Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures, 17380-17385 [2015-07459]
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Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules
(ii) You and your subpermittees may
use only raptors that you possess under
your abatement permit in abatement.
(iii) We do not limit the number of
captive-bred raptors that you may hold
under your abatement permit, but each
bird must be used for abatement.
(iv)You may possess and use any
captive-bred falconiform, accipitriform,
or strigiform species listed in § 10.13 of
this chapter (including a hybrid) in
abatement, except that you may not
possess or use a bald eagle or golden
eagle for abatement.
(v) A subpermittee may use only
species that he or she is authorized to
possess under his or her falconry
permit.
(5) Facilities and care requirements.
You must house and maintain raptors
that you hold under your abatement
permit in accordance with the Federal
falconry regulations housing and care
requirements (see § 21.29).
(6) Using a hybrid raptor in
abatement. When flown free in
abatement, a hybrid raptor must have
attached at least two functioning radio
transmitters to ensure that you can
locate the bird.
(7) Acquisition, transfer, or loss of
abatement raptors. You must report
acquisition and disposition of a raptor
under your abatement permit by
submitting Service form 3–186A (the
Migratory Bird Acquisition and
Disposition Report) completed in
accordance with the instructions on the
form and filed by you and the recipient,
if applicable, to your migratory bird
permit issuing office.
(8) Feathers molted by an abatement
bird.—(i) Imping. For imping (replacing
a damaged feather with a molted
feather), you may possess tail feathers
and primary and secondary wing
feathers for each species of raptor that
you possess or previously held under
your abatement permit for as long as
you have a valid abatement permit.
(ii) Donating. You may donate molted
feathers to any entity with a valid
permit to acquire and possess them, or
to an entity exempt from the permit
requirement under § 21.12. You may not
buy, sell, or barter the feathers. You
must keep the documentation for your
acquisition and disposal of the feathers.
(iii) Receiving. You may receive
feathers for imping purposes from any
entity authorized to donate them to you.
You may not buy, sell, or barter the
feathers. You must keep the
documentation for your acquisition and
disposal of the feathers.
(9) Disposition of carcasses of
abatement birds that die. You may
donate the carcass, feathers, or parts of
any deceased raptor held under your
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abatement permit to any entity
authorized to acquire and possess it.
(10) Prey items. If your abatement bird
kills an animal without your intent,
including wildlife taken outside of a
regular hunting season, you may allow
your abatement bird to feed on the
animal, but you may not take the animal
into your possession. You must report
the take in your annual report.
(11) Recordkeeping. You must
maintain complete and accurate records
of the activities conducted under your
abatement permit, including, but not
necessarily limited to, the name and
address of the property owner; the
location, date(s), and crop or property
protected for each abatement job that
you and each of your subpermittees
conduct; the date, species, and location
of any unintentional take that occurs;
the name, address, and falconry permit
number of each of your subpermittees,
and any subpermittee designation
letters; the raptors used for each job; and
FWS form 3–186As for each acquisition
and disposal of birds. You must retain
these records for 5 years following the
end of the last calendar year covered by
the records.
(12) Annual report. You must submit
an annual report to your migratory bird
permit issuing office. Your report must
include the information required in
Service form 3–202–22–2133, which is
available at www.fws.gov/forms/3-2022133.pdf.
(13) Inspections. Agents or employees
of the Service may inspect your
abatement raptors, facilities, equipment,
and records in your presence at any
reasonable hour on any day of the week.
(f) Permit tenure. Your abatement
permit will expire on the date
designated on the face of the permit
unless amended or revoked. No
abatement permit will have a term of
more than 5 years.
(g) Acquisitions, transfers, and losses
of abatement raptors. You must have a
copy of a properly completed FWS
Form 3–186A (Migratory Bird
Acquisition and Disposition Report) for
each raptor you acquire transfer, or lose,
or that dies.
Dated: March 17, 2015.
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2015–07387 Filed 3–31–15; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 150226189–5189–01]
RIN 0648–BE91
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Red
Snapper Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in a
framework action to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP)
prepared by the Gulf of Mexico (Gulf)
Fishery Management Council (Council)
(2015 Gulf red snapper framework
action). If implemented, this proposed
rule would increase the commercial and
recreational quotas for red snapper in
the Gulf of Mexico reef fish fishery for
the 2015, 2016, and 2017 fishing years
Quotas for subsequent fishing years
would remain at 2017 levels unless
changed by future rulemaking. This
proposed rule is intended to help
achieve optimum yield (OY) for the Gulf
red snapper resource without increasing
the risk of red snapper experiencing
overfishing.
DATES: Written comments must be
received on or before April 16, 2015.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2015–0036’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docket Detail;D=
NOAA-NMFS-2015-0036, click the
‘‘Comment Now!’’ icon, complete the
required fields, and enter or attach your
comments.
• Mail: Submit written comments to
Cynthia Meyer, 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
SUMMARY:
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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).
Electronic copies of the framework
action, which includes an
environmental assessment, Regulatory
Flexibility Act (RFA) analysis and a
regulatory impact review, may be
obtained from the Southeast Regional
Office Web site at https://sero.nmfs.
noaa.gov/sustainable_fisheries/gulf_
fisheries/reef_fish.
FOR FURTHER INFORMATION CONTACT:
Cynthia Meyer, telephone 727–824–
5305; email: Cynthia.Meyer@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Council manage the Gulf reef fish
fishery under the FMP. The Council
prepared the FMP and NMFS
implements the FMP through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
Background
All weights given in this rule are in
round weight. The total quota for Gulf
red snapper (combined commercial and
recreational quotas) has increased
annually from 5 million lb (2.268
million kg), in 2009, to 11 million lb
(4.990 million kg), and since 2013, has
been fixed at 11 million lb (4.990
million kg). In order to reduce the
likelihood that the recreational sector
will exceed its quota, the Council and
NMFS implemented an annual catch
target (ACT) set at 20 percent below the
recreational quota through the 2014
framework amendment (80 FR 14328,
March 19, 2015), which is used to set
the recreational season length. The
commercial sector is managed by an
individual fishing quota (IFQ) program
that was implemented in 2007, and
effectively constrains commercial
landings to the commercial quota.
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Status of Stock
The Southeast Data, Assessment, and
Review (SEDAR) benchmark assessment
for Gulf red snapper, conducted in 2013
and 2014 (SEDAR 31), determined that
the red snapper stock is still overfished,
but is not undergoing overfishing, and
that the acceptable biological catch
(ABC) may be increased. The stock is
still under a rebuilding plan through
2032.
The Council’s Scientific and
Statistical Committee (SSC) met in
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February 2015, to review the assessment
results with updated provisional 2014
landings data and recommended a new
ABC for the 2015, 2016, and 2017
fishing years. The SSC recommended an
ABC of 14.30 million lb (6.49 million
kg) for 2015, 13.96 million lb (6.33
million kg) for 2016, and 13.74 million
lb (6.23 million kg) for 2017. The
Council met in March 2015, and voted
to adjust the commercial and
recreational quotas to reflect these new
ABCs through the 2015 Gulf red snapper
framework action.
