Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures, 57313-57318 [2013-22701]
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Federal Register / Vol. 78, No. 181 / Wednesday, September 18, 2013 / Rules and Regulations
portion of the final aggregate DSH
allotment reduction allocation for each
State by multiplying the State’s UPF by
the aggregate DSH allotment reduction
allocated to the UPF factor under
paragraph (e)(5) of this section for the
respective State group.
(8) High volume of Medicaid
inpatients factor (HMF) calculation.
CMS will calculate the HMF by
determining a percentage for each State
by dividing the State’s total DSH
payments made to non-high Medicaid
volume hospitals by the total of such
payments for the entire State group.
(9) HMF application and reduction
amount. CMS will determine the HMF
portion of the final aggregate DSH
allotment reduction allocation for each
State by multiplying the State’s HMF by
the aggregate DSH allotment reduction
allocated to the HMF factor under
paragraph (e)(5) of this section for the
respective State group.
(10) High level of uncompensated care
factor (HUF) calculation. CMS will
calculate the HUF by determining a
percentage for each State by dividing
the State’s total DSH payments made to
non-High Uncompensated Care Level
hospitals by the total of such payments
for the entire State group.
(11) HUF application and reduction
amount. CMS will determine the HUF
portion of the final aggregate DSH
allotment reduction allocation by
multiplying each State’s HUF by the
aggregate DSH allotment reduction
allocated to the HUF factor under
paragraph (e)(5) of this section for the
respective State group.
(12) Section 1115 budget neutrality
factor (BNF) calculation. This factor is
only calculated for States for which all
or a portion of the DSH allotment was
included in the calculation of budget
neutrality under a section 1115
demonstration for the specific fiscal
year subject to reduction pursuant to an
approval on or before July 31, 2009.
CMS will calculate the BNF for
qualifying states by the following:
(i) For States whose DSH allotment
was included in the budget neutrality
calculation for a coverage expansion
that was approved under section 1115
as of July 31, 2009, (without regard to
approved amendments since that date)
determining the amount of the State’s
DSH allotment included in the budget
neutrality calculation for coverage
expansion for the specific fiscal year
subject to reduction. This amount is not
subject to reductions under the HMF
and HUF calculations.
(ii) Determining the amount of the
State’s DSH allotment included in the
budget neutrality calculation for non-
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coverage expansion purposes for the
specific fiscal year subject to reduction.
(iii) Multiplying each qualifying
State’s value of paragraph (e)(12)(ii) of
this section by the mean HMF reduction
percentage for the respective State
group.
(iv) Multiplying each qualifying
State’s value of paragraph (e)(12)(ii) of
this section by the mean HUF reduction
percentage for the respective State
group.
(v) For each State, calculating the sum
of the value of paragraphs (e)(12)(iii)
and of (e)(12)(iv) of this section.
(13) Section 1115 budget neutrality
factor (BNF) application. This factor
will be applied in the State-specific
DSH allotment reduction calculation.
(14) State-specific DSH allotment
reduction calculation. CMS will
calculate the state-specific DSH
reduction by the following:
(i) Taking the sum of the value of
paragraphs (e)(7), (e)(9), and (e)(11) of
this section for each State.
(ii) For States qualifying under
paragraph (e)(12) of this section, adding
the value of paragraph (e)(12)(v) of this
section.
(iii) Reducing the amount of
paragraph (e)(14)(i) of this section for
each State that does not qualify under
paragraph (e)(12)(v) of this section based
on the proportion of each State’s
preliminary unreduced DSH allotment
compared to the national total of
preliminary unreduced DSH allotments
so that the sum of paragraph (e)(14)(iii)
of this section equals the sum of
paragraph (e)(12)(v) of this section.
(f) Annual DSH allotment reduction
application. For each fiscal year 2014
and fiscal year 2015, CMS will subtract
the State-specific DSH allotment
amount determined in paragraph (e)(14)
of this section from that State’s final
unreduced DSH allotment. This amount
is the State’s final DSH allotment for the
fiscal year.
■ 3. Section 447.299 is amended by:
■ A. Redesignating paragraph (c)(18) as
(c)(21).
■ B. Adding paragraphs (c)(18), (c)(19)
and (c)(20).
■ C. Revising newly redesignated
paragraph (c)(21).
The additions and revisions read as
follows:
§ 447.299
Reporting Requirements.
*
*
*
*
*
(c) * * *
(18) Medicaid provider number. The
provider identification number assigned
by the Medicaid program.
(19) Medicare provider number. The
provider identification number assigned
by the Medicare program.
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57313
(20) Total hospital cost. The total
annual costs incurred by each hospital
for furnishing inpatient hospital and
outpatient hospital services.
(21) Reporting. States must report
DSH payments made to all hospitals
under the authority of the approved
Medicaid State plan. This includes both
in-State and out-of-State hospitals. For
out-of-State hospitals, States must
report, at a minimum, the information
identified in § 447.299(c)(1) through
(c)(6), (c)(8), (c)(9), (c)(17), (c)(18), and
(c)(19).
*
*
*
*
*
(Catalog of Federal Domestic Assistance
Program No. 93.778, Medical Assistance
Program)
Dated: August 29, 2013.
Marilyn Tavenner,
Administrator, Centers for Medicare &
Medicaid Services.
Approved: September 9, 2013.
Kathleen Sebelius,
Secretary, Department of Health and Human
Services.
[FR Doc. 2013–22686 Filed 9–13–13; 4:15 pm]
BILLING CODE 4120–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 130627573–3796–02]
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: Final rule.
AGENCY:
NMFS issues this final rule to
implement management measures
described in a 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). This rule increases the 2013
commercial and recreational quotas for
red snapper in the Gulf of Mexico (Gulf)
reef fish fishery and re-opens the red
snapper recreational season for 2013.
This final rule is intended to allow
increased harvest of Gulf red snapper
without increasing the risk of red
snapper experiencing overfishing or
jeopardizing the rebuilding plan.
SUMMARY:
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Federal Register / Vol. 78, No. 181 / Wednesday, September 18, 2013 / Rules and Regulations
This rule is effective October 1,
2013.
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/2013/rs_tac_framework/
index.html.
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).
