Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures, 3541-3546 [2015-01145]
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Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Proposed Rules
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Authority: 49 U.S.C. 30111, 30168;
delegation of authority at 49 CFR 1.95 and
501.8.
Issued in Washington, DC, on January 20th,
2015.
Terry Shelton,
Associate Administrator, National Center for
Statistics and Analysis.
[FR Doc. 2015–01165 Filed 1–22–15; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 140818679–5042–01]
RIN 0648–BE47
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Red
Snapper Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
emcdonald on DSK67QTVN1PROD with PROPOSALS
AGENCY:
NMFS proposes to implement
management measures described in
Amendment 40 to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP),
as prepared by the Gulf of Mexico
Fishery Management Council (Council).
If implemented, this rule would
establish a Federal charter vessel/
SUMMARY:
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headboat (for-hire) component and
private angling component within the
recreational sector, allocate the red
snapper recreational quota and annual
catch target (ACT) between the
components based on historical and
recent landings, and establish separate
red snapper season closure provisions
for the Federal for-hire and private
angling components. These measures
would sunset after 3 years unless the
Council takes additional action. The
purpose of Amendment 40 is to define
distinct private angling and Federal forhire components of the recreational
sector who fish for red snapper, and
allocate the recreational quota between
these components, to increase the
stability for the for-hire component,
provide a basis for increased flexibility
in future management of the
recreational sector, and minimize the
chance for recreational quota overruns,
which could negatively impact the
rebuilding of the red snapper stock.
DATES: Written comments must be
received on or before March 9, 2015.
ADDRESSES: You may submit comments
on the amendment identified by
‘‘NOAA–NMFS–2014–0107’’ by any of
the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20140107, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Peter Hood, Southeast Regional Office,
NMFS, 263 13th Avenue South, St.
Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
Electronic copies of Amendment 40,
which includes an environmental
impact statement, a fishery impact
statement, a Regulatory Flexibility Act
analysis, and a regulatory impact
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3541
review, may be obtained from the
Southeast Regional Office Web site at
https://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Peter Hood, Southeast Regional Office,
NMFS, telephone: 727–824–5305; email:
Peter.Hood@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 Act.
Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing and
achieve, on a continuing basis, the
optimum yield (OY) from federally
managed fish stocks. These mandates
are intended to ensure fishery resources
are managed for the greatest overall
benefit to the nation, particularly with
respect to providing food production
and recreational opportunities, and
protecting marine ecosystems.
Amendment 40 includes actions to
define distinct private angling and
Federal for-hire components of the reef
fish recreational sector fishing for red
snapper and allocate red snapper
resources between these two
recreational components. Establishing
these separate components is intended
to increase the stability for the for-hire
component, provide a basis for
increased flexibility in future
management of the recreational sector,
and reduce the likelihood for
recreational quota overruns. As a result,
the actions are intended to prevent
overfishing while achieving the OY,
particularly with respect to recreational
fishing opportunities, while rebuilding
the red snapper stock.
Recreational Red Snapper Fishing
The Gulf red snapper stock is
overfished and currently under a
rebuilding plan until 2032. Consistent
with the rebuilding plan, both
commercial and recreational quotas
have been allowed to increase as the
stock has recovered. The recreational
sector, which has experienced quota
overages and more recently, shorter
seasons, is managed under a quota, bag
and size limits, and closed seasons. The
recreational season length is determined
using projections that rely on previous
years’ landings information. Even
though the recreational quota has
increased in recent years, the season
length has decreased, in part because
the average size of the fish harvested has
increased and red snapper are more
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readily available as the red snapper
population has grown (i.e., it takes fewer
fish that are more easily caught to fill
the quota). Additionally, inconsistent
state regulations require NMFS to
reduce the length of the Federal
recreational fishing season to account
for increased state water harvest and
have made harvest projections more
difficult.
To minimize the chances of the
recreational sector exceeding its quota
and to mitigate for any quota overages,
the Council submitted and NMFS
proposed regulations to implement a
framework action to the FMP to
establish a recreational ACT for red
snapper and an accountability measure
(AM) that requires an overage
adjustment when the recreational quota
is exceeded and red snapper are
overfished (79 FR 69418, November 21,
2014). The recreational ACT, which is
used to set the recreational season
length, is calculated by reducing the
recreational quota by 20 percent. Should
landings exceed the recreational quota,
the framework action includes an
overage adjustment that would reduce
the recreational quota and the
recreational ACT in the year following
the overage by the amount of the quota
overage to mitigate the effects of the
overharvest.
The recreational sector in the Gulf
includes a private angling component
and a for-hire component. The for-hire
component includes charter vessels and
headboats. Those for-hire vessels with a
Federal charter vessel/headboat permit
for Gulf reef fish are allowed to fish for
red snapper in Federal waters, and those
without Federal permits are restricted to
fishing for red snapper in state waters.
Current recreational management
measures are typically applied to the
recreational sector as a whole, without
making a distinction between the
private and for-hire components.
Because recreational red snapper fishing
seasons in Federal waters have been
getting shorter, red snapper fishing
opportunities for both the for-hire and
private angling components have been
reduced.
There has been a moratorium on the
issuance of new Federal charter vessel/
headboat permits for Gulf reef fish since
2003. This means that no additional
Federal permits are available. This also
means that access to these vessels is
limited to the recreational anglers that
pay to fish from these permitted vessels.
There is no limit to the number of
anglers fishing from private recreational
vessels that target reef fish species.
Private recreational vessels can harvest
red snapper in state waters if the state
season is open when the Federal season
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is closed. There is also no limit to the
number of state-issued permits for forhire vessels operating in state waters.
These state-permitted for-hire vessels
may harvest federally managed species
in state waters only; they may not take
paying passengers on trips to harvest
federally managed species from Federal
waters. Over time, the number of private
recreational anglers (state licensed) has
increased, while the number of vessels
with Federal charter vessels/headboat
permits for Gulf reef fish has decreased.
As a result, private vessel landings over
time have represented a greater
proportion of the recreational harvest as
a whole. For example, in 2003, NMFS
estimates that the Federal for-hire
component caught 47.3 percent of the
recreational harvest while the private
angling component caught 52.7 percent.
By 2013, the Federal for-hire component
portion had declined to 16.7 percent of
the recreational harvest while the
private angling component had
increased to 83.3 percent. By
establishing separate sectors, NMFS
intends to stabilize the Federal for-hire
component’s participation in the sector.
Establishing separate components is
also intended to provide a basis for
flexible management that can be tailored
to the needs of each component, thereby
reducing the likelihood for recreational
quota overruns which could negatively
impact the rebuilding of the red snapper
stock. The landings data for each
component have different degrees of
uncertainty because of differences in
how recreational data are collected.
Private angler data is derived from
surveys whereas for-hire data is
collected through surveys and logbooks.
In addition, the number of for-hire
vessels is known and is much smaller
than vessels operated by private anglers.