Management Measures Contained in
This Proposed Rule
This rule would set the commercial
and recreational quotas and the
recreational ACTs for the 2015, 2016,
and 2017 fishing years for red snapper
based on the ABCs recommended by the
SSC and on the current commercial and
recreational allocations (51-percent
commercial and 49-percent
recreational). Quotas for subsequent
fishing years would remain at 2017
levels unless changed by future
rulemaking. For 2015, the commercial
quota would be set at 7.293 million lb
(3.308 million kg) and the recreational
quota would be set at 7.007 million lb
(3.178 million kg); for 2016, the
commercial quota would be set at 7.120
million lb (3.230 million kg) and the
recreational quota would be set at 6.840
million lb (3.103 million kg); and for
2017 and subsequent fishing years, the
commercial quota would be set at 7.007
million lb (3.178 million kg) and the
recreational quota would be set at 6.733
million lb (3.054 million kg.
Through the 2014 framework
amendment, the Council and NMFS
implemented a recreational ACT set at
20 percent below the recreational quota.
Based on the revised recreational quotas
contained in this rule, the revised
recreational ACTs for the 2015, 2016,
and 2017 would be as follows: For 2015,
the recreational ACT would be 5.606
million lb (2.543 million kg); for 2016,
the recreational ACT would be 5.472
million lb (2.482 million kg); and for
2017, the recreational ACT would be
5.384 million lb (2.442 million kg).
Recreational ACTs for subsequent
fishing years would remain at 2017
levels unless changed by future
rulemaking.
The Gulf Headboat Collaborative
Fishing Permit (Collaborative) program,
implemented through an exempted
fishing permit, will continue through
2015 (as a continuation of the 2-year
program begun in 2014). The
Collaborative program allocates harvest
rights to a specified portion of the red
snapper recreational sector (2.4396
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17381
percent of the recreational quota), and
this quantity is subsequently allocated
to individual vessels. This program
allows anglers to harvest red snapper
when fishing on Collaborative vessels
throughout the fishing year (until that
portion of the quota is met). The
proposed increase in the red snapper
recreational quota in 2015 would
increase the amount of quota allocated
to the 19 vessels in this program.
The red snapper management
measures contained in this proposed
rule would achieve the goal set by
National Standard 1 of the MagnusonStevens Act, which states that
conservation and management measures
shall prevent overfishing while
achieving, on a continuing basis, the OY
for the fishery.
Red Snapper Recreational Fishing
Season
Under 50 CFR 622.34(b), the red
snapper recreational fishing season
opens each year on June 1. 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. The red
snapper recreational season closure date
will be based on when the recreational
ACT is projected to be met (as required
by the 2014 Gulf red snapper framework
amendment). After the final 2014
recreational landings data are available
and before the season opens on June 1,
2015, NMFS will announce the 2015
season closure date, which may be in
the final rule associated with this
action.
Amendment 40 to the FMP
The Council developed Amendment
40 to the FMP and NMFS published a
notice of availability (NOA) on January
16, 2015 (80 FR 2379) and a proposed
rule on January 23, 2015 (80 FR 3541).
The public comment period on the
proposed rule ended on March 9, 2015,
and the NOA comment period ended on
March 17, 2015. If approved by the
Secretary of Commerce, Amendment 40
and the implementing rule would
establish a Federal charter vessel/
headboat (for-hire) component and a
private angling component within the
recreational sector, allocate the red
snapper recreational quota and annual
catch target (ACT) between the
components, and establish separate
seasonal closures for the two
components. Additionally, Amendment
40 and the rule would establish
commercial and recreational ACLs for
red snapper, which would be equal to
the commercial and recreational quotas.
Previously, rather than establishing
ACLs for red snapper management, the
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Council chose to refer to the sector
quotas as the functional equivalent of
sector ACLs, and the sum of all quotas
as the stock ACLs. If Amendment 40 is
approved and a final rule is
implemented, the final rule
implementing this framework action
would include the ACLs, component
quotas, and ACTs from Amendment 40
in the regulatory text, but they would be
adjusted to reflect the increases
proposed in this rule.
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Additional Changes to Codified Text
This proposed rule would make two
administrative changes to the Gulf IFQ
program regulations. In §§ 622.21 and
622.22, the Web site for the Gulf IFQ
program would change from ‘‘ifq.sero.
fisheries.noaa.gov’’ to ‘‘https://portal.
southeast.fisheries.noaa.gov/cs/
main.html’’ to align with the renaming
of NMFS Web sites for all of the regions
in the U.S. The second change would
revise the minimum share transfer
percentage for the Gulf red snapper IFQ
program from ‘‘0.0001 percent’’ to
‘‘0.000001 percent’’ to align with the
Gulf grouper/tilefish program minimum
share transfer percentage and allow for
smaller percentages of red snapper IFQ
shares to be transferred. When the red
snapper IFQ program was implemented
in 2007, NMFS determined, based on
the share cap and red snapper
commercial quota, that 0.0001 percent
was the appropriate minimum share
transfer percentage. Because the red
snapper commercial quota has been
increasing, NMFS has now determined
that the minimum share transfer
percentage should be 0.000001 percent.
This will give shareholders greater
flexibility by allowing transfers of
smaller increments of shares. In
addition, modifying the minimum share
transfer percentage for red snapper
would help avoid confusion among
shareholders who trade both red
snapper and grouper/tilefish shares
because both programs would have the
same minimum share transfer
percentage.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the FMP, other provisions of the
Magnuson-Stevens Act, and other
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
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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 set quotas for the commercial and
recreational harvest of red snapper in
the Gulf that are consistent with the red
snapper rebuilding plan in order to
achieve OY, and to make two
administrative changes to the IFQ
programs. The Magnuson-Stevens Act
provides the statutory basis for this
proposed rule.
This rule, if implemented, would set
the red snapper quotas for the
commercial and recreational sectors for
the 2015 fishing year, 2016 fishing year,
and 2017 fishing year and subsequent
fishing years. As a result, this rule
would be expected to directly affect
commercial vessels that harvest red
snapper. Over the period 2009–2013, an
average of 353 vessels per year recorded
commercial red snapper harvests, based
on mandatory logbook data. The
maximum number of vessels with
recorded commercial red snapper
harvests during this period was 375 in
2010. However, in 2010, 384 vessels
were identified in the red snapper IFQ
on-line account program, which tracks
red snapper activity. This system,
however, is not the official record for
trip harvests, nor does it capture all
landings, or associated revenues, from
all species harvested on all trips by
vessels that harvest red snapper.
Therefore, data from both sources are
used for this assessment to estimate the
number of potentially affected entities.
As a result, this rule would be expected
to apply to 353–384 commercial fishing
vessels. The average annual gross
revenue from all species harvested on
all trips by the vessels identified with
recorded red snapper harvests in
logbook data over the period 2009–2013
(353 vessels) was approximately
$110,000 (2013 dollars).
With respect to the proposed changes
in the red snapper recreational quotas,
only recreational anglers are allowed to
recreationally harvest red snapper in
Federal waters in the Gulf and would be
directly affected in changes in the
allowable harvest. However,
recreational anglers are not small
entities under the RFA. Although forhire businesses (charter vessels and
headboats) operate in the recreational
sector, these businesses only sell fishing
services to recreational anglers and do
not, with the exception discussed in the
next paragraph, have harvest rights to
the red snapper recreational quota. Forhire vessels provide a platform for the
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opportunity to fish and not a guarantee
to catch or harvest any species, though
expectations of successful fishing,
however defined, likely factor into the
decision by anglers to purchase these
services. Changing the red snapper
recreational quota only defines how
much red snapper can be harvested and
the quota is a factor in the
determination of the length of the red
snapper recreational fishing season.