On August 14, 2013, NMFS published
a proposed rule for the framework
action and requested public comment
(78 FR 49440). The proposed rule and
the framework action outline the
rationale for the actions contained in
this final rule. A summary of the actions
implemented by this final rule is
provided below.
Through this final rule, NMFS sets the
commercial quota for red snapper at
5.610 million lb (2.545 million kg),
round weight, and the recreational
quota at 5.390 million lb (2.445 million
kg), round weight. NMFS also re-opens
the recreational fishing season for red
snapper in the Gulf EEZ beginning
October 1.
In the proposed rule for this action,
NMFS explained that the Council’s
Scientific and Statistical Committee
(SSC) would meet in August 2013 to
review the new projections for red
snapper, and was expected to provide
new acceptable biological catches
(ABCs) based on a constant catch
scenario. The SSC did meet in August
2013 and provided the following
updated ABCs: 13.5 million lb (6.1
million kg), round weight, for the 2013
fishing year, 12.8 million lb (5.8 million
kg), round weight, for the 2014 fishing
year, and 11.5 million lb (5.2 million
kg), round weight, for the 2015 fishing
year. These ABCs are based on a
scenario that assumes constant catches
of 11.0 million lb (5.0 million kg), round
weight, for the 2013 and 2014 fishing
years. If the allowable catch remained at
11.0 million lb (5.0 million kg), round
weight, in 2015, the allowable catch
would not exceed the new ABC set for
the 2015 fishing year.
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ADDRESSES:
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Through this final rule, the red
snapper commercial quota increases by
1.295 million lb (587,402 kg), round
weight. This increase will be distributed
to Gulf red snapper individual fishing
quota (IFQ) shareholders on or shortly
after October 1, 2013.
The recreational quota increases by
1.245 million lb (564,723 kg), round
weight. Under 50 CFR 622.34(b), 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
re-open the season.
NMFS projected the 2013 recreational
quota of 4.145 million lb (1.880 million
kg), round weight, would be met by June
29, 2013. Preliminary catch estimates
produced by the Marine Recreational
Information Program (MRIP)—using
new methodology for the June season—
are unexpectedly high relative to
previous years, indicating the private
and for-hire components of the
recreational sector landed 5.8 million lb
(2.631 million kg), round weight.
Landings available through June,
including both MRIP and headboat
landings, total 6.13 million lb (2.781
million kg), round weight. The original
quota, which was developed using the
prior methodology, was 4.145 million-lb
(1.880 million-kg), round weight. It is
misleading to make a direct comparison
between these numbers, however,
because if the new MRIP methodology
had been available to use in the 2013
stock assessment on which the current
ABCs and quotas are based, then the
original quotas may have been set much
higher.
Overall, the new MRIP catch
estimates are more accurate and less
biased than those produced in past
years because MRIP redesigned the
Access Point Angler Intercept Survey in
March 2013 to provide better coverage
of the variety of fishing trips ending at
different times of day. However, the
new estimates only cover a single month
long season, and if the new survey
methodology indeed eliminated past
biases, then the new estimates may not
be directly comparable to the 2013
quota or other red snapper management
reference points, which were based on
historical catch estimates using years of
data and the prior methodology. The
proportion of the catch increase that
may be attributed to improving the
geographic and temporal coverage of
sampling under the new survey
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methodology versus the proportion that
may be due to a true increase in
landings has not been determined.
Additionally, MRIP, which estimates
catches of many species, produces
estimates more accurately over longer
time frames and larger geographic areas
than what is currently available for
recreational red snapper management.
At this time, NMFS does not have a
sufficient understanding of how to use
the new MRIP landing estimates
without better understanding how they
fit into the broader scientific basis for
red snapper management, which
includes the stock assessment and the
full historical times series of fisherydependent and fishery-independent
data. Evaluations are underway to better
understand the relative contribution of
the methodology change versus true
shifts in angler behavior and landings to
the unexpectedly high estimates for this
year. This evaluation is still underway
and will not be completed in time to be
used for decisions on the season length
of the October recreational red snapper
season. NMFS plans to thoroughly
evaluate this issue in the update
assessment to be completed in early
2015. In the interim, the Southeast
Fisheries Science Center (SEFSC) has
determined that the best scientific
information available to determine
landings during the June season is the
projection used to set the season length.
This projection estimated that the 4.145million lb (1.880-million kg), round
weight, quota would be landed during
the 28-day season.
Available data show a small increase
in fishing effort Gulf-wide, no
significant changes in catch rates, and
an average size of red snapper for 2013
consistent with the projections.
Additionally, headboat landings
through June 2013 are slightly less than
landings through June 2012. Therefore,
NMFS has determined the best scientific
information available on which to base
a decision whether or not to proceed
with a fall season is the analysis
projecting the number of days available
for a supplemental season with the
1.245 million-lb (564,723-kg), round
weight, increase in the recreational
quota. There is uncertainty in the
projection, because it is based on
assumptions about effort levels, catchper-unit effort, and average weights for
landed fish. Because the SEFSC could
not verify these assumptions with actual
estimates, due to the issues outlined
above, they recommend that this
uncertainty be factored into decisions
about season length for the fall season.
The 21 days originally projected for
the supplemental season were based on
assuming catch rates (landings per day)
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during fall would be 50 percent less
than the catch rates projected for
summer. However, during public
testimony at the Council’s August 2013
meeting, for-hire business owners
indicated they were booked for the
supplemental season. Additionally,
comments received on the proposed
rule indicated many private anglers
were planning fishing trips during
October, leading NMFS to determine
there may be greater participation
during this fall than might be expected
based on previous years. Given
questions about the new data, the past
performance of the fishery, the increase
in fishing effort in June, and the
expectation of higher than normal effort
during the fall, NMFS prefers to be
cautious in deciding for how long to reopen the recreational fishing season. It
would not be realistic to assume fall
catch rates will be the same as in the
summer, due to children being in
school, the possibility of inclement
weather, and other recreational
opportunities available to the public,
such as hunting and football. Therefore,
catch rates for fall are assumed to be 75
percent of summer catch rates, which
allows for 14 days of fishing.
