Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures; Amendment 28, 4010-4015 [2016-01279]
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Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Proposed Rules
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[FR Doc. 2016–01291 Filed 1–22–16; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 130919819–5999–01]
RIN 0648–BD68
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Red
Snapper Management Measures;
Amendment 28
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
NMFS proposes to implement
management measures described in
Amendment 28 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)
(Amendment 28). If approved and
implemented by the Secretary of
Commerce (Secretary), Amendment 28
would revise the Gulf of Mexico (Gulf)
red snapper commercial and
recreational sector allocations of the
stock annual catch limits (ACLs). As a
result of the revised sector allocations
proposed in Amendment 28, this
proposed rule would revise the red
snapper commercial and recreational
quotas (which are equivalent to the
ACLs) and the recreational annual catch
targets (ACTs). This proposed rule
would also set the Federal charter
vessel/headboat and private angling
component quotas and ACTs based on
the revised recreational sector’s ACL
and ACT. The purpose of this proposed
rule and Amendment 28 is to reallocate
the Gulf red snapper harvest consistent
with the 2014 red snapper assessment
update while ensuring the allowable
catch and recovery benefits from the
rebuilding red snapper stock are fairly
and equitably allocated between the
commercial and recreational sectors.
DATES: Written comments must be
received on or before March 10, 2016.
ADDRESSES: You may submit comments
on the amendment identified by
‘‘NOAA–NMFS–2013–0146’’ by either
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-20130146, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Peter Hood, Southeast Regional Office,
NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
SUMMARY:
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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 Amendment 28,
which includes an environmental
impact statement, a fishery impact
statement, a 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/2013/
am28/.
FOR FURTHER INFORMATION CONTACT:
Peter Hood, Southeast Regional Office,
NMFS, telephone: 727–824–5305; email:
Peter.Hood@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Council manage the Gulf reef fish
fishery under the FMP. The Council
prepared the FMP and NMFS
implements the FMP through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Act.
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Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing and
achieve, on a continuing basis, optimum
yield from federally managed fish
stocks. The Magnuson-Stevens Act
requires that in allocating fishing
privileges among fishermen, such
allocation shall be fair and equitable to
all such fishermen, reasonably
calculated to promote conservation, and
carried out in such a manner that no
particular individual, corporation, or
other entity acquires an excessive share
of such privileges. For stocks like red
snapper, which are subject to a
rebuilding plan, the Magnuson-Stevens
Act also requires that harvest
restrictions and recovery benefits be
allocated fairly and equitably among the
fishing sectors. These mandates are
intended to ensure fishery resources are
managed for the greatest overall benefit
to the nation, particularly with respect
to providing food production and
recreational opportunities, and
protecting marine ecosystems. The
purpose of Amendment 28 is to
reallocate red snapper harvest from the
commercial sector to the recreational
sector, consistent with the 2014 red
snapper update assessment, to ensure
that the allowable catch and recovery
benefits from a rebuilding stock are
fairly and equitably allocated between
the sectors. The current commercial
allocation would be reduced from 51
percent to 48.5 percent of the stock ACL
and the recreational allocation would be
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increased from 49 percent to 51.5
percent of the stock ACL. This shift in
allocation is based on the increase in the
total allowable harvest attributable to
the calibration of Marine Recreational
Information Program (MRIP) catch
estimates that were used in a 2014
update assessment. This proposed rule
would implement the shift in allocation
by modifying the commercial and
recreational quotas as well as
recreational component quotas
consistent with the revised red snapper
allocation. This proposed rule would
also revise the applicable ACTs. All
weights described in this proposed rule
are in round (whole) weight.
Red Snapper Management
The Gulf red snapper stock is
currently overfished and is under a
rebuilding plan projected to end in
2032. Consistent with the rebuilding
plan, both the commercial and
recreational quotas have been allowed
to increase as the red snapper stock has
recovered. The red snapper commercial
and recreational ACLs are equal to the
applicable quotas.
The recreational sector, which has
experienced red snapper quota overages
and more recently, shorter red snapper
seasons, is managed through a variety of
measures including separate Federal
charter vessel/headboat and private
angling component quotas and ACTs,
recreational bag and size limits, and
closed seasons. Since 2014, the
recreational season length is projected
each year based on the applicable ACTs,
which are set 20 percent less than the
applicable quotas. In addition, an
overage adjustment is required if the
total recreational quota is exceeded and
red snapper are overfished. The red
snapper commercial sector has been
managed under an individual fishing
quota (IFQ) program since 2007 (71 FR
67447, November 22, 2006). Although
the commercial sector has also
experienced quota overages in the past,
since the beginning of the IFQ program,
the commercial sector has not exceeded
its quota.
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. The Council has
discussed NOAA’s Catch Share Policy
as well as its own allocation policy, and
consistent with those policies, has
considered changes to sector allocations
for red snapper and several grouper
species. Amendment 28 and this
proposed rule specifically address red
snapper allocation between the
commercial and recreational sectors.
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Red Snapper Assessments
In 2013, the Southeast Data,
Assessment, and Review 31 Gulf red
snapper benchmark assessment was
conducted and was then reviewed by
the Council’s Scientific and Statistical
Committee (SSC). Based on their review,
the SSC made recommendations for a
revised red snapper acceptable
biological catch (ABC) and overfishing
limit (OFL). In 2014, a red snapper
update assessment (2014 update
assessment) was conducted. This
assessment included more recent data
and incorporated two changes to the
recreational landings information: (1)
Calibrated historical landings; and (2)
new age (size) selectivity information
for fishing years 2011–2013 for all
recreational fleets. The calibrated
historical landings resulted from
important changes that were made to
the design of the Marine Recreational
Information Program (MRIP) Access
Point Angler Intercept Survey in 2013 to
cover the fishing day more effectively
than the original Marine Recreational
Fisheries Statistics Survey (MRFSS). As
a result, MRIP tended to produce higher
estimates of red snapper landings and
discards than MRFSS. Therefore, the
original time series of MRFSS estimates
were calibrated to the new time series
of MRIP, which resulted in higher
historical landings estimates for the
recreational sector. Also, the update
assessment included new age (size)
selectivity information for fishing years
2011–2013 for all recreational fleets.