Changing the quota does not explicitly
prevent the continued offer or sale of
for-hire fishing services. In the event of
a closed season (zero bag limit),
precipitated by a quota reduction, catch
and release fishing for a target species
can continue, as can fishing for other
species. In the event of a quota increase
and associated increase in the open
season, the basic service offered remains
the same, though the list of species that
may be retained is expanded. Because
the proposed change in the red snapper
quota would not directly alter the basic
service sold by for-hire vessels, in
general, this proposed rule would not
directly apply to or regulate their
operations. Any change in vessel
business would be a result of changes in
angler demand for these fishing services
that occurs as a result of the behavioral
decision by anglers, i.e., to fish or not.
This behavioral decision would be a
consequence of how anglers determine
the change in allowable harvest will
affect them. Therefore, any effects on
the associated for-hire vessels would be
one step removed from the anglers’
decision and an indirect effect of the
proposed rule. Because the effects on
for-hire vessels would be indirect, they
fall outside the scope of the RFA.
The exception to this determination
is, however, for the 19 headboats
participating in the Collaborative
program in 2015 (as a continuation of
the 2-year program begun in 2014). The
Collaborative program allocates harvest
rights to a specified portion (2.4396
percent) of the red snapper recreational
allowable catch to the Collaborative,
and this quantity is subsequently
allocated to individual vessels. This
program allows anglers to harvest red
snapper when fishing on Collaborative
vessels outside the season available to
non-participating vessels if the total
allowable harvest for the recreational
sector has not been taken. Although
these fish can still only be harvested by
recreational anglers, and not vessel
captains or crew, the allocation of
harvest rights to these vessels and the
increased flexibility on when red
snapper may be retained enables the
vessels in this program to offer an
enhanced product relative to other for-
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hire vessels. The proposed increase in
the red snapper recreational quota in
2015 would increase the amount of
quota allocated to the vessels in this
program. Average revenue information
for these 19 vessels is unknown.
However, the average headboat
operating in the Gulf is estimated to
receive approximately $245,000 (2013
dollars) in annual gross revenue.
NMFS has not identified any other
small entities that would be expected to
be directly affected by this proposed
rule.
The Small Business Administration
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 $20.5 million
(NAICS code 114111, finfish fishing) for
all its affiliated operations worldwide.
The revenue threshold for a business
involved in the for-hire fishing industry
is $7.5 million (NAICS code 487210,
fishing boat charter operation). All
commercial and headboat fishing
vessels expected to be directly affected
by this proposed rule are determined to
be small business entities.
This proposed rule would increase
the red snapper commercial quota in
2015, 2016, and 2017 and subsequent
fishing years, by 1.683 million lb (0.763
million kg) gutted weight, 1.510 million
lb (0.685 million kg), and 1.397 million
lb (0.634 million kg), respectively,
relative to the status quo. These
increases would be expected to result in
an increase in total gross revenue (exvessel revenue minus the 3-percent cost
recovery fee, all vessels) for commercial
vessels that harvest red snapper of
approximately $6.974 million (2013
dollars), $6.268 million, and $5.811
million, each year, respectively. Across
all 3 years, the resultant total increase
in gross revenue would be
approximately $19.053 million (2013
dollars). The average increase per vessel
(353–384 vessels) per year would range
(low to high average) from
approximately $15,133–$16,462 per
vessel ($5.81 million/384 vessels =
$15,133 per vessel; $5.81/353 vessels =
$16,462 per vessel) in 2017 to
approximately $18,161–$19,756 per
vessel ($6.97 million/384 vessels =
$18,161 per vessel; $6.97/353 vessels =
$19,756 per vessel) in 2015. As a result,
the expected economic effect of the
proposed rule would be increased
revenue to the affected small business
entities.
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This proposed rule would increase
the red snapper recreational quota in
2015, 2016, and 2017 and subsequent
fishing years by 1.617 million lb (0.733
million kg), 1.450 million lb (0.658
million kg), and 1.343 million lb (0.609
million kg), respectively, relative to the
status quo. As discussed above, the
proposed quota increase in 2015 would
be expected to directly affect 19
headboats that participate in the
Collaborative program. These vessels
would not be expected to be directly
affected by the proposed quota increases
in 2016 and 2017 and subsequent
fishing years because the program will
only continue through 2015.
Quantitative estimates of the expected
economic effects of the proposed quota
increase in 2015 on these 19 entities are
not available. Although the amount of
increased quota that would be allocated
to this program can be calculated, how
this increase would be distributed
amongst the vessels in the program
cannot be determined because the
distribution is subject to decision within
the program and not dependent on
historical activity or distribution of
allowable harvest to date in 2015.
Additionally, it is not possible with
available data to produce a meaningful
estimate of the portion of the increased
quota that would be harvested by
anglers on new trips (resulting in an
increase in the revenue to respective
vessels) or would be harvested on trips
that would occur in the absence of a
change in available harvest (resulting in
no change in revenue), or to determine
whether the change in available harvest
would affect the price per trip that
would be charged. Nevertheless, the
effects of the increase in quota on these
vessels would be expected to be either
neutral at worst (i.e., no economic
effect) or, more likely, positive, resulting
in an increase in vessel revenue and
associated profits.
The proposed changes to the IFQ
programs, discussed in the preamble of
this proposed rule, are administrative
changes and would not be expected to
have any direct adverse economic effect
on any small entities.
Based on the discussion above, NMFS
determines that this proposed rule, if
implemented, would not have a
significant adverse economic effect on a
substantial number of small entities. As
a result, an initial regulatory flexibility
analysis is not required and none has
been prepared.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gulf
of Mexico, Quotas, Recreational, Red
Snapper.
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17383
Dated: March 27, 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 § 622.21, the third sentence in
paragraph (b)(1), the second sentence in
paragraph (b)(2), the last sentence in
paragraph (b)(3)(i), the first sentence in
paragraph (b)(3)(iii), the second
sentence in paragraph (b)(3)(iv), the
only sentence in paragraph (b)(5)(i)(B),
the third sentence in paragraph (b)(5)(v),
the second and third sentences in
paragraph (b)(6)(ii), the second sentence
in paragraph (b)(6)(iv), and the first
sentence in paragraph (b)(10) are revised
to read as follows:
■
§ 622.21 Individual fishing quota (IFQ)
program for Gulf red snapper.
*
*
*
*
*
(b) * * *
(1) * * * An owner of a vessel with
a commercial vessel permit for Gulf reef
fish, who has established an IFQ
account for Gulf red snapper as
specified in paragraph (a)(3)(i) of this
section, online via the NMFS IFQ Web
site https://
portal.southeast.fisheries.noaa.gov/cs/
main.html, may establish a vessel
account through that IFQ account for
that permitted vessel. * * *
(2) * * * A dealer with a Gulf and
South Atlantic dealer permit can
download a Gulf IFQ dealer
endorsement from the NMFS IFQ Web
site. * * *
(3) * * *
(i) * * * All IFQ landings and their
actual ex-vessel prices must be reported
via the IFQ Web site.
