Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2016 Red Snapper Commercial Quota Retention, 63190-63192 [2015-26471]
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63190
Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Proposed Rules
MVEB. Instead, we are reviewing the
adequacy of the MVEB simultaneously
with our review of the 2013
Maintenance Plan itself. See 40 CFR
93.118(f)(2). In order to determine
whether this MVEB is adequate and
approvable, we have evaluated whether
the MVEB meets the conformity
adequacy provisions of 40 CFR
93.118(e)(4) and (5). The details of the
EPA’s evaluation of the MVEB for
compliance with the budget adequacy
criteria of 40 CFR 93.118(e) are provided
in a memo to file for this proposed
rulemaking. Memo from John J. Kelly,
Air Planning Office, EPA Region 9, to
Docket EPA–R09–OAR–2015–0645,
dated September 29, 2015. Based on this
evaluation, we propose to find the 2025
MVEB adequate and to approve it. Any
and all comments on the adequacy and
approvability of the 2025 MVEB should
be submitted during the comment
period stated in the DATES section of this
document.
If today’s proposed action is finalized,
the 2015 MVEB, which is already
approved for 2015 and later years,
would apply only up to the year 2024.
For the year 2025 and later years, the
budget will be 559.4 mtpd. See Table 4.
TABLE 4—APPROVED AND PROPOSED TRANSPORTATION CONFORMITY MOTOR VEHICLE EMISSIONS BUDGETS FOR THE
PHOENIX CO MAINTENANCE AREA, IN METRIC TONS PER DAY (MTPD)
Approved
Proposed
2006
Year
Approved
2015
2025
CO MVEB ....................................................................................................................................
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
III. Proposed Action
The EPA is proposing to approve the
2013 Maintenance Plan submitted on
April 3, 2012. This maintenance plan
meets the applicable CAA requirements
and the EPA has determined it is
sufficient to provide for maintenance of
the CO NAAQS over the course of the
second 10-year maintenance period out
to 2025.
The EPA is also proposing to find
adequate and approve the CO MVEB of
559.4 mtpd for use in the year 2025 and
later years.
IV. Statutory and Executive Orders
Review
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve State choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve State law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by State law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
VerDate Sep<11>2014
17:25 Oct 16, 2015
Jkt 238001
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
PO 00000
Frm 00059
Fmt 4702
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699.7
662.9
559.4
Dated: September 30, 2015.
Jared Blumenfeld,
Regional Administrator, Region 9.
[FR Doc. 2015–26405 Filed 10–16–15; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 150826781–5781–01]
RIN 0648–BF33
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; 2016
Red Snapper Commercial Quota
Retention
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),
as prepared by the Gulf of Mexico
Fishery Management Council (Council).
If implemented, this proposed rule
would withhold 4.9 percent of the 2016
red snapper commercial quota prior to
the annual distribution of red snapper
allocation to red snapper Individual
Fishing Quota Program (IFQ)
shareholders on January 1, 2016. The
purpose of this proposed rule is to allow
the allocations being established
through Amendment 28 to the FMP
SUMMARY:
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asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Proposed Rules
(Amendment 28) to be effective for the
2016 fishing year.
DATES: Written comments must be
received by November 3, 2015.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2015–0121’’ 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-20150121, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Richard Malinowski, NMFS Southeast
Regional Office, 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).
Electronic copies of the framework
action, which includes an
environmental assessment, a regulatory
impact review, and a Regulatory
Flexibility Act (RFA) analysis, may be
obtained from the Southeast Regional
Office Web site at https://
sero.nmfs.noaa.gov/sustainable_
fisheries/gulf_fisheries/reef_fish/
index.html.
FOR FURTHER INFORMATION CONTACT:
Richard Malinowski, NMFS Southeast
Regional Office, telephone: 727–824–
5305, email: rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: The Gulf
reef fish fishery is managed under the
FMP. The FMP was prepared by the
Council and is implemented by NMFS
through regulations at 50 CFR part 622
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to achieve on a continuing
basis the optimum yield from federally
managed fish stocks. This mandate is
intended to ensure that fishery
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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.
In recent years, the Council has
expressed its intent to evaluate and
possibly adjust the allocation of reef fish
resources between the commercial and
recreational sectors. At its August 2015
meeting, the Council approved
Amendment 28 for submission to the
Secretary of Commerce (Secretary) for
review and implementation.
Amendment 28 would reallocate
352,000 lb (159,665 kg), round weight,
317,117 lb (143,842 kg), gutted weight of
red snapper from the commercial sector
to the recreational sector. This is equal
to 4.9 percent of the current red snapper
commercial quota.
