Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment, 19056-19058 [2015-08069]
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19056
Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.)
This rule does not contain any new
collections of information that require
approval by the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act. This rule will not
impose recordkeeping or reporting
requirements on State or local
governments, individuals, businesses, or
organizations. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
National Environmental Policy Act (42
U.S.C. 4321 et seq.)
We have prepared a draft
environmental assessment, as defined
under the authority of the National
Environmental Policy Act of 1969. For
information on how to obtain a copy of
the draft environmental assessment, see
ADDRESSES, above.
Rmajette on DSK2VPTVN1PROD with PROPOSALS
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994
(Government-to-Government Relations
with Native American Tribal
Governments; 59 FR 22951), Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments), and the Department of
the Interior’s manual at 512 DM 2, we
readily acknowledge our responsibility
to communicate meaningfully with
recognized Federal Tribes on a
government-to-government basis. In
accordance with Secretarial Order 3206
of June 5, 1997 (American Indian Tribal
Rights, Federal-Tribal Trust
Responsibilities, and the Endangered
Species Act), we readily acknowledge
our responsibilities to work directly
with tribes in developing programs for
healthy ecosystems, to acknowledge that
tribal lands are not subject to the same
controls as Federal public lands, to
remain sensitive to Indian culture, and
to make information available to tribes.
We determined that there are no known
tribal lands within the range of the
Georgetown salamander.
Authors
The primary authors of this proposed
rule are the staff members of the Austin
Ecological Services Field Office (see FOR
FURTHER INFORMATION CONTACT) and the
Southwest Regional Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
VerDate Sep<11>2014
15:12 Apr 08, 2015
Jkt 235001
Proposed Regulation Promulgation
Accordingly, we propose to further
amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal
Regulations, as proposed to be amended
at 79 FR 10077 (February 24, 2014) as
set forth below:
PART 17—[AMENDED]
1. The authority citation for part 17
continues to read as follows:
■
Authority: 16 U.S.C. 1361–1407; 1531–
1544; 4201–4245; unless otherwise noted.
2. Amend § 17.43 by revising
paragraph (e)(2), as proposed to be
added on February 24, 2014 (79 FR
10077), to read as follows:
■
§ 17.43
Special rules—amphibians.
*
*
*
*
*
(e) * * *
(2) Exemptions from prohibitions.
Incidental take of the Georgetown
salamander will not be considered a
violation of section 9 of the Act if the
take occurs on privately owned, State,
or county land from regulated activities
that are conducted consistent with the
water quality protection measures
contained in chapter 11.07 and
Appendix A of the City of Georgetown
(Texas) Unified Development Code
(UDC) dated February 24, 2015.
*
*
*
*
*
Dated: March 31, 2015.
Robert Dreher,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2015–08093 Filed 4–8–15; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 140819687–5314–01]
RIN 0648–BE40
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources in the
Gulf of Mexico and Atlantic Region;
Framework Amendment
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
SUMMARY:
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
Framework Amendment 2 to the Fishery
Management Plan (FMP) for the Coastal
Migratory Pelagic (CMP) Resources in
the Gulf of Mexico and Atlantic Region
(Framework Amendment 2), as prepared
and submitted by the South Atlantic
and Gulf of Mexico Fishery
Management Councils (Councils). If
implemented, this proposed rule would
remove the unlimited commercial trip
limit for Spanish mackerel in Federal
waters off the east coast of Florida on
weekdays beginning December 1 of each
year. Since the trip limit system has
been in place, fishery conditions and
regulations have changed. This
proposed rule intends to modify the
current trip limit system to better fit the
current fishery conditions and catch
limits for Atlantic migratory group
Spanish mackerel in the southern zone,
while increasing social and economic
benefits of the CMP fishery.
DATES: NMFS must receive written
comments on the proposed rule by May
11, 2015.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2014–0136’’ 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-20140136, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Karla Gore, 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).
Framework Amendment 2 to the FMP,
which includes an environmental
assessment and a regulatory impact
review, is available from
www.regulations.gov or the Southeast
Regional Office Web site at https://
sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Karla Gore, NMFS Southeast Regional
E:\FR\FM\09APP1.SGM
09APP1
Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules
Office, telephone: 727–824–5305, or
email: karla.gore@noaa.gov.
