Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures, 49440-49443 [2013-19729]
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49440
Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Proposed Rules
ACTIONS FUNDED IN PREVIOUS FYS AND FY 2013 BUT NOT YET COMPLETED—Continued
Species
Action
Dakota skipper (LPN = 8) and Poweshiek skipperling (LPN = 2) .................................................................................
Vandenberg monkeyflower .............................................................................................................................................
Yellow-billed cuckoo (western U.S. DPS) ......................................................................................................................
2 Brazos River fish (smalleyed shiner and sharpnose shiner) ......................................................................................
Georgia rockcress ...........................................................................................................................................................
2 Sierra plants (webber ivesia, soldier meadows cinquefoil) .........................................................................................
Oregon spotted frog ........................................................................................................................................................
2 Florida butterflies (Bartram’s hairstreak and Florida leafwing) ...................................................................................
Greater sage-grouse, bi-State DPS ...............................................................................................................................
3 species Caribbean plants (Cordia rupicola, Gonocalyx concolor, Agave eggersiana) ...............................................
Canada lynx—New Mexico ............................................................................................................................................
White River beardtongue ................................................................................................................................................
2 Florida pine rockland plants (Carter’s small-flowered flax and Florida brickell-bush) ................................................
3 Southeast plants (whorled sunflower, gladecress, and Short’s bladderpod) ..............................................................
Washington ground squirrel ............................................................................................................................................
2 San Diego plants (Orcutt’s hazardia and Brand’s Phacelia) ......................................................................................
Xantus’s murrelet ............................................................................................................................................................
Kittlitz’s murrelet .............................................................................................................................................................
Yellow-billed loon ............................................................................................................................................................
Florida bristle fern ...........................................................................................................................................................
Ashy storm-petrel ............................................................................................................................................................
Eastern small-footed bat and northern long-eared bat ..................................................................................................
Rattlesnake-master borer moth ......................................................................................................................................
Proposed listing.
Proposed listing.
Proposed listing.
Proposed listing.
Proposed listing.
Proposed listing.
Proposed listing.
Proposed listing.
Proposed listing.
Proposed listing.
Proposed listing.
Proposed listing.
Proposed listing.
Proposed listing.
Proposed listing.
Proposed listing.
Proposed listing.
Proposed listing.
Proposed listing.
Proposed listing.
12-month petition finding/
proposed listing.
12-month petition finding/
proposed listing.
12-month petition finding.
Actions with Statutory Deadlines
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Alexander Archipelago wolf ............................................................................................................................................
Another way that we have been
expeditious in making progress to add
qualified species to the Lists is that we
have endeavored to make our listing
actions as efficient and timely as
possible, given the requirements of the
relevant law and regulations, and
constraints relating to workload and
personnel. We are continually
considering ways to streamline
processes or achieve economies of scale,
such as by batching related actions
together. Given our limited budget for
implementing section 4 of the ESA,
these efforts also contribute towards
finding that we are making expeditious
progress to add qualified species to the
Lists.
The rattlesnake-master borer moth
will be added to the list of candidate
species upon publication of this 12month finding. We will continue to
monitor the status of this species as new
information becomes available. This
review will determine if a change in
status is warranted, including the need
to make prompt use of emergency listing
procedures.
We intend that any proposed listing
action for the rattlesnake-master borer
moth will be as accurate as possible.
Therefore, we will continue to accept
additional information and comments
from all concerned governmental
agencies, the scientific community,
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industry, or any other interested party
concerning this finding.
The rattlesnake-master borer moth
will be added to the list of candidate
species upon publication of this 12month finding. We will continue to
evaluate this species as new information
becomes available. Continuing review
will determine if a change in status is
warranted, including the need to make
prompt use of emergency listing
procedures.
We intend that any proposed listing
determination for the rattlesnake-master
borer moth will be as accurate as
possible. Therefore, we will continue to
accept additional information and
comments from all concerned
governmental agencies, the scientific
community, industry, or any other
interested party concerning this finding.
References Cited
A complete list of references cited is
available on the Internet at https://
www.regulations.gov and upon request
from the Rock Island, Illinois Ecological
Services Field Office (see ADDRESSES
section).
Author(s)
The primary author(s) of this notice
are the staff members of the Rock Island,
Illinois Ecological Services Field Office.
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90-day petition finding.
