[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Proposed Rules]
[Pages 31906-31908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15845]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 090508900-9901-01]
RIN 0648-AX75


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic; Red Snapper Closure

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

ACTION: Proposed temporary rule; request for comments.

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SUMMARY: This proposed temporary rule would implement interim measures 
to establish a closure of the commercial and recreational fisheries for 
red snapper in the South Atlantic as requested by the South Atlantic 
Fishery Management Council (Council). The intended effect is to reduce 
overfishing of red snapper while permanent management measures are 
developed in Amendment 17 to the Fishery Management Plan for the 
Snapper-Grouper Fishery of the South Atlantic Region (Amendment 17) to 
end overfishing of red snapper.

DATES: Written comments must be received no later than 5 p.m., eastern 
time, on August 5, 2009.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``0648-AX75'' by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal: http://www.regulations.gov.
     Fax: 727-824-5308; Attention: Karla Gore.
     Mail: Karla Gore, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.
    Instructions: 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.
    To submit comments through the Federal e-Rulemaking Portal: http://www.regulations.gov, enter ``NOAA-NMFS-2008-0089'' in the keyword 
search, then select ``Send a Comment or Submission.'' NMFS will accept 
anonymous comments (enter N/A in the required fields, 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 documents supporting this proposed rule, which includes 
an environmental assessment and an initial regulatory flexibility 
analysis (IRFA), may be obtained from Karla Gore, Southeast Regional 
Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

FOR FURTHER INFORMATION CONTACT: Karla Gore, telephone: 727-551-5753, 
fax: 727-824-5308, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery off the southern 
Atlantic states is managed under the Fishery Management Plan for the 
Snapper-Grouper Fishery of the South Atlantic Region (FMP). The FMP was 
prepared by the Council and is implemented under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on an 
continuing basis, the optimum yield for federally managed fish stocks. 
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 
protected marine ecosystems. To further this goal, the Magnuson-Stevens 
Act requires fishery managers to specify their strategy to rebuild 
overfished stocks to a sustainable level within a certain time frame, 
and to minimize bycatch and bycatch mortality to the extent 
practicable. Amendment 17, currently under development, will include 
management measures to end overfishing of red snapper and rebuild the 
red snapper stock. However because Amendment 17, if approved, would not 
likely be implemented until early 2010, this temporary rule contains 
management measures intended to address overfishing of red snapper on 
an interim basis.
    The Council was notified in July 2008 that red snapper are 
overfished and undergoing overfishing. The status of red snapper was 
determined by the Southeast Data Assessment and Review process in 2008. 
The Council's Scientific and Statistical Committee has determined 
overfished and overfishing determinations for South Atlantic red 
snapper are based on the best available scientific information.
    At the March 2009 Council meeting in Jekyll Island, Georgia, the 
Council voted (7-6) to proceed with an interim rule for red snapper. On 
March 23, 2009, the Council submitted a letter to NMFS requesting 
interim measures to prohibit harvest and possession of red snapper 
pursuant to Section 305(c) of the Magnuson-Stevens Act.

Management Measures Proposed by This Temporary Rule

Prohibition on Harvest, Possession, or Sale of Red Snapper

    The proposed temporary rule would establish a closure of the 
commercial and recreational fisheries for red snapper in the South 
Atlantic exclusive economic zone (EEZ)(180 days with the possibility of 
extending for another 186 days). During the closure, the harvest, 
possession, or sale of red snapper in or from the South Atlantic EEZ 
would be prohibited for both recreational and commercial fishermen. For 
a person who has been issued a valid commercial vessel permit or 
charter vessel/headboat permit for South Atlantic snapper-grouper, the 
provisions of the proposed temporary rule would apply regardless of 
where the red snapper are harvested (i.e. state or Federal waters).

Future Action

    NMFS believes that this proposed rule is necessary to reduce 
overfishing of red snapper in the South Atlantic. NMFS will consider 
all public comments received on this proposed rule in determining 
whether to proceed with a final rule and, if so, whether any revisions 
would be appropriate in the final rule. If NMFS issues a final rule, it 
would be effective for not more than 180 days, as authorized by section 
305(c) of the Magnuson-Stevens Act. The final rule could be extended 
for an additional 186 days, provided that the public has had an 
opportunity to comment on the rule and provided that the Council is 
actively preparing a plan amendment or proposed regulations to address 
this overfishing issue on a permanent basis. The Council is preparing 
an FMP amendment to address this issue on a permanent basis.