SUPPLEMENTARY INFORMATION: The CMP
fishery of the South Atlantic and Gulf of
Mexico (Gulf) includes Spanish
mackerel and is managed under the
FMP. The FMP was prepared by the
Councils and implemented through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
Background
The Magnuson-Stevens Act requires
that NMFS and regional fishery
management councils prevent
overfishing and achieve, on a
continuing basis, the optimum yield
from federally managed fish stocks.
These mandates are intended to ensure
that 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. To further this goal, the
Magnuson-Stevens Act requires fishery
managers to minimize bycatch and
bycatch mortality to the extent
practicable.
Rmajette on DSK2VPTVN1PROD with PROPOSALS
Management Measure Contained in This
Proposed Rule
This proposed rule would modify the
commercial trip limit system for
Atlantic migratory group Spanish
mackerel. Since the current trip limit
regime has been in place, changes in
fishery conditions, such as an increase
of the commercial annual catch limit
(ACL), have necessitated modifications
to some elements of the current trip
limit system.
Currently, the commercial trip limit
for Atlantic migratory group Spanish
mackerel in Federal waters off the
eastern coast of Florida is 3,500 lb
(1,588 kg) from the start of the fishing
year on March 1 through November 30.
Starting December 1, there is no trip
limit on weekdays, and the trip limit is
1,500 lb (680 kg) on weekends. There is
no trip limit on weekdays until 75
percent of the adjusted quota (set at
250,000 lb (113,400 kg) below the
commercial ACL (adjusted quota)) is
landed, after which the trip limit is
1,500 lb (680 kg) every day. When 100
percent of the adjusted quota is reached,
the trip limit is reduced to 500 lb (227
kg) until the end of the fishing year or
until the full quota is met or projected
to be met. The adjusted quota provides
a buffer to help prevent the commercial
sector from exceeding the commercial
ACL. North of a line extending offshore
from the state boundary of Georgia and
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Jkt 235001
Florida, the trip limit in Federal waters
is 3,500 lb (1,588 kg) year-round.
The lack of a commercial trip limit for
Atlantic migratory group Spanish
mackerel in Federal waters off the
eastern coast of Florida on weekdays
beginning December 1 may contribute to
early closures. Therefore, this proposed
rule would establish a trip limit of 3,500
lb (1,588 kg) for Spanish mackerel in
Federal waters offshore of South
Carolina, Georgia, and eastern Florida,
which is the area recently established by
the final rule implementing Amendment
20B to the FMP as the southern zone (80
FR 4216, January 27, 2015). When 75
percent of the adjusted southern zone
quota (2,417,330 lb (1,096,482 kg)) is
met or projected to be met, the trip limit
would be reduced to 1,500 lb (680 kg).
When 100 percent of the adjusted
southern zone quota is met or projected
to be met, the trip limit would be
reduced to 500 lb (227 kg) until the end
of the fishing year or until the southern
zone commercial quota is met or
projected to be met, at which time the
commercial sector in the southern zone
would be closed to harvest of Spanish
mackerel. The modified system of trip
limits described above would remove
the unlimited weekday trip limit to
control harvest more effectively.
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 laws, 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 objective of this proposed rule is
to respond to changing fishery
characteristics for the Atlantic migratory
group Spanish mackerel component of
the CMP fishery, reduce the complexity
of the commercial trip limit system for
this component, and increase social and
economic benefits while ensuring
resource protection. The MagnusonStevens Act provides the statutory basis
for this proposed rule.
If implemented, NMFS expects this
proposed rule to directly affect all
commercial fishing vessels that harvest
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
19057
Atlantic migratory group Spanish
mackerel. A Federal commercial permit
is required to harvest Spanish mackerel
in the Atlantic exclusive economic zone
(EEZ) in excess of the bag limit and to
sell these species. On May 6, 2014,
1,729 vessels possessed a valid Federal
commercial Spanish mackerel permit. A
valid permit is a permit that has not
expired and may be actively fished.
