[Federal Register Volume 75, Number 60 (Tuesday, March 30, 2010)]
[Proposed Rules]
[Pages 15665-15667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7064]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100217094-0115-01]
RIN 0648-AY57
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues this proposed rule that would implement a
regulatory amendment to the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico
Fishery Management Council (Council). This proposed rule would increase
the commercial and recreational quotas for red snapper and provide an
estimated closure date for the 2010 recreational red snapper component
of the Gulf of Mexico (Gulf) reef fish fishery. The intended effect of
the proposed rule is to help achieve optimum yield (OY) by relaxing red
snapper harvest limitations consistent with the findings of the recent
stock assessment for this species.
DATES: Written comments must be received on or before April 14, 2010.
ADDRESSES: You may submit comments on the proposed rule identified by
0648-AY57 by any of the following methods:
Electronic submissions: Submit electronic comments via the
Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Peter Hood, Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL 33701.
Fax: 727-824-5308; Attention: Peter Hood.
Instructions: No comments will be posted for public viewing until
after the comment period has closed. All comments received are a part
of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying
Information (for example, name, address, etc.) voluntarily submitted by
the commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
field if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
Copies of the regulatory amendment, which includes an environmental
assessment and a regulatory impact review may be obtained from the Gulf
of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite
1100, Tampa, FL 33607; telephone 813-348-1630; fax 813-348-1711; e-mail
[email protected]; or may be downloaded from the Council's
Web site at http://www.gulfcouncil.org/.
FOR FURTHER INFORMATION CONTACT: Peter Hood, 727-824-5308.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the FMP. The FMP was prepared by the Council and is
implemented through regulations at 50 CFR part 622 under the authority
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act).
Background
According to the updated stock assessment for Gulf red snapper,
conducted in 2009, the stock is still overfished and rebuilding, but
overfishing is projected to have ended in 2009. The rebuilding plan for
Gulf red snapper was outlined in Amendment 22 to the FMP, and
implemented through regulations in 2005. Actions taken in 2008 through
Joint Amendment 27 to the FMP and Amendment 14 to the FMP for the
Shrimp Fishery of the Gulf of Mexico revised the red snapper rebuilding
strategy with the intent to end overfishing by 2009 or 2010 and rebuild
red snapper by 2032 to the biomass levels that can support harvest of
the maximum sustainable yield (MSY). The revised rebuilding plan
outlined that after 2010, total allowable catch (TAC) would be
increased consistent with a fishing mortality rate that produces MSY.
The Southeast Data, Assessment, and Review (SEDAR) update
assessment for Gulf red snapper was conducted in August 2009, with the
objective of updating the 2005 SEDAR 7 red snapper benchmark
assessment. The 2009 assessment updated, reviewed, and incorporated all
data included in the SEDAR 7 assessment, as well as new information
that became available after the 2005 assessment. The results of the
assessment update, as reviewed and approved by the Council's Scientific
[[Page 15666]]
and Statistical Committee (SSC), projected overfishing to have ended in
2009. Therefore, NMFS may increase red snapper TAC to help achieve OY
for the fishery. The SSC recommended an allowable biological catch
(ABC) of 6.945 million lb (3.150 million kg) in 2010, which is greater
than the current rebuilding plan's 2010 TAC of 5.00 million lb (2.27
million kg). The ABC recommended by the SSC also follows the guidance
established in the National Standard 1 Guidelines (74 FR 3178, January
16, 2009). The SSC's recommended ABC is set 25 percent below the
overfishing limit, to account for scientific uncertainty. Additionally,
this harvest level is consistent with the Council's OY level.
The recreational and commercial allocations would remain consistent
with those established in Amendment 1 to the FMP. Therefore, 51 percent
of the TAC would be allocated for the commercial quota and 49 percent
of the TAC would be allocated for the recreational quota.
Management Measures Contained in this Proposed Rule
The Gulf red snapper regulatory amendment would set the TAC for
2010 and subsequent fishing years at 6.945 million lb (3.150 million
kg). Based on the current commercial and recreational allocations, the
TAC would be implemented through this proposed rule by setting the
commercial quota for Gulf red snapper at 3.542 million lb (1.607
million kg) and the recreational quota at 3.403 million lb (1.544
million kg). NMFS has made a preliminary projection that this increased
TAC would result in an estimated 54-day fishing season for the
recreational sector, which corresponds to a preliminary closure date of
July 24, 2010. Preliminary estimates indicate the recreational fishery
exceeded its quota in 2009 by more than 1.7 million lb (0.77 million
kg), and therefore, under the existing 2.45 million lb (1.11 million
kg) recreational quota and assuming similar effort and catch rates for
2010, the recreational fishing season would have been 34 to 40 days.
