure, which are in place
to prevent overfishing of gag, and to reduce fishing pressure on other
SWG species. The reduction in the geographic extent of the closure
still would provide some spawning season protection for several SWG
species, but provides a better opportunity for the recreational sector
to achieve optimum yield (OY) from the stocks in the SWG complex in the
Gulf of Mexico (Gulf). This proposed rule is intended to help achieve
OY for the Gulf gag and other SWG resources and prevent overfishing
from the stocks in the SWG complex.
DATES: Written comments must be received on or before March 25, 2013.
ADDRESSES: You may submit comments on this document, identified by
``NOAA-NMFS-2013-0012'', by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0012, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Peter Hood, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: 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 by NMFS. 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.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
Electronic copies of the regulatory amendment, which includes an
environmental assessment, regulatory impact review, and Regulatory
Flexibility Act analysis, may be obtained from the Southeast Regional
Office Web Site at https://sero.nmfs.noaa.gov/sf/GrouperSnapperandReefFish.htm.
FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office,
NMFS, telephone 727-824-5305; email: Peter.Hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf is managed
under the FMP. The FMP was prepared by the Council and is implemented
through regulations at 50 CFR part 622 under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, OY from federally managed fish stocks. The reauthorized
Magnuson-Stevens Act, as
[[Page 12013]]
amended through January 12, 2007, requires the councils to establish
annual catch limits (ACLs) for each stock/stock complex and
accountability measures (AMs) to ensure these ACLs are not exceeded.
This proposed rule addresses these requirements by (1) establishing a
closure date for the recreational sector for gag harvest based on when
the ACT is projected to be reached, rather than closing on October 31,
2013, under current regulations; and (2) modifying the geographic
extent of the recreational SWG fixed seasonal closure, from February 1
through March 31, each year, to permit recreational SWG fishing within
Federal waters shoreward of the 20-fathom boundary during the closure.
In the Gulf, SWG means gag, red grouper, black grouper, scamp,
yellowfin grouper, and yellowmouth grouper.
Recreational Gag Fishing Season
Gulf gag is overfished and the stock is currently in a rebuilding
plan. The 10-year rebuilding plan was implemented through Amendment 32
to the FMP (77 FR 6988, February 20, 2012). Pursuant to the rebuilding
plan, in 2013, the recreational ACL is scheduled to increase from 1.232
million lb (0.559 million kg) to 1.495 million lb (0.678 million kg),
gutted weight, and the ACT is scheduled to increase from 1.031 million
lb (0.468 million kg) in 2012 to 1.287 million lb (0.584 million kg),
gutted weight. Preliminary estimates indicate the recreational sector
landings did not exceed the 2012 ACL of 1.232 million lb (0.559 million
kg), gutted weight, which would allow the ACL and ACT to be increased
in 2013, in accordance with the rebuilding plan.
The 2012 recreational gag fishing season was July 1 through October
31. To set a 2013 recreational gag fishing season, the Council
evaluated seasons beginning at different times. Fishermen had expressed
interest in being able to fish for gag during other times of the year
to accommodate regional and seasonal differences in gag fishing. As a
result, several alternatives were developed to either move the start of
the recreational gag fishing season to a different time, or to split
the season into two or three sub-seasons. However, moving the season to
times when there is greater demand for gag fishing would reduce the
total number of days available to fish. Therefore, to provide
additional fishing days, the Council added an option to reduce the bag
limit from 2 to 1 fish during the recreational gag fishing season.
After evaluating alternatives, the Council selected a recreational
gag fishing season beginning on July 1, 2013, and closing when the ACT
is projected to be reached, rather than closing on October 31, 2013,
which is the current regulation. The Council also decided to maintain
the 2-fish bag limit during the recreational gag fishing season rather
than reduce the bag limit to 1 fish because the number of projected
additional fishing days to the 2013 season was small (less than 2
weeks). If implemented, each year, NMFS would project when the ACT is
expected to be reached, and publish the date for the closure of the
recreational sector for gag harvest in the Federal Register. Given a
2013 ACT of 1.287 million lb (0.584 million kg), gutted weight, and
assuming compatible state regulations, preliminary NMFS projections
indicate the recreational gag fishing season would remain open until
sometime between November 11 and December 3, 2013. A 2013 closure date
for the recreational sector for gag harvest would be set in the final
rule. This would allow landings data for the recreational sector,
through the end of the 2012 recreational gag fishing season (October
31), to be used for projecting the 2013 season length.
