Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 28, 25047-25052 [2013-10000]
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Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Proposed Rules
presented provides a basis for us to find
that it would lead a reasonable person
to believe that the measure proposed in
the petition may be warranted. We find
the biological information regarding
Lolita’s genetic heritage and
consideration of captive individuals
under the ESA meets this standard,
based on the information presented and
referenced in the petition, as well as all
other information readily available in
our files.
Information Solicited
We are soliciting information from the
public, governmental agencies, tribes,
the scientific community, industry,
environmental entities, and any other
interested parties concerning Lolita’s
genetic heritage and status. We will
consider all of the available information
in our determination of whether
including Lolita in the Southern
Resident killer whale ESA listing is
warranted. If we propose to include
Lolita in the DPS, we would seek public
comment before making a final decision.
We will coordinate our review of the
petition to include Lolita in the
Southern Resident DPS with our
ongoing review of the concurrent
petition to delist the DPS. If we propose
to delist the Southern Resident DPS, we
would seek public comment before
making a final decision.
List of Subjects in 50 CFR Part 224
Administrative practice and
procedure, Endangered and threatened
species, Reporting and recordkeeping
requirements.
References Cited
The complete citations for the
references used in this document can be
obtained by contacting NMFS (See
ADDRESSES and FOR FURTHER
INFORMATION CONTACT) or on our Web
page at: https://www.nwr.noaa.gov/
protected_species/marine_mammals/
cetaceans_whales_dolphins_porpoise/
toothed_whales/killer_whales/esa_
status_of_puget_sound_
killer_whales.html
Authority
emcdonald on DSK67QTVN1PROD with PROPOSALS
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: April 24, 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.
[FR Doc. 2013–10024 Filed 4–24–13; 4:15 pm]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 121004515–3385–01]
RIN 0648–BC63
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern
Atlantic States; Amendment 28
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes regulations to
implement Amendment 28 to the
Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (FMP), as prepared by
the South Atlantic Fishery Management
Council (Council). If implemented, this
rule would establish a process for
determining whether the limited harvest
and possession of red snapper in or
from the South Atlantic exclusive
economic zone (EEZ) could occur
during a given fishing year and establish
a process for setting commercial and
recreational fishing seasons for red
snapper beginning in 2013. Amendment
28 also specifies the process and
formulas for setting commercial and
recreational annual catch limits (ACLs)
for red snapper if limited fishing
seasons may occur. This rule would
implement those ACLs and specify
accountability measures (AMs) when
the limited harvest and possession of
red snapper is allowed. During limited
fishing seasons, the rule would also
eliminate the current red snapper
minimum size limit, establish a
recreational bag limit and establish a
commercial trip limit for red snapper. In
this rule, NMFS intends to continue the
rebuilding of the red snapper stock and
to provide socio-economic benefits to
snapper-grouper fishermen and
communities that utilize the red
snapper resource.
DATES: Written comments must be
received on or before May 29, 2013.
ADDRESSES: You may submit comments
on the amendment identified by
‘‘NOAA–NMFS–2013-0040’’ by any of
the following methods:
• Electronic submissions: Submit
electronic comments via the Federal
e-Rulemaking Portal: https://
www.regulations.gov. Go to
www.regulations.gov/
SUMMARY:
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#!docketDetail;D=NOAA-NMFS-20130040, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Rick DeVictor, 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 Amendment 28,
which includes an environmental
assessment, an initial regulatory
flexibility analysis (IRFA), and a
regulatory impact review, may be
obtained from the Southeast Regional
Office Web site at https://
sero.nmfs.noaa.gov/sf/pdfs/
SGAmend28.pdf.
FOR FURTHER INFORMATION CONTACT: Rick
DeVictor, Southeast Regional Office,
telephone: 727–824–5305, or email:
rick.devictor@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic, which includes red snapper, 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
Red snapper are overfished and
undergoing overfishing. The harvest and
possession of red snapper have been
prohibited since January 4, 2010,
initially through temporary rules (74 FR
63673, December 4, 2009 and 75 FR
27658, May 18, 2010), and then through
the final rule to implement Amendment
17A to the FMP (75 FR 76874, December
9, 2010). Amendment 17A continued
the prohibitions on a permanent basis
by implementing an ACL for red
snapper of zero (landings only).
Amendment 17A also implemented a
rebuilding plan for red snapper, which
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Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Proposed Rules
specifies that red snapper biomass must
increase to the target rebuilt level in 35
years, starting from 2010. The final rule
implementing Amendment 17A also
included a large area closure for most
snapper-grouper species, however, this
area closure did not become effective
because it was determined not to be
necessary to end the overfishing of red
snapper (76 FR 23728, April 28, 2011).
At its June 2012 meeting, the Council
received new information from NMFS
regarding discard estimates for red
snapper. Using these data, the Council
and NMFS determined that a limited
season for red snapper was possible in
2012. At the Council’s request, NMFS
implemented emergency rulemaking to
allow for the limited harvest and
possession of red snapper in or from the
South Atlantic EEZ in 2012 (77 FR
51939, August 28, 2012).
Status of the Stock
The most recent Southeast Data,
Assessment, and Review (SEDAR)
benchmark stock assessment for red
snapper, SEDAR 24, was completed in
October 2010. Much like the stock
assessment completed in 2008, this
assessment showed red snapper to be
overfished and undergoing overfishing,
but also showed that red snapper were
undergoing overfishing at a lower rate
than found in the 2008 stock
assessment. The next benchmark stock
assessment for red snapper is scheduled
for 2014.
emcdonald on DSK67QTVN1PROD with PROPOSALS
Measures Contained in This Proposed
Rule
This rule would implement several
management measures to allow for the
limited harvest and possession of red
snapper in or from the South Atlantic
EEZ. When the Council approved, and
NMFS implemented, the temporary rule
through emergency action in 2012, they
determined that retention of a limited
number of red snapper (13,097 fish)
would not jeopardize the rebuilding of
the red snapper stock because the
estimated discard mortality level for
2012 was below the acceptable
biological catch (ABC). In Amendment
28, the Council has developed a process
to evaluate whether a similar limited
harvest season could occur each year,
beginning in 2013.
Process for Determining the Limited
Annual Red Snapper Harvest
Amendment 28 describes the annual
process developed by the Council for
determining whether a limited fishing
season for red snapper will occur and
how much red snapper may be
harvested. The ABC is determined
through the Council’s ABC control rule
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and the rebuilding projections from the
most recent stock assessment. Estimated
landings and dead discards of red
snapper from the previous year should
be available around March of each year,
and NMFS would use that information
in formulas approved by the Council in
Amendment 28. If NMFS determines,
using the formulas, that the estimated
landings and dead discards that
occurred in the previous year are equal
to or greater than the ABC for the
current year, no harvest would be
allowed and the ACL would remain
equal to zero. However, if NMFS
determines, using the formulas, that the
previous year’s estimated landings and
dead discards are less than the ABC,
then the ACL would be set to the
amount of harvest that may be allowed
for the current year.
Setting the Commercial and
Recreational Red Snapper Fishing
Seasons
If NMFS determines limited
commercial and recreational fishing
seasons are allowed for that fishing year,
NMFS would announce the commercial
and recreational fishing season start
dates in the Federal Register and by
other methods, as deemed appropriate.
The commercial fishing season would
begin on or close to the second Monday
in July, and the recreational fishing
season, which would consist of
weekends only (Fridays, Saturdays, and
Sundays), would begin on or close to
the second Friday of July. If the fishing
seasons do not open exactly on these
dates, they would open as close to these
dates as possible. NMFS would not
announce the season end date for the
commercial sector before the season
starts, but would monitor harvest and
close the commercial sector when the
commercial ACL has been reached or
projected to be reached by filing an inseason closure notification with the
Office of the Federal Register. After the
commercial sector closes, sale and
purchase of red snapper are prohibited
and harvest and possession of red
snapper are limited to the bag and
possession limits. NMFS would project
when the recreational ACL would be
reached and announce the fishing
season end date in the Federal Register.