This proposed rule would allow for
the implementation of Amendment 28
in early 2016. While the recreational
fishing season does not open until June
1 each year, NMFS distributes IFQ
allocation to the shareholders on
January 1 each year. After NMFS
distributes the red snapper commercial
quota to shareholders, it cannot be
effectively recalled. If Amendment 28 is
approved, it is unlikely that NMFS
would be able to implement the
reallocation until after the IFQ
program’s annual distribution of red
snapper quota to the commercial sector
on January 1, 2016. Therefore, without
the management measures in this
proposed rule, the reallocation could
not occur until 2017.
Management Measures Contained in
This Proposed Rule
This proposed rule would withhold
distribution of 4.9 percent of the 2016
red snapper commercial quota (352,000
lb (159,665 kg), round weight; 317,117
lb (143,842 kg), gutted weight) when
allocation to the red snapper IFQ
shareholders is released on January 1,
2016. If NMFS does not implement
Amendment 28, NMFS would distribute
the withheld 4.9 percent of the 2016 IFQ
allocation of red snapper to
shareholders based on the shares held as
of the date of distribution.
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 framework amendment, the
FMP, other provisions of the MagnusonStevens Act, and other applicable laws,
subject to further consideration after
public comment.
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63191
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 withhold 4.9 percent of the Gulf
commercial red snapper quota (352,000
lb (159,665 kg), round weight; 317,117
lb (143,842 kg), gutted weight) to ensure
that the allocations established through
Amendment 28, and scheduled to be
implemented in 2016, if approved by
the Secretary, are effective for the 2016
fishing year. The Magnuson-Stevens Act
provides the statutory basis for this
proposed rule.
NMFS expects this proposed rule, if
implemented, to directly affect
commercial vessels that harvest red
snapper in the Gulf. Based on
commercial logbook data, over the
period of 2009–2013, an average of 353
vessels per year recorded commercial
red snapper harvests. 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 activity in the
Red Snapper Limited Access Privilege
Program. This system, however, is not
the official record for trip harvests of all
species by vessels with commercial
harvests of red snapper, nor does it
capture all landings, or associated
revenues, from all species harvested on
all trips by vessels that also harvest red
snapper. Therefore, data from both
sources are used for this analysis to
estimate the number of potentially
affected entities. As a result, this
proposed 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).
NMFS has not identified any other
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
E:\FR\FM\19OCP1.SGM
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63192
Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Proposed Rules
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
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.
All commercial fishing vessels expected
to be directly affected by this proposed
rule are determined to be small business
entities.
This proposed rule would withhold
from distribution 4.9 percent or 352,000
lb (159,665 kg), round weight; 317,117
lb (143,842 kg), gutted weight, of the
2016 Gulf red snapper commercial
quota, valued at approximately $1.46
million ($4.75 median ex-vessel price
per lb gutted weight, minus the 3percent IFQ program cost recovery fee,
all vessels; 2013 dollars). This is
equivalent to the amount of red snapper
quota proposed to be reallocated from
the commercial sector to the
recreational sector in proposed
Amendment 28. Across all vessels (353–
384 vessels), this amount of quota
would be equivalent to an average of
approximately 826–898 lb (375–407 kg),
gutted weight, of red snapper per vessel,
valued at approximately $3,800-$4,100.
Thus, the proposed quota withholding
in this framework action would result in
a reduction in ex-vessel revenue in 2016
to the entities in this fishery; however,
this reduction is consistent with the
analysis and expected economic effects
of Amendment 28, which projects a
reduction in red snapper commercial
quota, and associated economic benefits
to commercial fishermen, beginning in
2016. The reallocation would, however,
be expected to result in an increase in
economic benefits to the recreational
sector. If approved by the Secretary,
final rulemaking to implement the
allocation change proposed by
Amendment 28 cannot occur until after
VerDate Sep<11>2014
17:25 Oct 16, 2015
Jkt 238001
January 1, 2016, whereas distribution of
the commercial quota to IFQ
shareholders occurs at the start of each
fishing year to allow vessels to begin
harvesting red snapper on January 1.