Authority
The authority for this section is
section 4 of the Endangered Species Act
of 1973, as amended (16 U.S.C. 1531 et
seq.).
Dated: August 5, 2013.
Rowan W. Gould,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2013–19632 Filed 8–13–13; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 130627573–3573–01]
RIN 0648–BD39
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Red
Snapper Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in a
SUMMARY:
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Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Proposed Rules
framework action 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
increase the 2013 commercial and
recreational quotas for red snapper in
the Gulf of Mexico (Gulf) reef fish
fishery and re-open the red snapper
recreational season for 2013. This
proposed rule is intended to help
achieve optimum yield (OY) for the Gulf
red snapper resource without increasing
the risk of red snapper experiencing
overfishing.
Written comments must be
received on or before August 29, 2013.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2013–0115’’ 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-20130115, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Susan Gerhart, 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 framework
action, which includes an
environmental assessment, a regulatory
impact review, and a Regulatory
Flexibility Act analysis may be obtained
from the Southeast Regional Office Web
site at https://sero.nmfs.noaa.gov/
sustainable_fisheries/gulf_fisheries/
reef_fish/.
FOR FURTHER INFORMATION CONTACT:
Susan Gerhart, Southeast Regional
Office, NMFS, telephone 727–824–5305;
email: Susan.Gerhart@noaa.gov.
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DATES:
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NMFS and
the Council manage the Gulf reef fish
fishery under the FMP. The Council
prepared the FMP and NMFS
implements the FMP through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
SUPPLEMENTARY INFORMATION:
Background
The Southeast Data, Assessment, and
Review (SEDAR) benchmark assessment
for Gulf red snapper (SEDAR 31),
conducted in 2013, determined that the
acceptable biological catch (ABC) for
red snapper could be increased. The
stock is no longer undergoing
overfishing. However, it remains
overfished and is under a rebuilding
plan through 2032.
The Council’s Scientific and
Statistical Committee (SSC) met in May
2013 to review SEDAR 31, and
recommended an ABC of 13.5 million lb
(6.1 million kg), round weight, for the
2013 fishing year, 11.9 million lb (5.4
million kg), round weight, for the 2014
fishing year, and 10.6 million lb (4.8
million kg), round weight, for the 2015
fishing year. The Council met in July
2013 and voted to implement an
allowable catch of 11.0 million lb (5.0
million kg), round weight. This is an
increase of 2.54 million lb (1.15 million
kg), round weight, from the allowable
catch currently in effect. The Council
determined that implementing an
allowable catch of 11.0 million lb (5.0
million kg), round weight, would allow
the quotas in the following years to
remain constant or increase. Although
the proposed quota would exceed the
current ABC in 2015 if continued
beyond 2014, the SSC will review the
new projections in August 2013 and is
expected to provide new ABCs based on
a constant catch scenario. Any new
ABCs recommended by the SSC would
be announced in the final rule for this
action. The Council will review the
SSC’s new ABC recommendations at its
August 2013 meeting and determine
whether further revision of the
allowable catch is necessary. If revisions
to the allowable catch are necessary,
NMFS would publish subsequent
proposed and final rulemaking. An
update assessment is scheduled for red
snapper in 2015 and could also result in
a change in the ABC and allowable
catch at that time.
The increase to the current 2013
commercial quota of 1.295 million lb
(587,402 kg), round weight, would be
distributed to shareholders in the
individual fishing quota (IFQ) program
for Gulf red snapper on or shortly after
the effective date of the final rule. The
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49441
increase to the current 2013 recreational
quota of 1.245 million lb (564,723 kg),
round weight, could allow a
supplemental red snapper recreational
fishing season, if additional quota is
available after the June landings are
known. The supplemental season would
open October 1, 2013; the end date
would be published in the final rule.
The Council also considered modifying
the reopening of the red snapper
recreational fishing season to be on
weekends only, but the Council
preferred to retain a continuous open
season.
Management Measures Contained in
This Proposed Rule
This rule would set the commercial
and recreational quotas for red snapper
based on the allowable catch of 11.0
million lb (5.0 million kg), round
weight, and the current commercial and
recreational allocations (51 percent
commercial and 49 percent
recreational). Therefore, the commercial
quota would be set at 5.610 million lb
(2.545 million kg), round weight, and
the recreational quota would be set at
5.390 million lb (2.445 million kg),
round weight.