The recreational season length would be
based on an evaluation of historical
harvest levels and fishing effort.
If the NMFS Regional Administrator
(RA) determines tropical storm or
hurricane conditions exist, or are
projected to exist, in the South Atlantic
during the commercial or recreational
fishing seasons, this rule would allow
the RA to modify the opening and
closing dates by filing a notification to
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that effect with the Office of the Federal
Register, and announcing via NOAA
Weather Radio and Fishery Bulletin any
change in the red snapper commercial
or recreational fishing seasons.
Additionally, the Council decided that
if the projected commercial or
recreational fishing season is
determined by NMFS to be 3 days or
less, then the commercial or recreational
fishing season would not open for that
fishing year because that short time
period would not provide sufficient
fishing opportunity for the public.
ACLs
Amendment 28 includes formulas for
determining the commercial and
recreational ACLs on an annual basis.
The formulas are based on total
removals (landings plus discards) from
prior fishing years. The formulas would
provide the total ACL for limited fishing
seasons. Using the current allocation
ratio for red snapper (28.07 percent
commercial and 71.93 percent
recreational), NMFS would then
determine the commercial and
recreational ACLs. When finalized data
from the prior fishing years are available
and NMFS determines that limited
fishing seasons are allowable, NMFS
would publish a notification with the
Office of the Federal Register to
announce the commercial and
recreational ACLs for limited fishing
seasons for that fishing year.
AMs
During limited fishing seasons, the
Council and NMFS would establish inseason AMs to prevent these ACLs from
being exceeded. If red snapper harvest
is allowed in a given fishing year, the
commercial in-season AM requires that
if commercial landings reach or are
projected to reach the commercial ACL,
then NMFS would close the commercial
sector for red snapper for the remainder
of the fishing year. After the commercial
sector closes, sale and purchase of red
snapper would be prohibited and
harvest and possession of red snapper
would be limited to the bag and
possession limits until the recreational
fishing season closes. The recreational
in-season AM is the length of the
recreational fishing season as
determined by NMFS and announced in
the Federal Register. After the
recreational fishing season closes, the
bag and possesion limits for red snapper
would be zero. If both the commercial
and recreational sectors are closed, it
would be unlawful to harvest or possess
red snapper.
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Other Management Measures
In order to reduce the probability of
an overage of the commercial and
recreational ACLs during the limited
open seasons, this rule would
implement a 75-lb (34-kg) commercial
trip limit and a 1-fish per person
recreational bag limit. The rule would
also remove the 20-inch (51-cm), total
length (TL), minimum size limit for both
the commercial and recreational sectors
to decrease regulatory discards of red
snapper (fish returned to the water
because they are below the minimum
size limit).
emcdonald on DSK67QTVN1PROD with PROPOSALS
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator (AA) has
determined that this rule is consistent
with Amendment 28, other provisions
of the Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This 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
rule, if adopted, would not have a
significant economic impact on a
substantial number of small entities.
The factual basis for this determination
is as follows.
The purpose of the rule is to continue
the rebuilding of the red snapper stock
and to increase the social and economic
benefits to fishermen and fishing
communities that utilize the red
snapper component of the snappergrouper fishery while also minimizing
safety at sea concerns, the probability of
ACL overages, and discard mortality of
red snapper. The Magnuson-Stevens Act
serves as the legal basis for the rule.
This rule is expected to directly affect
commercial fishing vessels that possess
commercial snapper-grouper permits
and for-hire vessels that possess for-hire
snapper-grouper permits for the South
Atlantic. The Small Business
Administration has established size
criteria for all major industry sectors in
the U.S. including fish harvesters. A
business involved in fish harvesting is
classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and has
combined annual receipts not in excess
of $4.0 million (NAICS code 114111,
finfish fishing) for all its affiliated
operations worldwide. For for-hire
vessels, the other qualifiers apply and
the receipts threshold is $7.0 million
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(NAICS code 713990, recreational
industries).
From 2003 through 2007, the average
number of vessels with commercial
South Atlantic snapper-grouper permits
was 944, of which 749 were transferable
and 195 were non-transferable.
Transferable permits have no limit on
landings per trip, except for species
subject to trip limits, while nontransferable permits are restricted to 225
lb (102 kg) of landings per trip, unless
the regulations specify a lower amount.
For 2008 through 2010, the average
number of vessels with commercial
snapper-grouper permits decreased to
788, of which 643 were transferable
permits and 145 non-transferable
permits. As of July 9, 2012, the number
of vessels with commercial snappergrouper permits had decreased further
to 694, of which 568 were transferable
and 126 were non-transferable.
Prior to the closure, any commercial
vessel with a commercial snappergrouper permit could commercially
harvest red snapper in the South
Atlantic. Commercially harvested red
snapper are landed mostly in Georgia
and northeast Florida (landings from
Georgia and Florida are combined for
confidentiality considerations),
followed by North Carolina and South
Carolina, and are mainly caught with
vertical lines. On average, 220
commercial vessels landed at least 1 lb
(0.45 kg) of red snapper per year
between 2003 and 2007. Of these 220
commercial vessels, 102 landed less
than 100 lb (45 kg) of red snapper per
year, 84 landed between 101 lb (46 kg)
and 1,000 lb (455 kg), and only 34
landed more than 1,000 lb (455 kg). In
addition, red snapper was not the
primary revenue species on most
commercial trips that harvested red
snapper during those years. On average,
red snapper was the primary source of
trip revenue on only 163 commercial
trips per year, or only 12 percent of the
commercial trips on which it was
landed. These trips accounted for
approximately 31 percent of the total
commercial red snapper landings.
From 2005 through 2009, the average
number of vessels commercially
harvesting at least 1 lb (0.45 kg) of red
snapper per year increased to 230, and
peaked at 270 vessels in 2009. The
impending prohibition on the
commercial harvest of red snapper in
2010, as well as the closure of vermilion
snapper to commercial harvest in
September 2009, most likely caused this
increase in participation. Vermilion
snapper is the primary target species on
trips catching red snapper and a
primary substitute species for red
snapper in seafood markets.
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From 2003 through 2007, commercial
landings of red snapper averaged
approximately 121,000 lb (55,000 kg)
annually, which generated average
annual gross revenue of $488,030 (2011
dollars). From 2005 through 2009,
commercial landings of red snapper
averaged approximately 171,000 lb
(77,727 kg) while gross revenue
averaged approximately $709,441 per
year. Thus, during this time, the average
price of commercially harvested red
snapper was approximately $4.15 per
pound. Further, average annual red
snapper commercial landings and gross
revenue were approximately 743 lb (337
kg) and $3,085 per vessel, respectively.
Because the commercial harvest and
sale of red snapper were prohibited in
2010 and 2011, landings and gross
revenue data from these years are the
most currently available for red snapper.
From 2003 through 2007, an average
of 890 commercial vessels per year
harvested snapper-grouper species. For
2008 through 2011, an average of 865
commercial vessels harvested snappergrouper species per year. Average
annual commercial landings of all
snapper-grouper species in the South
Atlantic from 2003 through 2007 were
approximately 6.43 million lb (2.92
million kg) which generated
approximately $14.98 million in gross
revenue. For 2008 through 2011, these
figures decreased to 5.03 million lb
(2.29 million kg) and $13.66 million,
respectively. From 2003 through 2007,
total landings of all species by vessels
harvesting snapper-grouper averaged
approximately 11.24 million lb (5.11
million kg) which generated $24.74
million in gross revenue per year. For
2008 through 2011, average total
landings of all species by vessels
harvesting snapper-grouper increased
slightly to 12.21 million lb (5.55 million
kg) per year, while average annual gross
revenue decreased slightly to $23.86
million. Thus, for 2008 through 2011,
average annual gross revenue per vessel
in the snapper-grouper fishery was
approximately $27,584. Red snapper
accounted for none of these vessels’
gross revenue in 2010 and 2011 due to
the prohibitions on commercial harvest
and sale. In 2011, the maximum annual
gross revenue for a commercial snappergrouper vessel was $618,272.