When private recreational landings
estimates that have a higher degree of
uncertainty are combined with for-hire
landings data, it is more difficult to
project when the season should close
and less effective management measures
may be implemented in the recreational
sector. Separating management of the
components is expected to improve the
projections of when the recreational
quota is reached and create a platform
for future management of the
recreational sector that can focus on
maximizing opportunities for each
component.
Management Measures Contained in
This Proposed Rule
If implemented, this proposed rule
would: Establish a Federal for-hire and
a private angling component within the
Gulf recreational sector fishing for red
snapper; establish a Federal for-hire
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quota and a private angling quota based
on the component allocation of the red
snapper recreational quota that was
selected in Amendment 40; and
establish separate red snapper ACTs and
seasonal closure provisions for the two
components. Under a sunset provision,
these management measures would only
be in effect for 3 years.
Establishing Private Angling and
Federal For-Hire Components
This proposed rule would establish a
Federal for-hire and a private angling
component within the Gulf recreational
sector fishing for red snapper. The
Federal for-hire component would
include operators of vessels with
Federal charter vessel/headboat permits
for Gulf reef fish and the private angling
component would include anglers
fishing from private vessels and statepermitted for-hire vessels (for purpose
of calculating landings for the
recreational sector as a whole). The
Council’s rationale for establishing these
components is to increase the stability
for the Federal for-hire component,
provide a basis for increased flexibility
in future management of the
recreational sector, and minimize the
chance for recreational quota overruns.
The biological effects analyses in
Amendment 40 also explain that
Amendment 40 is likely to have positive
indirect effects on discard mortality as
compared to the status quo. Thus,
NMFS has made a preliminary
determination that Amendment 40 and
this proposed rule are consistent with
National Standard 5, which requires
that conservation and management
measures, where practicable, consider
efficiency in the utilization of fishery
resources but prohibits any such
measure from having economic
allocation as its sole purpose.
NMFS has also made a preliminary
determination that creating the two
components is consistent with the
requirement in National Standard 4 that
conservation and management measures
not discriminate between residents of
different States. Because red snapper
availability and abundance in state
waters can vary regionally, fishing
opportunities for individual fishermen
in the private-angling component may
vary if the Gulf States set inconsistent
state seasons. However, the actions in
Amendment 40 do not differentiate
between residents of different states. For
the private-angling component, there
will be a single Federal season in the
EEZ off all Gulf states that will be
determined using past landings data and
will take into account any harvest
allowed in state waters.
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Section 407(d) of the MagnusonStevens Act requires separate quotas for
commercial and recreational fishing
(which for the purposes of the
subsection includes charter fishing), and
a prohibition on the retention of fish
when each quota is reached. There is
nothing in this section, or elsewhere in
the Magnuson-Stevens Act, that
prohibits the Council from further subdividing the recreational quota among
different components of the recreational
sector to further improve the
management of the fishery, and this
approach is one that has been used
repeatedly by fishery management
councils nationwide as consistent with
the authority provided in the Act. See
e.g., 16 U.S.C. 1853(b)(3)(A) (allowing
the councils to establish specified
limitations which are necessary and
appropriate for the conservation and
management of the fishery on the—‘‘(A)
catch of fish (based on area, species,
size, number, weight, sex, bycatch, total
biomass, or other factors)’’). The one
constraint on managing the two
components of the recreational sector
independently in section 407(d) is the
mandate to prohibit the retention of red
snapper when the recreational red
snapper quota is reached. Consistent
with this requirement, the proposed rule
would not change the total recreational
quota or the requirement that the
recreational sector be closed when that
total quota is reached. Thus, if NMFS
determines that the Gulf-wide
recreational quota has been met, all
recreational fishing will be prohibited
regardless of whether one component
has remaining allocation. As explained
below, the use of an ACT to set the
component season length will reduce
the likelihood of this occurring.
Quotas
This rule would establish component
quotas based on the allocation of the
recreational quota selected in
Amendment 40 with 42.3 percent of the
quota going to the Federal for-hire
component and 57.7 percent going to
the private angling component. Given a
2015 recreational quota of 5.390 million
lb (2.445 million kg), the rule would set
the Federal for-hire component quota at
2,279,970 lb (1,034,177 kg), round
weight and the private angling
component quota at 3,110,030 lb
(1,410,686 kg), round weight.
In determining the allocation, the
Council considered eight alternatives
that were based on average percentages
of red snapper harvested by the Federal
for-hire and the private angling
components during various time
intervals between 1986 and 2013. These
allocation alternatives were calculated
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using revised landings data and models
developed from a Marine Recreational
Information Program calibration
workshop. This workshop evaluated the
potential effects of a change in sampling
design in 2013 that resulted in increased
estimates of red snapper recreational
effort and landings. In order to ensure
that the Council’s allocation decision
was based on the best scientific
information available, the preliminary
results of this workshop were presented
to the Council at the October 2014
meeting and the Council was advised
that the preferred allocation reflected in
the briefing book version of Amendment
40 could change by up to ±3.3 percent.
The Council discussed this new
information before submitting
Amendment 40 to the Secretary of
Commerce for review and
implementation. When the final results
from the workshop were incorporated in
Amendment 40, 1.7 percent of the
recreational quota was shifted from the
Federal for-hire component to the
private angling component. This did not
result in any changes to the season
length projections included in
Amendment 40 that estimated the
Federal for-hire and private angling
fishing seasons if sector separation had
been implemented in 2014.
The Council also considered the
analysis included in Amendment 40
that addressed the economic impacts of
establishing the two recreational sector
components and allocating the
recreational quota between these two
components. A quantitative economic
analysis is not presented in the
amendment, because the information
required for such an analysis is not
available. However, Amendment 40
includes an extensive qualitative
economic analysis based on the best
scientific information available. NMFS
has made a preliminary determination
that Amendment 40 and the proposed
rule are consistent with the mandate in
National Standard 8 to use economic
and social data that meet the
requirements of National Standard 2,
which states that conservation and
management measures shall be based on
the best scientific information available.
The Council selected the alternative
that combined the longest time period of
available landings (1986–2013) with
landings from a more recent range of
years (2006–2013). Averages from each
of the two time periods were then
equally weighted to determine the
allocation. The Council selected this
allocation because it reflects both
historical changes in the recreational
sector as well as current conditions. It
is also an approach used by the Council
in setting allocations for other species
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(e.g., the jurisdictional apportionment of
black grouper and yellowtail snapper
resources between the Gulf and South
Atlantic Councils).
NMFS has made a preliminary
determination that this allocation is fair
and equitable, and does not
discriminate directly or indirectly
among residents of different states,
consistent with National Standard 4.
NMFS recognizes that the allocation
could limit the length of the Federal
fishing season for the private-angling
component. However, increasing effort,
larger fish in the population as the
species rebuilds, and inconsistent state
seasons have already limited
recreational fishing opportunities for
red snapper in Federal waters, resulting
most recently in a 9-day Federal fishing
season in 2014. In addition, a shorter
Federal fishing season for the privateangling component will likely be offset
by any extended state fishing seasons;
private anglers are able to fish for red
snapper in state waters outside the
Federal fishing season. By separating
the sectors, Amendment 40 is expected
to increase the total benefits to the
recreational sector by stabilizing the
Federal for-hire component’s
participation in the sector, creating a
platform for future management that can
focus on maximizing opportunities for
each component, reducing discard
mortality, and reducing the likelihood
of recreational quota overruns.