Red Snapper Recreational Fishing
Season
Under 50 CFR 622.34 (m), the red
snapper recreational fishing season
opens each year on June 1 and closes
when the recreational quota is projected
to be reached. Prior to June 1 each year,
NMFS projects the closing date based on
the previous year’s data, and notifies the
public of the closing date for the
upcoming season. If subsequent data
indicate that the quota has not been
reached by that closing date, NMFS may
reopen the season.
If this rule is implemented and the
recreational quota for red snapper were
to increase, NMFS may be able to
reopen the recreational season for red
snapper during 2013, if additional quota
is available after the June landings are
known. This would allow fishermen the
opportunity to harvest the additional
quota, without jeopardizing the stock of
undergoing overfishing or impeding
rebuilding of the stock by 2032. The
final rule for this action would contain
the recreational fishing season closure
date.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the FMP, other provisions of the
Magnuson-Stevens Act, and other
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Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Proposed Rules
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.
NMFS prepared an Initial Regulatory
Flexibility Analysis (IRFA), as required
by section 603 of the Regulatory
Flexibility Act, for this proposed rule.
The IRFA describes the economic
impact this rule, if adopted, would have
on small entities. A description of the
action, why it is being considered, the
objectives of, and legal basis for this
action are contained at the beginning of
this section in the preamble and in the
SUMMARY section of the preamble. A
copy of the full analysis is available
from NMFS (see ADDRESSES). A
summary of the IRFA follows.
No duplicative, overlapping, or
conflicting Federal rules have been
identified. This proposed rule would
not introduce any changes to current
reporting, recordkeeping, or other
compliance requirements.
This rule, if implemented, would be
expected to directly affect commercial
and for-hire vessels that harvest red
snapper. In addition to needing red
snapper IFQ allocation, a commercial
reef fish permit is required to sell red
snapper and to harvest red snapper in
excess of the bag limit in the Gulf EEZ.
An estimated 888 vessels possess a valid
(non-expired) or renewable commercial
reef fish permit. A renewable permit is
an expired permit that may not be
actively fished, but is renewable for up
to 1 year after permit expiration.
However, over the period 2007–2011, an
average of only 333 vessels per year
recorded commercial red snapper
harvests. As a result, for the purpose of
this assessment, the number of
potentially affected commercial vessels
is estimated to range from 333–888. The
average commercial vessel in the Gulf
reef fish fishery is estimated to earn
approximately $50,000 (2011 dollars) in
gross annual revenue, while the average
vessel with red snapper landings is
estimated to earn approximately
$96,000 in gross annual revenue.
A Federal reef fish for-hire vessel
permit is required for for-hire vessels to
harvest red snapper in the Gulf EEZ. On
June 24, 2013, 1,353 vessels had a valid
or renewable reef fish for-hire permit.
The for-hire fleet is comprised of
charterboats, which charge a fee on a
per-vessel basis, and headboats, which
charge a fee on an individual angler
(head) basis. Although the for-hire
permit application collects information
on the primary method of operation, the
resultant permit itself does not identify
the permitted vessel as either a headboat
or a charter vessel, operation as either
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a headboat or charter vessel is not
restricted by the permitting regulations,
and vessels may operate in both
capacities. However, only federally
permitted headboats are required to
submit harvest and effort information to
the NMFS Southeast Region Headboat
Survey (SRHS). Participation in the
SRHS is based on determination by the
Southeast Fisheries Science Center that
the vessel primarily operates as a
headboat. Seventy vessels were
registered in the SHRS as of March 1,
2013. As a result, 1,283 of the vessels
with a valid or renewable reef fish forhire permit are expected to operate as
charterboats. The average charterboat is
estimated to earn approximately
$80,000 (2011 dollars) in gross annual
revenue and the average headboat is
estimated to earn approximately
$242,000 in gross annual revenue.
NMFS has not identified any other
small entities that would be expected to
be directly affected by this proposed
rule. The Small Business
Administration (SBA) 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 $19.0 million
(NAICS code 114111, finfish fishing) for
all its affiliated operations worldwide.
This receipts threshold is the result of
a final rule issued by the SBA on June
20, 2013, which that increased the size
standard for Finfish Fishing from $4.0 to
$19.0 million. The receipts threshold for
a business involved in the for-hire
fishing industry is $7.0 million (NAICS
code 487210, fishing boat charter
operation). This receipts threshold has
not been changed as a result of recent
review by the SBA. All commercial and
for-hire vessels expected to be directly
affected by this proposed rule are
believed to be small business entities.