This was done because recreational red
snapper fishermen appeared to be
selecting for larger and older fish in
recent years.
The results of the update assessment
were first presented to the SSC and
Council at their respective January 2015
meetings via a PowerPoint presentation.
The results of the update assessment
were subsequently used by the SSC to
make new ABC recommendations.
Specifically, the SSC recommended
revised red snapper ABCs of 14.30
million lb (6.49 million kg), 13.96
million lb (6.33 million kg), and 13.74
million lb (6.23 million kg), for the
2015, 2016, and 2017 fishing years,
respectively. The Council held a
webinar meeting and approved a
framework action to set the 2015–2017
red snapper quotas consistent with the
SSC’s recommendations and a final rule
implementing the framework action
published in May 2015 (80 FR 24832,
May 1, 2015).
Allocation
The initial allocation for the
commercial and recreational sectors was
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set in Amendment 1 to the FMP and
was based on the percentage of total
landings during the base period of
1979–1987 (55 FR 2078, January 22,
1990). The Council evaluated several
different alternatives that would
increase the recreational sector’s red
snapper allocation during the
development of Amendment 28. These
alternatives included straightforward
percentage changes, changes based on
the red snapper stock ACL, and changes
based on the new recreational catch
information used in the 2014 update
assessment. The Council initially
considered alternatives that would
increase the commercial sector’s red
snapper allocation. At that time,
analyses from the NMFS Southeast
Fisheries Science Center (SEFSC)
suggested that shifting red snapper
allocation from the commercial to the
recreational sector would increase net
economic benefits. Thus, the Council
determined that reallocating red
snapper to the commercial sector would
not achieve the purpose of the
amendment at that time, which was to
increase the net benefits from red
snapper fishing and increase the
stability of the red snapper component
of the reef fish fishery, particularly for
the recreational sector. Therefore, the
Council removed those alternatives from
the amendment. After the 2014 update
assessment, the purpose and need
statement of the amendment was
revised to reallocating the red snapper
harvest consistent with the assessment
update to ensure the allowable catch
and recovery benefits are fairly and
equitably allocated between the
commercial and recreational sectors.
When the draft environmental impact
statement (EIS) was published for
comment, it included this revised
purpose and need statement and two
new alternatives added by the Council
to address the new information and the
revised purpose and need. The draft EIS
did not include alternatives that would
increase the commercial sector’s
allocation because the new scientific
information did not change any
previous understanding of commercial
landings. More information about the
Council’s decision not to include these
alternatives and an analysis of the
environmental consequences of
increasing the commercial allocation are
provided in the response to comments
section (Appendix D) of Amendment 28
and integrated final EIS. Accordingly,
NMFS has made a preliminary
determination that Amendment 28
includes a reasonable range of
alternatives consistent with the
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requirements of the National
Environmental Policy Act.
NMFS has also made a preliminary
determination that Amendment 28 is
consistent with section 302(i)(6) of the
Magnuson-Stevens Act, which requires
that interested parties ‘‘have a
reasonable opportunity to respond to
new data or information before the
Council takes final action on
conservation and management
measures.’’ The preferred allocation
alternative selected by the Council is
based on the increase in the total
allowable harvest that was attributable
to the calibration of MRFSS catch
estimates to the new MRIP time series
used in the 2014 update assessment.
The written report of the update
assessment was not available until
September 2015, which is after the
Council took final action on
Amendment 28. However, that report
merely memorializes the information
that was previously presented to the
Council and the public, and was used
by the Council to increase the quotas in
the spring of 2015. The public had an
opportunity to comment on the
assessment results both during the
Council webinar and during the
comment period on the proposed rule to
implement the quota increase that was
published in April 2015. The amount of
increase in the total allowable harvest
attributable to the MRIP recalibration
was derived from projections provided
by the SEFSC in March 2015 and that
analysis is included in Appendix H to
Amendment 28.
The preferred allocation alternative
was determined by first allocating the
red snapper quota that would result if
MRIP catch estimates were not
calibrated according to the status quo
allocation percentages (51 percent
commercial and 49 percent recreational)
and then adding the amount of red
snapper quota estimated to result from
the recalibration to the recreational
sector derived from the SEFSC
projections. Percentages of the 2015–
2017 red snapper annual quotas
allocated to each sector fluctuated based
on the quota and on the amounts
attributed to the recalibration. Thus, the
Council decided to base the proposed
commercial and recreational allocation
on the average red snapper allocations
for the projected years. Consequently,
Amendment 28 would revise the Gulf
red snapper allocation to 48.5 percent of
the stock ACL to the commercial sector
and 51.5 percent of the stock ACL to the
recreational sector.
NMFS has made a preliminary
determination that this allocation is
consistent with National Standard 4 and
the requirements of section 303(a)(14) of
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the Magnuson-Stevens Act. National
Standard 4 requires, in relevant part,
that any allocation be fair and equitable,
and reasonably calculated to promote
conservation. Section 303(a)(14)
requires that any rebuilding plan that
reduces harvest in a fishery allocate
harvest restrictions and recovery
benefits fairly and equitably among the
commercial, recreational, and charter
fishing sectors. The allocation is fair and
equitable because it addresses changes
in the methodology in collecting
recreational landings information that
indicate that recreational harvests have
been underestimated and that the stock
is more productive than previously
thought. Allocating the quantifiable
increase in the total allowable harvest
attributable to the calibration to the
recreational sector is a straightforward
way to help address the impacts of the
changes to the survey methodology on
recreational catch estimates. This shift
in allocation is intended to help
maintain a fair and equitable
distribution of recovery benefits by
recognizing that future recreational
harvest will be monitored based on an
improved methodology that results in
higher landings estimates. This
allocation is also reasonably calculated
to promote conservation because the
resulting commercial and recreational
quotas keep the harvest under the
overfishing limit, new accountability
measures that have been implemented
for the recreational sector are
constraining harvest to the recreational
quota, and analyses indicate that the
shift in allocation is not expected to
affect the speed of recovery to the Gulfwide management rebuilding target.