Based on the increase in the
recreational quota implemented by this
final rule and the analysis of the fall
catch rates, NMFS has determined that
the recreational sector may re-open for
an additional 14 days. The method for
calculating this fall season length can be
found in SERO–LAPP–2013–05 at
https://sero.nmfs.noaa.gov/sustainable_
fisheries/gulf_fisheries/reef_fish/2013/
rs_tac_framework/documents/pdfs/gulf_
rs_fall_season.pdf. NMFS will re-open
the recreational fishing season at 12:01
a.m., October 1, 2013, as approved by
the Council. NMFS will close
recreational harvest of red snapper in
the Gulf EEZ at 12:01 a.m., local time,
October 15, 2013, and it will remain
closed until the start of the next fishing
season. During the closure, the bag and
possession limit for red snapper in or
from the Gulf EEZ is zero. In addition,
a person aboard a vessel for which a
Federal charter vessel/headboat permit
for Gulf reef fish has been issued must
also abide by these closure provisions in
state waters.
Comments and Responses
NMFS received a total of 78 public
comments on the proposed rule; 4 from
organizations and the rest were from
individuals. Fourteen commenters
submitted suggestions for the reef fish
fishery that were outside the scope of
the framework and the proposed rule,
including comments related to other
aspects of red snapper management
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such as changing the size limit,
reallocation between sectors, regional
management, increasing the bag limit,
establishing a split recreational season,
establishing a charter IFQ program,
changing the dates of the regular
recreational season, and establishing a
recreational tag system. Two comments
expressed general support for the rule.
Specific comments related to the actions
contained in the framework and the
proposed rule as well as NMFS’
respective responses are summarized
below.
Comment 1: Many commenters
supported increasing the allowable
catch to 11.0 million lb (5.0 million kg).
Most described seeing more red snapper
than ever before. Some support a
conservative approach to developing the
recommended allowable catch with a
goal of trying to stabilize the seasonal
fishing opportunities.
Response: NMFS agrees with the
Council’s decision to increase the
allowable catch to 11.0 million lb (5.0
million kg), round weight. The
Council’s decision was based on a new
stock assessment and is intended to
allow the greatest increase in the
commercial and recreational quotas
while ensuring constant or increasing
quotas for at least the next 3 years.
Comment 2: Two commenters
supported increasing the quota, but felt
the increase is too conservative and
could be much more.
Response: NMFS disagrees that the
Council should have selected an
allowable catch that is greater than 11.0
million lb (5.0 million kg), round
weight. The Council considered
alternatives that would have set the
2013 allowable catch greater than 11.0
million lb (5.0 million kg), round
weight, but would have then required a
decrease in the allowable catch for 2014
and 2015. During public testimony at
Council meetings, a majority of
stakeholders supported setting
management measures that would bring
stability to both the commercial and
recreational sectors. The Council agreed
with stakeholders that a constant catch
strategy would provide the greatest
economic benefit over the next 3 years,
and determined that by foregoing some
catch in 2013, higher allowable catches
could be set for 2014 and 2015, and
catch could be held relatively constant.
Comment 3: Two commenters
supported the allowable catch increase
only for 1 year. They believe this to be
important because Amendment 28 to
the FMP includes a review of the red
snapper allocation between the
commercial and recreational sectors and
if the Council and NMFS determine an
adjustment of the sector allocation is
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necessary, the allowable catch could be
divided up differently in subsequent
years.
Response: NMFS does not agree that
it is necessary to limit the increase to 1
year. Since 2010, the allowable catches
for red snapper have increased
annually. Through each rulemaking to
revise the red snapper allowable
catches, the allowable catch increases
were set without a time limit; however,
the Council may change the allowable
catches at any time in response to new
information. The Council is currently
developing Amendment 28 to the FMP
and will determine if revising the
allocation between the sectors is
appropriate. Setting the allowable catch
at 11.0 million lb (5.0 million kg), round
weight, for consecutive fishing years
does not preclude the Council from
changing the allocation during that time
period.
Comment 4: Some commenters
supported increasing the allowable
catch, but felt the total increase should
go to the recreational sector.
Response: Allocation of the allowable
catch between the commercial and
recreational sectors was established in
Amendment 1 to the FMP (55 FR 2078,
January 22, 1990). As stated above, the
Council is considering reallocation of
the allowable catch between the sectors
in Amendment 28 to the FMP. Until a
change is made to the FMP, the
allowable catch will continue to be
allocated with 49 percent to the
recreational sector and 51 percent to
commercial sector.
Comment 5: Two commenters
supported increasing the commercial
and recreational quotas, but
recommended the Council apply the
guidance in its ACL/ACT control rule
directly to each sector, providing
commercial and recreational
management buffers of 0 percent and
15–20 percent, respectively. The
commenters stated that the failure to
include meaningful accountability
measures for the recreational sector,
including a buffer specific to the
recreational sector, ignores the history
of overharvesting in the recreational
sector. This will result in another de
facto reallocation from the commercial
to the recreational sector that is
inconsistent with the apportionment
between those sectors as established by
the FMP.
Response: NMFS disagrees that the
Council should have applied the ACL/
ACT control rule and set an ACT 15–20
percent below the recreational quota.
Although the recreational quota has
been exceeded in prior years, the
Council determined that applying the
buffer recommended by the control rule
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was not necessary to ensure that the
adjusted 2013 recreational quota is not
exceeded. NMFS agrees with the
Council’s determination. The decision
on a 2013 fall recreational season was
based on projections of how many days
would be needed to harvest the
additional 1.245 million lb (564,723
million kg), round weight. The
projections used biological data and
landings that are more updated than
what was used for projections in prior
years and are based on more robust
models. Recreational red snapper
harvest rates and average sizes have
been changing rapidly in response to
stock rebuilding. Past projections
underestimated average fish weights
and daily angler catch rates, resulting in
projections overestimating the number
of days necessary to harvest the
recreational quota. Projection models
were improved this year to account for
rapidly increasing angler catch rates and
fish weights. This is supported by data
from the June season showing that
average red snapper weights were not
significantly different than those used in
the projections.
Additionally, the most recent
assessment indicates the population
growth rate is slowing, and appears to
be stabilizing in terms of recruitment
and fish size. Because the red snapper
population appears to be stabilizing and
the 2013 projection model is more
robust and contains more updated data,
NMFS expects the projections to more
accurately predict the number of days
needed to harvest the additional
recreational quota. In addition, NMFS
has acted conservatively and
determined that the fall season should
open for only 14-days as opposed to the
21-days originally projected. This will
further help ensure that the recreational
harvest is constrained to the quota.