NMFS has also made a preliminary
determination that Amendment 40 and
the proposed rule is consistent with
National Standard 10, which requires
that conservation and management
measures, to the extent practicable,
promote the safety of human life at sea.
As noted above, a shorter Federal
fishing season for the private-angling
component will be offset by any
extended state fishing seasons, reducing
any incentive to fish in unsafe
conditions. In addition, unlike
commercial fishermen, private anglers
do not have an economic incentive to
fish in unsafe conditions. Thus, NMFS
has determined that it is unlikely that
private anglers will attempt to fish for
red snapper in Federal waters in
hazardous weather conditions.
Recreational Season Closure Provisions
The proposed rule would establish
separate red snapper seasonal closure
provisions for the Federal for-hire and
private angling components based on
each component’s ACT. Each
component’s season would begin on
June 1 and the season length would be
projected from each component’s ACT.
The ACTs would be reduced from each
component’s quota by 20 percent. This
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is intended to reduce the likelihood that
either component will exceed its quota.
In 2014, the recreational fishing season
was set based on an ACT that was 20
percent below the recreational quota
and preliminary landings estimates
indicate that this was effective in
constraining recreational landings to the
quota.
Given the respective component
quotas given above, the Federal charter
vessel/headboat component ACT would
be 1.824 million lb (0.827 million kg),
round weight, and the private angling
ACT would be 2.488 million lb (1.129
million kg), round weight. Season
lengths would be determined after more
information about 2014 recreational
landings data and the results of an
update stock assessment are available.
Sunset Provision
This rule would implement a 3-year
sunset provision for the establishment
of the Federal for-hire and private
angling components and associated
management measures. For example, if
this rule is implemented in time for the
June 1, 2015, Federal recreational
fishing season, the components and
associated management measures would
be effective through the end of the 2017
fishing year, on December 31, 2017. For
these components and management
measures to extend beyond 3 years, the
Council would need to take further
action.
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Red Snapper Framework Action
As noted above, NMFS published a
proposed rule to implement a
framework action to the FMP to revise
the recreational AMs for red snapper
and establish a recreational ACT for red
snapper (79 FR 69418, November 21,
2014). That proposed rule added
paragraph (q) to § 622.41, and this
proposed rule would revise paragraph
(q) to § 622.41 to include component
specific ACTs and closure provisions.
The final rule for the framework action
is under development and is expected to
publish before a final rule implementing
Amendment 40 is published.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the Assistant
Administrator for Fisheries has
determined that this proposed rule is
consistent with Amendment 40, the
FMP, the Magnuson-Stevens Act, and
other applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
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to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if implemented,
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
determination is as follows:
The purpose of this proposed rule is
to establish distinct private angling and
Federal for-hire components of the
recreational sector that harvests red
snapper and allocate the allowable
portion of the red snapper resource
between these two components to
facilitate the development of
management approaches tailored to
each component. The MagnusonStevens Act provides the statutory basis
for this proposed rule.
This proposed rule, if implemented,
would directly affect all vessels with a
Federal charter vessel/headboat permit
for Gulf reef fish (hereafter referred to as
a for-hire permit). For-hire vessels that
only have a state permit would not be
directly affected because they cannot
take paying passengers to fish for red
snapper in the EEZ. Headboats, which
charge a fee per passenger, and charter
vessels, which charge a fee on a whole
vessel basis, are types of vessel
operations that participate in the forhire fishing sector. A Federal for-hire
permit is required for for-hire vessels to
harvest reef fish species, including red
snapper, in the Gulf exclusive economic
zone. On May 29, 2014, there were
1,336 valid (non-expired) or renewable
Gulf reef fish for-hire permits. A
renewable permit is an expired permit
that may not be actively fished, but is
renewable for up to 1 year after
expiration. Although the for-hire permit
application collects information on the
primary method of operation, the permit
itself does not identify the permitted
vessel as either a headboat or a charter
vessel and vessels may operate in both
capacities. However, only federally
permitted headboats are required to
submit harvest and effort information to
the NMFS Southeast Region Headboat
Survey (SRHS). Participation in the
SRHS is based on determination by the
Southeast Fishery Science Center that
the vessel primarily operates as a
headboat. Sixty-seven vessels were
registered in the SHRS as of April 8,
2014. As a result, the estimated 1,336
vessels expected to be directly affected
by this proposed rule are expected to
consist of 1,269 charter vessels and 67
headboats. The average charter vessel is
estimated to receive approximately
$83,000 (2013 dollars) in annual
revenue. The average headboat is
estimated to receive approximately
$251,000 (2013 dollars) in annual
revenue.
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NMFS has not identified any other
small entities that might be directly
affected by this proposed rule.
The Small Business Administration
has established size criteria for all major
industry sectors in the U.S., including
fish harvesters. A business involved in
the for-hire fishing industry is classified
as a small business if it is independently
owned and operated, is not dominant in
its field of operation (including its
affiliates), and has combined annual
receipts not in excess of $7.5 million
(NAICS code 487210, for-hire
businesses) for all its affiliated
operations worldwide. All for-hire
businesses expected to be directly
affected by this proposed rule are
believed to be small business entities.
This proposed rule contains three
actions that would establish separate
Federal for-hire and private angler
components for the recreational harvest
of red snapper in the Gulf, specify the
red snapper quota for each component,
and set separate red snapper season
closure provisions, based on the annual
catch target, for each component. These
proposed management changes would
sunset after 3 years. Collectively, these
actions would be expected to result in
increased economic benefits to for-hire
small business entities because they
would increase the management
flexibility to implement componentspecific measures designed to increase
the economic benefits accruing to each
component. The immediate direct
economic benefits of this proposed rule
primarily, if not exclusively, would be
expected to result from the specification
of a for-hire component quota.
Establishing the for-hire component
would establish the platform on which
to specify an allocation. Otherwise, no
other immediate direct effects would
accrue to this action. Establishing
separate components, however, would
enable future management changes that
may be expected to result in increased
economic benefits to small entities.
These effects would be a direct effect of
these future changes, and would be
evaluated at that time, and not a direct
effect of this proposed rule. Separate
seasonal closure provisions would both
aid the development of future
component-specific management
measures designed to increase economic
benefits, and help ensure that the
benefits expected to accrue to separate
component quotas are realized.