Quotas
Given the red snapper stock ACLs of
13.96 million lb (6.33 million kg) for the
2016 fishing year and 13.74 million lb
(6.23 million kg) for the 2017 fishing
year, under the proposed allocation the
commercial quota would be 6.768
million lb (3.070 million kg) and 6.664
million lb (3.023 million kg) for the
2016 and 2017 fishing years and the
recreational quota would be 7.192
million lb (3.262 million kg) and 7.076
million lb (3.210 million kg) for the
2016 and 2017 fishing years. For the
recreational sector, the ACT would be
set 20 percent less than the recreational
quota and result in ACTs of 5.754
million lb (2.610 million kg) for 2016
and 5.661 million lb (2.568 million kg)
for 2017. As described in Amendment
40 to the FMP, the recreational quota
and ACT would be further divided into
Federal charter vessel/headboat and
private angling component quotas and
ACTs based on an allocation of 42.3
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percent to the Federal charter vessel/
headboat component and 57.7 percent
to the private angling component (80 FR
22422, April 22, 2015). As a result, this
proposed rule would set the 2016 and
2017 Federal charter vessel/headboat
component quotas at 3.042 million lb
(1.380 million kg) and 2.993 million lb
(1.358 million kg), and the component
ACTs at 2.434 million lb (1.104 million
kg) and 2.395 million lb (1.086 million
kg), respectively. The rule would also
set the 2016 and 2017 private angling
component quotas at 4.150 million lb
(1.882 million kg) and 4.083 million lb
(1.852 million kg), and the component
ACTs at 3.320 million lb (1.506 million
kg) and 3.266 million lb (1.481 million
kg), respectively. If Amendment 28 is
approved by the Secretary and
implemented, the commercial sector’s
amount of red snapper available in the
IFQ program would be revised for the
2016 and 2017 fishing years and the
season lengths for the recreational
sector, and associated components,
would be determined using the revised
component ACTs.
NMFS has made a preliminary
determination the proposed commercial
and recreational quotas are consistent
with the requirements of section
407(d)(2). Section 407(d)(2) must be
read in context with the rest of section
407(d) as well as the Magnuson-Stevens
Act as a whole. Section 407(d) was
enacted in 1996 as part of the
Sustainable Fisheries Act and provides
that any fishery plan amendment
submitted by the Council for the red
snapper fishery after the date of
enactment of the Sustainable Fisheries
Act must contain conservation and
management measures that (1) establish
separate quotas for recreational fishing
and commercial fishing, and (2) ‘‘ensure
that such quotas reflect allocations
among such sectors and do not reflect
any harvests in excess of such
allocations.’’ The Council complied
with the mandate of section 407(d) in
early 1997 by submitting a framework
action to establish a recreational quota
with a closure provision that reflected
the allocation established in
Amendment 1 to the FMP. A final rule
implementing the recreational quota
was published in September 1997 (62
Federal Register 46677, September 4,
1997).
There are three general provisions of
the Magnuson-Stevens Act that are
particularly relevant to the allocation
decision addressed by Amendment 28.
These are National Standard 4 and
section 303(a)(14), which address, in
relevant part, the fairness and equity of
allocations, and National Standard 2,
which requires that conversation and
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management measures shall be based on
best scientific information available.
The adjustment to the allocation chosen
by the Council is based on new
scientific information which indicates
that historical recreational landings
were greater than previously estimated.
Revised historical recreational landings
were then used in the update
assessment and had a quantifiable
impact on the results of that assessment.
As explained above, allocating this
quantifiable increase in the total
allowable harvest to the recreational
sector is a straightforward way to help
address the impacts of the changes to
the data collection methodology on
recreational catch estimates. To give
effect to all of the provisions of the
statute, NMFS has made a preliminary
determination that: (1) The Council
complied with the mandates of section
407(d)(2) by establishing a recreational
quota in 1997 that reflected the
previously established allocation; and
(2) that this provision does not prohibit
future action to adjust the allocations as
necessary to ensure consistency with
the other general requirements of the
Magnuson-Stevens Act, such as
National Standard 2, National Standard
4, and section 303(a)(14). Furthermore,
there is nothing that indicates any intent
to exclude the allocations in the red
snapper component of the reef fish
fishery from these general requirements.
Because the Amendment 28
rulemaking to reallocate the red snapper
stock ACL will be implemented after
January 1, 2016, a framework action has
been developed by the Council and
submitted to NMFS that would hold
back 4.9 percent of the 2016 commercial
quota. The final rule for that framework
action published on November 27, 2015
(80 FR 73999). The purpose of the
framework action is to allow IFQ
allocation to be distributed to IFQ
shareholders based on the 2016
commercial quota proposed in
Amendment 28. If Amendment 28 is not
implemented, the held back portion of
the red snapper commercial quota
would be distributed back to the
commercial sector.
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 Amendment 28, 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.
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NMFS prepared an Initial Regulatory
Flexibility Analysis (IRFA), as required
by section 603 of the RFA, for this
proposed rule. The IRFA describes the
economic impact this proposed rule, if
adopted, would have on small entities.
A description of the action, why it is
being considered, the objectives of, and
legal basis for this action are contained
at the beginning of this section in the
preamble and in the SUMMARY section of
the preamble. A copy of the full analysis
is available from NMFS (see
ADDRESSES). A summary of the IRFA
follows.
The Magnuson-Stevens Act provides
the statutory basis for this proposed
rule. No duplicative, overlapping, or
conflicting Federal rules have been
identified. Moreover, the proposed rule
is not expected to change current
reporting, record-keeping, and other
compliance requirements on directly
affected small entities.
This proposed rule is expected to
directly affect federally permitted
commercial fishermen that harvest red
snapper in the Gulf. Commercial harvest
of red snapper in the Gulf is currently
managed under an IFQ program. From
2010 through 2014, an annual average of
375 vessels landed at least 1 lb (0.45 kg)
of red snapper. Each vessel generated
annual average dockside revenues of
approximately $102,000 (2014 dollars),
of which $36,000 were from red
snapper, $38,000 from other species
jointly landed with red snapper, and
$28,000 from other species on trips
without red snapper. Vessels that caught
and landed red snapper may also
operate in other fisheries, the revenues
of which are not known and are not
reflected in these totals. It is noted that
the 2014 commercial red snapper
landings data are preliminary.