Comment 6: Some commenters did
not believe the data used for decisions
on red snapper management were
appropriate; however, none of these
commenters concluded with support or
opposition to the proposed allowable
catch increase. Most commenters felt
that the population is healthier and in
greater numbers than what NMFS data
show. Some also believe the average
size of red snapper is getting larger.
Response: In 2013, a benchmark
assessment (SEDAR 31) was completed
for Gulf red snapper. Stock assessment
procedures involve a wide variety of
interest groups such as fishermen,
dealers, and environmental groups, as
well as fishery scientists, to ensure the
assessment is based on the best
available scientific information and
methodologies. SEDAR 31 shows that
red snapper numbers and size are
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increasing and that red snapper are not
undergoing overfishing, but that red
snapper remains overfished. However,
the assessment also indicates that
adequate progress is being made to
rebuild the stock to the target rebuilding
level by 2032, the end of the rebuilding
plan.
Comment 7: Many commenters
supported re-opening the recreational
fishing season in October. An October
season would restore the industry and
attract fishermen from all over the
southeast back to the Gulf coast region.
They felt the current red snapper
population could easily support the
proposed October re-opening without
damage to the fishery. Several stated
that the weather was bad for sports
fisherman during the early season, and
very few days were fishable. Most felt
that the result will be a positive
economic impact for every sector of the
tourism industry and a welcome
opportunity for loyal fishing visitors.
Response: NMFS agrees that a reopening of the recreational fishing
season would have a positive benefit for
anglers and communities. Increasing
operating costs and the down-turn in
the national economy have reduced
business for for-hire vessel owners and
support industries for private anglers
(bait shops, etc.). Any additional
opportunity for red snapper fishing
should improve this situation. Because
the quotas are consistent with the
rebuilding plan for red snapper, the
recreational sector can be re-opened
without significant adverse impacts to
the stock.
Comment 8: Some commenters
supported re-opening the recreational
fishing season on weekends only or on
weekends plus Fridays and/or Mondays.
The majority of recreational fisherman
work during the week and therefore
cannot fish during the week. This would
also lengthen the season so that storms
and rough water conditions would not
have such a devastating effect on the
coastal economies.
Response: The Council chose to hold
the supplemental season on consecutive
days after listening to public testimony
at its July 2013 meeting. Although the
Council heard testimony in favor of both
continuous and weekend-only seasons,
the majority of participants preferred a
continuous season beginning October 1.
NMFS agrees that a continuous season
allows for more total days of fishing
because effort is lower during weekdays,
and provides opportunity for people
who fish on week days as well as those
that fish on weekends.
Comment 9: Two commenters stated
that the economic discussion in the
proposed rule failed to provide adequate
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analysis of the economic effects on
private anglers and shore-side
businesses associated with private
recreational fishing.
Response: The economic effects on
private anglers and the shore-side
businesses associated with private
recreational fishing are not discussed in
the proposed rule because the
information on the expected economic
effects provided in the proposed rule
was limited to the requirements of the
Regulatory Flexibility Act (RFA). The
RFA requires an analysis of anticipated
economic impacts on small entities that
are directly regulated. Private anglers
are not considered small entities under
the RFA and the shore-side businesses
associated with private recreational
angling are not being directly regulated
by the rule. The economic impacts on
private anglers and the shore-side
businesses associated with private
recreational fishing were evaluated in
the framework action, which, as noted
in the proposed rule, is available on the
Southeast Regional Office Web site at
https://sero.nmfs.noaa.gov/sustainable_
fisheries/gulf_fisheries/reef_fish/
index.html.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined that this final rule is
necessary for the conservation and
management of red snapper and is
consistent with the framework action,
the 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:
This rule is 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
harvests of red snapper. As a result, for
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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 annual gross
revenue, while the average commercial
vessel with red snapper landings is
estimated to earn approximately
$96,000 in annual gross 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 charter
vessels, which charge a fee on a pervessel 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
NMFS 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
charter vessels. The average charter
vessel is estimated to earn
approximately $80,000 (2011 dollars) in
annual gross revenue and the average
headboat is estimated to earn
approximately $242,000 in annual gross
revenue.
NMFS has not identified any other
small entities that will be directly
affected by this 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, that increased the size
standard for Finfish Fishing from $4.0 to
$19.0 million (78 FR 37398). The
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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
rule are believed to be small business
entities.
This rule will 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 increase in the commercial
quota is 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 million/333
vessels = $14,444 per vessel). The
expected range in the increase in gross
revenue per vessel is equal to
approximately 10.8 percent ($5,417/
$50,000) and 15.1 percent ($14,444/
$96,000) increases in the average annual
gross revenue per vessel, respectively.
The increase in the recreational quota
is 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 charter
vessels and approximately $3.765
million for headboats. The projected
increase in net operating revenue for
charter vessels is 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 gross
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 gross
revenue per vessel.
The information provided above
supports a determination that this rule
will have beneficial effects on affected
small entities, and therefore will 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 was
received through public comment of the
proposed rule. However, two comments
on the proposed rule stated that the
economic discussion failed to provide
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57317
adequate analysis of the economic
effects on private anglers and shore-side
businesses associated with private
recreational fishing. The economic
effects of the proposed rule on these
sectors were evaluated for and provided
in the framework action. The economic
effects on private anglers and the shoreside businesses associated with private
recreational fishing are not discussed in
the proposed rule because the
information on the expected economic
effects provided in the proposed rule
was limited to the requirements of the
RFA. The RFA requires an analysis of
anticipated economic impacts on small
entities that are directly regulated.
Private anglers are not small entities
under the RFA and the shore-side
businesses associated with private
recreational fishing are not being
directly regulated by the rule. The
economic impacts on private anglers
and the shore-side businesses associated
with private recreational fishing were
evaluated in the framework action,
which, as noted in the proposed rule, is
available on the Southeast Regional
Office Web site at https://
sero.nmfs.noaa.gov/sustainable_
fisheries/gulf_fisheries/reef_fish/
index.html.
No additional issues associated with
the economic analysis contained in the
proposed rule were raised through
public comment. A summary of all the
comments received is provided in the
previous section of this preamble. No
changes were made to this final rule as
a result of these comments.