However, under the proposed 3.403 million lb (1.544 million kg) quota,
the recreational fishing season is preliminarily projected to remain
open for 54 days. The Magnuson-Stevens Act requires NMFS to close the
recreational red snapper fishery in Federal waters when the quota is
met or projected to be met. NMFS will provide a final projection of the
2010 recreational season closure date after finalized 2009 recreational
landings data are available. The final closure date of the 2010 Gulf
red snapper recreational season based on final data will be announced
in the final rule for this action. These management measures would
achieve the goal of National Standard 1 of the Magnuson-Stevens Act,
which states that conservation and management measures shall prevent
overfishing while achieving, on a continuing basis, the optimum yield
for the fishery.
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 regulatory amendment, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this determination is as follows:
The purpose of this proposed rule is to set the red snapper
total allowable catch and resulting recreational and commercial
quotas consistent with the goals and objectives of the Council's red
snapper rebuilding plan. The Magnuson-Stevens Act provides the
statutory basis for this proposed rule.
This proposed rule, if implemented, would be expected to
directly affect commercial and for-hire fishing vessels that harvest
red snapper in the Gulf of Mexico. Based on logbook records, for the
period 2007-2008, an average of 312 commercial vessels per year
recorded red snapper landings in the Gulf. The total average annual
ex-vessel revenues from all logbook-recorded harvests from all
species for these vessels during this period was approximately
$28.943 million (2008 dollars), of which approximately $9.435
million came from red snapper. The average annual total revenue per
vessel for these vessels during this period was approximately
$93,000 (2008 dollars).
Some fleet activity occurs in the Gulf commercial reef fish
fishery. Based on permit data, the maximum number of permits
reported to be owned by the same entity is six, though additional
permits may be linked through other affiliations which cannot be
identified with current data. Using the average revenue per vessel
provided above, the average annual estimated maximum combined
revenues for this entity would be approximately $558,000 (2008
dollars).
The for-hire fleet is comprised of charterboats, which charge a
fee on a vessel basis, and headboats, which charge a fee on an
individual angler (head) basis. A Gulf reef fish for-hire permit is
required to harvest red snapper in the Gulf. On December 23, 2009,
there were 1,266 active Gulf reef fish for-hire permits. An active
permit is a non-expired permit. Expired reef fish for-hire permits
may not be actively fished, but are renewable for up to one year
after expiration. Because of the extended renewal period, numerous
permits may be expired but renewable at any given time of the year.
It is estimated that the total number of permits (and associated
vessels) active for some portion of the entire calendar year is a
few hundred more than the number of permits active on any given
date. Although the permit does not distinguish between headboats and
charter boats, an estimated 79 headboats and 1187 charter boats
operate in the Gulf. It cannot be determined with available data how
many of the for-hire vessels permitted to operate in the Gulf reef
fish fishery harvest red snapper, so all permitted vessels are
assumed to comprise the universe of potentially affected vessels.
The average charterboat is estimated to earn approximately $88,000
(2008 dollars) in annual revenues, while the average headboat is
estimated to earn approximately $461,000 (2008 dollars).
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 $4.0 million (NAICS
code 114111, finfish fishing) for all its affiliated operations
worldwide. For for-hire vessels, the other qualifiers apply and the
revenues threshold is $7.0 million (NAICS code 713990, recreational
industries). Based on the average revenue estimates provided above,
all commercial and for-hire vessels expected to be directly affected
by this proposed rule are determined for the purpose of this
analysis to be small business entities.
This proposed rule would not establish any new reporting,
record-keeping, or other compliance requirements. No duplicative,
overlapping, or conflicting Federal rules have been identified. This
proposed rule, if implemented, would be expected to result in an
increase in commercial red snapper harvests and a closure date of
the recreational red snapper fishing season later in the season than
the status quo. The increase in commercial red snapper harvests
would be expected to increase commercial annual ex-vessel revenues
by as much as $3 million, while a later closure date of the
recreational red snapper fishing season would be expected to
increase annual net operating revenues to for-hire businesses by as
much as $3.8 million. Therefore, all of the expected direct economic
impacts of this proposed rule on small entities, if implemented, are
positive. No reduction in the revenues or profits of affected
entities would be expected.
Because this proposed rule, if implemented, is not expected to have
any direct economic impact on any small entities, an initial regulatory
flexibility analysis is not required and none has been prepared.
[[Page 15667]]
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: March 25, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries.
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, 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 Sec. 622.42, paragraphs (a)(1)(i) and (a)(2)(i) are revised
to read as follows:
Sec. 622.42 Quotas.
* * * * *
(a) * * *
(1) * * *
(i) Red snapper--3.542 million lb (1.607 million kg), round weight.
* * * * *
(2) * * *
(i) Recreational quota for red snapper. The recreational quota for
red snapper is 3.403 million lb (1.544 million kg), round weight.
* * * * *
[FR Doc. 2010-7064 Filed 3-29-10; 8:45 am]
BILLING CODE 3510-22-P