With respect to the proposed changes
in the red snapper recreational
allocation, only recreational anglers are
allowed to keep red snapper harvested
under the recreational quota and would
be directly affected by 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 have harvest privileges to the red
snapper recreational quota/ACT. Forhire 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
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much red snapper can be harvested and
the quota is a factor in the
determination of the length of the red
snapper season. Changing the quota
does not explicitly prevent the
continued offer or sale of for-hire fishing
services. In the event of a shortened
recreational season precipitated by a
recreational quota reduction, fishing for
other species can continue when the
season is closed. In the event of a
recreational quota increase and
associated lengthening in the
recreational 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
recreational quota would not directly
alter the basic service sold by for-hire
vessels, in general, this proposed action
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 action. Because the effects on
for-hire vessels would be indirect, they
fall outside the scope of the RFA.
NMFS has not identified any other
small entities that would be expected to
be directly affected by this proposed
action.
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
(North American Industry Classification
System, NAICS code 114111, finfish
fishing) for all its affiliated operations
worldwide.
Based on revenue information, all 375
commercial vessels directly affected by
the rule can be considered small
entities. Thus, the proposed rule would
affect a substantial number of small
entities. Because all entities expected to
be directly affected by the proposed rule
are determined for the purpose of this
analysis to be small business entities,
the issue of disproportional effects on
large and small entities does not arise in
the present case.
The proposed action would change
the commercial and recreational sector
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allocation of the red snapper quota from
51 percent for the commercial sector
and 49 percent for the recreational
sector to 48.5 percent and 51.5 percent
for the commercial and recreational
sectors, respectively. Relative to the
current red snapper ACLs for the 2016
and 2017 fishing years, the proposed
reallocation would reduce the
commercial sector allocation by 0.352
million lb (0.160 million kg) in 2016
and 0.343 million lb (0.156 million kg)
in 2017, or a total of 0.695 million lb
(0.315 million kg) over 2 years. Based on
2013 median ex-vessel price per pound
for red snapper of $4.83 when adjusted
to 2014 prices ($4.75 at 2013 dollars),
these commercial quota reductions
would be expected to reduce total gross
revenue (ex-vessel revenue, minus the
IFQ program’s 3 percent cost recovery
fee) of vessels that commercially harvest
red snapper by approximately $1.48
million (2014 dollars) in 2016 and $1.45
million in 2017 for all vessels. Over 2
years, total revenue reductions would be
$2.93 million, or an average of $1.46
million per year for all vessels. This
average revenue reduction may be
considered to approximate the annual
revenue reduction of affected
commercial vessels over a number of
years for which the commercial quota is
held at about the same levels as in 2016
and 2017. Based on the 2010–2014
average of 375 vessels that commercially
harvested red snapper, the revenue
reduction per vessel would be
approximately $3,893 annually. This
amount is approximately 4 percent of
total per vessel revenues from all
species.
The following discussion describes
the eight alternatives that were not
selected as preferred in Amendment 28
by the Council.
The first alternative, the no action
alternative, would maintain the current
commercial and recreational allocation
of the red snapper ACL. This alternative
would maintain relatively the same
economic benefits to commercial vessels
but at levels higher than those afforded
by the preferred alternative. The second
alternative would increase the
recreational sector’s allocation by 3
percent, resulting in a 48 percent
commercial and 52 percent recreational
sector allocation. The third alternative
would increase the recreational sector’s
allocation by 5 percent, resulting in a 46
percent commercial and 54 percent
recreational sector allocation. The
fourth alternative would increase the
recreational sector’s allocation by 10
percent, resulting in a 41 percent
commercial and 59 percent recreational
sector allocation. The fifth alternative
would allocate to the recreational sector
PO 00000
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Fmt 4702
Sfmt 4702
75 percent of the red snapper ACL
increases beyond 9.12 million lb (4.14
million kg), resulting in a 42 percent
commercial and 58 percent recreational
sector allocation in 2016 and 42.3
percent commercial and 57.7 percent
recreational sector allocation in 2017.
The sixth alternative would allocate to
the recreational sector all red snapper
ACL increases beyond a stock ACL of
9.12 million lb (4.14 million kg),
resulting in a 33.3 percent commercial
and 66.7 percent recreational sector
allocation in 2016 and 33.9 percent
commercial and 66.1 percent
recreational sector allocation in 2017.
The seventh alternative would allocate
to the recreational sector 75 percent of
any red snapper ACL increases beyond
a stock ACL 10.0 million lb (4.54
million kg), resulting in a 43.6 percent
commercial and 56.4 percent
recreational sector allocation in 2016
and 43.9 percent commercial and 56.1
percent recreational sector allocation in
2017. The eighth alternative (Alternative
9 in Action 1) would allocate increases
in the red snapper ACL due to the
recalibration of MRIP catch estimates
and to the change in size selectivity to
the recreational sector, resulting in a
42.5 percent commercial and 57.5
percent recreational sector allocation in
2016 and 2017. All these other
alternatives, except the no action
alternative, would result in larger quota
and revenue reductions for the
commercial vessels that harvest red
snapper. Therefore, the Council
determined that the preferred
alternative in Amendment 28 best meets
the goal of ensuring the allowable catch
and recovery benefits from the
rebuilding red snapper stock are fairly
and equitably allocated between the
commercial and recreational sectors.
List of Subjects in 50 CFR Part 622
Allocation, Commercial, Fisheries,
Fishing, Gulf, Recreational, Red
snapper.
Dated: January 14, 2016.
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 § 622.39, revise paragraphs
(a)(1)(i) and (a)(2)(i) to read as follows:
■
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§ 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—6.768
million lb (3.070 million kg), round
weight.
(C) For fishing year 2017 and
subsequent fishing years—6.664 million
lb (3.023 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—7.192
million lb (3.262 million kg), round
weight.
(3) For fishing year 2017 and
subsequent fishing years—7.076 million
lb (3.210 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.
(2) For fishing year 2016—3.042
million lb (1.380 million kg), round
weight.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
*
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12:22 Jan 22, 2016
Jkt 238001
(3) For fishing year 2017—2.993
million lb (1.358 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—4.150
million lb (1.882 million kg), round
weight.
(3) For fishing year 2017—4.083
million lb (1.852 million kg), round
weight.
*
*
*
*
*
■ 3. In § 622.41, revise (q)(2)(iii) to read
as follows:
§ 622.41 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(q) * * *
(2) * * *
(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—5.606
million lb (2.543 million kg), round
weight.