Because this rule will have beneficial
effects on affected small entities, a final
regulatory flexibility analysis was not
required or prepared. Copies of the RIR
and IRFA are available (see ADDRESSES).
The NOAA Assistant Administrator
for Fisheries (AA) waives the 30-day in
effectiveness of the management
measures contained in this final rule
under 5 U.S.C. 553(d)(1) because it is a
substantive rule that relieves a
restriction on the regulated community.
The AA also finds good cause to waive
the 30-day delay in effectiveness under
5 U.S.C. 553(d)(3) because it would be
contrary to the public interest. The
Council voted at its July Council
meeting to re-open the recreational red
snapper fishing season on October 1,
2013, if NMFS determined that
additional harvest was available. The
Council intended to provide
recreational red snapper fishermen as
much advanced notice as possible in
order to plan their business practices for
a fall re-opening. Because NMFS has
determined that additional harvest of
red snapper is available for the 2013
fishing year, re-opening recreational
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harvest on October 1, 2013, is necessary.
In addition, some fishermen have
already booked their fishing trips for an
October 1 re-opening and planned their
business practices accordingly.
Therefore, if NMFS were to delay the
effectiveness of this final rule to a date
after October 1, 2013, those trips would
need to be re-booked and fishing
opportunities could be foregone. This
could cause confusion among
fishermen, disrupt their business plans,
and cause them to incur additional
expenses.
Further, this rule provides benefits to
the public because it increases
commercial and recreational quotas for
Gulf red snapper and it will benefit
fishermen to realize these increases
without delay. The commercial sector
will realize these increases through
additional shares and allocation towards
their IFQs and the recreational sector
will realize these increases in additional
fishing days. This final rule provides
fishermen the opportunity to harvest
additional red snapper without
jeopardizing the rebuilding plan. For all
of these reasons, the AA waives the 30day delay in effectiveness of this final
rule.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf, Quotas, Red
Snapper.
Dated: September 12, 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.
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:
Quotas.
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*
*
*
*
(a) * * *
(1) * * *
(i) Commercial quota for red
snapper—5.610 million lb (1.957
million kg), round weight.
*
*
*
*
*
(2) * * *
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 120918468–3111–02]
RIN 0648–XC875
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical
Area 630 in the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for pollock in Statistical Area
630 in the Gulf of Alaska (GOA). This
action is necessary to prevent exceeding
the C season allowance of the 2013 total
allowable catch of pollock for Statistical
Area 630 in the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), September 16, 2013,
through 1200 hours, A.l.t., October 1,
2013.
SUMMARY:
Josh
NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The C season allowance of the 2013
total allowable catch (TAC) of pollock in
Statistical Area 630 of the GOA is 9,378
metric tons (mt) as established by the
final 2013 and 2014 harvest
specifications for groundfish of the GOA
(78 FR 13162, February 26, 2013). In
accordance with § 679.20(a)(5)(iv)(B),
the Administrator, Alaska Region,
NMFS (Regional Administrator), hereby
decreases the C season pollock
allowance by 915 mt to reflect the total
overharvest of the B season allowance in
Statistical Area 630. Therefore, the
SUPPLEMENTARY INFORMATION:
■
*
BILLING CODE 3510–22–P
Keaton, 907–586–7228.
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
§ 622.39
[FR Doc. 2013–22701 Filed 9–13–13; 4:15 pm]
FOR FURTHER INFORMATION CONTACT:
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
■
(i) Recreational quota for red
snapper—5.390 million lb (1.880
million kg), round weight.
*
*
*
*
*
PO 00000
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revised C season allowance of the
pollock TAC in Statistical Area 630 is
8,463 mt (9,378 mt minus 915 mt).
In accordance with § 679.20(d)(1)(i),
the Regional Administrator has
determined that the C season allowance
of the 2013 TAC of pollock in Statistical
Area 630 of the GOA will soon be
reached. Therefore, the Regional
Administrator is establishing a directed
fishing allowance of 8,263 mt and is
setting aside the remaining 200 mt as
bycatch to support other anticipated
groundfish fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
Consequently, NMFS is prohibiting
directed fishing for pollock in Statistical
Area 630 of the GOA.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Acting Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) and as such
requirement is impracticable and
contrary to the public interest. This
requirement is impracticable and
contrary to the public interest as it
would prevent NMFS from responding
to the most recent fisheries data in a
timely fashion and would delay the
closure of directed fishing for pollock in
Statistical Area 630 of the GOA. NMFS
was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of September
12, 2013.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 13, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–22704 Filed 9–13–13; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 78, Number 181 (Wednesday, September 18, 2013)]
[Rules and Regulations]
[Pages 57313-57318]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22701]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 130627573-3796-02]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement management measures
described in a 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). This rule
increases the 2013 commercial and recreational quotas for red snapper
in the Gulf of Mexico (Gulf) reef fish fishery and re-opens the red
snapper recreational season for 2013. This final rule is intended to
allow increased harvest of Gulf red snapper without increasing the risk
of red snapper experiencing overfishing or jeopardizing the rebuilding
plan.
[[Page 57314]]
DATES: This rule is effective October 1, 2013.
ADDRESSES: 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/2013/rs_tac_framework/.
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).
On August 14, 2013, NMFS published a proposed rule for the
framework action and requested public comment (78 FR 49440). The
proposed rule and the framework action outline the rationale for the
actions contained in this final rule. A summary of the actions
implemented by this final rule is provided below.
Through this final rule, NMFS sets the commercial quota for red
snapper at 5.610 million lb (2.545 million kg), round weight, and the
recreational quota at 5.390 million lb (2.445 million kg), round
weight. NMFS also re-opens the recreational fishing season for red
snapper in the Gulf EEZ beginning October 1.
In the proposed rule for this action, NMFS explained that the
Council's Scientific and Statistical Committee (SSC) would meet in
August 2013 to review the new projections for red snapper, and was
expected to provide new acceptable biological catches (ABCs) based on a
constant catch scenario. The SSC did meet in August 2013 and provided
the following updated ABCs: 13.5 million lb (6.1 million kg), round
weight, for the 2013 fishing year, 12.8 million lb (5.8 million kg),
round weight, for the 2014 fishing year, and 11.5 million lb (5.2
million kg), round weight, for the 2015 fishing year. These ABCs are
based on a scenario that assumes constant catches of 11.0 million lb
(5.0 million kg), round weight, for the 2013 and 2014 fishing years. If
the allowable catch remained at 11.0 million lb (5.0 million kg), round
weight, in 2015, the allowable catch would not exceed the new ABC set
for the 2015 fishing year.