The proposed for-hire quota would
result from an allocation of 42.3 percent,
that is larger than the portion of the
allowable red snapper harvest taken by
for-hire anglers in 2013 (18 percent) and
the average annual harvest of 2011–2013
(23 percent). As a result, the proposed
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quota would be expected to result in an
increase in the red snapper harvest by
for-hire anglers, an increase in the
number of anglers that harvest red
snapper from Federal for-hire vessels
and, in turn, an increase in revenue and
profits to for-hire vessels carrying these
anglers. Meaningful estimation of the
total increase in revenue and profits
across the entire industry (all Federal
for-hire vessels) or per vessel is not
possible with available data. Increasing
the amount of red snapper that can be
harvested by anglers fishing from
Federal for-hire vessels would be
expected to increase the number of days
red snapper may be harvested by these
anglers. Because this would augment
the ‘‘harvest opportunity’’ provided by a
Federal for-hire vessel during the
potentially extended season, some
Federal for-hire vessels may be able to
charge a higher price if angler demand
is sufficient. Perhaps more importantly,
only a portion of the increased
allowable harvest by for-hire anglers
would be expected to be taken on new
trips. The remaining portion of the
quota would be harvested on trips that
would occur even if the red snapper
season were closed, but could now keep
red snapper as a result of the increase
in the quota and associated extended
season. Federal for-hire revenue would
only increase if higher fees are charged
or new trips occur. However, because
competition would be expected to
reduce the opportunity to increase forhire prices, increases in revenue, and
associated profits, are more likely to
come from new trips. The proposed
sunset provision would be expected to
limit the duration of these effects, but
not the amount or direction (increased
revenue and profits) of these effects.
Because of the uncertainty associated
with these factors, meaningful estimates
of the expected change in revenue or
profits cannot be generated.
Nevertheless, the net effect of the
actions in this proposed rule is expected
to be an increase in profit to the affected
Federal for-hire small business entities.
Because this proposed rule, if
implemented, would not be expected to
have a significant direct adverse
economic effect on a substantial number
of small entities, an initial regulatory
flexibility analysis is not required and
none has been prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf, Quotas,
Recreational, Red Snapper.
VerDate Sep<11>2014
19:56 Jan 22, 2015
Jkt 235001
Dated: January 16, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be amended as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.8, paragraphs (a) and (c) are
revised to read as follows:
■
§ 622.8
Quotas—general.
(a) Quotas apply for the fishing year
for each species, species group, sector or
component, unless accountability
measures are implemented during the
fishing year pursuant to the applicable
annual catch limits and accountability
measures sections of subparts B through
V of this part due to a quota overage
occurring the previous year, in which
case a reduced quota will be specified
through notification in the Federal
Register. Annual quota increases are
contingent on the total allowable catch
for the applicable species not being
exceeded in the previous fishing year. If
the total allowable catch is exceeded in
the previous fishing year, the RA will
file a notification with the Office of the
Federal Register to maintain the quota
for the applicable species, sector or
component from the previous fishing
year for following fishing years, unless
the best scientific information available
determines maintaining the quota from
the previous year is unnecessary. Except
for the quotas for Gulf and South
Atlantic coral, the quotas include
species harvested from state waters
adjoining the EEZ.
*
*
*
*
*
(c) Reopening. When a species, sector
or component has been closed based on
a projection of the quota specified in
this part, or the ACL specified in the
applicable annual catch limits and
accountability measures sections of
subparts B through V of this part being
reached and subsequent data indicate
that the quota or ACL was not reached,
the Assistant Administrator may file a
notification to that effect with the Office
of the Federal Register. Such
notification may reopen the species,
sector or component to provide an
opportunity for the quota or ACL to be
harvested.
■ 3. In § 622.39, paragraphs (a)(2)(i) and
(c) are revised to read as follows:
PO 00000
Frm 00048
Fmt 4702
Sfmt 4702
§ 622.39
3545
Quotas.
*
*
*
*
*
(a) * * *
(2) * * *
(i) Recreational quota for red snapper.
(A) Total recreational quota (Federal
charter vessel/headboat and private
angling component quotas combined)—
5.390 million lb (2.445 million kg),
round weight.
(B) Federal charter vessel/headboat
component quota—2,279,970 lb
(1,034,177 kg), round weight. The
Federal charter vessel/headboat
component quota applies to vessels that
have a valid Federal charter vessel/
headboat permit for Gulf reef fish any
time during the fishing year. This
component quota is effective for only
the 2015, 2016, and 2017 fishing years.
For the 2018 and subsequent fishing
years, the total recreational quota
specified in § 622.39(a)(2)(i)(A) will
apply to the recreational sector.
(C) Private angling component
quota—3,110,030 lb (1,410,686 kg),
round weight. The private angling
component quota applies to vessels that
fish under the bag limit and do not have
a Federal charter vessel/headboat permit
for Gulf reef fish any time during the
fishing year. This component quota is
effective for only the 2015, 2016, and
2017 fishing years. For the 2018 and
subsequent fishing years, the total
recreational quota specified in
§ 622.39(a)(2)(i)(A) will apply to the
recreational sector.
*
*
*
*
*
(c) Restrictions applicable after a
recreational quota closure or
recreational component quota closure.
The bag limit for the applicable species
for the recreational sector or recreational
sector component in or from the Gulf
EEZ is zero. When the Federal charter
vessel/headboat component is closed or
the entire recreational sector is closed,
this bag and possession limit applies in
the Gulf on board a vessel for which a
valid Federal charter vessel/headboat
permit for Gulf reef fish has been issued,
without regard to where such species
were harvested, i.e. in state or Federal
waters.
■ 4. In § 622.41, paragraph (q) is revised
to read as follows:
§ 622.41 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(q) Red snapper—(1) Commercial
sector. The IFQ program for red snapper
in the Gulf of Mexico serves as the
accountability measure for commercial
red snapper. The commercial ACL for
red snapper is equal to the commercial
quota specified in § 622.39(a)(1)(i).
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Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Proposed Rules
emcdonald on DSK67QTVN1PROD with PROPOSALS
(2) Recreational sector. (i) The AA
will determine the length of the red
snapper recreational fishing season, or
recreational fishing seasons for the
Federal charter vessel/headboat and
private angling components, based on
when recreational landings are
projected to reach the recreational ACT,
or respective recreational component
ACT specified in paragraph (q)(2)(iii) of
this section, and announce the closure
date(s) in the Federal Register. These
seasons will serve as in-season
accountability measures. On and after
the effective date of the recreational
closure or recreational component
closure notifications, the bag and
possession limit for red snapper or for
the respective component is zero. When
the recreational sector or Federal charter
vessel/headboat component is closed,
this bag and possession limit applies in
the Gulf on board a vessel for which a
valid Federal charter vessel/headboat
VerDate Sep<11>2014
19:56 Jan 22, 2015
Jkt 235001
permit for Gulf reef fish has been issued,
without regard to where such species
were harvested, i.e., in state or Federal
waters.
(ii) In addition to the measures
specified in paragraph (q)(2)(i) of this
section, if red snapper recreational
landings, as estimated by the SRD,
exceed the total recreational quota
specified in § 622.39(a)(2)(i)(A), and red
snapper are overfished, based on the
most recent Status of U.S. Fisheries
Report to Congress, the AA will file a
notification with the Office of the
Federal Register to reduce the total
recreational quota by the amount of the
quota overage in the prior fishing year,
and if applicable, reduce the
recreational component ACTs specified
in paragraph (q)(2)(iii) of this section
(based on the buffer between the
component ACTs and the total
recreational quota specified in the
FMP), unless the best scientific
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Fmt 4702
Sfmt 9990
information available determines that a
greater, lesser, or no overage adjustment
is necessary.