From 2003 through 2008, the average
number of snapper-grouper for-hire
permits in the South Atlantic was 1,811.
In 2009 and 2010, the average number
of South Atlantic snapper-grouper forhire permits per year increased to 1,953.
However, as of July 9, 2012, the number
of for-hire vessels with South Atlantic
for-hire snapper-grouper permits was
only 1,524. Florida is the homeport state
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for most of these vessels. For-hire
permits do not distinguish charter
vessels from headboats and thus the
specific number of charter vessels and
headboats with for-hire snapper-grouper
permits cannot be estimated. The
number of for-hire vessels that landed
snapper-grouper also cannot be
estimated based on currently available
data.
Prior to the closure, any for-hire
vessel with a for-hire snapper-grouper
permit could harvest red snapper
recreationally in the South Atlantic.
From 2003 through 2008, recreational
red snapper harvest in the South
Atlantic averaged approximately
403,000 lb (183,182 kg) annually.
Charter vessels and headboats
accounted for approximately 110,000 lb
(50,000 kg) and 62,000 lb (28,182 kg) of
this harvest, respectively. Although the
harvest or possession of red snapper in
the South Atlantic was prohibited in
2010 and 2011, some red snapper
continued to be harvested by the
recreational sector. From 2009 through
2011, recreational red snapper harvest
averaged about 346,000 lb (157,273 kg),
although most of this harvest was in
2009. Charter vessels and headboats
accounted for approximately 75,000 lb
(34,091 kg) and 51,000 lb (23,182 kg) of
this harvest, respectively.
Recreational snapper-grouper harvest
in the South Atlantic averaged
approximately 10.8 million lb (4.91
million kg) per year from 2005 through
2009. Charter vessels and headboats
accounted for approximately 1.6 million
lb (727,273 kg) and 1.4 million lb
(636,364 kg) of this harvest,
respectively. In 2010 and 2011,
recreational snapper-grouper harvest
averaged approximately 11.8 million lb
(5.36 million kg) annually, with charter
vessels and headboats each accounting
for 1.2 million lb (545,455 kg) of this
harvest, respectively.
Red snapper target effort in the
recreational sector averaged
approximately 57,300 trips per year in
the South Atlantic during 2005–2009.
While a prohibition on the possession of
recreationally harvested red snapper
need not result in the cancellation of a
target trip, the popularity of red snapper
as a food fish that recreational anglers
would prefer to retain rather than
release suggests that target effort would
be expected to decline in response to a
prohibition. As expected, red snapper
target effort significantly dropped to
about 4,000 trips in 2010 and became
practically non-existent in 2011.
For-hire vessels receive value from
the services they provide. Producer
surplus is the measure of the economic
value these operations receive. Producer
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surplus is the difference between the
gross revenue a business receives for a
good or service, such as a charter vessel
or headboat trip, and the cost the
business incurs to provide that good or
service. Estimates of the producer
surplus associated with snapper-grouper
or red snapper for-hire trips are not
available. However, proxy values in the
form of net operating revenue (NOR) are
available. NOR for charter vessels is
estimated to be $132 (2011 dollars) per
charter trip. Since targeting of red
snapper in the recreational sector was
practically non-existent in 2011, NOR
from trips targeting red snapper was
likely zero in 2011 for charter vessels.
In 2009, charter vessels in the South
Atlantic had average gross revenues of
approximately $109,700 (2011 dollars).
No charter vessels earned more than
$500,000 in gross revenues in 2009.
NOR per angler trip is lower for
headboats than for charter vessels. NOR
estimates for a representative headboat
trip are $48 in the Gulf of Mexico,
including all of Florida, and $63–$68 in
North Carolina. For full-day and
overnight headboat trips, NOR is
estimated to be $74–$77 in North
Carolina. These estimates are in 2009
dollars and comparable estimates are
not available for Georgia and South
Carolina. Based on this information,
NOR per headboat angler trip is
estimated to be approximately $70 in
2011 dollars. Since targeting of red
snapper in the recreational sector was
practically non-existent in 2011, NOR
from trips targeting red snapper was
likely zero in 2011 for headboats.
Headboats in the South Atlantic had
average gross revenues of approximately
$194,570 (2011 dollars).
Based on the information above, all
commercial fishing vessels and for-hire
fishing vessels expected to be directly
affected by this rule are determined for
the purpose of this analysis to be small
business entities.
For the action to establish a process
to determine future ACLs and season
lengths, establish a commercial fishing
season start date of the second Monday
in July, establish a recreational fishing
season start date of the second Friday in
July, establish a 75-lb (34-kg)
commercial trip limit, establish a
recreational bag limit of 1 fish per
person per day, and eliminate the
minimum size limit for red snapper, the
expected, direct economic effects cannot
be estimated quantitatively. Because
this action only establishes a process
and formulas for estimating potential
ACLs and the resulting season lengths
in 2013 and future years, and the data
to be used in those formulas are not yet
available, quantitative estimates of ACLs
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and season lengths for the commercial
and recreational sectors are not
currently available for 2013 and future
years. Because the ACLs and season
lengths for the commercial and
recreational sectors are currently
unknown, quantitative estimates of
potential changes in landings and gross
revenue for the commercial sector as
well target trips and NOR for the forhire sector in 2013 and future years
cannot be provided at this time.
However, this action generates a
positive probability the ACL will be
sufficiently large to allow for a
commercial and recreational season. In
turn, there is a positive probability that
gross revenue from landings of red
snapper in the commercial sector and,
to a lesser extent, NOR in the for-hire
sector from red snapper target trips
would be greater than zero. Thus, the
direct economic effects of this action are
generally expected to be positive in the
short-term. Long-term direct economic
effects are also expected to be positive,
as the probability of a fishing season
would still be positive, but are
dependent on information arising from
future stock assessments and the effect
of such information on estimates of ABC
in future years.
If there is a commercial fishing
season, gross revenue from the
commercial harvest of red snapper
would be positive and thus so too
would be the direct economic effects.
These direct economic effects are
expected to be slightly enhanced by the
commercial season start date of the
second Monday in July as red snapper
are typically caught on trips targeting
vermilion snapper and gag, which are
likely to be open to commercial harvest
at that time. Closure of vermilion
snapper to commercial harvest may
largely preclude commercial harvest of
red snapper and thus the positive
economic effects from a commercial
fishing season. Elimination of the red
snapper minimum size limit would also
be expected to slightly enhance these
positive economic effects as it would
allow commercial vessels to harvest the
ACL more quickly, thereby reducing
costs and increasing profits. Conversely,
the 75-lb (34-kg) commercial trip limit
is expected to slightly reduce these
positive economic effects by spreading
harvest over more trips, thereby
increasing costs and decreasing profits.
Similarly, if there is a recreational
fishing season, NOR from trips targeting
red snapper by for-hire vessels may be
positive. However, relative to the
commercial vessels, this outcome is less
likely for for-hire vessels as the
recreational ACL and the for-hire
sector’s share of the harvest would have
E:\FR\FM\29APP1.SGM
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Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Proposed Rules
to be sufficiently great to induce
targeting of red snapper and thereby
increase target effort. Since the
recreational ACL is expected to be
relatively small in the short-term and
the for-hire sector historically only
accounted for 10 percent of red snapper
target effort in the recreational sector,
the increase in for-hire vessels’ target
effort is likely to be minimal in the
short-term. NOR will only increase if
target effort for red snapper increases.