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 South Atlantic Snapper-

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Grouper Fishery Management Plan, 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 E.O. 12866.
    NMFS prepared an IRFA, as required by section 603 of the Regulatory 
Flexibility Act, for this proposed temporary rule. The IRFA describes 
the economic impact this proposed temporary rule, if adopted, would 
have on small entities. A description of the action, why it is being 
considered, and 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 purpose of this proposed temporary rule is to reduce red 
snapper overfishing while long-term management measures are developed 
and implemented. The Magnuson-Stevens Act provides the statutory basis 
for this proposed temporary rule.
    No duplicative, overlapping, or conflicting Federal rules have been 
identified.
    This proposed temporary rule would be expected to directly impact 
commercial fishing and for-hire operators. The Small Business 
Administration has established size criteria for all major industry 
sectors in the U.S. 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 a for-hire business, the other qualifiers 
apply and the annual receipts threshold is $7.0 million (NAICS code 
713990, recreational industries).
    From 2003-2007, an average of 220 vessels per year were permitted 
to operate in the commercial snapper-grouper fishery and recorded 
landings of red snapper, ranging from a high of 236 vessels in 2003 to 
a low of 206 vessels in 2006. Total dockside revenues from all species 
on all recorded trips by these vessels averaged $9.78 million (2007 
dollars) per year over this period, resulting in a per-vessel average 
of approximately $44,500. The highest average revenue per vessel during 
this period occurred in 2007 at approximately $54,600. Based on these 
average revenue figures, it is determined, for the purpose of this 
assessment, that all commercial vessels that would be affected by this 
proposed temporary rule are small entities.
    The harvest of red snapper in the EEZ by for-hire vessels requires 
a snapper-grouper charter vessel/headboat permit. From 2003-2007, an 
average of 1,635 vessels per year were permitted to operate in the 
snapper-grouper for-hire fishery, of which 82 vessels are estimated to 
have operated as headboats. The for-hire fleet is comprised of charter 
vessels, which charge a fee on a vessel basis, and headboats, which 
charge a fee on an individual angler (head) basis. The annual average 
gross revenue for charter vessels is estimated to range from 
approximately $80,000-$109,000 (2007 dollars) for Florida vessels, 
$94,000-$115,000 for North Carolina vessels, $88,000-$107,000 for 
Georgia vessels, and $41,000-$50,000 for South Carolina vessels. For 
headboats, the appropriate estimates are $220,000-$468,000 for Florida 
vessels, and $193,000-$410,000 for vessels in the other states. Based 
on these average revenue figures, it is determined, for the purpose of 
this assessment, that all for-hire businesses that would be affected by 
this action are small entities. The number of for-hire vessels that 
would be expected to be affected by this proposed interim rule is 
discussed below.
    Some fleet activity may exist in both the commercial and for-hire 
snapper-grouper sectors, but the extent of such is unknown, and all 
vessels are treated as independent entities in this assessment.
    This proposed temporary rule would not establish any new reporting, 
record-keeping, or other compliance requirements.
    This proposed temporary rule would be expected to result in a 
short-term reduction in net operating revenues (NOR), which are trip 
revenues minus non-labor trip costs, to the commercial snapper grouper 
sector by approximately $120,000 (2007 dollars). This reduction in NOR 
would be expected to increase to a cumulative total of $289,000 if the 
proposed prohibition is extended an additional 186 days, resulting in a 
prohibition for one full year. An average of 220 commercial vessels per 
year have recorded landings of red snapper. This proposed temporary 
rule would be expected to result in an average reduction in NOR of 
approximately $450 per vessel for the proposed 180-day prohibition, and 
approximately $1,300 per vessel if the prohibition is extended an 
additional 186 days. Although NOR are not directly comparable to dock-
side revenues, the average annual dock-side revenues from all species 
harvested for vessels with recorded red snapper harvests is estimated 
to be approximately $44,500.
    For the headboat sector, this proposed temporary rule would be 
expected to result in a short-term reduction in NOR by a maximum of 
approximately $1.76 million (2008 dollars). This reduction in NOR would 
be expected to increase to a cumulative maximum total of $3.96 million 
if the proposed prohibition is extended an additional 186 days. 
Although 82 vessels are estimated to operate in the snapper-grouper 
fishery, red snapper target activity is believed to be concentrated in 
Georgia and northeast Florida (Mayport, FL, south through Cape 
Canaveral, FL) where 16 headboats operate. Approximately 70 percent of 
all red snapper harvested (pounds) by the headboat sector from 2003-
2007 were harvested by anglers fishing from this area. The expected 
maximum reduction in NOR is based on the assumption that all angler 
trips on these 16 vessels during the respective period target red 
snapper and equals the change in NOR if all these trips were lost. This 
is considered a worst-case scenario. An unknown number of these trips 
would likely not target red snapper (many anglers fish to catch 
whatever species is available) and red snapper has historically 
comprised only 3 percent of the total number of fish harvested and 11 
percent of the total number of pounds of fish harvested by vessels in 
this area. As a result, it is unlikely that all or necessarily a large 
portion of these trips would be canceled. Available data, however, do 
not support the identification of more precise estimates of the number 
of red snapper target trips that would be expected to be cancelled, and 
the projected estimates of the expected change in NOR should be 
considered extreme upper bounds.
    Because of the uncertainty associated with the number of affected 
vessels and the number of trips that may be cancelled, the effective 
average reduction in NOR per headboat vessel is difficult to project. 
Under the worst-case scenario, the cancellation of all angler trips on 
Georgia and northeast Florida vessels (16) would result in a 100-
percent loss of NOR for these vessels during this period of time (180 
days), or approximately 44 percent of annual total NOR ($1.76 million/
$3.96 million). However, if the upper bound of effects ($1.76 million) 
is assumed to encompass trip cancellation on vessels outside this area, 
it is unknown how many additional vessels should be included in the 
analysis. The South Carolina headboat fleet, which contains 14 vessels, 
accounts for the next highest red snapper harvests after the Georgia