(iii) The recreational ACL is equal to
the total recreational quota specified in
§ 622.39(b)(2)(i)(A). The total
recreational ACT for red snapper is
4.312 million lb (1.956 million kg),
round weight. The recreational
component ACTs for red snapper are
1.824 million lb (0.827 million kg),
round weight, for the Federal charter
vessel/headboat component and 2.488
million lb (1.129 million kg), round
weight, for the private angling
component. These recreational
component ACTs are effective for only
the 2015, 2016, and 2017 fishing years.
For the 2018 and subsequent fishing
years, the total recreational ACT will
apply to the recreational sector.
[FR Doc. 2015–01145 Filed 1–22–15; 8:45 am]
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 80, Number 15 (Friday, January 23, 2015)]
[Proposed Rules]
[Pages 3541-3546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01145]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140818679-5042-01]
RIN 0648-BE47
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement management measures described in
Amendment 40 to the Fishery Management Plan for the Reef Fish Resources
of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery
Management Council (Council). If implemented, this rule would establish
a Federal charter vessel/headboat (for-hire) component and private
angling component within the recreational sector, allocate the red
snapper recreational quota and annual catch target (ACT) between the
components based on historical and recent landings, and establish
separate red snapper season closure provisions for the Federal for-hire
and private angling components. These measures would sunset after 3
years unless the Council takes additional action. The purpose of
Amendment 40 is to define distinct private angling and Federal for-hire
components of the recreational sector who fish for red snapper, and
allocate the recreational quota between these components, to increase
the stability for the for-hire component, provide a basis for increased
flexibility in future management of the recreational sector, and
minimize the chance for recreational quota overruns, which could
negatively impact the rebuilding of the red snapper stock.
DATES: Written comments must be received on or before March 9, 2015.
ADDRESSES: You may submit comments on the amendment identified by
``NOAA-NMFS-2014-0107'' by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0107, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Peter Hood, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
Electronic copies of Amendment 40, which includes an environmental
impact statement, a fishery impact statement, a Regulatory Flexibility
Act analysis, and a regulatory impact review, may be obtained from the
Southeast Regional Office Web site at https://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office,
NMFS, telephone: 727-824-5305; email: Peter.Hood@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 Act.
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the optimum yield (OY) from federally managed fish stocks. These
mandates are intended to ensure fishery resources are managed for the
greatest overall benefit to the nation, particularly with respect to
providing food production and recreational opportunities, and
protecting marine ecosystems. Amendment 40 includes actions to define
distinct private angling and Federal for-hire components of the reef
fish recreational sector fishing for red snapper and allocate red
snapper resources between these two recreational components.
Establishing these separate components is intended to increase the
stability for the for-hire component, provide a basis for increased
flexibility in future management of the recreational sector, and reduce
the likelihood for recreational quota overruns. As a result, the
actions are intended to prevent overfishing while achieving the OY,
particularly with respect to recreational fishing opportunities, while
rebuilding the red snapper stock.
Recreational Red Snapper Fishing
The Gulf red snapper stock is overfished and currently under a
rebuilding plan until 2032. Consistent with the rebuilding plan, both
commercial and recreational quotas have been allowed to increase as the
stock has recovered. The recreational sector, which has experienced
quota overages and more recently, shorter seasons, is managed under a
quota, bag and size limits, and closed seasons. The recreational season
length is determined using projections that rely on previous years'
landings information. Even though the recreational quota has increased
in recent years, the season length has decreased, in part because the
average size of the fish harvested has increased and red snapper are
more
[[Page 3542]]
readily available as the red snapper population has grown (i.e., it
takes fewer fish that are more easily caught to fill the quota).
Additionally, inconsistent state regulations require NMFS to reduce the
length of the Federal recreational fishing season to account for
increased state water harvest and have made harvest projections more
difficult.
To minimize the chances of the recreational sector exceeding its
quota and to mitigate for any quota overages, the Council submitted and
NMFS proposed regulations to implement a framework action to the FMP to
establish a recreational ACT for red snapper and an accountability
measure (AM) that requires an overage adjustment when the recreational
quota is exceeded and red snapper are overfished (79 FR 69418, November
21, 2014). The recreational ACT, which is used to set the recreational
season length, is calculated by reducing the recreational quota by 20
percent. Should landings exceed the recreational quota, the framework
action includes an overage adjustment that would reduce the
recreational quota and the recreational ACT in the year following the
overage by the amount of the quota overage to mitigate the effects of
the overharvest.
The recreational sector in the Gulf includes a private angling
component and a for-hire component. The for-hire component includes
charter vessels and headboats. Those for-hire vessels with a Federal
charter vessel/headboat permit for Gulf reef fish are allowed to fish
for red snapper in Federal waters, and those without Federal permits
are restricted to fishing for red snapper in state waters. Current
recreational management measures are typically applied to the
recreational sector as a whole, without making a distinction between
the private and for-hire components. Because recreational red snapper
fishing seasons in Federal waters have been getting shorter, red
snapper fishing opportunities for both the for-hire and private angling
components have been reduced.
There has been a moratorium on the issuance of new Federal charter
vessel/headboat permits for Gulf reef fish since 2003. This means that
no additional Federal permits are available. This also means that
access to these vessels is limited to the recreational anglers that pay
to fish from these permitted vessels. There is no limit to the number
of anglers fishing from private recreational vessels that target reef
fish species. Private recreational vessels can harvest red snapper in
state waters if the state season is open when the Federal season is
closed. There is also no limit to the number of state-issued permits
for for-hire vessels operating in state waters. These state-permitted
for-hire vessels may harvest federally managed species in state waters
only; they may not take paying passengers on trips to harvest federally
managed species from Federal waters. Over time, the number of private
recreational anglers (state licensed) has increased, while the number
of vessels with Federal charter vessels/headboat permits for Gulf reef
fish has decreased. As a result, private vessel landings over time have
represented a greater proportion of the recreational harvest as a
whole. For example, in 2003, NMFS estimates that the Federal for-hire
component caught 47.3 percent of the recreational harvest while the
private angling component caught 52.7 percent. By 2013, the Federal
for-hire component portion had declined to 16.7 percent of the
recreational harvest while the private angling component had increased
to 83.3 percent. By establishing separate sectors, NMFS intends to
stabilize the Federal for-hire component's participation in the sector.
