Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands; Regulatory Amendment 2, 56171-56173 [2013-22212]
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Federal Register / Vol. 78, No. 177 / Thursday, September 12, 2013 / Rules and Regulations
class downgrade, and change of
community of license of Station
KQHN(FM) from Magnolia, Arkansas, to
Oil City, Louisiana. The document finds
that the Bureau did not err in approving
the relocation of this FM station.
FOR FURTHER INFORMATION CONTACT:
Andrew J. Rhodes, Media Bureau, (202)
418–2700.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s
Memorandum Opinion and Order, FCC
13–114, MB Docket No. 02–199, RM–
10514, adopted August 14, 2013, and
released August 16, 2013. The full text
of this document is available for
inspection and copying during normal
business hours in the FCC Reference
Information Center (Room CY–A257),
445 12th Street SW., Washington, DC
20554. The complete text of this
document may also be purchased from
the Commission’s copy contractor, Best
Copy and Printing, Inc., Portals II, 445
12th Street SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–378–3160 or www.BCPIWEB.com.
In the Report and Order in this
proceeding, the Bureau granted a
Petition for Rule Making filed by
Cumulus Licensing, LLC’s predecessor
in interest (‘‘Cumulus’’) as licensee of
Station KQHN(FM) for a downgrade in
class of channel, and change of
community of license for the station
from Channel 300C1 at Magnolia,
Arkansas, to Channel 300C2 at Oil City,
Louisiana, See 70 FR 19337, April 13,
2005. In the Memorandum Opinion and
Order, the Bureau affirmed the grant
and concluded that the relocation of the
station to Oil City did not constitute a
‘‘move-in’’ to the Shreveport, Louisiana,
Urbanized Area because Cumulus had
demonstrated that Oil City is
sufficiently independent of the
Shreveport Urbanized Area to warrant a
first local service preference under the
then-existing Tuck test. See 69 FR 8333,
February 24, 2004.
On review, the Commission finds that
the Bureau did not err in (1)
determining that Oil City was
independent of Shreveport; (2)
declining to adopt Acceess.1’s proposed
processing policy of requiring a
certification by a community of license
modification proponent that it will not
select a site that would provide
substantial service to an urbanized area;
and (3) finding that the proposed
reallotment would serve the public
interest. The Commission upholds those
decisions for the reasons stated in the
Memorandum Opinion and Order.
However, the Commission states that
some additional discussion is warranted
regarding the remaining issues raised by
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15:55 Sep 11, 2013
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Access.1. Most importantly, the
Commission finds that Cumulus had not
engaged in misrepresentation and/or
had not shown a lack of candor as to
whether its proposal would be a ‘‘movein’’ to the Shreveport Urbanized Area.
The Commission explains that under
the then-existing procedures, Cumulus
was permitted to specify at the rule
making stage reference coordinates of a
theoretical fully spaced site and later in
the implementing application to specify
a different site. Absent any extrinsic
evidence to the contrary, which
Access.1 did not produce, the
Commission concludes that a
misrepresentation or lack of candor
allegation based on the specification of
a different application site is
speculative.
This document is not subject to the
Congressional Review Act. (The
Commission, is, therefore, not required
to submit a copy of the Memorandum
Opinion and Order to GAO, pursuant to
the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A) because the
Application for Review was denied.)
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2013–22211 Filed 9–11–13; 8:45 am]
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In rule document 2013–19880
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[FR Doc. C1–2013–19880 Filed 9–11–13; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 130402313–3748–02]
RIN 0648–BD15
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Queen
Conch Fishery of Puerto Rico and the
U.S. Virgin Islands; Regulatory
Amendment 2
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues this final rule to
implement Regulatory Amendment 2 to
the Fishery Management Plan (FMP) for
the Queen Conch Resources of Puerto
Rico and the U.S. Virgin Islands (USVI)
(Regulatory Amendment 2), as prepared
by the Caribbean Fishery Management
Council (Council). This final rule
revises the commercial trip limit for
queen conch in the Caribbean exclusive
economic zone (EEZ) to be compatible
with the trip limit in USVI territorial
waters. The purpose of this provision is
to improve the compatibility of Federal
and USVI territorial regulations for
queen conch in order to facilitate
enforcement efforts while ensuring the
long-term health of the queen conch
resource. This final rule also changes
the regulations specifying the queen
conch fishing season to correct an
inadvertent change to the text that
occurred in a prior rulemaking. The
revision better reflects the original and
current intent of the Council.