After the annual red snapper quota is
distributed to shareholders, it cannot be
effectively recalled. Thus, to ensure the
effects of Amendment 28 are realized in
2016, NMFS is withholding from
distribution the commensurate amount
of quota equivalent to the amount
reallocated in Amendment 28 for the
2016 fishing season. If NMFS
implements the proposed rulemaking
and the reallocation in Amendment 28,
then the effects of the reduced
commercial quota, including this
proposed withholding, will be
attributable to and analyzed with
Amendment 28’s rulemaking. If NMFS
does not implement the proposed
reallocation in Amendment 28, then the
portion of the quota withheld through
this framework action will be
distributed as soon as possible to the
appropriate shareholders. Because this
allocation would be available later in
the fishing year, a reduction in normal
total revenue (disruption of the timing
of harvest may reduce the price and
total revenue received), alteration of the
flow of receipts, and disruption of
normal business operation may occur.
However, these effects would be
expected to be minor because only a
small portion of the available quota (4.9
percent) would be affected for only a
portion of the year.
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.
PO 00000
Frm 00061
Fmt 4702
Sfmt 9990
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gulf
of Mexico, Recreational, Red snapper,
Reef fish.
Dated: October 14, 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 § 622.39, add paragraphs
(a)(1)(i)(B) (1) and (2) to read as follows:
■
§ 622.39
Quotas.
*
*
*
*
*
(a) * * *
(1) * * *
(i) * * *
(B) * * *
(1) NMFS will withhold distribution
of 4.9 percent of the 2016 IFQ allocation
of red snapper commercial quota on
January 1, 2016, totaling 352,000 lb
(159,665 kg), round weight, of the 2016
red snapper commercial quota specified
in § 622.39(a)(1)(i)(B).
(2) As determined by NMFS,
remaining 2016 IFQ allocation of red
snapper will be distributed to the
current shareholders based on their
current shares held as of the date of
distribution.
*
*
*
*
*
[FR Doc. 2015–26471 Filed 10–16–15; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\19OCP1.SGM
19OCP1
]]>Agencies
[Federal Register Volume 80, Number 201 (Monday, October 19, 2015)]
[Proposed Rules]
[Pages 63190-63192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26471]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 150826781-5781-01]
RIN 0648-BF33
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; 2016 Red Snapper Commercial
Quota Retention
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), as prepared by the Gulf of
Mexico Fishery Management Council (Council). If implemented, this
proposed rule would withhold 4.9 percent of the 2016 red snapper
commercial quota prior to the annual distribution of red snapper
allocation to red snapper Individual Fishing Quota Program (IFQ)
shareholders on January 1, 2016. The purpose of this proposed rule is
to allow the allocations being established through Amendment 28 to the
FMP
[[Page 63191]]
(Amendment 28) to be effective for the 2016 fishing year.
DATES: Written comments must be received by November 3, 2015.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2015-0121'' 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-2015-0121, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Richard Malinowski, NMFS
Southeast Regional Office, 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).
Electronic copies of the framework action, which includes an
environmental assessment, a regulatory impact review, and a Regulatory
Flexibility Act (RFA) analysis, 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: Richard Malinowski, NMFS Southeast
Regional Office, telephone: 727-824-5305, email:
rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery is managed under
the FMP. The FMP was prepared by the Council and is implemented by NMFS
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 NMFS and regional fishery
management councils to achieve on a continuing basis the optimum yield
from federally managed fish stocks. This mandate is 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.
In recent years, the Council has expressed its intent to evaluate
and possibly adjust the allocation of reef fish resources between the
commercial and recreational sectors. At its August 2015 meeting, the
Council approved Amendment 28 for submission to the Secretary of
Commerce (Secretary) for review and implementation. Amendment 28 would
reallocate 352,000 lb (159,665 kg), round weight, 317,117 lb (143,842
kg), gutted weight of red snapper from the commercial sector to the
recreational sector. This is equal to 4.9 percent of the current red
snapper commercial quota.
This proposed rule would allow for the implementation of Amendment
28 in early 2016. While the recreational fishing season does not open
until June 1 each year, NMFS distributes IFQ allocation to the
shareholders on January 1 each year. After NMFS distributes the red
snapper commercial quota to shareholders, it cannot be effectively
recalled. If Amendment 28 is approved, it is unlikely that NMFS would
be able to implement the reallocation until after the IFQ program's
annual distribution of red snapper quota to the commercial sector on
January 1, 2016. Therefore, without the management measures in this
proposed rule, the reallocation could not occur until 2017.
Management Measures Contained in This Proposed Rule
This proposed rule would withhold distribution of 4.9 percent of
the 2016 red snapper commercial quota (352,000 lb (159,665 kg), round
weight; 317,117 lb (143,842 kg), gutted weight) when allocation to the
red snapper IFQ shareholders is released on January 1, 2016. If NMFS
does not implement Amendment 28, NMFS would distribute the withheld 4.9
percent of the 2016 IFQ allocation of red snapper to shareholders based
on the shares held as of the date of distribution.