This rule, if implemented, would
increase the red snapper commercial
quota by 1.295 million lb (587,402 kg),
round weight, and the red snapper
recreational quota by 1.245 million lb
(564,723 kg), round weight. The
proposed increase in the commercial
quota would be expected to result in an
increase in gross revenue (ex-vessel
revenue minus the 3-percent cost
recovery fee) for commercial vessels that
harvest red snapper of approximately
$4.81 million (2011 dollars), or
approximately $5,417–$14,444 per
vessel ($4.81 million/888 vessels =
$5,417 per vessel; $4.81/333 vessels =
$14,444 per vessel). The expected range
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in the increase in gross revenue per
vessel would be equal to approximately
10.8 percent ($5,417/$50,000) and 15.1
percent ($14,444/$96,000) increases in
the average annual revenue per vessel,
respectively.
The proposed increase in the
recreational quota would be expected to
result in an increase in net operating
revenue (gross revenue minus operating
costs except for labor) for for-hire
businesses of approximately $3.361
million (2011 dollars) for charterboats
and approximately $3.765 million for
headboats. The projected increase in net
operating revenue for charterboats
would be equal to approximately $2,600
per vessel ($3.361 million/1,283
vessels), or approximately 3.3 percent
($2,600/$80,000) of average annual
revenue per vessel. For headboats, the
projected increase in net operating
revenue would be equal to
approximately $53,800 per vessel
($3.765 million/70 vessels), or
approximately 22.2 percent ($53,800/
$242,000) of average annual revenue per
vessel.
In summary, this rule, if
implemented, would be expected to
increase the revenue and profit of the
average small entity that would be
expected to be directly affected. Because
the expected economic effect of this
proposed rule would be positive and not
adverse, the issue of significant
alternatives to minimize the adverse
effects is not relevant.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf, Quotas, Red
snapper.
Dated: August 8, 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
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.39, paragraphs (a)(1)(i) and
(a)(2)(i) are revised to read as follows:
■
§ 622.39
*
Quotas.
*
*
(a) * * *
(1) * * *
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*
*
Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Proposed Rules
(i) Commercial quota for red
snapper—5.610 million lb (1.957
million kg), round weight.
*
*
*
*
*
(2) * * *
49443
(i) Recreational quota for red
snapper—5.390 million lb (1.880
million kg), round weight.
*
*
*
*
*
[FR Doc. 2013–19729 Filed 8–9–13; 4:15 pm]
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]]>Agencies
[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Proposed Rules]
[Pages 49440-49443]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19729]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 130627573-3573-01]
RIN 0648-BD39
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement management measures described in a
[[Page 49441]]
framework action 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 increase the 2013 commercial and recreational quotas for red
snapper in the Gulf of Mexico (Gulf) reef fish fishery and re-open the
red snapper recreational season for 2013. This proposed rule is
intended to help achieve optimum yield (OY) for the Gulf red snapper
resource without increasing the risk of red snapper experiencing
overfishing.
DATES: Written comments must be received on or before August 29, 2013.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2013-0115'' 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-2013-0115, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Susan Gerhart, 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 framework action, which includes an
environmental assessment, a regulatory impact review, and a Regulatory
Flexibility Act analysis may be obtained from the Southeast Regional
Office Web site at https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, Southeast Regional
Office, NMFS, telephone 727-824-5305; email: Susan.Gerhart@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef
fish fishery under the FMP. The Council prepared the FMP and NMFS
implements the FMP through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act).
Background
The Southeast Data, Assessment, and Review (SEDAR) benchmark
assessment for Gulf red snapper (SEDAR 31), conducted in 2013,
determined that the acceptable biological catch (ABC) for red snapper
could be increased. The stock is no longer undergoing overfishing.
However, it remains overfished and is under a rebuilding plan through
2032.
The Council's Scientific and Statistical Committee (SSC) met in May
2013 to review SEDAR 31, and recommended an ABC of 13.5 million lb (6.1
million kg), round weight, for the 2013 fishing year, 11.9 million lb
(5.4 million kg), round weight, for the 2014 fishing year, and 10.6
million lb (4.8 million kg), round weight, for the 2015 fishing year.