DATES: This rule is effective October 15,
2013.
ADDRESSES: Electronic copies of
Regulatory Amendment 2, which
includes an environmental assessment,
a Regulatory Flexibility Act analysis,
and a regulatory impact review (RIR),
may be obtained from the Southeast
Regional Office Web site at: https://
sero.nmfs.noaa.gov/.
FOR FURTHER INFORMATION CONTACT:
Maria del Mar Lopez, Southeast
SUMMARY:
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Federal Register / Vol. 78, No. 177 / Thursday, September 12, 2013 / Rules and Regulations
Regional Office, NMFS, telephone: 727–
824–5305, email: Maria.Lopez@
noaa.gov.
SUPPLEMENTARY INFORMATION: The queen
conch fishery in the U.S. Caribbean is
managed under the FMP for the Queen
Conch Resources of Puerto Rico and the
USVI (Queen Conch FMP). The Queen
Conch 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).
On June 7, 2013, NMFS published a
proposed rule for Regulatory
Amendment 2 and requested public
comment (78 FR 34311). The proposed
rule and Regulatory Amendment 2
outline the rationale for the actions
contained in the final rule. A summary
of the actions implemented by this final
rule is provided below.
Management Measures Contained in
This Final Rule
This final rule revises the commercial
trip limit to 200 queen conch per vessel
per day from the current 150 queen
conch per licensed commercial fisher
per day. The purpose of this provision
is to improve the compatibility of
Federal and USVI territorial regulations
for queen conch in order to facilitate
enforcement efforts while ensuring the
long-term health of the queen conch
resource.
tkelley on DSK3SPTVN1PROD with RULES
Other Changes Contained in This Final
Rule
This final rule also changes the
language in 50 CFR 622.491 to correct
an inadvertent change to the text
specifying the queen conch fishing
season. Fishing for queen conch is only
allowed from November 1 through May
31, and only in the area east of 64°34′
W. longitude which includes Lang Bank
east of St. Croix, USVI. In the rest of the
Caribbean EEZ, there is a prohibition on
the harvest and possession of queen
conch. This revision corrects a mistake
that occurred in prior rule-making
(Regulatory Amendment 1; 76 FR 23907,
April 29, 2011), in which the sentence
was restructured, resulting in an
inadvertent change in the meaning. This
rule revises the codified text to its
previous form. Changing the codified
text to its previous form reflects the
original and current intent of the
Council.
Comments and Responses
NMFS received two comments on the
proposed rule and Regulatory
Amendment 2. A Federal agency stated
it had no comments on the actions in
Regulatory Amendment 2. The other
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15:55 Sep 11, 2013
Jkt 229001
comment was unrelated to the actions
contained in Regulatory Amendment 2
and the proposed rule and, therefore, is
not addressed here.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined that this final rule is
necessary for the conservation and
management of queen conch and is
consistent with Regulatory Amendment
2, the Queen Conch FMP, the
Magnuson-Stevens Act and other
applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
rule, if adopted, would not have a
significant adverse economic impact on
a substantial number of small entities.
