[Federal Register Volume 65, Number 97 (Thursday, May 18, 2000)]
[Proposed Rules]
[Pages 31507-31509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12577]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 000211038-0038-01; I.D. 101499D]
RIN 0648-AM93


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery off the Southern Atlantic States; Greater 
Amberjack Trip Limit; Resubmission of Disapproved Measure in Amendment 
9

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 proposes a rule that would implement a previously 
disapproved 1,000-lb (454-kg) commercial trip limit for greater 
amberjack as originally contained in Amendment 9 to the Fishery 
Management Plan for the Snapper-Grouper Fishery of the South Atlantic 
Region (FMP). The intended effect of the trip limit is to prevent 
overfishing and conserve and manage greater amberjack.

DATES: Comments on this proposed rule must be received at the 
appropriate address or fax number, (see ADDRESSES), no later than 5:00 
p.m., eastern standard time, on June 19, 2000.

ADDRESSES: Copies of documents supporting the proposed commercial trip 
limit for greater amberjack may be obtained upon request from the South 
Atlantic Fishery Management Council, One Southpark Circle, Suite 306, 
Charleston, SC 29407-4699; telephone: 843-571-4366; fax: 843-769-4520.
    Copies of the economic analyses of the proposed commercial trip 
limit for greater amberjack may be obtained upon request from the 
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. 
Petersburg, FL 33702; telephone: 727-570-5305; fax: 727-570-5583.
    Written comments on this proposed rule may be submitted to the 
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. 
Petersburg, FL 33702. Comments also may be sent via

[[Page 31508]]

fax to 727-570-5583. Comments will not be accepted if submitted via e-
mail or Internet.

FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, telephone: 727-570-
5305, fax: 727-570-5583, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery off the southern 
Atlantic states is managed under the FMP. The FMP was prepared by the 
South Atlantic Fishery Management Council (Council) and approved and 
implemented by NMFS under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) through 
regulations at 50 CFR part 622.
    NMFS determined that the status of the greater amberjack stock 
relative to the FMP's current overfishing definition is unknown in the 
Report to Congress: Status of Fisheries of the United States, NMFS, 
October 1999. Current data show declines in average size and landings 
of greater amberjack. Accordingly, in Amendment 9 to the FMP the 
Council proposed precautionary measures to ensure that greater 
amberjack did not approach an overfished condition. Specifically, 
Amendment 9 to the FMP proposed to: (1) Reduce the recreational bag 
limit from 3 to 1 greater amberjack per person per day; (2) prohibit 
harvest and possession in excess of the bag limit during April 
throughout the EEZ; (3) establish a 1000-lb (454-kg) commercial trip 
limit with no more than one trip allowed per day; (4) establish a 
commercial quota of 1,169,931 lb (530,672 kg) (63 percent of 1995 
landings); (5) begin the fishing year May 1; (6) prohibit the sale of 
greater amberjack harvested under the bag limit when the season is 
closed; and (7) prohibit coring (removal of the head from the carcass).
    On September 8, 1998, NMFS announced the availability of Amendment 
9 to the FMP and requested public comments on it (63 FR 47461). On 
November 12, 1998, NMFS published a proposed rule to implement the 
measures in Amendment 9 to the FMP and requested comments on this rule 
(63 FR 63276). On December 9, 1998, after considering the comments 
received on the amendment and the proposed rule, NMFS partially 
approved Amendment 9 to the FMP. NMFS disapproved the proposed 1,000-lb 
(454-kg) commercial trip limit for greater amberjack because 
information at that time indicated that the benefits of the trip limit 
did not exceed costs. Subsequently, NMFS conducted another economic 
analysis of the expected effects of this measure, based on more recent 
information, that indicates that the benefits of the trip limit may 
exceed costs (net benefits), especially if a ``derby'' fishery is 
prevented. Based on the conclusions of the supplemental economic 
analysis, the Council resubmitted the proposed commercial trip limit 
for greater amberjack, as contained in Amendment 9 to the FMP, to NMFS 
for review, approval, and implementation. On January 26, 2000, NMFS 
approved the amberjack trip limit measure.