*
*
*
*
*
(iii) The dealer must complete a
landing transaction report for each
landing of Gulf red snapper via the IFQ
Web site on the day of offload, except
if the fish are being trailered for
transport to a dealer as specified in
paragraph (b)(5)(iv) of this section (in
which case the landing transaction
report may be completed prior to the
day of offload), and within 96 hours
from the time of landing reported on the
most recent landing notification, in
accordance with the reporting form(s)
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and instructions provided on the Web
site. * * *
(iv) * * * This form is available via
the IFQ Web site. * * *
*
*
*
*
*
(5) * * *
(i) * * *
(B) * * * Authorized methods for
contacting NMFS and submitting the
report include calling IFQ Customer
Service at 1–866–425–7627, completing
and submitting to NMFS a landing
notification provided through the VMS
unit, or providing the required
information to NMFS through the webbased form available on the IFQ Web
site.
*
*
*
*
*
(v) * * * Proposed landing locations
may be submitted online via the IFQ
Web site, or by calling IFQ Customer
Service at 1–866–425–7627, at any time;
however, new landing locations will be
approved only at the end of each
calendar-year quarter. * * *
*
*
*
*
*
(6) * * *
(ii) * * * An IFQ shareholder must
initiate a share transfer request by
logging onto the IFQ Web site.
Following the instructions provided on
the IFQ Web site, the shareholder must
enter pertinent information regarding
the transfer request including, but not
limited to, amount of shares to be
transferred, which must be a minimum
of 0.000001 percent; name of the eligible
transferee; and the value of the
transferred shares. * * *
*
*
*
*
*
(iv) * * * An IFQ account holder
must initiate an allocation transfer by
logging onto the IFQ Web site, entering
the required information, including but
not limited to, name of an eligible
transferee and amount of IFQ allocation
to be transferred and price, and
submitting the transfer electronically.
* * *
*
*
*
*
*
(10) * * * On or about January 1 each
year, IFQ shareholders will be notified,
via the IFQ Web site, of their IFQ share
and allocation for the upcoming fishing
year. * * *
*
*
*
*
*
■ 3. In § 622.22, the third sentence in
paragraph (b)(1), the second sentence in
paragraph (b)(2), the last sentence in
paragraph (b)(3)(i), the first sentence in
paragraph (b)(3)(iii), the second
sentence in paragraph (b)(3)(iv), the
only sentence in paragraph (b)(5)(i)(B),
the third sentence in paragraph (b)(5)(v),
the second sentence in paragraph
(b)(6)(ii), the second sentence in
paragraph (b)(6)(iv), and the first
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18:16 Mar 31, 2015
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sentence in paragraph (b)(10) are revised
to read as follows:
§ 622.22 Individual fishing quota (IFQ)
program for Gulf groupers and tilefishes.
*
*
*
*
*
(b) * * *
(1) * * * An owner of a vessel with
a commercial vessel permit for Gulf reef
fish, who has established an IFQ
account for the applicable species, as
specified in paragraph (a)(3)(i) of this
section, online via the NMFS IFQ Web
site https://
portal.southeast.fisheries.noaa.gov/cs/
main.html, may establish a vessel
account through that IFQ account for
that permitted vessel. * * *
(2) * * * A dealer with a Gulf and
South Atlantic dealer permit can
download a Gulf IFQ dealer
endorsement from the NMFS IFQ Web
site. * * *
(3) * * *
(i) * * * All IFQ landings and their
actual ex-vessel prices must be reported
via the IFQ Web site.
*
*
*
*
*
(iii) The dealer must complete a
landing transaction report for each
landing of Gulf groupers or tilefishes via
the IFQ Web site on the day of offload,
except if the fish are being trailered for
transport to a dealer as specified in
paragraph (b)(5)(iv) of this section (in
which case the landing transaction
report may be completed prior to the
day of offload), and within 96 hours
from the time of landing reported on the
most recent landing notification, in
accordance with the reporting form(s)
and instructions provided on the Web
site. * * *
(iv) * * * This form is available via
the IFQ Web site. * * *
*
*
*
*
*
(5) * * *
(i) * * *
(B) * * * Authorized methods for
contacting NMFS and submitting the
report include calling IFQ Customer
Service at 1–866–425–7627, completing
and submitting to NMFS a landing
notification provided through the VMS
unit, or providing the required
information to NMFS through the webbased form available on the IFQ Web
site.
*
*
*
*
*
(v) * * * Proposed landing locations
may be submitted online via the IFQ
Web site, or by calling IFQ Customer
Service at 1–866–425–7627, at any time;
however, new landing locations will be
approved only at the end of each
calendar-year quarter. * * *
*
*
*
*
*
(6) * * *
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Frm 00030
Fmt 4702
Sfmt 4702
(ii) * * * An IFQ shareholder must
initiate a share transfer request by
logging onto the IFQ Web site. * * *
*
*
*
*
*
(iv) * * * An IFQ account holder
must initiate an allocation transfer by
logging onto the IFQ Web site, entering
the required information, including but
not limited to, the name of an eligible
transferee and amount of IFQ allocation
to be transferred and price, and
submitting the transfer electronically.
* * *
*
*
*
*
*
(10) * * * On or about January 1 each
year, IFQ shareholders will be notified,
via the IFQ Web site, of their IFQ shares
and allocations, for each of the five
share categories, for the upcoming
fishing year. * * *
*
*
*
*
*
■ 4. In § 622.39, paragraphs (a)(1)(i) and
(a)(2)(i) are revised to read as follows:
§ 622.39
Quotas.
*
*
*
*
*
(a) * * *
(1) * * *
(i) Commercial quota for red snapper.
(A) For fishing year 2015—7.293
million lb (3.308 million kg), round
weight.
(B) For fishing year 2016—7.120
million lb (3.230 million kg), round
weight.
(C) For fishing year 2017 and
subsequent fishing years—7.007 million
lb (3.178 million kg), round weight.
*
*
*
*
*
(2) * * *
(i) Recreational quota for red snapper.
(A) Total recreational quota (Federal
charter vessel/headboat and private
angling component quotas combined).
(1) For fishing year 2015—7.007
million lb (3.178 million kg), round
weight.
(2) For fishing year 2016—6.840
million lb (3.103 million kg), round
weight.
(3) For fishing year 2017 and
subsequent fishing years—6.733 million
lb (3.054 million kg), round weight.
(B) Federal charter vessel/headboat
component quota. The Federal charter
vessel/headboat component quota
applies to vessels that have been issued
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 applicable
total recreational quota specified in
§ 622.39(a)(2)(i)(A) will apply to the
recreational sector.
(1) For fishing year 2015—2.964
million lb (1.344 million kg), round
weight.
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(2) For fishing year 2016—2.893
million lb (1.312 million kg), round
weight.
(3) For fishing year 2017—2.848
million lb (1.292 million kg), round
weight.
(C) Private angling component quota.
The private angling component quota
applies to vessels that fish under the bag
limit and have not been issued 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 applicable
total recreational quota specified in
§ 622.39(a)(2)(i)(A) will apply to the
recreational sector.
(1) For fishing year 2015—4.043
million lb (1.834 million kg), round
weight.
(2) For fishing year 2016—3.947
million lb (1.790 million kg), round
weight.
(3) For fishing year 2017—3.885
million lb (1.762 million kg), round
weight.
*
*
*
*
*
■ 5. In § 622.41, paragraph (q), as added
at 80 FR 14331 (March 19, 2015),
effective April 18, 2015, 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 applicable
commercial quota specified in
§ 622.39(a)(1)(i).
(2) Recreational sector. (i) The AA
will determine the length of the red
snapper recreational fishing season
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based on when recreational landings are
projected to reach the applicable
recreational ACT specified in paragraph
(q)(2)(iii) of this section, and announce
the closure date in the Federal Register.