Because target effort for red snapper
has been historically high in July, a
recreational fishing season start date of
the second Friday in July may slightly
increase NOR as red snapper are
presumably more highly valued and
thus trips are more likely to target red
snapper at this time of year. Similarly,
a one-fish bag limit may also slightly
increase NOR by spreading harvest over
a larger number of trips, which would
increase NOR if the number of target
trips increases. Elimination of the
minimum size limit may also slightly
increase NOR by allowing anglers to
keep whatever size fish they catch,
which would increase the value of a trip
to anglers and thereby increase the
probability of a trip being taken, or
increasing trip length, which generates
higher gross revenue per trip.
The analysis above indicates that the
proposed changes would not be
expected to cause a significant
reduction in profits for a substantial
number of small entities. Because this
rule, if implemented, is not expected to
have a significant economic impact on
a substantial number of small entities,
an initial regulatory flexibility analysis
is not required and none has been
prepared.
No duplicative, overlapping, or
conflicting Federal rules have been
identified. This rule would not establish
any new reporting or record-keeping
requirements.
List of Subjects in 50 CFR Part 622
emcdonald on DSK67QTVN1PROD with PROPOSALS
Accountability measure, Annual
Catch Limit, Fisheries, Fishing, Red
Snapper, South Atlantic.
Dated: April 23, 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:
VerDate Mar<15>2010
14:14 Apr 26, 2013
Jkt 229001
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, 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 § 622.181, paragraph (b)(2) is
revised to read as follows:
■
§ 622.181
species.
Prohibited and limited-harvest
*
*
*
*
*
(b) * * *
(2) Red snapper. Red snapper may not
be harvested or possessed in or from the
South Atlantic EEZ, except if NMFS
determines a limited amount of red
snapper may be harvested or possessed
in or from the South Atlantic EEZ, as
specified in § 622.193(y). Red snapper
caught in the South Atlantic EEZ must
be released immediately with a
minimum of harm. In addition, for a
person on board a vessel for which a
valid Federal commercial or charter
vessel/headboat permit for South
Atlantic snapper-grouper has been
issued, the prohibition on the harvest or
possession of red snapper applies in the
South Atlantic, regardless of where such
fish are harvested or possessed, i.e., in
state or Federal waters.
*
*
*
*
*
■ 3. In § 622.183, paragraph (b)(5) is
added to read as follows:
§ 622.183
Area and seasonal closures.
*
*
*
*
*
(b) * * *
(5) Closures of the commercial and
recreational sectors for red snapper.—(i)
The commercial and recreational sectors
for red snapper are closed (i.e., red
snapper may not be harvested or
possessed, or sold or purchased) in or
from the South Atlantic EEZ, except if
NMFS determines a limited amount of
red snapper may be harvested or
possessed in or from the South Atlantic
EEZ, as specified in § 622.193(y). If
NMFS determines that commercial and
recreational fishing seasons for red
snapper may be established in a given
fishing year, NMFS will announce the
season opening dates in the Federal
Register. The recreational fishing season
would consist of consecutive Fridays,
Saturdays, and Sundays, unless
otherwise specified. NMFS will project
the length of the recreational fishing
season and announce the recreational
fishing season end date in the Federal
Register. See 622.193(y), for establishing
the end date of the commercial fishing
season.
(ii) If the RA determines tropical
storm or hurricane conditions exist, or
PO 00000
Frm 00047
Fmt 4702
Sfmt 4702
25051
are projected to exist, in the South
Atlantic, during a commercial or
recreational fishing season, the RA may
modify the opening and closing dates of
the fishing season by filing a
notification to that effect with the Office
of the Federal Register, and announcing
via NOAA Weather Radio and a Fishery
Bulletin any change in the dates of the
red snapper commercial or recreational
fishing season.
(iii) If the projected commercial or
recreational fishing season is
determined by NMFS to be 3 days or
less, then the commercial or recreational
fishing season will not open for that
fishing year.
§ 622.185
[Amended]
4. In § 622.185, paragraph (a)(1) is
removed and reserved.
■ 5. In § 622.187, paragraphs (b)(4) and
(9) are revised to read as follows:
■
§ 622.187
Bag and possession limits.
*
*
*
*
*
(b) * * *
(4) Snappers, combined—10.
However, excluded from this 10-fish bag
limit are cubera snapper, measuring 30
inches (76.2 cm), TL, or larger, in the
South Atlantic off Florida, and red
snapper and vermilion snapper. (See
§ 622.181(b)(2) for the prohibitions on
harvest or possession of red snapper,
except during a limited recreational
fishing season, and § 622.181(c)(1) for
limitations on cubera snapper
measuring 30 inches (76.2 cm), TL, or
larger, in or from the South Atlantic EEZ
off Florida.)
*
*
*
*
*
(9) Red snapper—0, except during a
limited recreational fishing season, as
specified in § 622.183(b)(5), during
which time the bag limit is 1 fish.
*
*
*
*
*
■ 6. In § 622.191, paragraph (a)(9) is
added to read as follows:
§ 622.191
Commercial trip limits.
*
*
*
*
*
(a) * * *
(9) Red snapper. During a limited
commercial fishing season, as specified
in § 622.183(b)(5), and until the
commercial ACL specified in
§ 622.49(b)(25)(i) is reached, 75 lb (34
kg), gutted weight. See § 622.49(b)(25)(i)
for the limitations regarding red snapper
after the commercial ACL is reached.
*
*
*
*
*
■ 7. In § 622.192, paragraph (j) is revised
to read as follows:
§ 622.192
Restrictions on sale/purchase.
*
*
*
*
*
(j) No person may sell or purchase a
red snapper harvested from or possessed
E:\FR\FM\29APP1.SGM
29APP1
25052
Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Proposed Rules
in the South Atlantic, i.e., state or
Federal waters, by a vessel for which a
Federal commercial vessel permit for
South Atlantic snapper-grouper has
been issued, except if NMFS determines
a limited commercial fishing season for
red snapper is allowable, as specified in
§ 622.183(b)(5).
■ 8. In § 622.193, paragraph (y) is added
to read as follows:
length of the recreational fishing season
for red snapper serves as the in-season
accountability measure. See
§ 622.183(b)(5) for details on the
recreational fishing season. On and after
the effective date of the recreational
closure notification, the bag and
possession limits for red snapper are
zero.
[FR Doc. 2013–10000 Filed 4–26–13; 8:45 am]
BILLING CODE 3510–22–P
*
emcdonald on DSK67QTVN1PROD with PROPOSALS
§ 622.193 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
DEPARTMENT OF COMMERCE
*
*
*
*
(y) Red snapper—(1) Commercial
sector. The commercial ACL for red
snapper is zero. However, if NMFS
determines that the previous year’s
estimated red snapper landings and
dead discards are less than the ABC,
limited red snapper harvest and
possession may be allowed for the
current fishing year and the commercial
ACL value would be determined using
the formula described in the FMP. The
AA will file a notification with the
Office of the Federal Register to
announce the limited commercial ACL
for the current fishing year. NMFS will
monitor commercial landings during the
limited season, and if commercial
landings, as estimated by the SRD, reach
or are projected to reach the commercial
ACL, based on the formula described in
the FMP, the AA will file a notification
with the Office of the Federal Register
to close the commercial sector for red
snapper for the remainder of the year.
On and after the effective date of the
closure notification, all sale or purchase
of red snapper is prohibited and harvest
or possession of red snapper is limited
to the bag and possession limits. This
bag and possession limit and the
prohibition on sale/purchase apply in
the South Atlantic on board a vessel for
which a valid Federal commercial or
charter vessel/headboat permit for
South Atlantic snapper-grouper has
been issued, without regard to where
such species were harvested or
possessed, i.e., in state or Federal
waters.
(2) Recreational sector. The
recreational ACL for red snapper is zero.