Establishing separate components is also intended to provide a
basis for flexible management that can be tailored to the needs of each
component, thereby reducing the likelihood for recreational quota
overruns which could negatively impact the rebuilding of the red
snapper stock. The landings data for each component have different
degrees of uncertainty because of differences in how recreational data
are collected. Private angler data is derived from surveys whereas for-
hire data is collected through surveys and logbooks. In addition, the
number of for-hire vessels is known and is much smaller than vessels
operated by private anglers. When private recreational landings
estimates that have a higher degree of uncertainty are combined with
for-hire landings data, it is more difficult to project when the season
should close and less effective management measures may be implemented
in the recreational sector. Separating management of the components is
expected to improve the projections of when the recreational quota is
reached and create a platform for future management of the recreational
sector that can focus on maximizing opportunities for each component.
Management Measures Contained in This Proposed Rule
If implemented, this proposed rule would: Establish a Federal for-
hire and a private angling component within the Gulf recreational
sector fishing for red snapper; establish a Federal for-hire quota and
a private angling quota based on the component allocation of the red
snapper recreational quota that was selected in Amendment 40; and
establish separate red snapper ACTs and seasonal closure provisions for
the two components. Under a sunset provision, these management measures
would only be in effect for 3 years.
Establishing Private Angling and Federal For-Hire Components
This proposed rule would establish a Federal for-hire and a private
angling component within the Gulf recreational sector fishing for red
snapper. The Federal for-hire component would include operators of
vessels with Federal charter vessel/headboat permits for Gulf reef fish
and the private angling component would include anglers fishing from
private vessels and state-permitted for-hire vessels (for purpose of
calculating landings for the recreational sector as a whole). The
Council's rationale for establishing these components is to increase
the stability for the Federal for-hire component, provide a basis for
increased flexibility in future management of the recreational sector,
and minimize the chance for recreational quota overruns. The biological
effects analyses in Amendment 40 also explain that Amendment 40 is
likely to have positive indirect effects on discard mortality as
compared to the status quo. Thus, NMFS has made a preliminary
determination that Amendment 40 and this proposed rule are consistent
with National Standard 5, which requires that conservation and
management measures, where practicable, consider efficiency in the
utilization of fishery resources but prohibits any such measure from
having economic allocation as its sole purpose.
NMFS has also made a preliminary determination that creating the
two components is consistent with the requirement in National Standard
4 that conservation and management measures not discriminate between
residents of different States. Because red snapper availability and
abundance in state waters can vary regionally, fishing opportunities
for individual fishermen in the private-angling component may vary if
the Gulf States set inconsistent state seasons. However, the actions in
Amendment 40 do not differentiate between residents of different
states. For the private-angling component, there will be a single
Federal season in the EEZ off all Gulf states that will be determined
using past landings data and will take into account any harvest allowed
in state waters.
[[Page 3543]]
Section 407(d) of the Magnuson-Stevens Act requires separate quotas
for commercial and recreational fishing (which for the purposes of the
subsection includes charter fishing), and a prohibition on the
retention of fish when each quota is reached. There is nothing in this
section, or elsewhere in the Magnuson-Stevens Act, that prohibits the
Council from further sub-dividing the recreational quota among
different components of the recreational sector to further improve the
management of the fishery, and this approach is one that has been used
repeatedly by fishery management councils nationwide as consistent with
the authority provided in the Act. See e.g., 16 U.S.C. 1853(b)(3)(A)
(allowing the councils to establish specified limitations which are
necessary and appropriate for the conservation and management of the
fishery on the--``(A) catch of fish (based on area, species, size,
number, weight, sex, bycatch, total biomass, or other factors)''). The
one constraint on managing the two components of the recreational
sector independently in section 407(d) is the mandate to prohibit the
retention of red snapper when the recreational red snapper quota is
reached. Consistent with this requirement, the proposed rule would not
change the total recreational quota or the requirement that the
recreational sector be closed when that total quota is reached. Thus,
if NMFS determines that the Gulf-wide recreational quota has been met,
all recreational fishing will be prohibited regardless of whether one
component has remaining allocation. As explained below, the use of an
ACT to set the component season length will reduce the likelihood of
this occurring.
Quotas
This rule would establish component quotas based on the allocation
of the recreational quota selected in Amendment 40 with 42.3 percent of
the quota going to the Federal for-hire component and 57.7 percent
going to the private angling component. Given a 2015 recreational quota
of 5.390 million lb (2.445 million kg), the rule would set the Federal
for-hire component quota at 2,279,970 lb (1,034,177 kg), round weight
and the private angling component quota at 3,110,030 lb (1,410,686 kg),
round weight.
In determining the allocation, the Council considered eight
alternatives that were based on average percentages of red snapper
harvested by the Federal for-hire and the private angling components
during various time intervals between 1986 and 2013. These allocation
alternatives were calculated using revised landings data and models
developed from a Marine Recreational Information Program calibration
workshop. This workshop evaluated the potential effects of a change in
sampling design in 2013 that resulted in increased estimates of red
snapper recreational effort and landings. In order to ensure that the
Council's allocation decision was based on the best scientific
information available, the preliminary results of this workshop were
presented to the Council at the October 2014 meeting and the Council
was advised that the preferred allocation reflected in the briefing
book version of Amendment 40 could change by up to 3.3
percent. The Council discussed this new information before submitting
Amendment 40 to the Secretary of Commerce for review and
implementation. When the final results from the workshop were
incorporated in Amendment 40, 1.7 percent of the recreational quota was
shifted from the Federal for-hire component to the private angling
component. This did not result in any changes to the season length
projections included in Amendment 40 that estimated the Federal for-
hire and private angling fishing seasons if sector separation had been
implemented in 2014.
The Council also considered the analysis included in Amendment 40
that addressed the economic impacts of establishing the two
recreational sector components and allocating the recreational quota
between these two components. A quantitative economic analysis is not
presented in the amendment, because the information required for such
an analysis is not available. However, Amendment 40 includes an
extensive qualitative economic analysis based on the best scientific
information available. NMFS has made a preliminary determination that
Amendment 40 and the proposed rule are consistent with the mandate in
National Standard 8 to use economic and social data that meet the
requirements of National Standard 2, which states that conservation and
management measures shall be based on the best scientific information
available.
The Council selected the alternative that combined the longest time
period of available landings (1986-2013) with landings from a more
recent range of years (2006-2013). Averages from each of the two time
periods were then equally weighted to determine the allocation. The
Council selected this allocation because it reflects both historical
changes in the recreational sector as well as current conditions. It is
also an approach used by the Council in setting allocations for other
species (e.g., the jurisdictional apportionment of black grouper and
yellowtail snapper resources between the Gulf and South Atlantic
Councils).
NMFS has made a preliminary determination that this allocation is
fair and equitable, and does not discriminate directly or indirectly
among residents of different states, consistent with National Standard
4. NMFS recognizes that the allocation could limit the length of the
Federal fishing season for the private-angling component. However,
increasing effort, larger fish in the population as the species
rebuilds, and inconsistent state seasons have already limited
recreational fishing opportunities for red snapper in Federal waters,
resulting most recently in a 9-day Federal fishing season in 2014. In
addition, a shorter Federal fishing season for the private-angling
component will likely be offset by any extended state fishing seasons;
private anglers are able to fish for red snapper in state waters
outside the Federal fishing season. By separating the sectors,
Amendment 40 is expected to increase the total benefits to the
recreational sector by stabilizing the Federal for-hire component's
participation in the sector, creating a platform for future management
that can focus on maximizing opportunities for each component, reducing
discard mortality, and reducing the likelihood of recreational quota
overruns.