This will serve as an in-season
accountability measure. On and after the
effective date of the recreational closure
notification, the bag and possession
limit for red snapper is zero. The
recreational ACL is equal to the
applicable total recreational quota
specified in § 622.39(a)(2)(i).
(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 applicable recreational ACL
(quota) specified in § 622.39(a)(2)(i), 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
recreational ACL (quota) by the amount
of the quota overage in the prior fishing
year, and reduce the applicable
recreational ACT specified in paragraph
(q)(2)(iii) of this section (based on the
buffer between the ACT and the quota
specified in the FMP), unless the best
scientific information available
determines that a greater, lesser, or no
overage adjustment is necessary.
(iii) Recreational ACT for red
snapper.
(A) Total recreational ACT (Federal
charter vessel/headboat and private
angling component ACTs combined).
(1) For fishing year 2015—5.605
million lb (2.542 million kg), round
weight.
(2) For fishing year 2016—5.473
million lb (2.483 million kg), round
weight.
(3) For fishing year 2017 and
subsequent fishing years—5.386 million
lb (2.443 million kg), round weight.
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17385
(B) Federal charter vessel/headboat
component ACT. The Federal charter
vessel/headboat component ACT
applies to vessels that have been issued
a valid Federal charter vessel/headboat
permit for Gulf reef fish any time during
the fishing year. This component ACT is
effective for only the 2015, 2016, and
2017 fishing years. For the 2018 and
subsequent fishing years, the applicable
total recreational quota specified in
§ 622.39(a)(2)(i)(A) will apply to the
recreational sector.
(1) For fishing year 2015—2.371
million lb (1.075 million kg), round
weight.
(2) For fishing year 2016—2.315
million lb (1.050 million kg), round
weight.
(3) For fishing year 2017—2.278
million lb (1.033 million kg), round
weight.
(C) Private angling component ACT.
The private angling component ACT
applies to vessels that fish under the bag
limit and have not been issued a Federal
charter vessel/headboat permit for Gulf
reef fish any time during the fishing
year. This component ACT is effective
for only the 2015, 2016, and 2017
fishing years. For the 2018 and
subsequent fishing years, the applicable
total recreational quota specified in
§ 622.39(a)(2)(i)(A) will apply to the
recreational sector.
(1) For fishing year 2015—3.234
million lb (1.467 million kg), round
weight.
(2) For fishing year 2016—3.158
million lb (1.432 million kg), round
weight.
(3) For fishing year 2017—3.108
million lb (1.410 million kg), round
weight.
[FR Doc. 2015–07459 Filed 3–31–15; 8:45 am]
BILLING CODE CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Proposed Rules]
[Pages 17380-17385]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07459]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 150226189-5189-01]
RIN 0648-BE91
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement management measures described in a
framework action to the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico
(Gulf) Fishery Management Council (Council) (2015 Gulf red snapper
framework action). If implemented, this proposed rule would increase
the commercial and recreational quotas for red snapper in the Gulf of
Mexico reef fish fishery for the 2015, 2016, and 2017 fishing years
Quotas for subsequent fishing years would remain at 2017 levels unless
changed by future rulemaking. This proposed rule is intended to help
achieve optimum yield (OY) for the Gulf red snapper resource without
increasing the risk of red snapper experiencing overfishing.
DATES: Written comments must be received on or before April 16, 2015.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2015-0036'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docket Detail;D=NOAA-NMFS-2015-0036, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Cynthia Meyer, 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
[[Page 17381]]
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).
Electronic copies of the framework action, which includes an
environmental assessment, Regulatory Flexibility Act (RFA) analysis and
a regulatory impact review, may be obtained from the Southeast Regional
Office Web site at https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish.
FOR FURTHER INFORMATION CONTACT: Cynthia Meyer, telephone 727-824-5305;
email: Cynthia.Meyer@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef
fish fishery under the FMP. The Council prepared the FMP and NMFS
implements the FMP through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act).
Background
All weights given in this rule are in round weight. The total quota
for Gulf red snapper (combined commercial and recreational quotas) has
increased annually from 5 million lb (2.268 million kg), in 2009, to 11
million lb (4.990 million kg), and since 2013, has been fixed at 11
million lb (4.990 million kg). In order to reduce the likelihood that
the recreational sector will exceed its quota, the Council and NMFS
implemented an annual catch target (ACT) set at 20 percent below the
recreational quota through the 2014 framework amendment (80 FR 14328,
March 19, 2015), which is used to set the recreational season length.
The commercial sector is managed by an individual fishing quota (IFQ)
program that was implemented in 2007, and effectively constrains
commercial landings to the commercial quota.
Status of Stock
The Southeast Data, Assessment, and Review (SEDAR) benchmark
assessment for Gulf red snapper, conducted in 2013 and 2014 (SEDAR 31),
determined that the red snapper stock is still overfished, but is not
undergoing overfishing, and that the acceptable biological catch (ABC)
may be increased. The stock is still under a rebuilding plan through
2032.
The Council's Scientific and Statistical Committee (SSC) met in
February 2015, to review the assessment results with updated
provisional 2014 landings data and recommended a new ABC for the 2015,
2016, and 2017 fishing years. The SSC recommended an ABC of 14.30
million lb (6.49 million kg) for 2015, 13.96 million lb (6.33 million
kg) for 2016, and 13.74 million lb (6.23 million kg) for 2017. The
Council met in March 2015, and voted to adjust the commercial and
recreational quotas to reflect these new ABCs through the 2015 Gulf red
snapper framework action.
Management Measures Contained in This Proposed Rule
This rule would set the commercial and recreational quotas and the
recreational ACTs for the 2015, 2016, and 2017 fishing years for red
snapper based on the ABCs recommended by the SSC and on the current
commercial and recreational allocations (51-percent commercial and 49-
percent recreational). Quotas for subsequent fishing years would remain
at 2017 levels unless changed by future rulemaking. For 2015, the
commercial quota would be set at 7.293 million lb (3.308 million kg)
and the recreational quota would be set at 7.007 million lb (3.178
million kg); for 2016, the commercial quota would be set at 7.120
million lb (3.230 million kg) and the recreational quota would be set
at 6.840 million lb (3.103 million kg); and for 2017 and subsequent
fishing years, the commercial quota would be set at 7.007 million lb
(3.178 million kg) and the recreational quota would be set at 6.733
million lb (3.054 million kg.
Through the 2014 framework amendment, the Council and NMFS
implemented a recreational ACT set at 20 percent below the recreational
quota. Based on the revised recreational quotas contained in this rule,
the revised recreational ACTs for the 2015, 2016, and 2017 would be as
follows: For 2015, the recreational ACT would be 5.606 million lb
(2.543 million kg); for 2016, the recreational ACT would be 5.472
million lb (2.482 million kg); and for 2017, the recreational ACT would
be 5.384 million lb (2.442 million kg). Recreational ACTs for
subsequent fishing years would remain at 2017 levels unless changed by
future rulemaking.
The Gulf Headboat Collaborative Fishing Permit (Collaborative)
program, implemented through an exempted fishing permit, will continue
through 2015 (as a continuation of the 2-year program begun in 2014).