Because the Federal commercial
Spanish mackerel permit is an open
access permit, expired permits are not
renewed; if a permit expires before
renewal, a new permit would be issued
(if applied for) instead of renewal of the
expired permit. The Federal commercial
Spanish mackerel permit allows
fishermen to harvest commercial
quantities of Atlantic and Gulf
migratory group Spanish mackerel in
the Atlantic and the Gulf EEZ. Over the
2007–2008 through 2011–2012 fishing
years (March through February), an
average of 387 vessels per year recorded
harvests of Atlantic migratory group
Spanish mackerel. More recent data on
vessel identification and harvest
revenues from all fishing activity by
these vessels are not available.
Therefore, NMFS expects this proposed
rule would affect an estimated 387
commercial fishing vessels per year.
NMFS has not identified any other
small entities that this proposed rule
would be expected to directly affect.
The SBA has established size criteria
for all major industry sectors in the U.S.,
including commercial fish harvesters. A
business involved in commercial 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 estimated average annual gross
revenue from all fishing activity by a
commercial vessel that harvests Atlantic
migratory group Spanish mackerel is
approximately $32,100 (2013 dollars).
Because the average annual revenue
estimate provided above is significantly
less than the SBA revenue threshold for
this sector, all commercial vessels
expected to be directly affected by this
proposed rule are believed to be small
business entities.
This proposed rule would not require
any new reporting, record-keeping, or
other compliance requirements
associated with reporting or recordkeeping that may require professional
skills.
If implemented, NMFS expects the
effects of this proposed rule to range
from no economic effects to a small
E:\FR\FM\09APP1.SGM
09APP1
19058
Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Proposed Rules
Rmajette on DSK2VPTVN1PROD with PROPOSALS
increase in revenue to directly affected
fishing vessels. Analysis of the
economic effects of the proposed rule
was conducted with and without 2012–
2013 harvest data, which is the most
recent final data available. The
commercial harvest of Atlantic
migratory group Spanish mackerel in
2012–2013 was approximately 3.15
million pounds (mp), compared to
harvests in excess of 4 mp in the
previous three fishing years.
Commercial harvests of Atlantic
migratory group Spanish mackerel have
shown a cyclical harvest pattern of high,
medium, and low harvests on
approximately a three-year cycle. As a
result, removal of data for the low
harvest in 2012–2013 from the analysis
may capture the potential effects of the
proposed rule under high and low
harvest rates.
Based on data from the 2003–2004
through 2012–2013 fishing years, i.e.,
inclusive of 2012–2013 data, the
proposed rule would be expected to
result in a gain in revenue to all directly
affected vessels combined of
approximately $74,000 (2013 dollars), or
approximately $190 per vessel. If data
from the 2012–2013 fishing year are
excluded from the analysis, the
proposed rule would be expected to
result in the same total harvest and
revenue as the status quo. Although the
actual effects may be between these
estimates, neither harvest scenario
would be expected to result in a
reduction in revenue, or profit, to any
directly affected small entities as a
result of the proposed rule. Instead, this
proposed rule would be expected to
have a small beneficial to no economic
effect on the affected small entities. As
a result, this proposed rule, if
implemented, would not be expected to
have a significant economic effect on a
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15:12 Apr 08, 2015
Jkt 235001
substantial number of small entities and
an initial regulatory flexibility analysis
is not required and none has been
prepared.
List of Subjects in 50 CFR Part 622
Annual catch limit, Fisheries, Fishing,
Gulf of Mexico, Quotas, South Atlantic,
Spanish mackerel.
Dated: April 2, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries,
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 § 622.385, paragraphs (b)(1) and
(2) are revised to read as follows:
■
§ 622.385
Commercial trip limits.
*
*
*
*
*
(b) * * *
(1) Atlantic migratory group. The
following trip limits apply to vessels for
which commercial permits for Spanish
mackerel have been issued, as required
under § 622.370(a)(3).
(i) Northern zone. Spanish mackerel
in or from the EEZ may not be possessed
on board or landed in a day from a
vessel for which a permit for Spanish
mackerel has been issued, as required
under § 622.370(a)(3), in amounts
exceeding 3,500 lb (1,588 kg).