(2) For fishing year 2016—5.754
million lb (2.610 million kg), round
weight.
(3) For fishing year 2017 and
subsequent fishing years—5.661 million
lb (2.568 million kg), round weight.
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Fmt 4702
Sfmt 9990
4015
(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—2.434
million lb (1.104 million kg), round
weight.
(3) For fishing year 2017—2.395
million lb (1.086 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—3.320
million lb (1.506 million kg), round
weight.
(3) For fishing year 2017—3.266
million lb (1.481 million kg), round
weight.
[FR Doc. 2016–01279 Filed 1–22–16; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 81, Number 15 (Monday, January 25, 2016)]
[Proposed Rules]
[Pages 4010-4015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01279]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 130919819-5999-01]
RIN 0648-BD68
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management
Measures; Amendment 28
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement management measures described in
Amendment 28 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) (Amendment 28). If approved and
implemented by the Secretary of Commerce (Secretary), Amendment 28
would revise the Gulf of Mexico (Gulf) red snapper commercial and
recreational sector allocations of the stock annual catch limits
(ACLs). As a result of the revised sector allocations proposed in
Amendment 28, this proposed rule would revise the red snapper
commercial and recreational quotas (which are equivalent to the ACLs)
and the recreational annual catch targets (ACTs). This proposed rule
would also set the Federal charter vessel/headboat and private angling
component quotas and ACTs based on the revised recreational sector's
ACL and ACT. The purpose of this proposed rule and Amendment 28 is to
reallocate the Gulf red snapper harvest consistent with the 2014 red
snapper assessment update while ensuring the allowable catch and
recovery benefits from the rebuilding red snapper stock are fairly and
equitably allocated between the commercial and recreational sectors.
DATES: Written comments must be received on or before March 10, 2016.
ADDRESSES: You may submit comments on the amendment identified by
``NOAA-NMFS-2013-0146'' by either 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-2013-0146, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Peter Hood, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or
[[Page 4011]]
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 Amendment 28, which includes an environmental
impact statement, a fishery impact statement, a 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/2013/am28/.
FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office,
NMFS, telephone: 727-824-5305; email: Peter.Hood@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef
fish fishery under the FMP. The Council prepared the FMP and NMFS
implements the FMP through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Act.
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, optimum yield from federally managed fish stocks. The Magnuson-
Stevens Act requires that in allocating fishing privileges among
fishermen, such allocation shall be fair and equitable to all such
fishermen, reasonably calculated to promote conservation, and carried
out in such a manner that no particular individual, corporation, or
other entity acquires an excessive share of such privileges. For stocks
like red snapper, which are subject to a rebuilding plan, the Magnuson-
Stevens Act also requires that harvest restrictions and recovery
benefits be allocated fairly and equitably among the fishing sectors.
These mandates are intended to ensure fishery resources are managed for
the greatest overall benefit to the nation, particularly with respect
to providing food production and recreational opportunities, and
protecting marine ecosystems. The purpose of Amendment 28 is to
reallocate red snapper harvest from the commercial sector to the
recreational sector, consistent with the 2014 red snapper update
assessment, to ensure that the allowable catch and recovery benefits
from a rebuilding stock are fairly and equitably allocated between the
sectors. The current commercial allocation would be reduced from 51
percent to 48.5 percent of the stock ACL and the recreational
allocation would be increased from 49 percent to 51.5 percent of the
stock ACL. This shift in allocation is based on the increase in the
total allowable harvest attributable to the calibration of Marine
Recreational Information Program (MRIP) catch estimates that were used
in a 2014 update assessment. This proposed rule would implement the
shift in allocation by modifying the commercial and recreational quotas
as well as recreational component quotas consistent with the revised
red snapper allocation. This proposed rule would also revise the
applicable ACTs. All weights described in this proposed rule are in
round (whole) weight.
Red Snapper Management
The Gulf red snapper stock is currently overfished and is under a
rebuilding plan projected to end in 2032. Consistent with the
rebuilding plan, both the commercial and recreational quotas have been
allowed to increase as the red snapper stock has recovered. The red
snapper commercial and recreational ACLs are equal to the applicable
quotas.
The recreational sector, which has experienced red snapper quota
overages and more recently, shorter red snapper seasons, is managed
through a variety of measures including separate Federal charter
vessel/headboat and private angling component quotas and ACTs,
recreational bag and size limits, and closed seasons. Since 2014, the
recreational season length is projected each year based on the
applicable ACTs, which are set 20 percent less than the applicable
quotas. In addition, an overage adjustment is required if the total
recreational quota is exceeded and red snapper are overfished. The red
snapper commercial sector has been managed under an individual fishing
quota (IFQ) program since 2007 (71 FR 67447, November 22, 2006).
Although the commercial sector has also experienced quota overages in
the past, since the beginning of the IFQ program, the commercial sector
has not exceeded its quota.
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. The Council has discussed NOAA's
Catch Share Policy as well as its own allocation policy, and consistent
with those policies, has considered changes to sector allocations for
red snapper and several grouper species. Amendment 28 and this proposed
rule specifically address red snapper allocation between the commercial
and recreational sectors.
Red Snapper Assessments
In 2013, the Southeast Data, Assessment, and Review 31 Gulf red
snapper benchmark assessment was conducted and was then reviewed by the
Council's Scientific and Statistical Committee (SSC). Based on their
review, the SSC made recommendations for a revised red snapper
acceptable biological catch (ABC) and overfishing limit (OFL). In 2014,
a red snapper update assessment (2014 update assessment) was conducted.
This assessment included more recent data and incorporated two changes
to the recreational landings information: (1) Calibrated historical
landings; and (2) new age (size) selectivity information for fishing
years 2011-2013 for all recreational fleets. The calibrated historical
landings resulted from important changes that were made to the design
of the Marine Recreational Information Program (MRIP) Access Point
Angler Intercept Survey in 2013 to cover the fishing day more
effectively than the original Marine Recreational Fisheries Statistics
Survey (MRFSS). As a result, MRIP tended to produce higher estimates of
red snapper landings and discards than MRFSS. Therefore, the original
time series of MRFSS estimates were calibrated to the new time series
of MRIP, which resulted in higher historical landings estimates for the
recreational sector. Also, the update assessment included new age
(size) selectivity information for fishing years 2011-2013 for all
recreational fleets. This was done because recreational red snapper
fishermen appeared to be selecting for larger and older fish in recent
years.
