[Federal Register Volume 71, Number 4 (Friday, January 6, 2006)]
[Notices]
[Pages 913-915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-109]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 122905A]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Second Referendum Procedures 
for a Potential Gulf of Mexico Red Snapper Individual Fishing Quota 
Program

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of referendum schedule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this notice to announce information about the 
schedule for participating in a referendum to determine whether an 
individual fishing quota (IFQ) program for the Gulf of Mexico 
commercial red snapper fishery should be submitted to the Secretary of 
Commerce (Secretary) for review. The intended effect of the IFQ program 
would be to reduce overcapacity in the commercial red snapper fishery 
and end the current derby-type conditions that have resulted from 
increasingly restrictive regulation.

ADDRESSES: Copies of supporting documentation including the final rule 
implementing these procedures (69 FR 6921, February 12, 2004), which 
includes a regulatory impact review and a Regulatory Flexibility Act 
Analysis, are available from NMFS, Southeast Regional Office, 263 13th 
Avenue S., St. Petersburg, FL 33701.

FOR FURTHER INFORMATION CONTACT: Phil Steele, telephone: 727-551-5784, 
fax: 727-824-5308, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Under section 407(c) of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), the 
Gulf of Mexico Fishery Management Council (Council) is authorized to 
prepare and submit a plan amendment and regulations to implement an IFQ 
program for the commercial red snapper fishery, but only if certain 
conditions are met. First, the preparation of such a plan amendment and 
regulations must be approved in a referendum of certain fishery 
participants. Second, the submission of the plan amendment and 
regulations to the Secretary for review and approval or disapproval 
must be approved in a subsequent referendum. Both referendums must be 
conducted in accordance with section 407(c)(2). Section 407(c)(2) also 
specifies that:

    Prior to each referendum, the Secretary, in consultation with 
the Council, shall: (A) identify and notify all such persons holding 
permits with red snapper endorsements and all such vessel captains; 
and (B) make available to all such persons and vessel captains 
information about the schedule, procedures, and eligibility 
requirements for the referendum and the proposed individual fishing 
quota program.

    On February 12, 2004, NMFS issued the final rule (69 FR 6921) to 
provide information about the schedule, procedures, and eligibility 
requirements for participating in both referendums to determine whether 
an IFQ program should be prepared and, if so, whether it should be 
submitted to the Secretary for review. The intended effect of the final 
rule was to implement procedures for the referendums consistent with 
the requirements of the Magnuson-Stevens Act.
    At the request of the Council, NMFS conducted the first referendum 
in early

[[Page 914]]

2004 and presented the results to the Council at its March 2004 
meeting. The voters approved preparation of an IFQ plan amendment in 
that referendum, and the Council began preparation of the amendment. 
The Council is scheduled to take final action on the amendment at its 
March 2006 meeting, and therefore NMFS needs to complete the second 
referendum prior to that meeting.
    The procedures, criteria, and vote weighting formula for this 
referendum were established in the final rule published February 12, 
2004 (69 FR 6921) and are repeated here pursuant to section 407(c)(2) 
of the Magnuson-Stevens Act.

Referendum Processes

Who Will Be Eligible to Vote in the Referendums?

    Section 407(c)(2) of the Magnuson-Stevens Act establishes criteria 
regarding eligibility of persons to vote in the referendums. Those 
criteria are subject to various interpretations. After careful 
consideration of those criteria, the practicality and fairness of 
several possible interpretations, and public comments, NMFS has 
determined the following persons will be eligible to vote in the 
referendum.
    I. For the second referendum:
    A. A person who according to NMFS permit records has continuously 
held his or her Gulf red snapper endorsement/Class 1 license from 
September 1, 1996, through the date of publication in the Federal 
Register of this notice announcing the second referendum;
    B. In the case of a Class 1 license that has been transferred 
through sale since September 1, 1996, the person who according to NMFS' 
permit records holds such Class 1 license as of the date of publication 
in the Federal Register of this notice announcing the second 
referendum;
    C. In the case of a Class 1 license that has been transferred 
through lease since September 1, 1996, both the final lessor and final 
lessee as of the date of publication in the Federal Register of this 
notice announcing the second referendum, as determined by NMFS' permit 
records; and
    D. A vessel captain who harvested red snapper under a red snapper 
endorsement in each red snapper commercial fishing season occurring 
between January 1, 1993, and September 1, 1996.
    A person will only receive voting eligibility under one of the 
eligibility criteria, i.e., a person will not receive dual voting 
eligibility by being both a qualifying vessel captain and a qualifying 
holder of an endorsement/Class 1 license.
    NMFS has sufficient information in the Southeast Regional Office 
fisheries permit database to identify those persons who will be 
eligible to vote in the referendums based on their having held a red 
snapper endorsement/Class 1 license during the required periods. 
However, NMFS did not have sufficient information to identify vessel 
captains whose eligibility would be based on the harvest of red snapper 
under a red snapper endorsement in each red snapper commercial fishing 
season occurring between January 1, 1993, and September 1, 1996. To 
obtain that information prior to the first referendum, NMFS prepared 
and distributed a fishery bulletin that described the general 
referendum procedures and provided a 20-day period (ending August 18, 
2003) for submittal of detailed information by those vessel captains. 
That fishery bulletin was widely distributed to all Gulf reef fish 
permitees, including dealers, and to major fishing organizations, state 
fisheries directors, and others. Information received from that 
solicitation has been used to identify vessel captains whose 
eligibility to vote in the referendums is based on the red snapper 
harvest criterion.