Through this final rule, the red snapper commercial quota increases
by 1.295 million lb (587,402 kg), round weight. This increase will be
distributed to Gulf red snapper individual fishing quota (IFQ)
shareholders on or shortly after October 1, 2013.
The recreational quota increases by 1.245 million lb (564,723 kg),
round weight. Under 50 CFR 622.34(b), 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 re-open the season.
NMFS projected the 2013 recreational quota of 4.145 million lb
(1.880 million kg), round weight, would be met by June 29, 2013.
Preliminary catch estimates produced by the Marine Recreational
Information Program (MRIP)--using new methodology for the June season--
are unexpectedly high relative to previous years, indicating the
private and for-hire components of the recreational sector landed 5.8
million lb (2.631 million kg), round weight. Landings available through
June, including both MRIP and headboat landings, total 6.13 million lb
(2.781 million kg), round weight. The original quota, which was
developed using the prior methodology, was 4.145 million-lb (1.880
million-kg), round weight. It is misleading to make a direct comparison
between these numbers, however, because if the new MRIP methodology had
been available to use in the 2013 stock assessment on which the current
ABCs and quotas are based, then the original quotas may have been set
much higher.
Overall, the new MRIP catch estimates are more accurate and less
biased than those produced in past years because MRIP redesigned the
Access Point Angler Intercept Survey in March 2013 to provide better
coverage of the variety of fishing trips ending at different times of
day. However, the new estimates only cover a single month long season,
and if the new survey methodology indeed eliminated past biases, then
the new estimates may not be directly comparable to the 2013 quota or
other red snapper management reference points, which were based on
historical catch estimates using years of data and the prior
methodology. The proportion of the catch increase that may be
attributed to improving the geographic and temporal coverage of
sampling under the new survey methodology versus the proportion that
may be due to a true increase in landings has not been determined.
Additionally, MRIP, which estimates catches of many species, produces
estimates more accurately over longer time frames and larger geographic
areas than what is currently available for recreational red snapper
management.
At this time, NMFS does not have a sufficient understanding of how
to use the new MRIP landing estimates without better understanding how
they fit into the broader scientific basis for red snapper management,
which includes the stock assessment and the full historical times
series of fishery-dependent and fishery-independent data. Evaluations
are underway to better understand the relative contribution of the
methodology change versus true shifts in angler behavior and landings
to the unexpectedly high estimates for this year. This evaluation is
still underway and will not be completed in time to be used for
decisions on the season length of the October recreational red snapper
season. NMFS plans to thoroughly evaluate this issue in the update
assessment to be completed in early 2015. In the interim, the Southeast
Fisheries Science Center (SEFSC) has determined that the best
scientific information available to determine landings during the June
season is the projection used to set the season length. This projection
estimated that the 4.145-million lb (1.880-million kg), round weight,
quota would be landed during the 28-day season.
Available data show a small increase in fishing effort Gulf-wide,
no significant changes in catch rates, and an average size of red
snapper for 2013 consistent with the projections. Additionally,
headboat landings through June 2013 are slightly less than landings
through June 2012. Therefore, NMFS has determined the best scientific
information available on which to base a decision whether or not to
proceed with a fall season is the analysis projecting the number of
days available for a supplemental season with the 1.245 million-lb
(564,723-kg), round weight, increase in the recreational quota. There
is uncertainty in the projection, because it is based on assumptions
about effort levels, catch-per-unit effort, and average weights for
landed fish. Because the SEFSC could not verify these assumptions with
actual estimates, due to the issues outlined above, they recommend that
this uncertainty be factored into decisions about season length for the
fall season.
The 21 days originally projected for the supplemental season were
based on assuming catch rates (landings per day)
[[Page 57315]]
during fall would be 50 percent less than the catch rates projected for
summer. However, during public testimony at the Council's August 2013
meeting, for-hire business owners indicated they were booked for the
supplemental season. Additionally, comments received on the proposed
rule indicated many private anglers were planning fishing trips during
October, leading NMFS to determine there may be greater participation
during this fall than might be expected based on previous years. Given
questions about the new data, the past performance of the fishery, the
increase in fishing effort in June, and the expectation of higher than
normal effort during the fall, NMFS prefers to be cautious in deciding
for how long to re-open the recreational fishing season. It would not
be realistic to assume fall catch rates will be the same as in the
summer, due to children being in school, the possibility of inclement
weather, and other recreational opportunities available to the public,
such as hunting and football. Therefore, catch rates for fall are
assumed to be 75 percent of summer catch rates, which allows for 14
days of fishing.
Based on the increase in the recreational quota implemented by this
final rule and the analysis of the fall catch rates, NMFS has
determined that the recreational sector may re-open for an additional
14 days. The method for calculating this fall season length can be
found in SERO-LAPP-2013-05 at https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2013/rs_tac_framework/documents/pdfs/gulf_rs_fall_season.pdf. NMFS will re-open the recreational
fishing season at 12:01 a.m., October 1, 2013, as approved by the
Council. NMFS will close recreational harvest of red snapper in the
Gulf EEZ at 12:01 a.m., local time, October 15, 2013, and it will
remain closed until the start of the next fishing season. During the
closure, the bag and possession limit for red snapper in or from the
Gulf EEZ is zero. In addition, a person aboard a vessel for which a
Federal charter vessel/headboat permit for Gulf reef fish has been
issued must also abide by these closure provisions in state waters.
Comments and Responses
NMFS received a total of 78 public comments on the proposed rule; 4
from organizations and the rest were from individuals. Fourteen
commenters submitted suggestions for the reef fish fishery that were
outside the scope of the framework and the proposed rule, including
comments related to other aspects of red snapper management such as
changing the size limit, reallocation between sectors, regional
management, increasing the bag limit, establishing a split recreational
season, establishing a charter IFQ program, changing the dates of the
regular recreational season, and establishing a recreational tag
system. Two comments expressed general support for the rule. Specific
comments related to the actions contained in the framework and the
proposed rule as well as NMFS' respective responses are summarized
below.