The factual basis for this determination
is as follows:
On June 20, 2013, the Small Business
Administration (SBA) issued a final rule
revising the small business size
standards for several industries effective
July 22, 2013 (78 FR 37398). The rule
increased the size standard for Finfish
Fishing from $4.0 to $19.0 million,
Shellfish Fishing from $4.0 to $5.0
million, and Other Marine Fishing from
$4.0 to $7.0 million. Pursuant to the
Regulatory Flexibility Act, and prior to
SBA’s June 20, 2013, final rule, an
initial regulatory flexibility analysis was
developed for this action using SBA’s
former size standards. Subsequent to the
June 20, 2013 rule, NMFS has reviewed
the analysis prepared for this action in
light of the new size standards. Under
the former, lower size standards, all
entities subject to this action were
considered small entities, thus they all
would continue to be considered small
entities under the new standards. NMFS
has determined that the new size
standards do not affect the analyses
prepared for this action.
This rule is expected to directly affect
commercial fishermen in St. Croix,
USVI, who harvest queen conch. Queen
conch harvest in the EEZ of the U.S.
Caribbean is restricted to the Lang Bank
area off St. Croix and all queen conch
harvest from this area is believed to be
landed in St. Croix because of the
prohibitive travel distances that would
be required to land in other locations.
As a result, the assessment of the
number of commercial entities expected
to be affected by this rule is based on
St. Croix commercial trip ticket data.
The USVI fishing year for all species
is July 1 through June 30. Over the
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2009/2010 through 2011/2012 fishing
years, an average of 40 fishermen (range
of 30–48) per fishing year recorded
landings of queen conch in St. Croix.
The average total revenue per fishing
year from the harvest of all marine
species (queen conch and all other
species) by these fishermen was
approximately $2.6 million (nominal or
un-inflated dollars), or approximately
$64,000 per fisherman ($2.6 million/40).
These estimates include all fishermen
with recorded queen conch landings in
St. Croix, regardless of where the queen
conch were harvested (EEZ or territorial
waters). Precise comparable estimates
for fishermen who harvested queen
conch in the EEZ are not available
because the area of harvest was not
provided on all trip tickets (area fished
was not reported on trip tickets that
accounted for approximately 11 percent
of the average queen conch harvest per
fishing year). However, an average of 17
fishermen (range of 9–23) per fishing
year reported queen conch harvests
from the EEZ. The average total revenue
from the harvest of all marine species by
these fishermen during this period was
approximately $1.0 million (nominal or
un-inflated dollars), or approximately
$60,000 per fishermen ($1.0 million/17).
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 marine fishing 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 $5 million
(NAICS code 114112, shellfish fishing),
$7 million (NAICS code 114119, other
marine fishing), and $19 million (NAICS
code 114111, finfish fishing) for all its
affiliated operations worldwide. Both
average revenue estimates,
approximately $64,000 for all fishermen
with commercial queen conch landings
and approximately $60,000 for
fishermen who reported harvesting
queen conch from the EEZ, are
significantly lower than all of these SBA
thresholds. As a result, all commercial
fishermen expected to be affected by
this rule are determined, for the purpose
of this assessment, to be small business
entities.
This rule increases the number of
queen conch that can be harvested per
vessel per day if one licensed
commercial fisherman is on board the
vessel, and decreases the allowable
harvest if multiple licensed commercial
fishermen are on board. However, only
2 percent or fewer of the trips that
harvest queen conch are believed to
carry multiple licensed commercial
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Federal Register / Vol. 78, No. 177 / Thursday, September 12, 2013 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
fishermen and no licensed commercial
fishermen are known to exclusively fish
with other licensed commercial
fishermen on board. As a result, the
effects of increasing the allowable queen
conch harvest per vessel per day on
trips with a single licensed commercial
fisherman on board is expected to
account for the majority of the economic
impacts of this rule.
The net direct economic effects of this
rule cannot be quantified with available
data. Increasing the number of queen
conch that can be harvested per vessel
per trip is expected to increase the
average daily harvest and associated
revenue per trip for trips on which
queen conch are harvested. Total
operating costs may be reduced if
fishermen take fewer trips to harvest the
queen conch annual catch limit (ACL).