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and northeast Florida fleets. If the maximum expected reduction in NOR 
is spread over all 30 vessels in these areas, the expected reduction in 
NOR would be less than 100 percent of the total annual NOR, and the 
average expected reduction in NOR per vessel would be approximately 
$58,700. This would increase to a total of approximately $132,000 under 
an extension of the proposed prohibition for an additional 186 days. 
Although NOR are not directly comparable to gross revenues from for-
hire fees, the average annual gross revenues from for-hire fees is 
estimated to be approximately $220,000-$468,000 for Florida headboats 
and $193,000-$410,000 for headboats in the other states.
    For the charter sector, the proposed temporary rule would be 
expected to result in a short-term reduction in NOR of approximately 
$247,000 (2008 dollars) and increase to a cumulative total of 
approximately $427,000 if the proposed prohibition is extended an 
additional 186 days. It should be noted that, although target data are 
available for the charter sector, trip cancellation data are not 
available, and the analysis assumes, similar to the analysis of the 
headboat sector, that all charter vessel red snapper target effort will 
be cancelled. As in the headboat sector, the cancellation of all trips 
that would have targeted red snapper in the charter sector is unlikely 
to occur and, as a result, the estimates of the expected change in NOR 
in the charter sector likely overestimate the actual reduction that 
would occur.
    Vessel-level data are unavailable for the charter sector. As a 
result, it is not known how many vessels would be affected by the 
proposed temporary rule. An estimated 1,553 charter vessels are 
permitted to operate in the snapper-grouper fishery, which allows these 
vessels to harvest red snapper (1,635 total vessels with snapper-
grouper charter vessel/headboat permits, of which 82 are estimated to 
operate as headboats). If the proportion of charter vessels that would 
be expected to be affected by the proposed temporary rule is assumed to 
equal the proportion of headboats constituting the core red snapper 
vessels (16 vessels out of 82 headboats, or 19.5 percent), then 
approximately 303 charter vessels (19.5 percent of 1,553 vessels) would 
be expected to be affected. This would result in an average reduction 
in NOR of approximately $800 per vessel, which would increase to a 
total of approximately $1,400 under an extension of the proposed 
prohibition for an additional 186 days. The annual average gross 
revenue per charter vessel from charter fees is estimated to range from 
approximately $80,000-$109,000 (2007 dollars) for Florida vessels, 
$94,000-$115,000 for North Carolina vessels, $88,000-$107,000 for 
Georgia vessels, and $41,000-$50,000 for South Carolina vessels.
    Although all the effects described above are short-term in nature, 
due to the limited duration of the proposed temporary rule, continued 
long-term unquantified adverse economic effects could occur at the 
individual vessel and fishery level if the short-term effects result in 
business failure.
    Three alternatives, including the status quo, were considered for 
this proposed temporary rule. The proposed action would prohibit the 
harvest (retention) and sale of red snapper in the South Atlantic 
commercial and recreational fisheries for 180 days, with extension 
potential for another 186 days. The first alternative to the proposed 
action, the status quo, would not prohibit the harvest and sale of red 
snapper, would not reduce overfishing of red snapper while long-term 
management measures are developed and implemented, and would not 
achieve NMFS's objective.
    The second alternative to the proposed prohibition on the harvest 
and sale of red snapper would only establish a 4-month seasonal 
closure. A 4-month seasonal closure could not be extended and would not 
be expected to allow sufficient time for the development and 
implementation of long-term management measures to protect red snapper. 
As a result, this alternative would not achieve NMFS's objective.

List of Subjects in 50 CFR Part 622

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

    Dated: June 29, 2009.
James W. Balsiger,
Acting 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.  622.35, paragraph (l) is added to read as follows:


Sec.  622.35  Atlantic EEZ seasonal and/or area closures.

* * * * *
    (l) Closure of the commercial and recreational fisheries for red 
snapper. The commercial and recreational fisheries for red snapper in 
the South Atlantic EEZ are closed. During the closure, all fishing for 
red snapper is prohibited, and possession or sale of red snapper, 
harvested during the closure, in or from the South Atlantic EEZ is 
prohibited. For a person aboard a vessel for which a valid Federal 
commercial vessel permit or charter vessel/headboat permit for South 
Atlantic snapper-grouper has been issued, the provisions of this 
closure apply regardless of whether the red snapper were harvested or 
possessed in state or Federal waters.
[FR Doc. E9-15845 Filed 7-2-09; 8:45 am]
BILLING CODE 3510-22-S