The Collaborative program allocates harvest rights to a specified
portion of the red snapper recreational sector (2.4396 percent of the
recreational quota), and this quantity is subsequently allocated to
individual vessels. This program allows anglers to harvest red snapper
when fishing on Collaborative vessels throughout the fishing year
(until that portion of the quota is met). The proposed increase in the
red snapper recreational quota in 2015 would increase the amount of
quota allocated to the 19 vessels in this program.
The red snapper management measures contained in this proposed rule
would achieve the goal set by National Standard 1 of the Magnuson-
Stevens Act, which states that conservation and management measures
shall prevent overfishing while achieving, on a continuing basis, the
OY for the fishery.
Red Snapper Recreational Fishing Season
Under 50 CFR 622.34(b), the red snapper recreational fishing season
opens each year on June 1. 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. The red snapper
recreational season closure date will be based on when the recreational
ACT is projected to be met (as required by the 2014 Gulf red snapper
framework amendment). After the final 2014 recreational landings data
are available and before the season opens on June 1, 2015, NMFS will
announce the 2015 season closure date, which may be in the final rule
associated with this action.
Amendment 40 to the FMP
The Council developed Amendment 40 to the FMP and NMFS published a
notice of availability (NOA) on January 16, 2015 (80 FR 2379) and a
proposed rule on January 23, 2015 (80 FR 3541). The public comment
period on the proposed rule ended on March 9, 2015, and the NOA comment
period ended on March 17, 2015. If approved by the Secretary of
Commerce, Amendment 40 and the implementing rule would establish a
Federal charter vessel/headboat (for-hire) component and a private
angling component within the recreational sector, allocate the red
snapper recreational quota and annual catch target (ACT) between the
components, and establish separate seasonal closures for the two
components. Additionally, Amendment 40 and the rule would establish
commercial and recreational ACLs for red snapper, which would be equal
to the commercial and recreational quotas. Previously, rather than
establishing ACLs for red snapper management, the
[[Page 17382]]
Council chose to refer to the sector quotas as the functional
equivalent of sector ACLs, and the sum of all quotas as the stock ACLs.
If Amendment 40 is approved and a final rule is implemented, the final
rule implementing this framework action would include the ACLs,
component quotas, and ACTs from Amendment 40 in the regulatory text,
but they would be adjusted to reflect the increases proposed in this
rule.
Additional Changes to Codified Text
This proposed rule would make two administrative changes to the
Gulf IFQ program regulations. In Sec. Sec. 622.21 and 622.22, the Web
site for the Gulf IFQ program would change from
``ifq.sero.fisheries.noaa.gov'' to ``https://portal.southeast.fisheries.noaa.gov/cs/main.html'' to align with the
renaming of NMFS Web sites for all of the regions in the U.S. The
second change would revise the minimum share transfer percentage for
the Gulf red snapper IFQ program from ``0.0001 percent'' to ``0.000001
percent'' to align with the Gulf grouper/tilefish program minimum share
transfer percentage and allow for smaller percentages of red snapper
IFQ shares to be transferred. When the red snapper IFQ program was
implemented in 2007, NMFS determined, based on the share cap and red
snapper commercial quota, that 0.0001 percent was the appropriate
minimum share transfer percentage. Because the red snapper commercial
quota has been increasing, NMFS has now determined that the minimum
share transfer percentage should be 0.000001 percent. This will give
shareholders greater flexibility by allowing transfers of smaller
increments of shares. In addition, modifying the minimum share transfer
percentage for red snapper would help avoid confusion among
shareholders who trade both red snapper and grouper/tilefish shares
because both programs would have the same minimum share transfer
percentage.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the FMP, other provisions of the Magnuson-Stevens Act,
and other 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 set quotas for the
commercial and recreational harvest of red snapper in the Gulf that are
consistent with the red snapper rebuilding plan in order to achieve OY,
and to make two administrative changes to the IFQ programs. The
Magnuson-Stevens Act provides the statutory basis for this proposed
rule.
This rule, if implemented, would set the red snapper quotas for the
commercial and recreational sectors for the 2015 fishing year, 2016
fishing year, and 2017 fishing year and subsequent fishing years. As a
result, this rule would be expected to directly affect commercial
vessels that harvest red snapper. Over the period 2009-2013, an average
of 353 vessels per year recorded commercial red snapper harvests, based
on mandatory logbook data. The maximum number of vessels with recorded
commercial red snapper harvests during this period was 375 in 2010.
However, in 2010, 384 vessels were identified in the red snapper IFQ
on-line account program, which tracks red snapper activity. This
system, however, is not the official record for trip harvests, nor does
it capture all landings, or associated revenues, from all species
harvested on all trips by vessels that harvest red snapper. Therefore,
data from both sources are used for this assessment to estimate the
number of potentially affected entities. As a result, this rule would
be expected to apply to 353-384 commercial fishing vessels. The average
annual gross revenue from all species harvested on all trips by the
vessels identified with recorded red snapper harvests in logbook data
over the period 2009-2013 (353 vessels) was approximately $110,000
(2013 dollars).
With respect to the proposed changes in the red snapper
recreational quotas, only recreational anglers are allowed to
recreationally harvest red snapper in Federal waters in the Gulf and
would be directly affected in changes in the allowable harvest.
However, recreational anglers are not small entities under the RFA.
Although for-hire businesses (charter vessels and headboats) operate in
the recreational sector, these businesses only sell fishing services to
recreational anglers and do not, with the exception discussed in the
next paragraph, have harvest rights to the red snapper recreational
quota. For-hire vessels provide a platform for the opportunity to fish
and not a guarantee to catch or harvest any species, though
expectations of successful fishing, however defined, likely factor into
the decision by anglers to purchase these services. Changing the red
snapper recreational quota only defines how much red snapper can be
harvested and the quota is a factor in the determination of the length
of the red snapper recreational fishing season. Changing the quota does
not explicitly prevent the continued offer or sale of for-hire fishing
services. In the event of a closed season (zero bag limit),
precipitated by a quota reduction, catch and release fishing for a
target species can continue, as can fishing for other species. In the
event of a quota increase and associated increase in the open season,
the basic service offered remains the same, though the list of species
that may be retained is expanded. Because the proposed change in the
red snapper quota would not directly alter the basic service sold by
for-hire vessels, in general, this proposed rule would not directly
apply to or regulate their operations. Any change in vessel business
would be a result of changes in angler demand for these fishing
services that occurs as a result of the behavioral decision by anglers,
i.e., to fish or not. This behavioral decision would be a consequence
of how anglers determine the change in allowable harvest will affect
them. Therefore, any effects on the associated for-hire vessels would
be one step removed from the anglers' decision and an indirect effect
of the proposed rule. Because the effects on for-hire vessels would be
indirect, they fall outside the scope of the RFA.
The exception to this determination is, however, for the 19
headboats participating in the Collaborative program in 2015 (as a
continuation of the 2-year program begun in 2014). The Collaborative
program allocates harvest rights to a specified portion (2.4396
percent) of the red snapper recreational allowable catch to the
Collaborative, and this quantity is subsequently allocated to
individual vessels. This program allows anglers to harvest red snapper
when fishing on Collaborative vessels outside the season available to
non-participating vessels if the total allowable harvest for the
recreational sector has not been taken. Although these fish can still
only be harvested by recreational anglers, and not vessel captains or
crew, the allocation of harvest rights to these vessels and the
increased flexibility on when red snapper may be retained enables the
vessels in this program to offer an enhanced product relative to other
for-
[[Page 17383]]
hire vessels. The proposed increase in the red snapper recreational
quota in 2015 would increase the amount of quota allocated to the
vessels in this program. Average revenue information for these 19
vessels is unknown. However, the average headboat operating in the Gulf
is estimated to receive approximately $245,000 (2013 dollars) in annual
gross revenue.