The results of the update assessment were first presented to the
SSC and Council at their respective January 2015 meetings via a
PowerPoint presentation. The results of the update assessment were
subsequently used by the SSC to make new ABC recommendations.
Specifically, the SSC recommended revised red snapper ABCs of 14.30
million lb (6.49 million kg), 13.96 million lb (6.33 million kg), and
13.74 million lb (6.23 million kg), for the 2015, 2016, and 2017
fishing years, respectively. The Council held a webinar meeting and
approved a framework action to set the 2015-2017 red snapper quotas
consistent with the SSC's recommendations and a final rule implementing
the framework action published in May 2015 (80 FR 24832, May 1, 2015).
Allocation
The initial allocation for the commercial and recreational sectors
was
[[Page 4012]]
set in Amendment 1 to the FMP and was based on the percentage of total
landings during the base period of 1979-1987 (55 FR 2078, January 22,
1990). The Council evaluated several different alternatives that would
increase the recreational sector's red snapper allocation during the
development of Amendment 28. These alternatives included
straightforward percentage changes, changes based on the red snapper
stock ACL, and changes based on the new recreational catch information
used in the 2014 update assessment. The Council initially considered
alternatives that would increase the commercial sector's red snapper
allocation. At that time, analyses from the NMFS Southeast Fisheries
Science Center (SEFSC) suggested that shifting red snapper allocation
from the commercial to the recreational sector would increase net
economic benefits. Thus, the Council determined that reallocating red
snapper to the commercial sector would not achieve the purpose of the
amendment at that time, which was to increase the net benefits from red
snapper fishing and increase the stability of the red snapper component
of the reef fish fishery, particularly for the recreational sector.
Therefore, the Council removed those alternatives from the amendment.
After the 2014 update assessment, the purpose and need statement of the
amendment was revised to reallocating the red snapper harvest
consistent with the assessment update to ensure the allowable catch and
recovery benefits are fairly and equitably allocated between the
commercial and recreational sectors. When the draft environmental
impact statement (EIS) was published for comment, it included this
revised purpose and need statement and two new alternatives added by
the Council to address the new information and the revised purpose and
need. The draft EIS did not include alternatives that would increase
the commercial sector's allocation because the new scientific
information did not change any previous understanding of commercial
landings. More information about the Council's decision not to include
these alternatives and an analysis of the environmental consequences of
increasing the commercial allocation are provided in the response to
comments section (Appendix D) of Amendment 28 and integrated final EIS.
Accordingly, NMFS has made a preliminary determination that Amendment
28 includes a reasonable range of alternatives consistent with the
requirements of the National Environmental Policy Act.
NMFS has also made a preliminary determination that Amendment 28 is
consistent with section 302(i)(6) of the Magnuson-Stevens Act, which
requires that interested parties ``have a reasonable opportunity to
respond to new data or information before the Council takes final
action on conservation and management measures.'' The preferred
allocation alternative selected by the Council is based on the increase
in the total allowable harvest that was attributable to the calibration
of MRFSS catch estimates to the new MRIP time series used in the 2014
update assessment. The written report of the update assessment was not
available until September 2015, which is after the Council took final
action on Amendment 28. However, that report merely memorializes the
information that was previously presented to the Council and the
public, and was used by the Council to increase the quotas in the
spring of 2015. The public had an opportunity to comment on the
assessment results both during the Council webinar and during the
comment period on the proposed rule to implement the quota increase
that was published in April 2015. The amount of increase in the total
allowable harvest attributable to the MRIP recalibration was derived
from projections provided by the SEFSC in March 2015 and that analysis
is included in Appendix H to Amendment 28.
The preferred allocation alternative was determined by first
allocating the red snapper quota that would result if MRIP catch
estimates were not calibrated according to the status quo allocation
percentages (51 percent commercial and 49 percent recreational) and
then adding the amount of red snapper quota estimated to result from
the recalibration to the recreational sector derived from the SEFSC
projections. Percentages of the 2015-2017 red snapper annual quotas
allocated to each sector fluctuated based on the quota and on the
amounts attributed to the recalibration. Thus, the Council decided to
base the proposed commercial and recreational allocation on the average
red snapper allocations for the projected years. Consequently,
Amendment 28 would revise the Gulf red snapper allocation to 48.5
percent of the stock ACL to the commercial sector and 51.5 percent of
the stock ACL to the recreational sector.
NMFS has made a preliminary determination that this allocation is
consistent with National Standard 4 and the requirements of section
303(a)(14) of the Magnuson-Stevens Act. National Standard 4 requires,
in relevant part, that any allocation be fair and equitable, and
reasonably calculated to promote conservation. Section 303(a)(14)
requires that any rebuilding plan that reduces harvest in a fishery
allocate harvest restrictions and recovery benefits fairly and
equitably among the commercial, recreational, and charter fishing
sectors. The allocation is fair and equitable because it addresses
changes in the methodology in collecting recreational landings
information that indicate that recreational harvests have been
underestimated and that the stock is more productive than previously
thought. Allocating the quantifiable increase in the total allowable
harvest attributable to the calibration to the recreational sector is a
straightforward way to help address the impacts of the changes to the
survey methodology on recreational catch estimates. This shift in
allocation is intended to help maintain a fair and equitable
distribution of recovery benefits by recognizing that future
recreational harvest will be monitored based on an improved methodology
that results in higher landings estimates. This allocation is also
reasonably calculated to promote conservation because the resulting
commercial and recreational quotas keep the harvest under the
overfishing limit, new accountability measures that have been
implemented for the recreational sector are constraining harvest to the
recreational quota, and analyses indicate that the shift in allocation
is not expected to affect the speed of recovery to the Gulf-wide
management rebuilding target.