Classification

    This proposed rule has been determined to be significant for 
purposes of Executive Order 12866.
    The Council prepared a final supplemental environmental impact 
statement for Amendment 9 to the FMP that assessed the environmental 
impacts of its greater amberjack trip limit. A notice of its 
availability was published on October 9, 1998 (63 FR 54476).
    The Chief Counsel for Regulation of the Department of Commerce has 
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 the certification is based on NMFS' analyses and 
is summarized as follows:
    Determination of Nature and Size of Economic Impacts on Small 
Entities: This determination and discussion is based on a series of 
analyses conducted by NMFS following the original disapproval decision 
by the Secretary of Commerce and the subsequent resubmittal of the 
action. One part of the determination is to decide if a substantial 
number of the population will be affected by the proposed Federal 
action and defining the population is key to the determination of 
substantial number. For the purposes of this determination, a narrow 
definition of the population that might be impacted by the action will 
be used. Although there are about 2,000 vessels permitted to legally 
harvest greater amberjack, the population is defined as being limited 
to those vessels that actually landed greater amberjack in the most 
recent fishing year for which data are available. It is further 
determined that all of these fishing vessels represent small entities 
as defined by the Small Business Administration. During the 1996-97 
fishing year a total of 553 commercial fishing craft landed greater 
amberjack and took 3685 trips on which landings of greater amberjack 
were reported. Of the 553 fishing craft that could be potentially 
impacted, 73 reported a total of 290 trips that resulted in landing 
over 1,000 pounds of greater amberjack on at least one trip during the 
1996-97 fishing season. In terms of the population as defined, 13 
percent of the population had one or more trips on which 1,000 pounds 
of greater amberjack were landed and this represents 8 percent of all 
greater amberjack trips.
    The fishing craft (small entities) expected to be directly impacted 
by the action are engaged in commercial fishing activities that result 
in the landing and sale of a variety of snapper grouper species as well 
as other species. In other words, these fishing businesses are not 
totally dependent on their ability to harvest greater amberjack. For 
those 73 entities reporting at least one trip on which 1,000 pounds of 
greater amberjack were reported, they had average gross revenues from 
fishing of $41,342 for the 1996-97 fishing year and $12,274, or about 
30 percent of that average gross revenue, was attributed to landings of 
greater amberjack. Assuming no changes in fishing behavior if the trip 
limit is implemented, the amount of greater amberjack revenue in excess 
of the 1,000 pound trip limit during the 1996-97 fishing season could 
be interpreted as ``lost'' revenue for those trips that resulted in 
greater amberjack catches in excess of 1,000 pounds. However, it is 
known from empirical observations in other fisheries where a trip limit 
was introduced that fishing behavior indeed changes. The behavior can 
be of two different general types. When trip limits are introduced and 
the vessel cannot generate enough gross revenue from the trip to cover 
costs, the entity will either forego fishing for the species in 
question or will attempt to switch target species if that avenue is 
available. The other straightforward behavior change is to take 
additional trips of the original target species if the expected gross 
revenue will more than cover the costs of the trip. Because the data 
existed for this fishery, an extension of the analysis was conducted to 
investigate the probable change in fishing behavior and this analysis 
indicated that the fishermen would tend to take additional trips for 
greater amberjack rather than ceasing fishing or switching to an 
alternate species. The analysis resulted in an expectation that those 
vessels directly impacted by the trip limit would take an average of 
about 4 extra trips targeting greater amberjack if the trip limit is 
implemented. The analysis further indicated that the overall outcome of 
the trip limit would be a loss of about 3 percent of net operating 
revenue (gross revenue less trip costs) for the 73 vessels directly

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impacted or about four tenths of a percent loss in net operating 
revenue for the entire population of 553 vessels that land greater 
amberjack. Recalling that species other than greater amberjack are also 
harvested by these vessels, the 4 extra trips would also result in 
additional revenues derived from landing other species in association 
with greater amberjack. However, the landings and revenue associated 
with the 4 extra trips per vessel were not specifically calculated and 
are thus not considered in the analysis except to note that the impact 
would be lessened if these additional landings were to be considered. 
The trip limit is not expected to result in any of the affected small 
entities being forced to cease business operations if the trip limit 
goes into effect. This result is based on the analysis of vessel 
behavior following the imposition of a trip limit and the analysis 
indicated that a trip limit of 1,000 pounds would allow for the full 
recovery of the trip costs and additional trips would be taken instead 
of the small entity ceasing business operations.
    There are no capital, operating, reporting or other compliance 
costs associated with the action and due to the lack of such costs 
there are no differential impacts for small versus large entities. 
Similarly, since there are no capital costs of compliance, there is no 
issue related to the total amount of capital available to the small 
entities that may be affected by the action.
    Overall Conclusion: These results indicate that a substantial 
number of small entities will not be impacted to a significant degree 
by the action to implement a 1,000 pound trip limit for commercial 
fishermen operating in the snapper grouper fishery of the South 
Atlantic.
    Copies of NMFS' economic analysis are available (see ADDRESSES).

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: May 12, 2000.
Andrew A. Rosenberg,
Deputy 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, 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. 622.44, paragraph (c)(4) is added to read as follows:


Sec. 622.44  Commercial trip limits.

* * * * *
    (c) * * *
    (4) Greater amberjack. Until the fishing year quota specified in 
Sec. 622.42(e)(3) is reached, 1,000 lb (454 kg). No more than one trip 
may be made per day. See Sec. 622.43(a)(5)(i) for the limitations 
regarding greater amberjack after the fishing year quota is reached.
* * * * *
[FR Doc. 00-12577 Filed 5-17-00; 8:45 am]
BILLING CODE 3510-22-F