An increase in the revenue per trip and
a decrease in operating costs results in
an increase in profit to affected small
entities.
The queen conch commercial ACL in
St. Croix is 50,000 lb (22,680 kg) and
queen conch harvest and possession in
the EEZ is prohibited when the St. Croix
ACL is reached. As a result, the total
average annual revenue to all
commercial fishermen from queen
conch harvest is not expected to be
affected by this rule other than as a
result of a possible reduction in average
price if increased harvest rates result in
a derby fishery and depress prices.
However, of the estimated average 40
fishermen who harvest queen conch per
year, only an estimated average of 17
fishermen per year harvest queen conch
in the EEZ. Closure of the fishery due
to the ACL being reached has only
occurred once since the 2008/2009
fishing year and approximately twothirds of the total queen conch harvest
in St. Croix comes from territorial
waters. As a result, any increased
harvest rate that might occur in
response to the increase in the trip limit
in the EEZ may not significantly reduce
the length of the open season and, thus,
may have minimal to no effect on queen
conch prices. Therefore, increasing the
daily average harvest rate, which may
occur as a result of the increase in the
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trip limit, may have only a small effect
on increasing the likelihood of the
fishery closing due to the ACL being
reached and/or reducing the average
price for queen conch.
In addition to the effects described in
the previous paragraph, fishing for, and
revenue from, other species may
increase as a result of this rule if
fishermen are able to take fewer trips to
harvest the queen conch ACL and
increase fishing effort for other species.
However, any increase in revenue from
other species will be an indirect effect
of this rule.
This rule also changes the language in
the codified text specifying the queen
conch fishing season. This change
corrects an inadvertent change to the
text that occurred in a prior rulemaking,
as discussed in the preamble. The
revision better reflects the original and
current intent of the Council. Queen
conch fishing in the Caribbean EEZ has
been consistent with the season
specified by the change and, therefore,
this change is not expected to result in
any economic effects on any small
entities.
In summary, the average fisherman
expected to be directly affected by this
rule is expected to experience an
increase in revenue and profit.
However, the amount of this increase
cannot be determined with available
data.
The information provided above
supports a determination that this rule
will have beneficial effects on affected
small entities, and therefore would not
have a significant adverse economic
impact on a substantial number of small
entities. An initial regulatory flexibility
analysis (IRFA) was prepared for the
proposed rule, and the resultant
analysis concluded the same finding of
positive economic impacts. No
challenge of this determination or other
substantive issue was received through
public comment of the proposed rule,
and thus, no changes were made in the
rule. Accordingly, a final regulatory
flexibility analysis was not required or
prepared. Copies of the RIR and IRFA
are available (see ADDRESSES).
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Fmt 4700
Sfmt 9990
56173
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Queen conch, St.
Croix, U.S. Virgin Islands.
Dated: September 9, 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 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 § 622.491, paragraph (a) is
revised to read as follows:
■
§ 622.491
Season and area closures.
(a) No person may fish for or possess
on board a fishing vessel a Caribbean
queen conch in or from the Caribbean
EEZ, except from November 1 through
May 31 in the area east of 64°34′ W.
longitude which includes Lang Bank
east of St. Croix, U.S. Virgin Islands.
*
*
*
*
*
■ 3. In § 622.495, paragraph (a) is
revised and paragraph (b) is added to
read as follows:
§ 622.495
Commercial trip limit.
*
*
*
*
*
(a) Applicability. The trip limit of
paragraph (b) of this section applies to
a vessel that has at least one person on
board with a valid commercial fishing
license issued by Puerto Rico or the U.S.
Virgin Islands. If no person on board the
vessel has a valid commercial fishing
license issued by Puerto Rico or the U.S.
Virgin Islands, the bag limit specified in
§ 622.494(b) applies.
(b) Trip limit. The trip limit for queen
conch in or from the Caribbean EEZ is
200 queen conch per day.