The Council met in July 2013 and voted to implement an allowable catch
of 11.0 million lb (5.0 million kg), round weight. This is an increase
of 2.54 million lb (1.15 million kg), round weight, from the allowable
catch currently in effect. The Council determined that implementing an
allowable catch of 11.0 million lb (5.0 million kg), round weight,
would allow the quotas in the following years to remain constant or
increase. Although the proposed quota would exceed the current ABC in
2015 if continued beyond 2014, the SSC will review the new projections
in August 2013 and is expected to provide new ABCs based on a constant
catch scenario. Any new ABCs recommended by the SSC would be announced
in the final rule for this action. The Council will review the SSC's
new ABC recommendations at its August 2013 meeting and determine
whether further revision of the allowable catch is necessary. If
revisions to the allowable catch are necessary, NMFS would publish
subsequent proposed and final rulemaking. An update assessment is
scheduled for red snapper in 2015 and could also result in a change in
the ABC and allowable catch at that time.
The increase to the current 2013 commercial quota of 1.295 million
lb (587,402 kg), round weight, would be distributed to shareholders in
the individual fishing quota (IFQ) program for Gulf red snapper on or
shortly after the effective date of the final rule. The increase to the
current 2013 recreational quota of 1.245 million lb (564,723 kg), round
weight, could allow a supplemental red snapper recreational fishing
season, if additional quota is available after the June landings are
known. The supplemental season would open October 1, 2013; the end date
would be published in the final rule. The Council also considered
modifying the reopening of the red snapper recreational fishing season
to be on weekends only, but the Council preferred to retain a
continuous open season.
Management Measures Contained in This Proposed Rule
This rule would set the commercial and recreational quotas for red
snapper based on the allowable catch of 11.0 million lb (5.0 million
kg), round weight, and the current commercial and recreational
allocations (51 percent commercial and 49 percent recreational).
Therefore, the commercial quota would be set at 5.610 million lb (2.545
million kg), round weight, and the recreational quota would be set at
5.390 million lb (2.445 million kg), round weight.
Red Snapper Recreational Fishing Season
Under 50 CFR 622.34 (m), the red snapper recreational fishing
season opens each year on June 1 and closes when the recreational quota
is projected to be reached. Prior to June 1 each year, NMFS projects
the closing date based on the previous year's data, and notifies the
public of the closing date for the upcoming season. If subsequent data
indicate that the quota has not been reached by that closing date, NMFS
may reopen the season.
If this rule is implemented and the recreational quota for red
snapper were to increase, NMFS may be able to reopen the recreational
season for red snapper during 2013, if additional quota is available
after the June landings are known. This would allow fishermen the
opportunity to harvest the additional quota, without jeopardizing the
stock of undergoing overfishing or impeding rebuilding of the stock by
2032. The final rule for this action would contain the recreational
fishing season closure date.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the FMP, other provisions of the Magnuson-Stevens Act,
and other
[[Page 49442]]
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.
NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA), as
required by section 603 of the Regulatory Flexibility Act, for this
proposed rule. The IRFA describes the economic impact this rule, if
adopted, would have on small entities. A description of the action, why
it is being considered, the objectives of, and legal basis for this
action are contained at the beginning of this section in the preamble
and in the SUMMARY section of the preamble. A copy of the full analysis
is available from NMFS (see ADDRESSES). A summary of the IRFA follows.
No duplicative, overlapping, or conflicting Federal rules have been
identified. This proposed rule would not introduce any changes to
current reporting, recordkeeping, or other compliance requirements.
This rule, if implemented, would be expected to directly affect
commercial and for-hire vessels that harvest red snapper. In addition
to needing red snapper IFQ allocation, a commercial reef fish permit is
required to sell red snapper and to harvest red snapper in excess of
the bag limit in the Gulf EEZ. An estimated 888 vessels possess a valid
(non-expired) or renewable commercial reef fish permit. A renewable
permit is an expired permit that may not be actively fished, but is
renewable for up to 1 year after permit expiration. However, over the
period 2007-2011, an average of only 333 vessels per year recorded
commercial red snapper harvests. As a result, for the purpose of this
assessment, the number of potentially affected commercial vessels is
estimated to range from 333-888. The average commercial vessel in the
Gulf reef fish fishery is estimated to earn approximately $50,000 (2011
dollars) in gross annual revenue, while the average vessel with red
snapper landings is estimated to earn approximately $96,000 in gross
annual revenue.