NMFS has not identified any other small entities that would be
expected to be directly affected by this proposed rule.
The Small Business Administration 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 $20.5 million (NAICS code 114111, finfish
fishing) for all its affiliated operations worldwide. The revenue
threshold for a business involved in the for-hire fishing industry is
$7.5 million (NAICS code 487210, fishing boat charter operation). All
commercial and headboat fishing vessels expected to be directly
affected by this proposed rule are determined to be small business
entities.
This proposed rule would increase the red snapper commercial quota
in 2015, 2016, and 2017 and subsequent fishing years, by 1.683 million
lb (0.763 million kg) gutted weight, 1.510 million lb (0.685 million
kg), and 1.397 million lb (0.634 million kg), respectively, relative to
the status quo. These increases would be expected to result in an
increase in total gross revenue (ex-vessel revenue minus the 3-percent
cost recovery fee, all vessels) for commercial vessels that harvest red
snapper of approximately $6.974 million (2013 dollars), $6.268 million,
and $5.811 million, each year, respectively. Across all 3 years, the
resultant total increase in gross revenue would be approximately
$19.053 million (2013 dollars). The average increase per vessel (353-
384 vessels) per year would range (low to high average) from
approximately $15,133-$16,462 per vessel ($5.81 million/384 vessels =
$15,133 per vessel; $5.81/353 vessels = $16,462 per vessel) in 2017 to
approximately $18,161-$19,756 per vessel ($6.97 million/384 vessels =
$18,161 per vessel; $6.97/353 vessels = $19,756 per vessel) in 2015. As
a result, the expected economic effect of the proposed rule would be
increased revenue to the affected small business entities.
This proposed rule would increase the red snapper recreational
quota in 2015, 2016, and 2017 and subsequent fishing years by 1.617
million lb (0.733 million kg), 1.450 million lb (0.658 million kg), and
1.343 million lb (0.609 million kg), respectively, relative to the
status quo. As discussed above, the proposed quota increase in 2015
would be expected to directly affect 19 headboats that participate in
the Collaborative program. These vessels would not be expected to be
directly affected by the proposed quota increases in 2016 and 2017 and
subsequent fishing years because the program will only continue through
2015. Quantitative estimates of the expected economic effects of the
proposed quota increase in 2015 on these 19 entities are not available.
Although the amount of increased quota that would be allocated to this
program can be calculated, how this increase would be distributed
amongst the vessels in the program cannot be determined because the
distribution is subject to decision within the program and not
dependent on historical activity or distribution of allowable harvest
to date in 2015. Additionally, it is not possible with available data
to produce a meaningful estimate of the portion of the increased quota
that would be harvested by anglers on new trips (resulting in an
increase in the revenue to respective vessels) or would be harvested on
trips that would occur in the absence of a change in available harvest
(resulting in no change in revenue), or to determine whether the change
in available harvest would affect the price per trip that would be
charged. Nevertheless, the effects of the increase in quota on these
vessels would be expected to be either neutral at worst (i.e., no
economic effect) or, more likely, positive, resulting in an increase in
vessel revenue and associated profits.
The proposed changes to the IFQ programs, discussed in the preamble
of this proposed rule, are administrative changes and would not be
expected to have any direct adverse economic effect on any small
entities.
Based on the discussion above, NMFS determines that this proposed
rule, if implemented, would not have a significant adverse economic
effect on a substantial number of small entities. As a result, an
initial regulatory flexibility analysis is not required and none has
been prepared.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gulf of Mexico, Quotas,
Recreational, Red Snapper.
Dated: March 27, 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. 622.21, the third sentence in paragraph (b)(1), the second
sentence in paragraph (b)(2), the last sentence in paragraph (b)(3)(i),
the first sentence in paragraph (b)(3)(iii), the second sentence in
paragraph (b)(3)(iv), the only sentence in paragraph (b)(5)(i)(B), the
third sentence in paragraph (b)(5)(v), the second and third sentences
in paragraph (b)(6)(ii), the second sentence in paragraph (b)(6)(iv),
and the first sentence in paragraph (b)(10) are revised to read as
follows:
Sec. 622.21 Individual fishing quota (IFQ) program for Gulf red
snapper.
* * * * *
(b) * * *
(1) * * * An owner of a vessel with a commercial vessel permit for
Gulf reef fish, who has established an IFQ account for Gulf red snapper
as specified in paragraph (a)(3)(i) of this section, online via the
NMFS IFQ Web site https://portal.southeast.fisheries.noaa.gov/cs/main.html, may establish a vessel account through that IFQ account for
that permitted vessel. * * *
(2) * * * A dealer with a Gulf and South Atlantic dealer permit can
download a Gulf IFQ dealer endorsement from the NMFS IFQ Web site. * *
*
(3) * * *
(i) * * * All IFQ landings and their actual ex-vessel prices must
be reported via the IFQ Web site.
* * * * *
(iii) The dealer must complete a landing transaction report for
each landing of Gulf red snapper via the IFQ Web site on the day of
offload, except if the fish are being trailered for transport to a
dealer as specified in paragraph (b)(5)(iv) of this section (in which
case the landing transaction report may be completed prior to the day
of offload), and within 96 hours from the time of landing reported on
the most recent landing notification, in accordance with the reporting
form(s)
[[Page 17384]]
and instructions provided on the Web site. * * *
(iv) * * * This form is available via the IFQ Web site. * * *
* * * * *
(5) * * *
(i) * * *
(B) * * * Authorized methods for contacting NMFS and submitting the
report include calling IFQ Customer Service at 1-866-425-7627,
completing and submitting to NMFS a landing notification provided
through the VMS unit, or providing the required information to NMFS
through the web-based form available on the IFQ Web site.
* * * * *
(v) * * * Proposed landing locations may be submitted online via
the IFQ Web site, or by calling IFQ Customer Service at 1-866-425-7627,
at any time; however, new landing locations will be approved only at
the end of each calendar-year quarter. * * *
* * * * *
(6) * * *
(ii) * * * An IFQ shareholder must initiate a share transfer
request by logging onto the IFQ Web site. Following the instructions
provided on the IFQ Web site, the shareholder must enter pertinent
information regarding the transfer request including, but not limited
to, amount of shares to be transferred, which must be a minimum of
0.000001 percent; name of the eligible transferee; and the value of the
transferred shares. * * *
* * * * *
(iv) * * * An IFQ account holder must initiate an allocation
transfer by logging onto the IFQ Web site, entering the required
information, including but not limited to, name of an eligible
transferee and amount of IFQ allocation to be transferred and price,
and submitting the transfer electronically. * * *
* * * * *
(10) * * * On or about January 1 each year, IFQ shareholders will
be notified, via the IFQ Web site, of their IFQ share and allocation
for the upcoming fishing year. * * *
* * * * *
0
3. In Sec. 622.22, the third sentence in paragraph (b)(1), the second
sentence in paragraph (b)(2), the last sentence in paragraph (b)(3)(i),
the first sentence in paragraph (b)(3)(iii), the second sentence in
paragraph (b)(3)(iv), the only sentence in paragraph (b)(5)(i)(B), the
third sentence in paragraph (b)(5)(v), the second sentence in paragraph
(b)(6)(ii), the second sentence in paragraph (b)(6)(iv), and the first
sentence in paragraph (b)(10) are revised to read as follows:
Sec. 622.22 Individual fishing quota (IFQ) program for Gulf groupers
and tilefishes.