[FR Doc. 2013–22212 Filed 9–11–13; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 78, Number 177 (Thursday, September 12, 2013)]
[Rules and Regulations]
[Pages 56171-56173]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22212]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 130402313-3748-02]
RIN 0648-BD15
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands;
Regulatory Amendment 2
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement Regulatory Amendment
2 to the Fishery Management Plan (FMP) for the Queen Conch Resources of
Puerto Rico and the U.S. Virgin Islands (USVI) (Regulatory Amendment
2), as prepared by the Caribbean Fishery Management Council (Council).
This final rule revises the commercial trip limit for queen conch in
the Caribbean exclusive economic zone (EEZ) to be compatible with the
trip limit in USVI territorial waters. The purpose of this provision is
to improve the compatibility of Federal and USVI territorial
regulations for queen conch in order to facilitate enforcement efforts
while ensuring the long-term health of the queen conch resource. This
final rule also changes the regulations specifying the queen conch
fishing season to correct an inadvertent change to the text that
occurred in a prior rulemaking. The revision better reflects the
original and current intent of the Council.
DATES: This rule is effective October 15, 2013.
ADDRESSES: Electronic copies of Regulatory Amendment 2, which includes
an environmental assessment, a Regulatory Flexibility Act analysis, and
a regulatory impact review (RIR), may be obtained from the Southeast
Regional Office Web site at: https://sero.nmfs.noaa.gov/.
FOR FURTHER INFORMATION CONTACT: Maria del Mar Lopez, Southeast
[[Page 56172]]
Regional Office, NMFS, telephone: 727-824-5305, email:
Maria.Lopez@noaa.gov.
SUPPLEMENTARY INFORMATION: The queen conch fishery in the U.S.
Caribbean is managed under the FMP for the Queen Conch Resources of
Puerto Rico and the USVI (Queen Conch FMP). The Queen Conch 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).
On June 7, 2013, NMFS published a proposed rule for Regulatory
Amendment 2 and requested public comment (78 FR 34311). The proposed
rule and Regulatory Amendment 2 outline the rationale for the actions
contained in the final rule. A summary of the actions implemented by
this final rule is provided below.
Management Measures Contained in This Final Rule
This final rule revises the commercial trip limit to 200 queen
conch per vessel per day from the current 150 queen conch per licensed
commercial fisher per day. The purpose of this provision is to improve
the compatibility of Federal and USVI territorial regulations for queen
conch in order to facilitate enforcement efforts while ensuring the
long-term health of the queen conch resource.
Other Changes Contained in This Final Rule
This final rule also changes the language in 50 CFR 622.491 to
correct an inadvertent change to the text specifying the queen conch
fishing season. Fishing for queen conch is only allowed from November 1
through May 31, and only in the area east of 64[deg]34' W. longitude
which includes Lang Bank east of St. Croix, USVI. In the rest of the
Caribbean EEZ, there is a prohibition on the harvest and possession of
queen conch. This revision corrects a mistake that occurred in prior
rule-making (Regulatory Amendment 1; 76 FR 23907, April 29, 2011), in
which the sentence was restructured, resulting in an inadvertent change
in the meaning. This rule revises the codified text to its previous
form. Changing the codified text to its previous form reflects the
original and current intent of the Council.