The final closure date for the 2013 season may be earlier or later
than closure dates described above because it is contingent on catches
reported in 2012 and state consistency with regulations existing in
2013. For example, in 2012, four Gulf coast counties in Florida had
recreational gag fishing seasons in state waters that were inconsistent
with the 2012 Federal season. All other Gulf coast counties were
consistent with the season for Federal waters. If Florida chooses to
repeat these seasons in 2013, then the effect of any inconsistent
seasons on gag harvest would need to be factored into projections of
how long the Federal season can be open based on the ACT. Furthermore,
accountability measures, specified at 50 CFR part 622.49(a)(4)(ii),
state that if landings reach, or are projected to reach, the ACL for
that fishing year, NMFS will close the recreational sector for gag
harvest for the remainder of the fishing year. Therefore, NMFS could
close the recreational sector for gag harvest prior to reaching the
final closure date (including the current closure date of October 31,
as provided in 50 CFR 622.34(v)), if landings reach, or are projected
to reach the ACL for that fishing year.
Recreational SWG Fixed Seasonal Closure
The current recreational SWG fixed seasonal closure, from February
1 through March 31, each year, was part of a suite of recreational
measures implemented through Amendment 30B to the FMP (72 FR 17603,
April 16, 2009) designed to achieve target harvest levels for both red
grouper and gag, and to end overfishing of gag. Part of the rationale
for selecting the recreational SWG fixed seasonal closure, from
February 1 through March 31, each year, was to protect spawning of SWG
species, and in particular gag, which spawn primarily along the 40-
fathom break in the eastern Gulf. Because the current and proposed
recreational gag fishing season opens July 1, well after peak gag
spawning in February and March, gag spawning is protected by both the
closure of the recreational sector for gag harvest and the current
recreational SWG fixed seasonal closure. The recreational SWG fixed
seasonal closure, from February 1 through March 31, also covers the
spawning periods of some of the other SWG species and thus provides a
biological benefit to these species. Like gag, spawning for many of
these SWG species occurs in offshore rather than near-shore waters;
thus the modified geographic extent of the recreational SWG fixed
seasonal closure proposed in this rule may continue to provide some
protection for these SWG species with spawning periods during the
proposed closure. In addition, red, black, and other SWG are managed
with ACLs and AMs to prevent overfishing from occurring.
The Council evaluated several alternatives to the recreational SWG
fixed seasonal closure, including shortening, shifting, and repealing
the closure. To continue protections for gag and other SWG spawning,
the Council preferred to modify the geographic extent of the February 1
through March 31 recreational SWG fixed seasonal closure, to only apply
to Federal waters seaward of the 20-fathom boundary. If implemented,
this modification would continue to provide protection for spawning gag
as well as for other SWG species that spawn in waters deeper than 20
fathoms in February and March. The coordinates of the boundary would
follow the 20-fathom reef fish bottom longline boundary from the
Florida Keys north and west to Cape San Blas, as specified in Table 1
of Appendix B to 50 CFR Part 622. Because the longline boundary moves
out to 50 fathoms west of Cape San Blas, new 20-fathom boundary
coordinates would be established through this rule for waters off Cape
San Blas to the U.S. and Mexico border.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant
[[Page 12014]]
Administrator for Fisheries, NOAA (AA), has determined that this
proposed rule is consistent with the regulatory amendment, 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 implemented, would not have
a significant economic impact on a substantial number of small
entities. The factual basis for this determination is as follows:
If implemented, this proposed rule would: (1) Close the
recreational sector for gag harvest based on when the ACT is projected
to be reached, rather than closing on October 31, 2013, under current
regulations; and (2) modify the geographic extent of the recreational
SWG fixed seasonal closure, from February 1 through March 31, each
year, to permit recreational SWG fishing within Federal waters
shoreward of the 20-fathom boundary during the closure. The purpose of
this proposed rule is to prevent overfishing and achieve OY from the
stocks in the SWG complex. The Magnuson-Stevens Act provides the
statutory basis for this proposed rule.
This rule, if implemented, is expected to directly affect 1,363
vessels that possess a valid or renewable Gulf reef fish for-hire
permit. A renewable permit is an expired permit that may not be
actively fished, but is renewable for up to 1 year after 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 Gulf reef fish for-hire permit does
not distinguish between charterboats and headboats, an estimated 69
headboats operate in the Gulf. As a result, an estimated 1,294
charterboats and 69 headboats in the Gulf would be expected to be
directly affected by this proposed rule. The average charterboat is
estimated to earn approximately $77,000 (2010 dollars) in annual
revenue, and the average headboat is estimated to earn approximately
$234,000 (2010 dollars).
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. 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 expected to be directly
affected by this proposed rule are determined for the purpose of this
analysis to be small business entities.