A Federal reef fish for-hire vessel permit is required for for-hire
vessels to harvest red snapper in the Gulf EEZ. On June 24, 2013, 1,353
vessels had a valid or renewable reef fish for-hire permit. The for-
hire fleet is comprised of charterboats, which charge a fee on a per-
vessel basis, and headboats, which charge a fee on an individual angler
(head) basis. Although the for-hire permit application collects
information on the primary method of operation, the resultant permit
itself does not identify the permitted vessel as either a headboat or a
charter vessel, operation as either a headboat or charter vessel is not
restricted by the permitting regulations, and vessels may operate in
both capacities. However, only federally permitted headboats are
required to submit harvest and effort information to the NMFS Southeast
Region Headboat Survey (SRHS). Participation in the SRHS is based on
determination by the Southeast Fisheries Science Center that the vessel
primarily operates as a headboat. Seventy vessels were registered in
the SHRS as of March 1, 2013. As a result, 1,283 of the vessels with a
valid or renewable reef fish for-hire permit are expected to operate as
charterboats. The average charterboat is estimated to earn
approximately $80,000 (2011 dollars) in gross annual revenue and the
average headboat is estimated to earn approximately $242,000 in gross
annual revenue.
NMFS has not identified any other small entities that would be
expected to be directly affected by this proposed rule. The Small
Business Administration (SBA) 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 $19.0 million (NAICS code 114111, finfish
fishing) for all its affiliated operations worldwide. This receipts
threshold is the result of a final rule issued by the SBA on June 20,
2013, which that increased the size standard for Finfish Fishing from
$4.0 to $19.0 million. The receipts threshold for a business involved
in the for-hire fishing industry is $7.0 million (NAICS code 487210,
fishing boat charter operation). This receipts threshold has not been
changed as a result of recent review by the SBA. All commercial and
for-hire vessels expected to be directly affected by this proposed rule
are believed to be small business entities.
This rule, if implemented, would increase the red snapper
commercial quota by 1.295 million lb (587,402 kg), round weight, and
the red snapper recreational quota by 1.245 million lb (564,723 kg),
round weight. The proposed increase in the commercial quota would be
expected to result in an increase in gross revenue (ex-vessel revenue
minus the 3-percent cost recovery fee) for commercial vessels that
harvest red snapper of approximately $4.81 million (2011 dollars), or
approximately $5,417-$14,444 per vessel ($4.81 million/888 vessels =
$5,417 per vessel; $4.81/333 vessels = $14,444 per vessel). The
expected range in the increase in gross revenue per vessel would be
equal to approximately 10.8 percent ($5,417/$50,000) and 15.1 percent
($14,444/$96,000) increases in the average annual revenue per vessel,
respectively.
The proposed increase in the recreational quota would be expected
to result in an increase in net operating revenue (gross revenue minus
operating costs except for labor) for for-hire businesses of
approximately $3.361 million (2011 dollars) for charterboats and
approximately $3.765 million for headboats. The projected increase in
net operating revenue for charterboats would be equal to approximately
$2,600 per vessel ($3.361 million/1,283 vessels), or approximately 3.3
percent ($2,600/$80,000) of average annual revenue per vessel. For
headboats, the projected increase in net operating revenue would be
equal to approximately $53,800 per vessel ($3.765 million/70 vessels),
or approximately 22.2 percent ($53,800/$242,000) of average annual
revenue per vessel.
In summary, this rule, if implemented, would be expected to
increase the revenue and profit of the average small entity that would
be expected to be directly affected. Because the expected economic
effect of this proposed rule would be positive and not adverse, the
issue of significant alternatives to minimize the adverse effects is
not relevant.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf, Quotas, Red snapper.
Dated: August 8, 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. 622.39, paragraphs (a)(1)(i) and (a)(2)(i) are revised to
read as follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(1) * * *
[[Page 49443]]
(i) Commercial quota for red snapper--5.610 million lb (1.957
million kg), round weight.
* * * * *
(2) * * *
(i) Recreational quota for red snapper--5.390 million lb (1.880
million kg), round weight.
* * * * *
[FR Doc. 2013-19729 Filed 8-9-13; 4:15 pm]
BILLING CODE 3510-22-P