Quotas
Given the red snapper stock ACLs of 13.96 million lb (6.33 million
kg) for the 2016 fishing year and 13.74 million lb (6.23 million kg)
for the 2017 fishing year, under the proposed allocation the commercial
quota would be 6.768 million lb (3.070 million kg) and 6.664 million lb
(3.023 million kg) for the 2016 and 2017 fishing years and the
recreational quota would be 7.192 million lb (3.262 million kg) and
7.076 million lb (3.210 million kg) for the 2016 and 2017 fishing
years. For the recreational sector, the ACT would be set 20 percent
less than the recreational quota and result in ACTs of 5.754 million lb
(2.610 million kg) for 2016 and 5.661 million lb (2.568 million kg) for
2017. As described in Amendment 40 to the FMP, the recreational quota
and ACT would be further divided into Federal charter vessel/headboat
and private angling component quotas and ACTs based on an allocation of
42.3
[[Page 4013]]
percent to the Federal charter vessel/headboat component and 57.7
percent to the private angling component (80 FR 22422, April 22, 2015).
As a result, this proposed rule would set the 2016 and 2017 Federal
charter vessel/headboat component quotas at 3.042 million lb (1.380
million kg) and 2.993 million lb (1.358 million kg), and the component
ACTs at 2.434 million lb (1.104 million kg) and 2.395 million lb (1.086
million kg), respectively. The rule would also set the 2016 and 2017
private angling component quotas at 4.150 million lb (1.882 million kg)
and 4.083 million lb (1.852 million kg), and the component ACTs at
3.320 million lb (1.506 million kg) and 3.266 million lb (1.481 million
kg), respectively. If Amendment 28 is approved by the Secretary and
implemented, the commercial sector's amount of red snapper available in
the IFQ program would be revised for the 2016 and 2017 fishing years
and the season lengths for the recreational sector, and associated
components, would be determined using the revised component ACTs.
NMFS has made a preliminary determination the proposed commercial
and recreational quotas are consistent with the requirements of section
407(d)(2). Section 407(d)(2) must be read in context with the rest of
section 407(d) as well as the Magnuson-Stevens Act as a whole. Section
407(d) was enacted in 1996 as part of the Sustainable Fisheries Act and
provides that any fishery plan amendment submitted by the Council for
the red snapper fishery after the date of enactment of the Sustainable
Fisheries Act must contain conservation and management measures that
(1) establish separate quotas for recreational fishing and commercial
fishing, and (2) ``ensure that such quotas reflect allocations among
such sectors and do not reflect any harvests in excess of such
allocations.'' The Council complied with the mandate of section 407(d)
in early 1997 by submitting a framework action to establish a
recreational quota with a closure provision that reflected the
allocation established in Amendment 1 to the FMP. A final rule
implementing the recreational quota was published in September 1997 (62
Federal Register 46677, September 4, 1997).
There are three general provisions of the Magnuson-Stevens Act that
are particularly relevant to the allocation decision addressed by
Amendment 28. These are National Standard 4 and section 303(a)(14),
which address, in relevant part, the fairness and equity of
allocations, and National Standard 2, which requires that conversation
and management measures shall be based on best scientific information
available. The adjustment to the allocation chosen by the Council is
based on new scientific information which indicates that historical
recreational landings were greater than previously estimated. Revised
historical recreational landings were then used in the update
assessment and had a quantifiable impact on the results of that
assessment. As explained above, allocating this quantifiable increase
in the total allowable harvest to the recreational sector is a
straightforward way to help address the impacts of the changes to the
data collection methodology on recreational catch estimates. To give
effect to all of the provisions of the statute, NMFS has made a
preliminary determination that: (1) The Council complied with the
mandates of section 407(d)(2) by establishing a recreational quota in
1997 that reflected the previously established allocation; and (2) that
this provision does not prohibit future action to adjust the
allocations as necessary to ensure consistency with the other general
requirements of the Magnuson-Stevens Act, such as National Standard 2,
National Standard 4, and section 303(a)(14). Furthermore, there is
nothing that indicates any intent to exclude the allocations in the red
snapper component of the reef fish fishery from these general
requirements.
Because the Amendment 28 rulemaking to reallocate the red snapper
stock ACL will be implemented after January 1, 2016, a framework action
has been developed by the Council and submitted to NMFS that would hold
back 4.9 percent of the 2016 commercial quota. The final rule for that
framework action published on November 27, 2015 (80 FR 73999). The
purpose of the framework action is to allow IFQ allocation to be
distributed to IFQ shareholders based on the 2016 commercial quota
proposed in Amendment 28. If Amendment 28 is not implemented, the held
back portion of the red snapper commercial quota would be distributed
back to the commercial sector.
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 Amendment 28, 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.
NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA), as
required by section 603 of the RFA, for this proposed rule. The IRFA
describes the economic impact this proposed rule, if adopted, would
have on small entities. A description of the action, why it is being
considered, the objectives of, and legal basis for this action are
contained at the beginning of this section in the preamble and in the
SUMMARY section of the preamble. A copy of the full analysis is
available from NMFS (see ADDRESSES). A summary of the IRFA follows.
The Magnuson-Stevens Act provides the statutory basis for this
proposed rule. No duplicative, overlapping, or conflicting Federal
rules have been identified. Moreover, the proposed rule is not expected
to change current reporting, record-keeping, and other compliance
requirements on directly affected small entities.
This proposed rule is expected to directly affect federally
permitted commercial fishermen that harvest red snapper in the Gulf.
Commercial harvest of red snapper in the Gulf is currently managed
under an IFQ program. From 2010 through 2014, an annual average of 375
vessels landed at least 1 lb (0.45 kg) of red snapper. Each vessel
generated annual average dockside revenues of approximately $102,000
(2014 dollars), of which $36,000 were from red snapper, $38,000 from
other species jointly landed with red snapper, and $28,000 from other
species on trips without red snapper. Vessels that caught and landed
red snapper may also operate in other fisheries, the revenues of which
are not known and are not reflected in these totals. It is noted that
the 2014 commercial red snapper landings data are preliminary.
With respect to the proposed changes in the red snapper
recreational allocation, only recreational anglers are allowed to keep
red snapper harvested under the recreational quota and would be
directly affected by 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 have harvest privileges to the red
snapper recreational quota/ACT. 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
[[Page 4014]]
much red snapper can be harvested and the quota is a factor in the
determination of the length of the red snapper season. Changing the
quota does not explicitly prevent the continued offer or sale of for-
hire fishing services. In the event of a shortened recreational season
precipitated by a recreational quota reduction, fishing for other
species can continue when the season is closed. In the event of a
recreational quota increase and associated lengthening in the
recreational 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 recreational quota would not
directly alter the basic service sold by for-hire vessels, in general,
this proposed action 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 action.