(ii) Southern zone. Spanish mackerel
in or from the EEZ may not be possessed
on board or landed in a day from a
vessel for which a permit for Spanish
PO 00000
Frm 00022
Fmt 4702
Sfmt 9990
mackerel has been issued, as required
under § 622.370(a)(3)—
(A) From March 1 until 75 percent of
the adjusted quota for the southern zone
has been reached or is projected to be
reached, in amounts exceeding 3,500 lb
(1,588 kg).
(B) After 75 percent of the adjusted
quota for the southern zone has been
reached or is projected to be reached, in
amounts exceeding 1,500 lb (680 kg).
(C) After 100 percent of the adjusted
quota for the southern zone has been
reached or is projected to be reached,
and until the end of the fishing year or
the southern zone’s quota has been
reached or projected to be reached, in
amounts exceeding 500 lb (227 kg). See
§ 622.384(e) for limitations regarding
Atlantic migratory group Spanish
mackerel after the southern zone’s quota
is reached.
(2) For the purpose of paragraph
(b)(1)(ii) of this section, the adjusted
quota for the southern zone is 2,417,330
lb (1,096,482 kg). The adjusted quota for
the southern zone is the quota for the
Atlantic migratory group Spanish
mackerel southern zone reduced by an
amount calculated to allow continued
harvest of Atlantic migratory group
Spanish mackerel at the rate of 500 lb
(227 kg) per vessel per day for the
remainder of the fishing year after the
adjusted quota is reached. Total
commercial harvest in the southern
zone is still subject to the southern zone
quota and accountability measures. By
filing a notification with the Office of
the Federal Register, the Assistant
Administrator will announce when 75
percent and 100 percent of the adjusted
quota are reached or is projected to be
reached.
*
*
*
*
*
[FR Doc. 2015–08069 Filed 4–8–15; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\09APP1.SGM
09APP1
]]>Agencies
[Federal Register Volume 80, Number 68 (Thursday, April 9, 2015)]
[Proposed Rules]
[Pages 19056-19058]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08069]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140819687-5314-01]
RIN 0648-BE40
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic
Region; Framework Amendment
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
Framework Amendment 2 to the Fishery Management Plan (FMP) for the
Coastal Migratory Pelagic (CMP) Resources in the Gulf of Mexico and
Atlantic Region (Framework Amendment 2), as prepared and submitted by
the South Atlantic and Gulf of Mexico Fishery Management Councils
(Councils). If implemented, this proposed rule would remove the
unlimited commercial trip limit for Spanish mackerel in Federal waters
off the east coast of Florida on weekdays beginning December 1 of each
year. Since the trip limit system has been in place, fishery conditions
and regulations have changed. This proposed rule intends to modify the
current trip limit system to better fit the current fishery conditions
and catch limits for Atlantic migratory group Spanish mackerel in the
southern zone, while increasing social and economic benefits of the CMP
fishery.
DATES: NMFS must receive written comments on the proposed rule by May
11, 2015.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2014-0136'' 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-2014-0136, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Karla Gore, 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).
Framework Amendment 2 to the FMP, which includes an environmental
assessment and a regulatory impact review, is available from
www.regulations.gov or the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Southeast Regional
[[Page 19057]]
Office, telephone: 727-824-5305, or email: karla.gore@noaa.gov.
SUPPLEMENTARY INFORMATION: The CMP fishery of the South Atlantic and
Gulf of Mexico (Gulf) includes Spanish mackerel and is managed under
the FMP. The FMP was prepared by the Councils and implemented through
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Background
The Magnuson-Stevens Act requires that NMFS and regional fishery
management councils prevent overfishing and achieve, on a continuing
basis, the optimum yield from federally managed fish stocks. These
mandates are intended to ensure that 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. To further this goal, the Magnuson-
Stevens Act requires fishery managers to minimize bycatch and bycatch
mortality to the extent practicable.
Management Measure Contained in This Proposed Rule
This proposed rule would modify the commercial trip limit system
for Atlantic migratory group Spanish mackerel. Since the current trip
limit regime has been in place, changes in fishery conditions, such as
an increase of the commercial annual catch limit (ACL), have
necessitated modifications to some elements of the current trip limit
system.