However, if NMFS determines that the
previous year’s estimated red snapper
landings and dead discards are less than
the ABC, limited red snapper harvest
and possession may be allowed for the
current fishing year and the recreational
ACL value would be determined using
the formula described in the FMP. The
AA will file a notification with the
Office of the Federal Register to
announce the limited recreational ACL
and the length of the recreational fishing
season for the current fishing year. The
VerDate Mar<15>2010
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Jkt 229001
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 130403319–3319–01]
RIN 0648–BD13
Fisheries of the Northeastern United
States; Recreational Management
Measures for the Summer Flounder,
Scup, and Black Sea Bass Fisheries;
Fishing Year 2013
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes management
measures for the 2013 summer flounder,
scup, and black sea bass recreational
fisheries. This rule also proposes to
implement an increase in the 2013 and
2014 black sea bass specifications,
consistent with a new acceptable
biological catch recommendation. The
implementing regulations for these
fisheries require NMFS to publish
recreational measures for the fishing
year and to provide an opportunity for
public comment. The intent of these
measures is to prevent overfishing of the
summer flounder, scup, and black sea
bass resources.
DATES: Comments must be received by
5 p.m. local time, on May 14, 2013.
ADDRESSES: You may submit comments
on this document, identified NOAA–
NMFS–2013–0060, 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-20130060, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Fax: (978) 281–9135, Attn:
Comments on 2013 Proposed Summer
Flounder, Scup, and Black Sea Bass
SUMMARY:
PO 00000
Frm 00048
Fmt 4702
Sfmt 4702
Recreational Measures, NOAA–NMFS–
2013–0060.
• Mail and Hand Delivery: John K.
Bullard, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great
Republic Drive, Gloucester, MA 01930.
Mark the outside of the envelope:
‘‘Comments on 2013 FSB Recreational
Measures.’’
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.
Copies of the Supplemental
Environmental Assessment and Initial
Regulatory Flexibility Analysis (SEA/
IRFA) and other supporting documents
for the recreational harvest measures are
available from Dr. Christopher M.
Moore, Executive Director, Mid-Atlantic
Fishery Management Council, Suite 201,
800 N. State Street, Dover, DE 19901.
The recreational harvest measures
document is also accessible via the
Internet at: https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Moira Kelly, Fishery Policy Analyst,
(978) 281–9218.
SUPPLEMENTARY INFORMATION:
General Background
The summer flounder, scup, and
black sea bass fisheries are managed
cooperatively under the provisions of
the Summer Flounder, Scup, and Black
Sea Bass Fishery Management Plan
(FMP) developed by the Mid-Atlantic
Fishery Management Council (Council)
and the Atlantic States Marine Fisheries
Commission (Commission), in
consultation with the New England and
South Atlantic Fishery Management
Councils. The management units
specified in the FMP include summer
flounder (Paralichthys dentatus) in U.S.
waters of the Atlantic Ocean from the
southern border of North Carolina (NC)
northward to the U.S./Canada border,
and scup (Stenotomus chrysops) and
black sea bass (Centropristis striata) in
U.S. waters of the Atlantic Ocean from
35 E. 13.3′ N. lat. (the latitude of Cape
E:\FR\FM\29APP1.SGM
29APP1
]]>Agencies
[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Proposed Rules]
[Pages 25047-25052]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10000]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 121004515-3385-01]
RIN 0648-BC63
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 28
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations to implement Amendment 28 to the
Fishery Management Plan for the Snapper-Grouper Fishery of the South
Atlantic Region (FMP), as prepared by the South Atlantic Fishery
Management Council (Council). If implemented, this rule would establish
a process for determining whether the limited harvest and possession of
red snapper in or from the South Atlantic exclusive economic zone (EEZ)
could occur during a given fishing year and establish a process for
setting commercial and recreational fishing seasons for red snapper
beginning in 2013. Amendment 28 also specifies the process and formulas
for setting commercial and recreational annual catch limits (ACLs) for
red snapper if limited fishing seasons may occur. This rule would
implement those ACLs and specify accountability measures (AMs) when the
limited harvest and possession of red snapper is allowed. During
limited fishing seasons, the rule would also eliminate the current red
snapper minimum size limit, establish a recreational bag limit and
establish a commercial trip limit for red snapper. In this rule, NMFS
intends to continue the rebuilding of the red snapper stock and to
provide socio-economic benefits to snapper-grouper fishermen and
communities that utilize the red snapper resource.
DATES: Written comments must be received on or before May 29, 2013.
ADDRESSES: You may submit comments on the amendment identified by
``NOAA-NMFS-2013-0040'' by any of the following methods:
Electronic submissions: Submit electronic comments via the
Federal e-Rulemaking Portal: https://www.regulations.gov. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0040, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Rick DeVictor, 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 Amendment 28, which includes an environmental
assessment, an initial regulatory flexibility analysis (IRFA), and a
regulatory impact review, may be obtained from the Southeast Regional
Office Web site at https://sero.nmfs.noaa.gov/sf/pdfs/SGAmend28.pdf.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, Southeast Regional
Office, telephone: 727-824-5305, or email: rick.devictor@noaa.gov.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic, which includes red snapper, 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
Red snapper are overfished and undergoing overfishing. The harvest
and possession of red snapper have been prohibited since January 4,
2010, initially through temporary rules (74 FR 63673, December 4, 2009
and 75 FR 27658, May 18, 2010), and then through the final rule to
implement Amendment 17A to the FMP (75 FR 76874, December 9, 2010).
Amendment 17A continued the prohibitions on a permanent basis by
implementing an ACL for red snapper of zero (landings only). Amendment
17A also implemented a rebuilding plan for red snapper, which
[[Page 25048]]
specifies that red snapper biomass must increase to the target rebuilt
level in 35 years, starting from 2010. The final rule implementing
Amendment 17A also included a large area closure for most snapper-
grouper species, however, this area closure did not become effective
because it was determined not to be necessary to end the overfishing of
red snapper (76 FR 23728, April 28, 2011). At its June 2012 meeting,
the Council received new information from NMFS regarding discard
estimates for red snapper. Using these data, the Council and NMFS
determined that a limited season for red snapper was possible in 2012.
At the Council's request, NMFS implemented emergency rulemaking to
allow for the limited harvest and possession of red snapper in or from
the South Atlantic EEZ in 2012 (77 FR 51939, August 28, 2012).
Status of the Stock
The most recent Southeast Data, Assessment, and Review (SEDAR)
benchmark stock assessment for red snapper, SEDAR 24, was completed in
October 2010. Much like the stock assessment completed in 2008, this
assessment showed red snapper to be overfished and undergoing
overfishing, but also showed that red snapper were undergoing
overfishing at a lower rate than found in the 2008 stock assessment.
The next benchmark stock assessment for red snapper is scheduled for
2014.
Measures Contained in This Proposed Rule
This rule would implement several management measures to allow for
the limited harvest and possession of red snapper in or from the South
Atlantic EEZ. When the Council approved, and NMFS implemented, the
temporary rule through emergency action in 2012, they determined that
retention of a limited number of red snapper (13,097 fish) would not
jeopardize the rebuilding of the red snapper stock because the
estimated discard mortality level for 2012 was below the acceptable
biological catch (ABC). In Amendment 28, the Council has developed a
process to evaluate whether a similar limited harvest season could
occur each year, beginning in 2013.
Process for Determining the Limited Annual Red Snapper Harvest
Amendment 28 describes the annual process developed by the Council
for determining whether a limited fishing season for red snapper will
occur and how much red snapper may be harvested. The ABC is determined
through the Council's ABC control rule and the rebuilding projections
from the most recent stock assessment. Estimated landings and dead
discards of red snapper from the previous year should be available
around March of each year, and NMFS would use that information in
formulas approved by the Council in Amendment 28. If NMFS determines,
using the formulas, that the estimated landings and dead discards that
occurred in the previous year are equal to or greater than the ABC for
the current year, no harvest would be allowed and the ACL would remain
equal to zero. However, if NMFS determines, using the formulas, that
the previous year's estimated landings and dead discards are less than
the ABC, then the ACL would be set to the amount of harvest that may be
allowed for the current year.