Comments and Responses
NMFS received two comments on the proposed rule and Regulatory
Amendment 2. A Federal agency stated it had no comments on the actions
in Regulatory Amendment 2. The other comment was unrelated to the
actions contained in Regulatory Amendment 2 and the proposed rule and,
therefore, is not addressed here.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
that this final rule is necessary for the conservation and management
of queen conch and is consistent with Regulatory Amendment 2, the Queen
Conch FMP, the Magnuson-Stevens Act and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this rule, if adopted, would not have a significant
adverse economic impact on a substantial number of small entities. The
factual basis for this determination is as follows:
On June 20, 2013, the Small Business Administration (SBA) issued a
final rule revising the small business size standards for several
industries effective July 22, 2013 (78 FR 37398). The rule increased
the size standard for Finfish Fishing from $4.0 to $19.0 million,
Shellfish Fishing from $4.0 to $5.0 million, and Other Marine Fishing
from $4.0 to $7.0 million. Pursuant to the Regulatory Flexibility Act,
and prior to SBA's June 20, 2013, final rule, an initial regulatory
flexibility analysis was developed for this action using SBA's former
size standards. Subsequent to the June 20, 2013 rule, NMFS has reviewed
the analysis prepared for this action in light of the new size
standards. Under the former, lower size standards, all entities subject
to this action were considered small entities, thus they all would
continue to be considered small entities under the new standards. NMFS
has determined that the new size standards do not affect the analyses
prepared for this action.
This rule is expected to directly affect commercial fishermen in
St. Croix, USVI, who harvest queen conch. Queen conch harvest in the
EEZ of the U.S. Caribbean is restricted to the Lang Bank area off St.
Croix and all queen conch harvest from this area is believed to be
landed in St. Croix because of the prohibitive travel distances that
would be required to land in other locations. As a result, the
assessment of the number of commercial entities expected to be affected
by this rule is based on St. Croix commercial trip ticket data.
The USVI fishing year for all species is July 1 through June 30.
Over the 2009/2010 through 2011/2012 fishing years, an average of 40
fishermen (range of 30-48) per fishing year recorded landings of queen
conch in St. Croix. The average total revenue per fishing year from the
harvest of all marine species (queen conch and all other species) by
these fishermen was approximately $2.6 million (nominal or un-inflated
dollars), or approximately $64,000 per fisherman ($2.6 million/40).
These estimates include all fishermen with recorded queen conch
landings in St. Croix, regardless of where the queen conch were
harvested (EEZ or territorial waters). Precise comparable estimates for
fishermen who harvested queen conch in the EEZ are not available
because the area of harvest was not provided on all trip tickets (area
fished was not reported on trip tickets that accounted for
approximately 11 percent of the average queen conch harvest per fishing
year). However, an average of 17 fishermen (range of 9-23) per fishing
year reported queen conch harvests from the EEZ. The average total
revenue from the harvest of all marine species by these fishermen
during this period was approximately $1.0 million (nominal or un-
inflated dollars), or approximately $60,000 per fishermen ($1.0
million/17).
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 marine fishing 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 $5 million (NAICS code
114112, shellfish fishing), $7 million (NAICS code 114119, other marine
fishing), and $19 million (NAICS code 114111, finfish fishing) for all
its affiliated operations worldwide. Both average revenue estimates,
approximately $64,000 for all fishermen with commercial queen conch
landings and approximately $60,000 for fishermen who reported
harvesting queen conch from the EEZ, are significantly lower than all
of these SBA thresholds. As a result, all commercial fishermen expected
to be affected by this rule are determined, for the purpose of this
assessment, to be small business entities.
This rule increases the number of queen conch that can be harvested
per vessel per day if one licensed commercial fisherman is on board the
vessel, and decreases the allowable harvest if multiple licensed
commercial fishermen are on board. However, only 2 percent or fewer of
the trips that harvest queen conch are believed to carry multiple
licensed commercial
[[Page 56173]]
fishermen and no licensed commercial fishermen are known to exclusively
fish with other licensed commercial fishermen on board. As a result,
the effects of increasing the allowable queen conch harvest per vessel
per day on trips with a single licensed commercial fisherman on board
is expected to account for the majority of the economic impacts of this
rule.
The net direct economic effects of this rule cannot be quantified
with available data. Increasing the number of queen conch that can be
harvested per vessel per trip is expected to increase the average daily
harvest and associated revenue per trip for trips on which queen conch
are harvested. Total operating costs may be reduced if fishermen take
fewer trips to harvest the queen conch annual catch limit (ACL). An
increase in the revenue per trip and a decrease in operating costs
results in an increase in profit to affected small entities.