Currently, the commercial trip limit for Atlantic migratory group
Spanish mackerel in Federal waters off the eastern coast of Florida is
3,500 lb (1,588 kg) from the start of the fishing year on March 1
through November 30. Starting December 1, there is no trip limit on
weekdays, and the trip limit is 1,500 lb (680 kg) on weekends. There is
no trip limit on weekdays until 75 percent of the adjusted quota (set
at 250,000 lb (113,400 kg) below the commercial ACL (adjusted quota))
is landed, after which the trip limit is 1,500 lb (680 kg) every day.
When 100 percent of the adjusted quota is reached, the trip limit is
reduced to 500 lb (227 kg) until the end of the fishing year or until
the full quota is met or projected to be met. The adjusted quota
provides a buffer to help prevent the commercial sector from exceeding
the commercial ACL. North of a line extending offshore from the state
boundary of Georgia and Florida, the trip limit in Federal waters is
3,500 lb (1,588 kg) year-round.
The lack of a commercial trip limit for Atlantic migratory group
Spanish mackerel in Federal waters off the eastern coast of Florida on
weekdays beginning December 1 may contribute to early closures.
Therefore, this proposed rule would establish a trip limit of 3,500 lb
(1,588 kg) for Spanish mackerel in Federal waters offshore of South
Carolina, Georgia, and eastern Florida, which is the area recently
established by the final rule implementing Amendment 20B to the FMP as
the southern zone (80 FR 4216, January 27, 2015). When 75 percent of
the adjusted southern zone quota (2,417,330 lb (1,096,482 kg)) is met
or projected to be met, the trip limit would be reduced to 1,500 lb
(680 kg). When 100 percent of the adjusted southern zone quota is met
or projected to be met, the trip limit would be reduced to 500 lb (227
kg) until the end of the fishing year or until the southern zone
commercial quota is met or projected to be met, at which time the
commercial sector in the southern zone would be closed to harvest of
Spanish mackerel. The modified system of trip limits described above
would remove the unlimited weekday trip limit to control harvest more
effectively.
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 laws, 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 objective of this proposed rule is to respond to changing
fishery characteristics for the Atlantic migratory group Spanish
mackerel component of the CMP fishery, reduce the complexity of the
commercial trip limit system for this component, and increase social
and economic benefits while ensuring resource protection. The Magnuson-
Stevens Act provides the statutory basis for this proposed rule.
If implemented, NMFS expects this proposed rule to directly affect
all commercial fishing vessels that harvest Atlantic migratory group
Spanish mackerel. A Federal commercial permit is required to harvest
Spanish mackerel in the Atlantic exclusive economic zone (EEZ) in
excess of the bag limit and to sell these species. On May 6, 2014,
1,729 vessels possessed a valid Federal commercial Spanish mackerel
permit. A valid permit is a permit that has not expired and may be
actively fished. Because the Federal commercial Spanish mackerel permit
is an open access permit, expired permits are not renewed; if a permit
expires before renewal, a new permit would be issued (if applied for)
instead of renewal of the expired permit. The Federal commercial
Spanish mackerel permit allows fishermen to harvest commercial
quantities of Atlantic and Gulf migratory group Spanish mackerel in the
Atlantic and the Gulf EEZ. Over the 2007-2008 through 2011-2012 fishing
years (March through February), an average of 387 vessels per year
recorded harvests of Atlantic migratory group Spanish mackerel. More
recent data on vessel identification and harvest revenues from all
fishing activity by these vessels are not available. Therefore, NMFS
expects this proposed rule would affect an estimated 387 commercial
fishing vessels per year.
NMFS has not identified any other small entities that this proposed
rule would be expected to directly affect.
The SBA has established size criteria for all major industry
sectors in the U.S., including commercial fish harvesters. A business
involved in commercial 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
estimated average annual gross revenue from all fishing activity by a
commercial vessel that harvests Atlantic migratory group Spanish
mackerel is approximately $32,100 (2013 dollars). Because the average
annual revenue estimate provided above is significantly less than the
SBA revenue threshold for this sector, all commercial vessels expected
to be directly affected by this proposed rule are believed to be small
business entities.
This proposed rule would not require any new reporting, record-
keeping, or other compliance requirements associated with reporting or
record-keeping that may require professional skills.