NMFS has also made a preliminary determination that Amendment 40
and the proposed rule is consistent with National Standard 10, which
requires that conservation and management measures, to the extent
practicable, promote the safety of human life at sea. As noted above, a
shorter Federal fishing season for the private-angling component will
be offset by any extended state fishing seasons, reducing any incentive
to fish in unsafe conditions. In addition, unlike commercial fishermen,
private anglers do not have an economic incentive to fish in unsafe
conditions. Thus, NMFS has determined that it is unlikely that private
anglers will attempt to fish for red snapper in Federal waters in
hazardous weather conditions.
Recreational Season Closure Provisions
The proposed rule would establish separate red snapper seasonal
closure provisions for the Federal for-hire and private angling
components based on each component's ACT. Each component's season would
begin on June 1 and the season length would be projected from each
component's ACT. The ACTs would be reduced from each component's quota
by 20 percent. This
[[Page 3544]]
is intended to reduce the likelihood that either component will exceed
its quota. In 2014, the recreational fishing season was set based on an
ACT that was 20 percent below the recreational quota and preliminary
landings estimates indicate that this was effective in constraining
recreational landings to the quota.
Given the respective component quotas given above, the Federal
charter vessel/headboat component ACT would be 1.824 million lb (0.827
million kg), round weight, and the private angling ACT would be 2.488
million lb (1.129 million kg), round weight. Season lengths would be
determined after more information about 2014 recreational landings data
and the results of an update stock assessment are available.
Sunset Provision
This rule would implement a 3-year sunset provision for the
establishment of the Federal for-hire and private angling components
and associated management measures. For example, if this rule is
implemented in time for the June 1, 2015, Federal recreational fishing
season, the components and associated management measures would be
effective through the end of the 2017 fishing year, on December 31,
2017. For these components and management measures to extend beyond 3
years, the Council would need to take further action.
Red Snapper Framework Action
As noted above, NMFS published a proposed rule to implement a
framework action to the FMP to revise the recreational AMs for red
snapper and establish a recreational ACT for red snapper (79 FR 69418,
November 21, 2014). That proposed rule added paragraph (q) to Sec.
622.41, and this proposed rule would revise paragraph (q) to Sec.
622.41 to include component specific ACTs and closure provisions. The
final rule for the framework action is under development and is
expected to publish before a final rule implementing Amendment 40 is
published.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator for Fisheries has determined that this proposed
rule is consistent with Amendment 40, the FMP, the Magnuson-Stevens
Act, and other applicable law, subject to further consideration after
public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if implemented, would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this determination is as follows:
The purpose of this proposed rule is to establish distinct private
angling and Federal for-hire components of the recreational sector that
harvests red snapper and allocate the allowable portion of the red
snapper resource between these two components to facilitate the
development of management approaches tailored to each component. The
Magnuson-Stevens Act provides the statutory basis for this proposed
rule.
This proposed rule, if implemented, would directly affect all
vessels with a Federal charter vessel/headboat permit for Gulf reef
fish (hereafter referred to as a for-hire permit). For-hire vessels
that only have a state permit would not be directly affected because
they cannot take paying passengers to fish for red snapper in the EEZ.
Headboats, which charge a fee per passenger, and charter vessels, which
charge a fee on a whole vessel basis, are types of vessel operations
that participate in the for-hire fishing sector. A Federal for-hire
permit is required for for-hire vessels to harvest reef fish species,
including red snapper, in the Gulf exclusive economic zone. On May 29,
2014, there were 1,336 valid (non-expired) or renewable Gulf reef fish
for-hire permits. A renewable permit is an expired permit that may not
be actively fished, but is renewable for up to 1 year after expiration.
Although the for-hire permit application collects information on the
primary method of operation, the permit itself does not identify the
permitted vessel as either a headboat or a charter vessel and vessels
may operate in both capacities. However, only federally permitted
headboats are required to submit harvest and effort information to the
NMFS Southeast Region Headboat Survey (SRHS). Participation in the SRHS
is based on determination by the Southeast Fishery Science Center that
the vessel primarily operates as a headboat. Sixty-seven vessels were
registered in the SHRS as of April 8, 2014. As a result, the estimated
1,336 vessels expected to be directly affected by this proposed rule
are expected to consist of 1,269 charter vessels and 67 headboats. The
average charter vessel is estimated to receive approximately $83,000
(2013 dollars) in annual revenue. The average headboat is estimated to
receive approximately $251,000 (2013 dollars) in annual revenue.
NMFS has not identified any other small entities that might be
directly affected by this proposed rule.
The Small Business Administration has established size criteria for
all major industry sectors in the U.S., including fish harvesters. A
business involved in the for-hire fishing industry is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual receipts not in excess of $7.5 million (NAICS code
487210, for-hire businesses) for all its affiliated operations
worldwide. All for-hire businesses expected to be directly affected by
this proposed rule are believed to be small business entities.
This proposed rule contains three actions that would establish
separate Federal for-hire and private angler components for the
recreational harvest of red snapper in the Gulf, specify the red
snapper quota for each component, and set separate red snapper season
closure provisions, based on the annual catch target, for each
component. These proposed management changes would sunset after 3
years. Collectively, these actions would be expected to result in
increased economic benefits to for-hire small business entities because
they would increase the management flexibility to implement component-
specific measures designed to increase the economic benefits accruing
to each component. The immediate direct economic benefits of this
proposed rule primarily, if not exclusively, would be expected to
result from the specification of a for-hire component quota.
Establishing the for-hire component would establish the platform on
which to specify an allocation. Otherwise, no other immediate direct
effects would accrue to this action. Establishing separate components,
however, would enable future management changes that may be expected to
result in increased economic benefits to small entities. These effects
would be a direct effect of these future changes, and would be
evaluated at that time, and not a direct effect of this proposed rule.
Separate seasonal closure provisions would both aid the development of
future component-specific management measures designed to increase
economic benefits, and help ensure that the benefits expected to accrue
to separate component quotas are realized.
The proposed for-hire quota would result from an allocation of 42.3
percent, that is larger than the portion of the allowable red snapper
harvest taken by for-hire anglers in 2013 (18 percent) and the average
annual harvest of 2011-2013 (23 percent). As a result, the proposed
[[Page 3545]]
quota would be expected to result in an increase in the red snapper
harvest by for-hire anglers, an increase in the number of anglers that
harvest red snapper from Federal for-hire vessels and, in turn, an
increase in revenue and profits to for-hire vessels carrying these
anglers. Meaningful estimation of the total increase in revenue and
profits across the entire industry (all Federal for-hire vessels) or
per vessel is not possible with available data. Increasing the amount
of red snapper that can be harvested by anglers fishing from Federal
for-hire vessels would be expected to increase the number of days red
snapper may be harvested by these anglers. Because this would augment
the ``harvest opportunity'' provided by a Federal for-hire vessel
during the potentially extended season, some Federal for-hire vessels
may be able to charge a higher price if angler demand is sufficient.