This rule, if implemented, would change the closure date for the
recreational sector for gag harvest and the geographic extent of the
recreational SWG fixed seasonal closure. The proposed closure date for
the recreational sector for gag harvest would be expected to increase
the number of charterboat individual angler trips targeting gag Gulf-
wide by 770-2,464 trips, where a ``trip'' is based on each individual
angler rather than the charterboat as a whole. Angler trips are used as
the metric of analysis instead of vessel trips because species target
information is collected at the angler level and not at the vessel
level. The estimated producer surplus (PS), which is used as a proxy
for vessel profit, of a charterboat angler trip is $145.63 (2010
dollars). The increase in the number of charterboat individual angler
trips targeting gag expected to occur as a result of the proposed
change in the recreational gag fishing season would be expected to
increase the PS for all affected charterboats combined by approximately
$112,000-$359,000 (770-2,464 trips times $145.63 per trip; 2010
dollars). During the 2007-2011 period, the Gulf charterboat fleet
averaged approximately 765,200 angler trips per year, of which an
average of approximately 14,600, or less than 2 percent, targeted gag.
These trips targeting gag generated approximately $111 million in PS
per year for the entire fleet. The estimated increase in PS expected to
result from the proposed closure date for the recreational sector for
gag harvest would, therefore, be expected to increase the total PS
received by charterboats by less than 1 percent (approximately 0.1-0.3
percent). Allocated across all charterboats (1,294 vessels), the
estimated change in PS would result in an increase of approximately
$77-$277 (2010 dollars) per vessel. Although some charterboats would be
expected to be more actively engaged in the harvest of gag than others,
these results indicate that the proposed closure date for the
recreational sector for gag harvest would be expected to have a minor
economic impact on the profit of charterboats.
Comparable information for Gulf headboats is not available because
target data for headboat trips are not collected. However, gag accounts
for less than 4 percent of the total pounds of all species
recreationally harvested by headboats, whereas gag accounts for
approximately 13 percent of the total pounds recreationally harvested
by charterboat anglers despite the low rate (less than two percent of
total trips) of gag target effort by charterboat anglers. The higher
proportion of gag harvest relative to total harvest for charterboats
compared to headboats, despite the low rate of gag target effort by
charterboat anglers, suggests that gag target effort by headboat
anglers is similarly low. As a result, the proposed closure date for
the recreational sector for gag harvest would be expected to result in
a small change in the number of headboat angler trips taken and, as a
result, have a minor economic impact on the profit of headboats.
The proposed change in the geographic extent of the recreational
SWG fixed seasonal closure would be expected to result in a minor
economic impact to for-hire small businesses. A fixed seasonal closure
applicable to the recreational sector for gag, black grouper, and red
grouper of some duration has been in effect since 2006 and was expanded
to include all SWG species in 2010. As a result, examination of data
prior to 2006 is required to provide insights into the possible
economic effects of the proposed change in the geographic extent of the
recreational SWG fixed seasonal closure.
During 2004-2005, approximately 6,300 trips are estimated to have
been taken each year during February and March by charterboat anglers
targeting SWG species. Among the species in the SWG complex, gag is the
most commonly targeted species. Of the approximately 6,300 charterboat
angler trips targeting SWG taken each year during these months,
approximately 4,700 of these trips, or approximately 74 percent,
targeted gag. NMFS notes that these results should not be compared with
previous discussion of the low importance of gag target effort to
charterboat anglers overall (less than 2 percent of total target trips)
because that discussion pertained to annual target effort for all
species; the current discussion pertains only to target effort in
February-March, and only to SWG species. As a result, of the
approximately 6,300 trips targeting SWG that occurred each year during
February-March, only approximately 1,600 trips targeted SWG species
other than gag. During these two years, 2004-2005, approximately
765,300 charterboat angler trips were taken each
[[Page 12015]]
year. Thus, the number of trips that targeted a SWG species other than
gag during February-March represented approximately 0.2 percent of all
charterboat angler trips taken over the entire year.
The proposed change in the geographic extent of the recreational
SWG fixed seasonal closure would eliminate the recreational SWG fixed
seasonal closure in Federal waters shoreward of the 20-fathom boundary.
Estimates of recreational target effort by water depth are not
available and the estimates of angler effort provided above, which
encompass effort throughout the Gulf, cannot be disaggregated to match
the geographic parameters of the proposed rule. As a result, because
some SWG target effort may occur seaward of the 20-fathom boundary,
estimates of the expected economic effects of the proposed change in
the geographic extent of the recreational SWG fixed seasonal closure
based on the angler target information discussed above would be
expected to be an upper bound. Based on the information provided above,
because the recreational harvest of gag would continue to be prohibited
seaward of the 20-fathom boundary, the proposed change in the
geographic extent of the recreational SWG fixed seasonal closure would
be expected to result in a maximum increase of approximately 1,600
charterboat angler trips, or approximately 0.2 percent of normal
charterboat angler trips taken over the year. Based on this number of
charterboat angler trips, these trips would be expected to result in an
increase in the PS to the Gulf charterboat fleet by approximately
$235,000 (1,600 trips times $145.63 per trip; 2010 dollars), or
approximately 0.2 percent of total PS received by charterboats.