* * * * *
(b) * * *
(1) * * * An owner of a vessel with a commercial vessel permit for
Gulf reef fish, who has established an IFQ account for the applicable
species, as specified in paragraph (a)(3)(i) of this section, online
via the NMFS IFQ Web site https://portal.southeast.fisheries.noaa.gov/cs/main.html, may establish a vessel account through that IFQ account
for that permitted vessel. * * *
(2) * * * A dealer with a Gulf and South Atlantic dealer permit can
download a Gulf IFQ dealer endorsement from the NMFS IFQ Web site. * *
*
(3) * * *
(i) * * * All IFQ landings and their actual ex-vessel prices must
be reported via the IFQ Web site.
* * * * *
(iii) The dealer must complete a landing transaction report for
each landing of Gulf groupers or tilefishes via the IFQ Web site on the
day of offload, except if the fish are being trailered for transport to
a dealer as specified in paragraph (b)(5)(iv) of this section (in which
case the landing transaction report may be completed prior to the day
of offload), and within 96 hours from the time of landing reported on
the most recent landing notification, in accordance with the reporting
form(s) and instructions provided on the Web site. * * *
(iv) * * * This form is available via the IFQ Web site. * * *
* * * * *
(5) * * *
(i) * * *
(B) * * * Authorized methods for contacting NMFS and submitting the
report include calling IFQ Customer Service at 1-866-425-7627,
completing and submitting to NMFS a landing notification provided
through the VMS unit, or providing the required information to NMFS
through the web-based form available on the IFQ Web site.
* * * * *
(v) * * * Proposed landing locations may be submitted online via
the IFQ Web site, or by calling IFQ Customer Service at 1-866-425-7627,
at any time; however, new landing locations will be approved only at
the end of each calendar-year quarter. * * *
* * * * *
(6) * * *
(ii) * * * An IFQ shareholder must initiate a share transfer
request by logging onto the IFQ Web site. * * *
* * * * *
(iv) * * * An IFQ account holder must initiate an allocation
transfer by logging onto the IFQ Web site, entering the required
information, including but not limited to, the name of an eligible
transferee and amount of IFQ allocation to be transferred and price,
and submitting the transfer electronically. * * *
* * * * *
(10) * * * On or about January 1 each year, IFQ shareholders will
be notified, via the IFQ Web site, of their IFQ shares and allocations,
for each of the five share categories, for the upcoming fishing year. *
* *
* * * * *
0
4. 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.
(A) For fishing year 2015--7.293 million lb (3.308 million kg),
round weight.
(B) For fishing year 2016--7.120 million lb (3.230 million kg),
round weight.
(C) For fishing year 2017 and subsequent fishing years--7.007
million lb (3.178 million kg), round weight.
* * * * *
(2) * * *
(i) Recreational quota for red snapper.
(A) Total recreational quota (Federal charter vessel/headboat and
private angling component quotas combined).
(1) For fishing year 2015--7.007 million lb (3.178 million kg),
round weight.
(2) For fishing year 2016--6.840 million lb (3.103 million kg),
round weight.
(3) For fishing year 2017 and subsequent fishing years--6.733
million lb (3.054 million kg), round weight.
(B) Federal charter vessel/headboat component quota. The Federal
charter vessel/headboat component quota applies to vessels that have
been issued 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 applicable total recreational quota
specified in Sec. 622.39(a)(2)(i)(A) will apply to the recreational
sector.
(1) For fishing year 2015--2.964 million lb (1.344 million kg),
round weight.
[[Page 17385]]
(2) For fishing year 2016--2.893 million lb (1.312 million kg),
round weight.
(3) For fishing year 2017--2.848 million lb (1.292 million kg),
round weight.
(C) Private angling component quota. The private angling component
quota applies to vessels that fish under the bag limit and have not
been issued 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 applicable total recreational quota
specified in Sec. 622.39(a)(2)(i)(A) will apply to the recreational
sector.
(1) For fishing year 2015--4.043 million lb (1.834 million kg),
round weight.
(2) For fishing year 2016--3.947 million lb (1.790 million kg),
round weight.
(3) For fishing year 2017--3.885 million lb (1.762 million kg),
round weight.
* * * * *
0
5. In Sec. 622.41, paragraph (q), as added at 80 FR 14331 (March 19,
2015), effective April 18, 2015, 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 applicable commercial quota specified in Sec. 622.39(a)(1)(i).
(2) Recreational sector. (i) The AA will determine the length of
the red snapper recreational fishing season based on when recreational
landings are projected to reach the applicable recreational ACT
specified in paragraph (q)(2)(iii) of this section, and announce the
closure date in the Federal Register. This will serve as an in-season
accountability measure. On and after the effective date of the
recreational closure notification, the bag and possession limit for red
snapper is zero. The recreational ACL is equal to the applicable total
recreational quota specified in Sec. 622.39(a)(2)(i).
(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 applicable recreational ACL (quota) specified in
Sec. 622.39(a)(2)(i), 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 recreational ACL (quota) by the amount of the quota overage in the
prior fishing year, and reduce the applicable recreational ACT
specified in paragraph (q)(2)(iii) of this section (based on the buffer
between the ACT and the quota specified in the FMP), unless the best
scientific information available determines that a greater, lesser, or
no overage adjustment is necessary.
(iii) Recreational ACT for red snapper.
(A) Total recreational ACT (Federal charter vessel/headboat and
private angling component ACTs combined).
(1) For fishing year 2015--5.605 million lb (2.542 million kg),
round weight.
(2) For fishing year 2016--5.473 million lb (2.483 million kg),
round weight.
(3) For fishing year 2017 and subsequent fishing years--5.386
million lb (2.443 million kg), round weight.
(B) Federal charter vessel/headboat component ACT. The Federal
charter vessel/headboat component ACT applies to vessels that have been
issued a valid Federal charter vessel/headboat permit for Gulf reef
fish any time during the fishing year. This component ACT is effective
for only the 2015, 2016, and 2017 fishing years. For the 2018 and
subsequent fishing years, the applicable total recreational quota
specified in Sec. 622.39(a)(2)(i)(A) will apply to the recreational
sector.
(1) For fishing year 2015--2.371 million lb (1.075 million kg),
round weight.
(2) For fishing year 2016--2.315 million lb (1.050 million kg),
round weight.
(3) For fishing year 2017--2.278 million lb (1.033 million kg),
round weight.
(C) Private angling component ACT. The private angling component
ACT applies to vessels that fish under the bag limit and have not been
issued a Federal charter vessel/headboat permit for Gulf reef fish any
time during the fishing year. This component ACT is effective for only
the 2015, 2016, and 2017 fishing years. For the 2018 and subsequent
fishing years, the applicable total recreational quota specified in
Sec. 622.39(a)(2)(i)(A) will apply to the recreational sector.
(1) For fishing year 2015--3.234 million lb (1.467 million kg),
round weight.
(2) For fishing year 2016--3.158 million lb (1.432 million kg),
round weight.
(3) For fishing year 2017--3.108 million lb (1.410 million kg),
round weight.
[FR Doc. 2015-07459 Filed 3-31-15; 8:45 am]
BILLING CODE CODE 3510-22-P