Comment 1: Many commenters supported increasing the allowable catch
to 11.0 million lb (5.0 million kg). Most described seeing more red
snapper than ever before. Some support a conservative approach to
developing the recommended allowable catch with a goal of trying to
stabilize the seasonal fishing opportunities.
Response: NMFS agrees with the Council's decision to increase the
allowable catch to 11.0 million lb (5.0 million kg), round weight. The
Council's decision was based on a new stock assessment and is intended
to allow the greatest increase in the commercial and recreational
quotas while ensuring constant or increasing quotas for at least the
next 3 years.
Comment 2: Two commenters supported increasing the quota, but felt
the increase is too conservative and could be much more.
Response: NMFS disagrees that the Council should have selected an
allowable catch that is greater than 11.0 million lb (5.0 million kg),
round weight. The Council considered alternatives that would have set
the 2013 allowable catch greater than 11.0 million lb (5.0 million kg),
round weight, but would have then required a decrease in the allowable
catch for 2014 and 2015. During public testimony at Council meetings, a
majority of stakeholders supported setting management measures that
would bring stability to both the commercial and recreational sectors.
The Council agreed with stakeholders that a constant catch strategy
would provide the greatest economic benefit over the next 3 years, and
determined that by foregoing some catch in 2013, higher allowable
catches could be set for 2014 and 2015, and catch could be held
relatively constant.
Comment 3: Two commenters supported the allowable catch increase
only for 1 year. They believe this to be important because Amendment 28
to the FMP includes a review of the red snapper allocation between the
commercial and recreational sectors and if the Council and NMFS
determine an adjustment of the sector allocation is necessary, the
allowable catch could be divided up differently in subsequent years.
Response: NMFS does not agree that it is necessary to limit the
increase to 1 year. Since 2010, the allowable catches for red snapper
have increased annually. Through each rulemaking to revise the red
snapper allowable catches, the allowable catch increases were set
without a time limit; however, the Council may change the allowable
catches at any time in response to new information. The Council is
currently developing Amendment 28 to the FMP and will determine if
revising the allocation between the sectors is appropriate. Setting the
allowable catch at 11.0 million lb (5.0 million kg), round weight, for
consecutive fishing years does not preclude the Council from changing
the allocation during that time period.
Comment 4: Some commenters supported increasing the allowable
catch, but felt the total increase should go to the recreational
sector.
Response: Allocation of the allowable catch between the commercial
and recreational sectors was established in Amendment 1 to the FMP (55
FR 2078, January 22, 1990). As stated above, the Council is considering
reallocation of the allowable catch between the sectors in Amendment 28
to the FMP. Until a change is made to the FMP, the allowable catch will
continue to be allocated with 49 percent to the recreational sector and
51 percent to commercial sector.
Comment 5: Two commenters supported increasing the commercial and
recreational quotas, but recommended the Council apply the guidance in
its ACL/ACT control rule directly to each sector, providing commercial
and recreational management buffers of 0 percent and 15-20 percent,
respectively. The commenters stated that the failure to include
meaningful accountability measures for the recreational sector,
including a buffer specific to the recreational sector, ignores the
history of overharvesting in the recreational sector. This will result
in another de facto reallocation from the commercial to the
recreational sector that is inconsistent with the apportionment between
those sectors as established by the FMP.
Response: NMFS disagrees that the Council should have applied the
ACL/ACT control rule and set an ACT 15-20 percent below the
recreational quota. Although the recreational quota has been exceeded
in prior years, the Council determined that applying the buffer
recommended by the control rule
[[Page 57316]]
was not necessary to ensure that the adjusted 2013 recreational quota
is not exceeded. NMFS agrees with the Council's determination. The
decision on a 2013 fall recreational season was based on projections of
how many days would be needed to harvest the additional 1.245 million
lb (564,723 million kg), round weight. The projections used biological
data and landings that are more updated than what was used for
projections in prior years and are based on more robust models.
Recreational red snapper harvest rates and average sizes have been
changing rapidly in response to stock rebuilding. Past projections
underestimated average fish weights and daily angler catch rates,
resulting in projections overestimating the number of days necessary to
harvest the recreational quota. Projection models were improved this
year to account for rapidly increasing angler catch rates and fish
weights. This is supported by data from the June season showing that
average red snapper weights were not significantly different than those
used in the projections.
Additionally, the most recent assessment indicates the population
growth rate is slowing, and appears to be stabilizing in terms of
recruitment and fish size. Because the red snapper population appears
to be stabilizing and the 2013 projection model is more robust and
contains more updated data, NMFS expects the projections to more
accurately predict the number of days needed to harvest the additional
recreational quota. In addition, NMFS has acted conservatively and
determined that the fall season should open for only 14-days as opposed
to the 21-days originally projected. This will further help ensure that
the recreational harvest is constrained to the quota.
Comment 6: Some commenters did not believe the data used for
decisions on red snapper management were appropriate; however, none of
these commenters concluded with support or opposition to the proposed
allowable catch increase. Most commenters felt that the population is
healthier and in greater numbers than what NMFS data show. Some also
believe the average size of red snapper is getting larger.
Response: In 2013, a benchmark assessment (SEDAR 31) was completed
for Gulf red snapper. Stock assessment procedures involve a wide
variety of interest groups such as fishermen, dealers, and
environmental groups, as well as fishery scientists, to ensure the
assessment is based on the best available scientific information and
methodologies. SEDAR 31 shows that red snapper numbers and size are
increasing and that red snapper are not undergoing overfishing, but
that red snapper remains overfished. However, the assessment also
indicates that adequate progress is being made to rebuild the stock to
the target rebuilding level by 2032, the end of the rebuilding plan.
Comment 7: Many commenters supported re-opening the recreational
fishing season in October. An October season would restore the industry
and attract fishermen from all over the southeast back to the Gulf
coast region. They felt the current red snapper population could easily
support the proposed October re-opening without damage to the fishery.
Several stated that the weather was bad for sports fisherman during the
early season, and very few days were fishable. Most felt that the
result will be a positive economic impact for every sector of the
tourism industry and a welcome opportunity for loyal fishing visitors.
Response: NMFS agrees that a re-opening of the recreational fishing
season would have a positive benefit for anglers and communities.