If implemented, NMFS expects the effects of this proposed rule to
range from no economic effects to a small
[[Page 19058]]
increase in revenue to directly affected fishing vessels. Analysis of
the economic effects of the proposed rule was conducted with and
without 2012-2013 harvest data, which is the most recent final data
available. The commercial harvest of Atlantic migratory group Spanish
mackerel in 2012-2013 was approximately 3.15 million pounds (mp),
compared to harvests in excess of 4 mp in the previous three fishing
years. Commercial harvests of Atlantic migratory group Spanish mackerel
have shown a cyclical harvest pattern of high, medium, and low harvests
on approximately a three-year cycle. As a result, removal of data for
the low harvest in 2012-2013 from the analysis may capture the
potential effects of the proposed rule under high and low harvest
rates.
Based on data from the 2003-2004 through 2012-2013 fishing years,
i.e., inclusive of 2012-2013 data, the proposed rule would be expected
to result in a gain in revenue to all directly affected vessels
combined of approximately $74,000 (2013 dollars), or approximately $190
per vessel. If data from the 2012-2013 fishing year are excluded from
the analysis, the proposed rule would be expected to result in the same
total harvest and revenue as the status quo. Although the actual
effects may be between these estimates, neither harvest scenario would
be expected to result in a reduction in revenue, or profit, to any
directly affected small entities as a result of the proposed rule.
Instead, this proposed rule would be expected to have a small
beneficial to no economic effect on the affected small entities. As a
result, this proposed rule, if implemented, would not be expected to
have a significant economic effect on a substantial number of small
entities and an initial regulatory flexibility analysis is not required
and none has been prepared.
List of Subjects in 50 CFR Part 622
Annual catch limit, Fisheries, Fishing, Gulf of Mexico, Quotas,
South Atlantic, Spanish mackerel.
Dated: April 2, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, 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. 622.385, paragraphs (b)(1) and (2) are revised to read as
follows:
Sec. 622.385 Commercial trip limits.
* * * * *
(b) * * *
(1) Atlantic migratory group. The following trip limits apply to
vessels for which commercial permits for Spanish mackerel have been
issued, as required under Sec. 622.370(a)(3).
(i) Northern zone. Spanish mackerel in or from the EEZ may not be
possessed on board or landed in a day from a vessel for which a permit
for Spanish mackerel has been issued, as required under Sec.
622.370(a)(3), in amounts exceeding 3,500 lb (1,588 kg).
(ii) Southern zone. Spanish mackerel in or from the EEZ may not be
possessed on board or landed in a day from a vessel for which a permit
for Spanish mackerel has been issued, as required under Sec.
622.370(a)(3)--
(A) From March 1 until 75 percent of the adjusted quota for the
southern zone has been reached or is projected to be reached, in
amounts exceeding 3,500 lb (1,588 kg).
(B) After 75 percent of the adjusted quota for the southern zone
has been reached or is projected to be reached, in amounts exceeding
1,500 lb (680 kg).
(C) After 100 percent of the adjusted quota for the southern zone
has been reached or is projected to be reached, and until the end of
the fishing year or the southern zone's quota has been reached or
projected to be reached, in amounts exceeding 500 lb (227 kg). See
Sec. 622.384(e) for limitations regarding Atlantic migratory group
Spanish mackerel after the southern zone's quota is reached.
(2) For the purpose of paragraph (b)(1)(ii) of this section, the
adjusted quota for the southern zone is 2,417,330 lb (1,096,482 kg).
The adjusted quota for the southern zone is the quota for the Atlantic
migratory group Spanish mackerel southern zone reduced by an amount
calculated to allow continued harvest of Atlantic migratory group
Spanish mackerel at the rate of 500 lb (227 kg) per vessel per day for
the remainder of the fishing year after the adjusted quota is reached.
Total commercial harvest in the southern zone is still subject to the
southern zone quota and accountability measures. By filing a
notification with the Office of the Federal Register, the Assistant
Administrator will announce when 75 percent and 100 percent of the
adjusted quota are reached or is projected to be reached.
* * * * *
[FR Doc. 2015-08069 Filed 4-8-15; 8:45 am]
BILLING CODE 3510-22-P