The queen conch commercial ACL in St. Croix is 50,000 lb (22,680
kg) and queen conch harvest and possession in the EEZ is prohibited
when the St. Croix ACL is reached. As a result, the total average
annual revenue to all commercial fishermen from queen conch harvest is
not expected to be affected by this rule other than as a result of a
possible reduction in average price if increased harvest rates result
in a derby fishery and depress prices. However, of the estimated
average 40 fishermen who harvest queen conch per year, only an
estimated average of 17 fishermen per year harvest queen conch in the
EEZ. Closure of the fishery due to the ACL being reached has only
occurred once since the 2008/2009 fishing year and approximately two-
thirds of the total queen conch harvest in St. Croix comes from
territorial waters. As a result, any increased harvest rate that might
occur in response to the increase in the trip limit in the EEZ may not
significantly reduce the length of the open season and, thus, may have
minimal to no effect on queen conch prices. Therefore, increasing the
daily average harvest rate, which may occur as a result of the increase
in the trip limit, may have only a small effect on increasing the
likelihood of the fishery closing due to the ACL being reached and/or
reducing the average price for queen conch.
In addition to the effects described in the previous paragraph,
fishing for, and revenue from, other species may increase as a result
of this rule if fishermen are able to take fewer trips to harvest the
queen conch ACL and increase fishing effort for other species. However,
any increase in revenue from other species will be an indirect effect
of this rule.
This rule also changes the language in the codified text specifying
the queen conch fishing season. This change corrects an inadvertent
change to the text that occurred in a prior rulemaking, as discussed in
the preamble. The revision better reflects the original and current
intent of the Council. Queen conch fishing in the Caribbean EEZ has
been consistent with the season specified by the change and, therefore,
this change is not expected to result in any economic effects on any
small entities.
In summary, the average fisherman expected to be directly affected
by this rule is expected to experience an increase in revenue and
profit. However, the amount of this increase cannot be determined with
available data.
The information provided above supports a determination that this
rule will have beneficial effects on affected small entities, and
therefore would not have a significant adverse economic impact on a
substantial number of small entities. An initial regulatory flexibility
analysis (IRFA) was prepared for the proposed rule, and the resultant
analysis concluded the same finding of positive economic impacts. No
challenge of this determination or other substantive issue was received
through public comment of the proposed rule, and thus, no changes were
made in the rule. Accordingly, a final regulatory flexibility analysis
was not required or prepared. Copies of the RIR and IRFA are available
(see ADDRESSES).
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Queen conch, St. Croix, U.S. Virgin Islands.
Dated: September 9, 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 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. 622.491, paragraph (a) is revised to read as follows:
Sec. 622.491 Season and area closures.
(a) No person may fish for or possess on board a fishing vessel a
Caribbean queen conch in or from the Caribbean EEZ, except from
November 1 through May 31 in the area east of 64[deg]34' W. longitude
which includes Lang Bank east of St. Croix, U.S. Virgin Islands.
* * * * *
0
3. In Sec. 622.495, paragraph (a) is revised and paragraph (b) is
added to read as follows:
Sec. 622.495 Commercial trip limit.
* * * * *
(a) Applicability. The trip limit of paragraph (b) of this section
applies to a vessel that has at least one person on board with a valid
commercial fishing license issued by Puerto Rico or the U.S. Virgin
Islands. If no person on board the vessel has a valid commercial
fishing license issued by Puerto Rico or the U.S. Virgin Islands, the
bag limit specified in Sec. 622.494(b) applies.
(b) Trip limit. The trip limit for queen conch in or from the
Caribbean EEZ is 200 queen conch per day.
[FR Doc. 2013-22212 Filed 9-11-13; 8:45 am]
BILLING CODE 3510-22-P