Perhaps more importantly, only a portion of the increased allowable
harvest by for-hire anglers would be expected to be taken on new trips.
The remaining portion of the quota would be harvested on trips that
would occur even if the red snapper season were closed, but could now
keep red snapper as a result of the increase in the quota and
associated extended season. Federal for-hire revenue would only
increase if higher fees are charged or new trips occur. However,
because competition would be expected to reduce the opportunity to
increase for-hire prices, increases in revenue, and associated profits,
are more likely to come from new trips. The proposed sunset provision
would be expected to limit the duration of these effects, but not the
amount or direction (increased revenue and profits) of these effects.
Because of the uncertainty associated with these factors,
meaningful estimates of the expected change in revenue or profits
cannot be generated. Nevertheless, the net effect of the actions in
this proposed rule is expected to be an increase in profit to the
affected Federal for-hire small business entities.
Because this proposed rule, if implemented, would not be expected
to have a significant direct adverse economic effect on a substantial
number of small entities, an initial regulatory flexibility analysis is
not required and none has been prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf, Quotas, Recreational, Red Snapper.
Dated: January 16, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.8, paragraphs (a) and (c) are revised to read as
follows:
Sec. 622.8 Quotas--general.
(a) Quotas apply for the fishing year for each species, species
group, sector or component, unless accountability measures are
implemented during the fishing year pursuant to the applicable annual
catch limits and accountability measures sections of subparts B through
V of this part due to a quota overage occurring the previous year, in
which case a reduced quota will be specified through notification in
the Federal Register. Annual quota increases are contingent on the
total allowable catch for the applicable species not being exceeded in
the previous fishing year. If the total allowable catch is exceeded in
the previous fishing year, the RA will file a notification with the
Office of the Federal Register to maintain the quota for the applicable
species, sector or component from the previous fishing year for
following fishing years, unless the best scientific information
available determines maintaining the quota from the previous year is
unnecessary. Except for the quotas for Gulf and South Atlantic coral,
the quotas include species harvested from state waters adjoining the
EEZ.
* * * * *
(c) Reopening. When a species, sector or component has been closed
based on a projection of the quota specified in this part, or the ACL
specified in the applicable annual catch limits and accountability
measures sections of subparts B through V of this part being reached
and subsequent data indicate that the quota or ACL was not reached, the
Assistant Administrator may file a notification to that effect with the
Office of the Federal Register. Such notification may reopen the
species, sector or component to provide an opportunity for the quota or
ACL to be harvested.
0
3. In Sec. 622.39, paragraphs (a)(2)(i) and (c) are revised to read as
follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(2) * * *
(i) Recreational quota for red snapper. (A) Total recreational
quota (Federal charter vessel/headboat and private angling component
quotas combined)--5.390 million lb (2.445 million kg), round weight.
(B) Federal charter vessel/headboat component quota--2,279,970 lb
(1,034,177 kg), round weight. The Federal charter vessel/headboat
component quota applies to vessels that have a valid Federal charter
vessel/headboat permit for Gulf reef fish any time during the fishing
year. This component quota is effective for only the 2015, 2016, and
2017 fishing years. For the 2018 and subsequent fishing years, the
total recreational quota specified in Sec. 622.39(a)(2)(i)(A) will
apply to the recreational sector.
(C) Private angling component quota--3,110,030 lb (1,410,686 kg),
round weight. The private angling component quota applies to vessels
that fish under the bag limit and do not have a Federal charter vessel/
headboat permit for Gulf reef fish any time during the fishing year.
This component quota is effective for only the 2015, 2016, and 2017
fishing years. For the 2018 and subsequent fishing years, the total
recreational quota specified in Sec. 622.39(a)(2)(i)(A) will apply to
the recreational sector.
* * * * *
(c) Restrictions applicable after a recreational quota closure or
recreational component quota closure. The bag limit for the applicable
species for the recreational sector or recreational sector component in
or from the Gulf EEZ is zero. When the Federal charter vessel/headboat
component is closed or the entire recreational sector is closed, this
bag and possession limit applies in the Gulf on board a vessel for
which a valid Federal charter vessel/headboat permit for Gulf reef fish
has been issued, without regard to where such species were harvested,
i.e. in state or Federal waters.
0
4. In Sec. 622.41, paragraph (q) is revised to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(q) Red snapper--(1) Commercial sector. The IFQ program for red
snapper in the Gulf of Mexico serves as the accountability measure for
commercial red snapper. The commercial ACL for red snapper is equal to
the commercial quota specified in Sec. 622.39(a)(1)(i).
[[Page 3546]]
(2) Recreational sector. (i) The AA will determine the length of
the red snapper recreational fishing season, or recreational fishing
seasons for the Federal charter vessel/headboat and private angling
components, based on when recreational landings are projected to reach
the recreational ACT, or respective recreational component ACT
specified in paragraph (q)(2)(iii) of this section, and announce the
closure date(s) in the Federal Register. These seasons will serve as
in-season accountability measures. On and after the effective date of
the recreational closure or recreational component closure
notifications, the bag and possession limit for red snapper or for the
respective component is zero. When the recreational sector or Federal
charter vessel/headboat component is closed, this bag and possession
limit applies in the Gulf on board a vessel for which a valid Federal
charter vessel/headboat permit for Gulf reef fish has been issued,
without regard to where such species were harvested, i.e., in state or
Federal waters.
(ii) In addition to the measures specified in paragraph (q)(2)(i)
of this section, if red snapper recreational landings, as estimated by
the SRD, exceed the total recreational quota specified in Sec.
622.39(a)(2)(i)(A), and red snapper are overfished, based on the most
recent Status of U.S. Fisheries Report to Congress, the AA will file a
notification with the Office of the Federal Register to reduce the
total recreational quota by the amount of the quota overage in the
prior fishing year, and if applicable, reduce the recreational
component ACTs specified in paragraph (q)(2)(iii) of this section
(based on the buffer between the component ACTs and the total
recreational quota specified in the FMP), unless the best scientific
information available determines that a greater, lesser, or no overage
adjustment is necessary.
(iii) The recreational ACL is equal to the total recreational quota
specified in Sec. 622.39(b)(2)(i)(A). The total recreational ACT for
red snapper is 4.312 million lb (1.956 million kg), round weight. The
recreational component ACTs for red snapper are 1.824 million lb (0.827
million kg), round weight, for the Federal charter vessel/headboat
component and 2.488 million lb (1.129 million kg), round weight, for
the private angling component. These recreational component ACTs are
effective for only the 2015, 2016, and 2017 fishing years. For the 2018
and subsequent fishing years, the total recreational ACT will apply to
the recreational sector.
[FR Doc. 2015-01145 Filed 1-22-15; 8:45 am]
BILLING CODE 3510-22-P