Setting the Commercial and Recreational Red Snapper Fishing Seasons
If NMFS determines limited commercial and recreational fishing
seasons are allowed for that fishing year, NMFS would announce the
commercial and recreational fishing season start dates in the Federal
Register and by other methods, as deemed appropriate. The commercial
fishing season would begin on or close to the second Monday in July,
and the recreational fishing season, which would consist of weekends
only (Fridays, Saturdays, and Sundays), would begin on or close to the
second Friday of July. If the fishing seasons do not open exactly on
these dates, they would open as close to these dates as possible. NMFS
would not announce the season end date for the commercial sector before
the season starts, but would monitor harvest and close the commercial
sector when the commercial ACL has been reached or projected to be
reached by filing an in-season closure notification with the Office of
the Federal Register. After the commercial sector closes, sale and
purchase of red snapper are prohibited and harvest and possession of
red snapper are limited to the bag and possession limits. NMFS would
project when the recreational ACL would be reached and announce the
fishing season end date in the Federal Register. The recreational
season length would be based on an evaluation of historical harvest
levels and fishing effort.
If the NMFS Regional Administrator (RA) determines tropical storm
or hurricane conditions exist, or are projected to exist, in the South
Atlantic during the commercial or recreational fishing seasons, this
rule would allow the RA to modify the opening and closing dates by
filing a notification to that effect with the Office of the Federal
Register, and announcing via NOAA Weather Radio and Fishery Bulletin
any change in the red snapper commercial or recreational fishing
seasons. Additionally, the Council decided that if the projected
commercial or recreational fishing season is determined by NMFS to be 3
days or less, then the commercial or recreational fishing season would
not open for that fishing year because that short time period would not
provide sufficient fishing opportunity for the public.
ACLs
Amendment 28 includes formulas for determining the commercial and
recreational ACLs on an annual basis. The formulas are based on total
removals (landings plus discards) from prior fishing years. The
formulas would provide the total ACL for limited fishing seasons. Using
the current allocation ratio for red snapper (28.07 percent commercial
and 71.93 percent recreational), NMFS would then determine the
commercial and recreational ACLs. When finalized data from the prior
fishing years are available and NMFS determines that limited fishing
seasons are allowable, NMFS would publish a notification with the
Office of the Federal Register to announce the commercial and
recreational ACLs for limited fishing seasons for that fishing year.
AMs
During limited fishing seasons, the Council and NMFS would
establish in-season AMs to prevent these ACLs from being exceeded. If
red snapper harvest is allowed in a given fishing year, the commercial
in-season AM requires that if commercial landings reach or are
projected to reach the commercial ACL, then NMFS would close the
commercial sector for red snapper for the remainder of the fishing
year. After the commercial sector closes, sale and purchase of red
snapper would be prohibited and harvest and possession of red snapper
would be limited to the bag and possession limits until the
recreational fishing season closes. The recreational in-season AM is
the length of the recreational fishing season as determined by NMFS and
announced in the Federal Register. After the recreational fishing
season closes, the bag and possesion limits for red snapper would be
zero. If both the commercial and recreational sectors are closed, it
would be unlawful to harvest or possess red snapper.
[[Page 25049]]
Other Management Measures
In order to reduce the probability of an overage of the commercial
and recreational ACLs during the limited open seasons, this rule would
implement a 75-lb (34-kg) commercial trip limit and a 1-fish per person
recreational bag limit. The rule would also remove the 20-inch (51-cm),
total length (TL), minimum size limit for both the commercial and
recreational sectors to decrease regulatory discards of red snapper
(fish returned to the water because they are below the minimum size
limit).
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator (AA) has determined that this rule is
consistent with Amendment 28, other provisions of the Magnuson-Stevens
Act, and other applicable law, subject to further consideration after
public comment.
This 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 rule, if adopted, would not have a significant
economic impact on a substantial number of small entities. The factual
basis for this determination is as follows.
The purpose of the rule is to continue the rebuilding of the red
snapper stock and to increase the social and economic benefits to
fishermen and fishing communities that utilize the red snapper
component of the snapper-grouper fishery while also minimizing safety
at sea concerns, the probability of ACL overages, and discard mortality
of red snapper. The Magnuson-Stevens Act serves as the legal basis for
the rule.
This rule is expected to directly affect commercial fishing vessels
that possess commercial snapper-grouper permits and for-hire vessels
that possess for-hire snapper-grouper permits for the South Atlantic.
The Small Business Administration has established size criteria for all
major industry sectors in the U.S. including fish harvesters. A
business involved in fish harvesting is classified as a small business
if it is independently owned and operated, is not dominant in its field
of operation (including its affiliates), and has combined annual
receipts not in excess of $4.0 million (NAICS code 114111, finfish
fishing) for all its affiliated operations worldwide. For for-hire
vessels, the other qualifiers apply and the receipts threshold is $7.0
million (NAICS code 713990, recreational industries).
From 2003 through 2007, the average number of vessels with
commercial South Atlantic snapper-grouper permits was 944, of which 749
were transferable and 195 were non-transferable. Transferable permits
have no limit on landings per trip, except for species subject to trip
limits, while non-transferable permits are restricted to 225 lb (102
kg) of landings per trip, unless the regulations specify a lower
amount. For 2008 through 2010, the average number of vessels with
commercial snapper-grouper permits decreased to 788, of which 643 were
transferable permits and 145 non-transferable permits. As of July 9,
2012, the number of vessels with commercial snapper-grouper permits had
decreased further to 694, of which 568 were transferable and 126 were
non-transferable.
Prior to the closure, any commercial vessel with a commercial
snapper-grouper permit could commercially harvest red snapper in the
South Atlantic. Commercially harvested red snapper are landed mostly in
Georgia and northeast Florida (landings from Georgia and Florida are
combined for confidentiality considerations), followed by North
Carolina and South Carolina, and are mainly caught with vertical lines.
On average, 220 commercial vessels landed at least 1 lb (0.45 kg) of
red snapper per year between 2003 and 2007. Of these 220 commercial
vessels, 102 landed less than 100 lb (45 kg) of red snapper per year,
84 landed between 101 lb (46 kg) and 1,000 lb (455 kg), and only 34
landed more than 1,000 lb (455 kg). In addition, red snapper was not
the primary revenue species on most commercial trips that harvested red
snapper during those years. On average, red snapper was the primary
source of trip revenue on only 163 commercial trips per year, or only
12 percent of the commercial trips on which it was landed. These trips
accounted for approximately 31 percent of the total commercial red
snapper landings.
From 2005 through 2009, the average number of vessels commercially
harvesting at least 1 lb (0.45 kg) of red snapper per year increased to
230, and peaked at 270 vessels in 2009. The impending prohibition on
the commercial harvest of red snapper in 2010, as well as the closure
of vermilion snapper to commercial harvest in September 2009, most
likely caused this increase in participation. Vermilion snapper is the
primary target species on trips catching red snapper and a primary
substitute species for red snapper in seafood markets.
From 2003 through 2007, commercial landings of red snapper averaged
approximately 121,000 lb (55,000 kg) annually, which generated average
annual gross revenue of $488,030 (2011 dollars). From 2005 through
2009, commercial landings of red snapper averaged approximately 171,000
lb (77,727 kg) while gross revenue averaged approximately $709,441 per
year. Thus, during this time, the average price of commercially
harvested red snapper was approximately $4.15 per pound. Further,
average annual red snapper commercial landings and gross revenue were
approximately 743 lb (337 kg) and $3,085 per vessel, respectively.
Because the commercial harvest and sale of red snapper were prohibited
in 2010 and 2011, landings and gross revenue data from these years are
the most currently available for red snapper.