Allocated across all charterboats, the estimated change in PS would
result in an increase of approximately $182 (2010 dollars) per vessel.
Similar to the discussion on the expected effects of the proposed
closure date for the recreational sector for gag harvest, although some
charterboats would be expected to be more actively engaged than others
in the harvest of SWG species other than gag, these results indicate
that the proposed change in the geographic extent of the recreational
SWG fixed seasonal closure would be expected to have a minor economic
impact on the profit of charterboats.
Similar to the discussion of the expected effects of the proposed
closure date for the recreational sector for gag harvest, estimates of
the expected effects of the proposed change in the geographic extent of
the recreational SWG fixed seasonal closure on headboats cannot be
calculated with available data, because target data for headboat trips
are not collected. However, because the proposed change would only
affect the harvest of SWG species other than gag, which is the most
commonly targeted SWG species, and would affect fishing opportunities
for only a small portion of the year, the proposed change in the
geographic extent of the recreational SWG fixed seasonal closure would
be expected to result in only a small increase in the number of
headboat angler trips taken. As a result, this proposed change in the
geographic extent would be expected to have only a minor economic
impact on the profit of headboats.
In summary, the proposed rule, if implemented, would not be
expected to have a significant economic effect on a substantial number
of small entities. As a result, an initial regulatory flexibility
analysis is not required and none has been prepared.
This proposed rule does not establish any new reporting, record-
keeping, or other compliance requirements.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: February 15, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the 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
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, paragraphs (u) and (v) are revised to read as
follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(u) Seasonal closure of the recreational sector for shallow-water
grouper (SWG). The recreational sector for SWG, in or from the Gulf
EEZ, is closed each year from February 1 through March 31, in the
portion of the Gulf EEZ seaward of rhumb lines connecting, in order,
the points in the following table. During the closure, the bag and
possession limit for SWG in or from the Gulf EEZ seaward of the
following rhumb lines is zero.
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
1........................... 24[deg]48.0'.............. 82[deg]48.0'
2........................... 25[deg]07.5'.............. 82[deg]34.0'
3........................... 26[deg]26.0'.............. 82[deg]59.0'
4........................... 27[deg]30.0'.............. 83[deg]21.5'
5........................... 28[deg]10.0'.............. 83[deg]45.0'
6........................... 28[deg]11.0'.............. 84[deg]00.0'
7........................... 28[deg]11.0'.............. 84[deg]07.0'
8........................... 28[deg]26.6'.............. 84[deg]24.8'
9........................... 28[deg]42.5'.............. 84[deg]24.8'
10.......................... 29[deg]05.0'.............. 84[deg]47.0'
11.......................... 29[deg]02.5'.............. 85[deg]09.0'
12.......................... 29[deg]21.0'.............. 85[deg]30.0'
13.......................... 29[deg]27.9'.............. 85[deg]51.7'
14.......................... 29[deg]45.8'.............. 85[deg]51.0'
15.......................... 30[deg]05.6'.............. 86[deg]18.5'
16.......................... 30[deg]07.5'.............. 86[deg]56.5'
17.......................... 29[deg]43.9'.............. 87[deg]33.8'
18.......................... 29[deg]43.0'.............. 88[deg]18.5'
19.......................... At State/EEZ line, follow 88[deg]56.0'
State/EEZ line to point
20.
20.......................... At State/EEZ line......... 89[deg]28.4'
21.......................... 29[deg]02.0'.............. 89[deg]45.5'
22.......................... 28[deg]32.7'.............. 90[deg]21.5'
23.......................... 28[deg]24.8'.............. 90[deg]52.7'
24.......................... 28[deg]42.3'.............. 92[deg]14.4'
25.......................... 28[deg]34.2'.............. 92[deg]30.4'
26.......................... 28[deg]27.6'.............. 95[deg]00.0'
27.......................... 28[deg]20.0'.............. 95[deg]06.9'
28.......................... 28[deg]02.2'.............. 96[deg]11.1'
29.......................... 27[deg]46.5'.............. 96[deg]38.1'
30.......................... 27[deg]15.0'.............. 97[deg]00.0'
31.......................... 26[deg]45.5'.............. 97[deg]01.4'
32.......................... At EEZ.................... 96[deg]51.0'
------------------------------------------------------------------------
(v) Seasonal closure of the recreational sector for gag. The
recreational sector for gag, in or from the Gulf EEZ, is closed from
January 1 through June 30 and November 11 through December 31, each
year. During the closure, the bag and possession limit for gag in or
from the Gulf EEZ is zero.
[FR Doc. 2013-03980 Filed 2-20-13; 8:45 am]
BILLING CODE 3510-22-P