Increasing operating costs and the down-turn in the national economy
have reduced business for for-hire vessel owners and support industries
for private anglers (bait shops, etc.). Any additional opportunity for
red snapper fishing should improve this situation. Because the quotas
are consistent with the rebuilding plan for red snapper, the
recreational sector can be re-opened without significant adverse
impacts to the stock.
Comment 8: Some commenters supported re-opening the recreational
fishing season on weekends only or on weekends plus Fridays and/or
Mondays. The majority of recreational fisherman work during the week
and therefore cannot fish during the week. This would also lengthen the
season so that storms and rough water conditions would not have such a
devastating effect on the coastal economies.
Response: The Council chose to hold the supplemental season on
consecutive days after listening to public testimony at its July 2013
meeting. Although the Council heard testimony in favor of both
continuous and weekend-only seasons, the majority of participants
preferred a continuous season beginning October 1. NMFS agrees that a
continuous season allows for more total days of fishing because effort
is lower during weekdays, and provides opportunity for people who fish
on week days as well as those that fish on weekends.
Comment 9: Two commenters stated that the economic discussion in
the proposed rule failed to provide adequate analysis of the economic
effects on private anglers and shore-side businesses associated with
private recreational fishing.
Response: The economic effects on private anglers and the shore-
side businesses associated with private recreational fishing are not
discussed in the proposed rule because the information on the expected
economic effects provided in the proposed rule was limited to the
requirements of the Regulatory Flexibility Act (RFA). The RFA requires
an analysis of anticipated economic impacts on small entities that are
directly regulated. Private anglers are not considered small entities
under the RFA and the shore-side businesses associated with private
recreational angling are not being directly regulated by the rule. The
economic impacts on private anglers and the shore-side businesses
associated with private recreational fishing were evaluated in the
framework action, which, as noted in the proposed rule, is available on
the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
that this final rule is necessary for the conservation and management
of red snapper and is consistent with the framework action, the 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:
This rule is 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 harvests of
red snapper. As a result, for
[[Page 57317]]
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 annual gross revenue, while the
average commercial vessel with red snapper landings is estimated to
earn approximately $96,000 in annual gross 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 charter vessels, 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 NMFS 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 charter vessels. The average charter vessel is
estimated to earn approximately $80,000 (2011 dollars) in annual gross
revenue and the average headboat is estimated to earn approximately
$242,000 in annual gross revenue.
NMFS has not identified any other small entities that will be
directly affected by this 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, that increased the size standard for Finfish Fishing
from $4.0 to $19.0 million (78 FR 37398). 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 rule are believed to be small business entities.
This rule will 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 increase in
the commercial quota is 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 million/333
vessels = $14,444 per vessel). The expected range in the increase in
gross revenue per vessel is equal to approximately 10.8 percent
($5,417/$50,000) and 15.1 percent ($14,444/$96,000) increases in the
average annual gross revenue per vessel, respectively.
The increase in the recreational quota is 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 charter vessels and approximately $3.765
million for headboats. The projected increase in net operating revenue
for charter vessels is 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 gross 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 gross
revenue per vessel.
The information provided above supports a determination that this
rule will have beneficial effects on affected small entities, and
therefore will 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 was received through public comment of
the proposed rule. However, two comments on the proposed rule stated
that the economic discussion failed to provide adequate analysis of the
economic effects on private anglers and shore-side businesses
associated with private recreational fishing. The economic effects of
the proposed rule on these sectors were evaluated for and provided in
the framework action. The economic effects on private anglers and the
shore-side businesses associated with private recreational fishing are
not discussed in the proposed rule because the information on the
expected economic effects provided in the proposed rule was limited to
the requirements of the RFA. The RFA requires an analysis of
anticipated economic impacts on small entities that are directly
regulated. Private anglers are not small entities under the RFA and the
shore-side businesses associated with private recreational fishing are
not being directly regulated by the rule. The economic impacts on
private anglers and the shore-side businesses associated with private
recreational fishing were evaluated in the framework action, which, as
noted in the proposed rule, is available on the Southeast Regional
Office Web site at https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/.
No additional issues associated with the economic analysis
contained in the proposed rule were raised through public comment. A
summary of all the comments received is provided in the previous
section of this preamble. No changes were made to this final rule as a
result of these comments.
Because this rule will have beneficial effects on affected small
entities, a final regulatory flexibility analysis was not required or
prepared. Copies of the RIR and IRFA are available (see ADDRESSES).
The NOAA Assistant Administrator for Fisheries (AA) waives the 30-
day in effectiveness of the management measures contained in this final
rule under 5 U.S.C. 553(d)(1) because it is a substantive rule that
relieves a restriction on the regulated community. The AA also finds
good cause to waive the 30-day delay in effectiveness under 5 U.S.C.
553(d)(3) because it would be contrary to the public interest. The
Council voted at its July Council meeting to re-open the recreational
red snapper fishing season on October 1, 2013, if NMFS determined that
additional harvest was available. The Council intended to provide
recreational red snapper fishermen as much advanced notice as possible
in order to plan their business practices for a fall re-opening.
Because NMFS has determined that additional harvest of red snapper is
available for the 2013 fishing year, re-opening recreational
[[Page 57318]]
harvest on October 1, 2013, is necessary. In addition, some fishermen
have already booked their fishing trips for an October 1 re-opening and
planned their business practices accordingly. Therefore, if NMFS were
to delay the effectiveness of this final rule to a date after October
1, 2013, those trips would need to be re-booked and fishing
opportunities could be foregone. This could cause confusion among
fishermen, disrupt their business plans, and cause them to incur
additional expenses.
Further, this rule provides benefits to the public because it
increases commercial and recreational quotas for Gulf red snapper and
it will benefit fishermen to realize these increases without delay. The
commercial sector will realize these increases through additional
shares and allocation towards their IFQs and the recreational sector
will realize these increases in additional fishing days. This final
rule provides fishermen the opportunity to harvest additional red
snapper without jeopardizing the rebuilding plan. For all of these
reasons, the AA waives the 30-day delay in effectiveness of this final
rule.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf, Quotas, Red Snapper.
Dated: September 12, 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. 622.39, paragraphs (a)(1)(i) and (a)(2)(i) are revised to
read as follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(1) * * *
(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. 2013-22701 Filed 9-13-13; 4:15 pm]
BILLING CODE 3510-22-P