From 2003 through 2007, an average of 890 commercial vessels per
year harvested snapper-grouper species. For 2008 through 2011, an
average of 865 commercial vessels harvested snapper-grouper species per
year. Average annual commercial landings of all snapper-grouper species
in the South Atlantic from 2003 through 2007 were approximately 6.43
million lb (2.92 million kg) which generated approximately $14.98
million in gross revenue. For 2008 through 2011, these figures
decreased to 5.03 million lb (2.29 million kg) and $13.66 million,
respectively. From 2003 through 2007, total landings of all species by
vessels harvesting snapper-grouper averaged approximately 11.24 million
lb (5.11 million kg) which generated $24.74 million in gross revenue
per year. For 2008 through 2011, average total landings of all species
by vessels harvesting snapper-grouper increased slightly to 12.21
million lb (5.55 million kg) per year, while average annual gross
revenue decreased slightly to $23.86 million. Thus, for 2008 through
2011, average annual gross revenue per vessel in the snapper-grouper
fishery was approximately $27,584. Red snapper accounted for none of
these vessels' gross revenue in 2010 and 2011 due to the prohibitions
on commercial harvest and sale. In 2011, the maximum annual gross
revenue for a commercial snapper-grouper vessel was $618,272.
From 2003 through 2008, the average number of snapper-grouper for-
hire permits in the South Atlantic was 1,811. In 2009 and 2010, the
average number of South Atlantic snapper-grouper for-hire permits per
year increased to 1,953. However, as of July 9, 2012, the number of
for-hire vessels with South Atlantic for-hire snapper-grouper permits
was only 1,524. Florida is the homeport state
[[Page 25050]]
for most of these vessels. For-hire permits do not distinguish charter
vessels from headboats and thus the specific number of charter vessels
and headboats with for-hire snapper-grouper permits cannot be
estimated. The number of for-hire vessels that landed snapper-grouper
also cannot be estimated based on currently available data.
Prior to the closure, any for-hire vessel with a for-hire snapper-
grouper permit could harvest red snapper recreationally in the South
Atlantic. From 2003 through 2008, recreational red snapper harvest in
the South Atlantic averaged approximately 403,000 lb (183,182 kg)
annually. Charter vessels and headboats accounted for approximately
110,000 lb (50,000 kg) and 62,000 lb (28,182 kg) of this harvest,
respectively. Although the harvest or possession of red snapper in the
South Atlantic was prohibited in 2010 and 2011, some red snapper
continued to be harvested by the recreational sector. From 2009 through
2011, recreational red snapper harvest averaged about 346,000 lb
(157,273 kg), although most of this harvest was in 2009. Charter
vessels and headboats accounted for approximately 75,000 lb (34,091 kg)
and 51,000 lb (23,182 kg) of this harvest, respectively.
Recreational snapper-grouper harvest in the South Atlantic averaged
approximately 10.8 million lb (4.91 million kg) per year from 2005
through 2009. Charter vessels and headboats accounted for approximately
1.6 million lb (727,273 kg) and 1.4 million lb (636,364 kg) of this
harvest, respectively. In 2010 and 2011, recreational snapper-grouper
harvest averaged approximately 11.8 million lb (5.36 million kg)
annually, with charter vessels and headboats each accounting for 1.2
million lb (545,455 kg) of this harvest, respectively.
Red snapper target effort in the recreational sector averaged
approximately 57,300 trips per year in the South Atlantic during 2005-
2009. While a prohibition on the possession of recreationally harvested
red snapper need not result in the cancellation of a target trip, the
popularity of red snapper as a food fish that recreational anglers
would prefer to retain rather than release suggests that target effort
would be expected to decline in response to a prohibition. As expected,
red snapper target effort significantly dropped to about 4,000 trips in
2010 and became practically non-existent in 2011.
For-hire vessels receive value from the services they provide.
Producer surplus is the measure of the economic value these operations
receive. Producer surplus is the difference between the gross revenue a
business receives for a good or service, such as a charter vessel or
headboat trip, and the cost the business incurs to provide that good or
service. Estimates of the producer surplus associated with snapper-
grouper or red snapper for-hire trips are not available. However, proxy
values in the form of net operating revenue (NOR) are available. NOR
for charter vessels is estimated to be $132 (2011 dollars) per charter
trip. Since targeting of red snapper in the recreational sector was
practically non-existent in 2011, NOR from trips targeting red snapper
was likely zero in 2011 for charter vessels. In 2009, charter vessels
in the South Atlantic had average gross revenues of approximately
$109,700 (2011 dollars). No charter vessels earned more than $500,000
in gross revenues in 2009.
NOR per angler trip is lower for headboats than for charter
vessels. NOR estimates for a representative headboat trip are $48 in
the Gulf of Mexico, including all of Florida, and $63-$68 in North
Carolina. For full-day and overnight headboat trips, NOR is estimated
to be $74-$77 in North Carolina. These estimates are in 2009 dollars
and comparable estimates are not available for Georgia and South
Carolina. Based on this information, NOR per headboat angler trip is
estimated to be approximately $70 in 2011 dollars. Since targeting of
red snapper in the recreational sector was practically non-existent in
2011, NOR from trips targeting red snapper was likely zero in 2011 for
headboats. Headboats in the South Atlantic had average gross revenues
of approximately $194,570 (2011 dollars).
Based on the information above, all commercial fishing vessels and
for-hire fishing vessels expected to be directly affected by this rule
are determined for the purpose of this analysis to be small business
entities.
For the action to establish a process to determine future ACLs and
season lengths, establish a commercial fishing season start date of the
second Monday in July, establish a recreational fishing season start
date of the second Friday in July, establish a 75-lb (34-kg) commercial
trip limit, establish a recreational bag limit of 1 fish per person per
day, and eliminate the minimum size limit for red snapper, the
expected, direct economic effects cannot be estimated quantitatively.
Because this action only establishes a process and formulas for
estimating potential ACLs and the resulting season lengths in 2013 and
future years, and the data to be used in those formulas are not yet
available, quantitative estimates of ACLs and season lengths for the
commercial and recreational sectors are not currently available for
2013 and future years. Because the ACLs and season lengths for the
commercial and recreational sectors are currently unknown, quantitative
estimates of potential changes in landings and gross revenue for the
commercial sector as well target trips and NOR for the for-hire sector
in 2013 and future years cannot be provided at this time.
However, this action generates a positive probability the ACL will
be sufficiently large to allow for a commercial and recreational
season. In turn, there is a positive probability that gross revenue
from landings of red snapper in the commercial sector and, to a lesser
extent, NOR in the for-hire sector from red snapper target trips would
be greater than zero. Thus, the direct economic effects of this action
are generally expected to be positive in the short-term. Long-term
direct economic effects are also expected to be positive, as the
probability of a fishing season would still be positive, but are
dependent on information arising from future stock assessments and the
effect of such information on estimates of ABC in future years.
If there is a commercial fishing season, gross revenue from the
commercial harvest of red snapper would be positive and thus so too
would be the direct economic effects. These direct economic effects are
expected to be slightly enhanced by the commercial season start date of
the second Monday in July as red snapper are typically caught on trips
targeting vermilion snapper and gag, which are likely to be open to
commercial harvest at that time. Closure of vermilion snapper to
commercial harvest may largely preclude commercial harvest of red
snapper and thus the positive economic effects from a commercial
fishing season. Elimination of the red snapper minimum size limit would
also be expected to slightly enhance these positive economic effects as
it would allow commercial vessels to harvest the ACL more quickly,
thereby reducing costs and increasing profits. Conversely, the 75-lb
(34-kg) commercial trip limit is expected to slightly reduce these
positive economic effects by spreading harvest over more trips, thereby
increasing costs and decreasing profits.
Similarly, if there is a recreational fishing season, NOR from
trips targeting red snapper by for-hire vessels may be positive.