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 framework amendment, 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 purpose of this proposed rule is to withhold 4.9 percent of the
Gulf commercial red snapper quota (352,000 lb (159,665 kg), round
weight; 317,117 lb (143,842 kg), gutted weight) to ensure that the
allocations established through Amendment 28, and scheduled to be
implemented in 2016, if approved by the Secretary, are effective for
the 2016 fishing year. The Magnuson-Stevens Act provides the statutory
basis for this proposed rule.
NMFS expects this proposed rule, if implemented, to directly affect
commercial vessels that harvest red snapper in the Gulf. Based on
commercial logbook data, over the period of 2009-2013, an average of
353 vessels per year recorded commercial red snapper harvests. 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
activity in the Red Snapper Limited Access Privilege Program. This
system, however, is not the official record for trip harvests of all
species by vessels with commercial harvests of red snapper, nor does it
capture all landings, or associated revenues, from all species
harvested on all trips by vessels that also harvest red snapper.
Therefore, data from both sources are used for this analysis to
estimate the number of potentially affected entities. As a result, this
proposed 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).
NMFS has not identified any other 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
[[Page 63192]]
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. All commercial
fishing vessels expected to be directly affected by this proposed rule
are determined to be small business entities.
This proposed rule would withhold from distribution 4.9 percent or
352,000 lb (159,665 kg), round weight; 317,117 lb (143,842 kg), gutted
weight, of the 2016 Gulf red snapper commercial quota, valued at
approximately $1.46 million ($4.75 median ex-vessel price per lb gutted
weight, minus the 3-percent IFQ program cost recovery fee, all vessels;
2013 dollars). This is equivalent to the amount of red snapper quota
proposed to be reallocated from the commercial sector to the
recreational sector in proposed Amendment 28. Across all vessels (353-
384 vessels), this amount of quota would be equivalent to an average of
approximately 826-898 lb (375-407 kg), gutted weight, of red snapper
per vessel, valued at approximately $3,800-$4,100. Thus, the proposed
quota withholding in this framework action would result in a reduction
in ex-vessel revenue in 2016 to the entities in this fishery; however,
this reduction is consistent with the analysis and expected economic
effects of Amendment 28, which projects a reduction in red snapper
commercial quota, and associated economic benefits to commercial
fishermen, beginning in 2016. The reallocation would, however, be
expected to result in an increase in economic benefits to the
recreational sector. If approved by the Secretary, final rulemaking to
implement the allocation change proposed by Amendment 28 cannot occur
until after January 1, 2016, whereas distribution of the commercial
quota to IFQ shareholders occurs at the start of each fishing year to
allow vessels to begin harvesting red snapper on January 1. After the
annual red snapper quota is distributed to shareholders, it cannot be
effectively recalled. Thus, to ensure the effects of Amendment 28 are
realized in 2016, NMFS is withholding from distribution the
commensurate amount of quota equivalent to the amount reallocated in
Amendment 28 for the 2016 fishing season. If NMFS implements the
proposed rulemaking and the reallocation in Amendment 28, then the
effects of the reduced commercial quota, including this proposed
withholding, will be attributable to and analyzed with Amendment 28's
rulemaking. If NMFS does not implement the proposed reallocation in
Amendment 28, then the portion of the quota withheld through this
framework action will be distributed as soon as possible to the
appropriate shareholders. Because this allocation would be available
later in the fishing year, a reduction in normal total revenue
(disruption of the timing of harvest may reduce the price and total
revenue received), alteration of the flow of receipts, and disruption
of normal business operation may occur. However, these effects would be
expected to be minor because only a small portion of the available
quota (4.9 percent) would be affected for only a portion of the year.
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.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gulf of Mexico, Recreational, Red
snapper, Reef fish.
Dated: October 14, 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. 622.39, add paragraphs (a)(1)(i)(B) (1) and (2) to read as
follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(1) * * *
(i) * * *
(B) * * *
(1) NMFS will withhold distribution of 4.9 percent of the 2016 IFQ
allocation of red snapper commercial quota on January 1, 2016, totaling
352,000 lb (159,665 kg), round weight, of the 2016 red snapper
commercial quota specified in Sec. 622.39(a)(1)(i)(B).
(2) As determined by NMFS, remaining 2016 IFQ allocation of red
snapper will be distributed to the current shareholders based on their
current shares held as of the date of distribution.
* * * * *
[FR Doc. 2015-26471 Filed 10-16-15; 8:45 am]
BILLING CODE 3510-22-P