Because the effects on for-hire vessels would be indirect, they fall
outside the scope of the RFA.
NMFS has not identified any other small entities that would be
expected to be directly affected by this proposed action.
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 (North American Industry
Classification System, NAICS code 114111, finfish fishing) for all its
affiliated operations worldwide.
Based on revenue information, all 375 commercial vessels directly
affected by the rule can be considered small entities. Thus, the
proposed rule would affect a substantial number of small entities.
Because all entities expected to be directly affected by the proposed
rule are determined for the purpose of this analysis to be small
business entities, the issue of disproportional effects on large and
small entities does not arise in the present case.
The proposed action would change the commercial and recreational
sector allocation of the red snapper quota from 51 percent for the
commercial sector and 49 percent for the recreational sector to 48.5
percent and 51.5 percent for the commercial and recreational sectors,
respectively. Relative to the current red snapper ACLs for the 2016 and
2017 fishing years, the proposed reallocation would reduce the
commercial sector allocation by 0.352 million lb (0.160 million kg) in
2016 and 0.343 million lb (0.156 million kg) in 2017, or a total of
0.695 million lb (0.315 million kg) over 2 years. Based on 2013 median
ex-vessel price per pound for red snapper of $4.83 when adjusted to
2014 prices ($4.75 at 2013 dollars), these commercial quota reductions
would be expected to reduce total gross revenue (ex-vessel revenue,
minus the IFQ program's 3 percent cost recovery fee) of vessels that
commercially harvest red snapper by approximately $1.48 million (2014
dollars) in 2016 and $1.45 million in 2017 for all vessels. Over 2
years, total revenue reductions would be $2.93 million, or an average
of $1.46 million per year for all vessels. This average revenue
reduction may be considered to approximate the annual revenue reduction
of affected commercial vessels over a number of years for which the
commercial quota is held at about the same levels as in 2016 and 2017.
Based on the 2010-2014 average of 375 vessels that commercially
harvested red snapper, the revenue reduction per vessel would be
approximately $3,893 annually. This amount is approximately 4 percent
of total per vessel revenues from all species.
The following discussion describes the eight alternatives that were
not selected as preferred in Amendment 28 by the Council.
The first alternative, the no action alternative, would maintain
the current commercial and recreational allocation of the red snapper
ACL. This alternative would maintain relatively the same economic
benefits to commercial vessels but at levels higher than those afforded
by the preferred alternative. The second alternative would increase the
recreational sector's allocation by 3 percent, resulting in a 48
percent commercial and 52 percent recreational sector allocation. The
third alternative would increase the recreational sector's allocation
by 5 percent, resulting in a 46 percent commercial and 54 percent
recreational sector allocation. The fourth alternative would increase
the recreational sector's allocation by 10 percent, resulting in a 41
percent commercial and 59 percent recreational sector allocation. The
fifth alternative would allocate to the recreational sector 75 percent
of the red snapper ACL increases beyond 9.12 million lb (4.14 million
kg), resulting in a 42 percent commercial and 58 percent recreational
sector allocation in 2016 and 42.3 percent commercial and 57.7 percent
recreational sector allocation in 2017. The sixth alternative would
allocate to the recreational sector all red snapper ACL increases
beyond a stock ACL of 9.12 million lb (4.14 million kg), resulting in a
33.3 percent commercial and 66.7 percent recreational sector allocation
in 2016 and 33.9 percent commercial and 66.1 percent recreational
sector allocation in 2017. The seventh alternative would allocate to
the recreational sector 75 percent of any red snapper ACL increases
beyond a stock ACL 10.0 million lb (4.54 million kg), resulting in a
43.6 percent commercial and 56.4 percent recreational sector allocation
in 2016 and 43.9 percent commercial and 56.1 percent recreational
sector allocation in 2017. The eighth alternative (Alternative 9 in
Action 1) would allocate increases in the red snapper ACL due to the
recalibration of MRIP catch estimates and to the change in size
selectivity to the recreational sector, resulting in a 42.5 percent
commercial and 57.5 percent recreational sector allocation in 2016 and
2017. All these other alternatives, except the no action alternative,
would result in larger quota and revenue reductions for the commercial
vessels that harvest red snapper. Therefore, the Council determined
that the preferred alternative in Amendment 28 best meets the goal of
ensuring the allowable catch and recovery benefits from the rebuilding
red snapper stock are fairly and equitably allocated between the
commercial and recreational sectors.
List of Subjects in 50 CFR Part 622
Allocation, Commercial, Fisheries, Fishing, Gulf, Recreational, Red
snapper.
Dated: January 14, 2016.
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. 622.39, revise paragraphs (a)(1)(i) and (a)(2)(i) to read
as follows:
[[Page 4015]]
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--6.768 million lb (3.070 million kg),
round weight.
(C) For fishing year 2017 and subsequent fishing years--6.664
million lb (3.023 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--7.192 million lb (3.262 million kg),
round weight.
(3) For fishing year 2017 and subsequent fishing years--7.076
million lb (3.210 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.
(2) For fishing year 2016--3.042 million lb (1.380 million kg),
round weight.
(3) For fishing year 2017--2.993 million lb (1.358 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--4.150 million lb (1.882 million kg),
round weight.
(3) For fishing year 2017--4.083 million lb (1.852 million kg),
round weight.
* * * * *
0
3. In Sec. 622.41, revise (q)(2)(iii) to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(q) * * *
(2) * * *
(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--5.606 million lb (2.543 million kg),
round weight.
(2) For fishing year 2016--5.754 million lb (2.610 million kg),
round weight.
(3) For fishing year 2017 and subsequent fishing years--5.661
million lb (2.568 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--2.434 million lb (1.104 million kg),
round weight.
(3) For fishing year 2017--2.395 million lb (1.086 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--3.320 million lb (1.506 million kg),
round weight.
(3) For fishing year 2017--3.266 million lb (1.481 million kg),
round weight.
[FR Doc. 2016-01279 Filed 1-22-16; 8:45 am]
BILLING CODE 3510-22-P