However, relative to the commercial vessels, this outcome is less
likely for for-hire vessels as the recreational ACL and the for-hire
sector's share of the harvest would have
[[Page 25051]]
to be sufficiently great to induce targeting of red snapper and thereby
increase target effort. Since the recreational ACL is expected to be
relatively small in the short-term and the for-hire sector historically
only accounted for 10 percent of red snapper target effort in the
recreational sector, the increase in for-hire vessels' target effort is
likely to be minimal in the short-term. NOR will only increase if
target effort for red snapper increases.
Because target effort for red snapper has been historically high in
July, a recreational fishing season start date of the second Friday in
July may slightly increase NOR as red snapper are presumably more
highly valued and thus trips are more likely to target red snapper at
this time of year. Similarly, a one-fish bag limit may also slightly
increase NOR by spreading harvest over a larger number of trips, which
would increase NOR if the number of target trips increases. Elimination
of the minimum size limit may also slightly increase NOR by allowing
anglers to keep whatever size fish they catch, which would increase the
value of a trip to anglers and thereby increase the probability of a
trip being taken, or increasing trip length, which generates higher
gross revenue per trip.
The analysis above indicates that the proposed changes would not be
expected to cause a significant reduction in profits for a substantial
number of small entities. Because this rule, if implemented, is not
expected to have a significant economic impact on a substantial number
of small entities, an initial regulatory flexibility analysis is not
required and none has been prepared.
No duplicative, overlapping, or conflicting Federal rules have been
identified. This rule would not establish any new reporting or record-
keeping requirements.
List of Subjects in 50 CFR Part 622
Accountability measure, Annual Catch Limit, Fisheries, Fishing, Red
Snapper, South Atlantic.
Dated: April 23, 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 OF MEXICO, 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. 622.181, paragraph (b)(2) is revised to read as follows:
Sec. 622.181 Prohibited and limited-harvest species.
* * * * *
(b) * * *
(2) Red snapper. Red snapper may not be harvested or possessed in
or from the South Atlantic EEZ, except if NMFS determines a limited
amount of red snapper may be harvested or possessed in or from the
South Atlantic EEZ, as specified in Sec. 622.193(y). Red snapper
caught in the South Atlantic EEZ must be released immediately with a
minimum of harm. In addition, for a person on board a vessel for which
a valid Federal commercial or charter vessel/headboat permit for South
Atlantic snapper-grouper has been issued, the prohibition on the
harvest or possession of red snapper applies in the South Atlantic,
regardless of where such fish are harvested or possessed, i.e., in
state or Federal waters.
* * * * *
0
3. In Sec. 622.183, paragraph (b)(5) is added to read as follows:
Sec. 622.183 Area and seasonal closures.
* * * * *
(b) * * *
(5) Closures of the commercial and recreational sectors for red
snapper.--(i) The commercial and recreational sectors for red snapper
are closed (i.e., red snapper may not be harvested or possessed, or
sold or purchased) in or from the South Atlantic EEZ, except if NMFS
determines a limited amount of red snapper may be harvested or
possessed in or from the South Atlantic EEZ, as specified in Sec.
622.193(y). If NMFS determines that commercial and recreational fishing
seasons for red snapper may be established in a given fishing year,
NMFS will announce the season opening dates in the Federal Register.
The recreational fishing season would consist of consecutive Fridays,
Saturdays, and Sundays, unless otherwise specified. NMFS will project
the length of the recreational fishing season and announce the
recreational fishing season end date in the Federal Register. See
622.193(y), for establishing the end date of the commercial fishing
season.
(ii) If the RA determines tropical storm or hurricane conditions
exist, or are projected to exist, in the South Atlantic, during a
commercial or recreational fishing season, the RA may modify the
opening and closing dates of the fishing season by filing a
notification to that effect with the Office of the Federal Register,
and announcing via NOAA Weather Radio and a Fishery Bulletin any change
in the dates of the red snapper commercial or recreational fishing
season.
(iii) If the projected commercial or recreational fishing season is
determined by NMFS to be 3 days or less, then the commercial or
recreational fishing season will not open for that fishing year.
Sec. 622.185 [Amended]
0
4. In Sec. 622.185, paragraph (a)(1) is removed and reserved.
0
5. In Sec. 622.187, paragraphs (b)(4) and (9) are revised to read as
follows:
Sec. 622.187 Bag and possession limits.
* * * * *
(b) * * *
(4) Snappers, combined--10. However, excluded from this 10-fish bag
limit are cubera snapper, measuring 30 inches (76.2 cm), TL, or larger,
in the South Atlantic off Florida, and red snapper and vermilion
snapper. (See Sec. 622.181(b)(2) for the prohibitions on harvest or
possession of red snapper, except during a limited recreational fishing
season, and Sec. 622.181(c)(1) for limitations on cubera snapper
measuring 30 inches (76.2 cm), TL, or larger, in or from the South
Atlantic EEZ off Florida.)
* * * * *
(9) Red snapper--0, except during a limited recreational fishing
season, as specified in Sec. 622.183(b)(5), during which time the bag
limit is 1 fish.
* * * * *
0
6. In Sec. 622.191, paragraph (a)(9) is added to read as follows:
Sec. 622.191 Commercial trip limits.
* * * * *
(a) * * *
(9) Red snapper. During a limited commercial fishing season, as
specified in Sec. 622.183(b)(5), and until the commercial ACL
specified in Sec. 622.49(b)(25)(i) is reached, 75 lb (34 kg), gutted
weight. See Sec. 622.49(b)(25)(i) for the limitations regarding red
snapper after the commercial ACL is reached.
* * * * *
0
7. In Sec. 622.192, paragraph (j) is revised to read as follows:
Sec. 622.192 Restrictions on sale/purchase.
* * * * *
(j) No person may sell or purchase a red snapper harvested from or
possessed
[[Page 25052]]
in the South Atlantic, i.e., state or Federal waters, by a vessel for
which a Federal commercial vessel permit for South Atlantic snapper-
grouper has been issued, except if NMFS determines a limited commercial
fishing season for red snapper is allowable, as specified in Sec.
622.183(b)(5).
0
8. In Sec. 622.193, paragraph (y) is added to read as follows:
Sec. 622.193 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(y) Red snapper--(1) Commercial sector. The commercial ACL for red
snapper is zero. However, if NMFS determines that the previous year's
estimated red snapper landings and dead discards are less than the ABC,
limited red snapper harvest and possession may be allowed for the
current fishing year and the commercial ACL value would be determined
using the formula described in the FMP. The AA will file a notification
with the Office of the Federal Register to announce the limited
commercial ACL for the current fishing year. NMFS will monitor
commercial landings during the limited season, and if commercial
landings, as estimated by the SRD, reach or are projected to reach the
commercial ACL, based on the formula described in the FMP, the AA will
file a notification with the Office of the Federal Register to close
the commercial sector for red snapper for the remainder of the year. On
and after the effective date of the closure notification, all sale or
purchase of red snapper is prohibited and harvest or possession of red
snapper is limited to the bag and possession limits. This bag and
possession limit and the prohibition on sale/purchase apply in the
South Atlantic on board a vessel for which a valid Federal commercial
or charter vessel/headboat permit for South Atlantic snapper-grouper
has been issued, without regard to where such species were harvested or
possessed, i.e., in state or Federal waters.
(2) Recreational sector. The recreational ACL for red snapper is
zero. However, if NMFS determines that the previous year's estimated
red snapper landings and dead discards are less than the ABC, limited
red snapper harvest and possession may be allowed for the current
fishing year and the recreational ACL value would be determined using
the formula described in the FMP. The AA will file a notification with
the Office of the Federal Register to announce the limited recreational
ACL and the length of the recreational fishing season for the current
fishing year. The length of the recreational fishing season for red
snapper serves as the in-season accountability measure. See Sec.
622.183(b)(5) for details on the recreational fishing season. On and
after the effective date of the recreational closure notification, the
bag and possession limits for red snapper are zero.
[FR Doc. 2013-10000 Filed 4-26-13; 8:45 am]
BILLING CODE 3510-22-P