How Will Votes Be Weighted?

    Section 407(c)(2) of the Magnuson-Stevens Act requires that NMFS 
develop a formula to weight votes based on the proportional harvests 
under each eligible endorsement and by each eligible captain between 
the period January 1, 1993, and September 1, 1996. NMFS will obtain 
applicable red snapper landings data from the Southeast Fisheries 
Science Center reef fish logbook database. Information from NMFS' 
Southeast Regional Office permit database will be used to assign 
applicable landings to each eligible voter (red snapper endorsement/
Class 1 license holder, lessee/lessor, or vessel captain). In cases 
where only one eligible voter has eligibility tied to a particular 
license, all applicable landings associated with that license accrue to 
that voter, and the voter will be assigned a vote-weighting factor of 
one vote per pound. In cases where more than one eligible voter has 
eligibility tied to a particular license, e.g., lessee and lessor, or a 
qualifying vessel captain and a license holder, all eligible voters 
associated with that license will have their vote weighted equally such 
that their combined vote will equal one vote per pound of landings 
applicable to that license. For example, if a qualifying captain is 
eligible based on his or her landings under a specific license during 
the relevant time period, and that license is now held by a license 
holder who is not involved with lease arrangements with that license, 
but who is not the same qualifying captain, then each would get one-
half of a vote per pound of landings associated with the license. In 
this example, should the current holder lease the same license, then 
each participant would have their vote weighted as one-third of a vote 
per pound, so that their combined vote would equal the total number of 
pounds associated with the license.
    The weighting procedure is complicated somewhat by requirements to 
protect the confidentiality of landings data, when the applicable 
landings history involves landings by different entities. To address 
confidentiality concerns, NMFS will establish a series of categories 
(ranges) of red snapper landings based on 5,000-lb (2,268-kg) 
intervals, e.g., 0-5,000 lb (0-2,268 kg); 5,001-10,000 lb (2,268-4,536 
kg); etc., concluding with the interval that includes the highest 
documented landings. The total landings between the period January 1, 
1993, and September 1, 1996, associated with each license, will be 
attributed to the appropriate category. The overall average pounds 
landed attributed to each category will be determined. That average 
number of pounds will be the base applied to the vote-weighting factor 
for each eligible voter whose landings fall within that category.
    For example, if the overall average number of pounds attributed to 
the 5,001-10,000-lb (2,268-4,536-kg) category is 8,150 lb (3,697 kg), 
each eligible voter within that category would receive votes equal to 
8,150 multiplied by the applicable vote-weighting factor, e.g., 8,150 x 
1.0 = 8,150 votes if only one voter was associated with the license; 
8,150 x 0.5 = 4,075 votes each for a lessee and lessor associated with 
the same license; 8,150 X 0.33 = 2,690 votes each for a qualifying 
vessel captain, lessee, and lessor all associated with the same 
license.

How Will the Vote Be Conducted?

    On or about January 17, 2006, NMFS will mail each eligible voter a 
ballot that would specify the number of votes (weighting) that voter is 
assigned. NMFS will mail the ballots and associated explanatory 
information, via certified mail return receipt requested, to the 
address of record indicated in NMFS' permit database for endorsement/
Class 1

[[Page 915]]

license holders and, for vessel captains, to the address provided to 
NMFS by the captains during the prior information solicitation that 
ended August 18, 2003. All votes assigned to an eligible voter must be 
cast for the same decision, i.e., either all to approve or all to 
disapprove the applicable referendum question. The ballot must be 
signed by the eligible voter. Ballots must be mailed to Phil Steele, 
Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, 
FL 33701. Ballots for the second referendum must be received at that 
address by 4:30 p.m., eastern time, February 21, 2006; ballots received 
after that deadline will not be considered in determining the outcome 
of the initial referendum. Although it will not be required, voters may 
want to consider submitting their ballots by registered mail.

How Will the Outcome of the Second Referendum Be Determined?

    Vote counting will be conducted by NMFS. Approval or disapproval of 
the referendums will be determined by a majority (i.e., a number 
greater than half of a total) of the weighted votes cast. NMFS will 
prepare a fishery bulletin announcing the results of the second 
referendum that is conducted and will distribute the bulletin to all 
Gulf reef fish permitees, including dealers, and to other interested 
parties. The results will also be posted on NMFS' Southeast Regional 
Office's Web site at http://sero.nmfs.noaa.gov.

What Will Happen After the Second Referendum?

    NMFS will present the results of the second referendum at the March 
2006 Council meeting. If the second referendum fails, the Council 
cannot proceed with implementation an IFQ program for the commercial 
red snapper fishery in the Gulf of Mexico. If the second referendum is 
approved, the Council would be authorized, if it so decides, to submit 
the finalized plan amendment and regulations to the Secretary for 
review and approval or disapproval. The proposed IFQ program was 
developed through the usual Council and rulemaking processes that 
involved extensive opportunities for industry and public review and 
input at various Council meetings, public hearings, and during public 
comment periods on the plan amendment and regulations. The plan 
amendment and regulations could only be submitted to the Secretary for 
review and approval or disapproval if, in a second referendum, approval 
of the submission was passed by a majority (i.e., a number greater than 
half of a total) of the votes cast by the eligible voters as described 
above.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: December 30, 2005.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-109 Filed 1-3-06; 2:49 pm]
BILLING CODE 3510-22-S