[Federal Register Volume 76, Number 34 (Friday, February 18, 2011)]
[Proposed Rules]
[Pages 9530-9533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3733]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101124579-1088-01]
RIN 0648-BA51


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery Off the Southern Atlantic States; 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 (Regulatory Amendment 10) to the Fishery 
Management Plan for the Snapper-Grouper Fishery of the South Atlantic 
Region (FMP), as prepared by the South Atlantic Fishery Management 
Council (Council). This proposed rule would remove the snapper-grouper 
area closure implemented through Amendment 17A to the FMP. The intended 
effect of this proposed rule is to help achieve optimum yield (OY) for 
the fishery and minimize socio-economic impacts to snapper-grouper 
fishermen, without increasing the risk of the red snapper resource 
experiencing overfishing.

DATES: Written comments must be received on or before March 21, 2011.

ADDRESSES: You may submit comments on the proposed rule identified by 
0648-BA51 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: Rick DeVictor, 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-2010-0249'' in the keyword 
search, then check the box labeled ``Select to find documents accepting 
comments or submissions'', then select ``Send a comment or 
submission''. 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.
    Comments received through means not specified in this rule will not 
be considered.
    Copies of the regulatory amendment, which includes an environmental 
assessment and a regulatory impact review, may be obtained from the 
South Atlantic Fishery Management Council, 4055 Faber Place Drive, 
Suite 201, North Charleston, SC 29405; telephone 843-571-4366; fax 843-
769-4520; e-mail [email protected]; or may be downloaded from the 
Council's Web site at http://www.safmc.net/.

FOR FURTHER INFORMATION CONTACT: Rick DeVictor, 727-824-5305.

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic 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

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the OY from 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 protecting marine 
ecosystems. To further this goal, the Magnuson-Stevens Act requires 
fishery managers to end overfishing of stocks while achieving OY from 
the fishery, and to minimize bycatch and bycatch mortality to the 
extent practicable.
    In the South Atlantic, the red snapper stock is currently 
overfished and undergoing overfishing. The stock status was determined 
through a Southeast Data Assessment and Review (SEDAR) benchmark stock 
assessment for red snapper, SEDAR 15, which was completed in February 
2008. Based on this stock assessment, Amendment 17A to the FMP was 
developed to end the overfishing of red snapper and rebuild the stock. 
The final rule to implement

[[Page 9531]]

Amendment 17A was published in the Federal Register on December 9, 2010 
(75 FR 76874). The management measures implemented through the final 
rule included a prohibition on the harvest and possession of red 
snapper in or from the South Atlantic exclusive economic zone (EEZ) 
(and in State or Federal waters for a vessel with a Federal commercial 
or charter vessel/headboat permit for South Atlantic snapper-grouper), 
a requirement for the use of non-stainless steel circle hooks when 
fishing for snapper-grouper species with hook-and-line gear north of 
28[deg] N. latitude in the South Atlantic EEZ, and an area closure for 
South Atlantic snapper-grouper. The snapper-grouper area closure 
includes 4,827 square miles (7,768 square km) off the coasts of 
southern Georgia and northeast Florida where the harvest and possession 
of snapper-grouper species would be prohibited, except when fishing 
with black sea bass pot gear or spearfishing gear for species other 
than red snapper.
    Through the SEDAR 24 benchmark stock assessment, updated 
information on the status of the red snapper stock became available in 
late October 2010. The SEDAR 24 assessment incorporated the high 
landings from recent years, as well as new information regarding the 
selectivity of older and larger red snapper to hook-and-line gear, 
post-release mortality data, and methodologies for estimating historic 
landings of red snapper. The Council's Scientific and Statistical 
Committee (SSC) reviewed the new assessment in November 2010 and 
endorsed model runs in the assessment that suggest the snapper-grouper 
area closure could be modified without compromising the objective of 
ending red snapper overfishing. Modifying the area closure would also 
minimize negative socio-economic effects on snapper-grouper fishing 
communities. The SEDAR 24 assessment has determined, similar to SEDAR 
15, that the red snapper stock is overfished and undergoing 
overfishing, however, the rate of overfishing found in SEDAR 24 is less 
than the rate of overfishing found in the previous stock assessment 
(SEDAR 15).
    Given the information in the new stock assessment, an emergency 
rule to delay the effective date of the snapper-grouper area closure 
was published on December 9, 2010 (75 FR 76890). The emergency rule 
delayed the effective date of the area closure from January 3, 2011, 
until June 1, 2011, with a possible 186-day extension, unless 
superseded by subsequent rulemaking. A correction to the emergency rule 
was published on December 20, 2010, to correct a previous error (75 FR 
79309). The delayed effective date provided the Council time to respond 
to the new scientific information from the SEDAR 24 benchmark stock 
assessment. The Council voted to approve Regulatory Amendment 10 to 
modify the area closure implemented through Amendment 17A to the FMP, 
based upon the new stock assessment information.
    Regulatory Amendment 10 evaluates alternatives to the snapper-
grouper area closure approved in Amendment 17A to the FMP. These 
alternatives include decreases in the size of the area closure, 
decreases in the duration of the area closure, and the removal of the 
area closure entirely.
    At its December 2010 meeting, the Council voted to remove the 
snapper-grouper area closure entirely as their preferred alternative in 
Regulatory Amendment 10.
    Regulatory Amendment 10 presents information from SEDAR 24 that 
suggests the red snapper fishing moratorium in the South Atlantic has 
been more effective in reducing the mortality of red snapper than 
previously determined from the results of SEDAR 15. The analysis 
contained in the regulatory amendment also evaluates fishing effort 
reduction, in addition to the reduction in red snapper removals in 2010 
as reported through the Marine Recreational Fishing Statistics Survey 
(MRFSS). Evidence provided by MRFSS suggests effort has been reduced by 
33 percent and total red snapper removals in pounds have been reduced 
by 81 percent when 2010 data are compared to the 2007-2009 baseline 
data. The required reduction in removals of red snapper to end 
overfishing has been determined to be 70 to 75 percent.
    When recent reductions in fishing effort are considered, the red 
snapper moratorium, implemented through Amendment 17A to the FMP, is 
projected to end red snapper overfishing and rebuild the stock without 
the additional implementation of the snapper-grouper area closure. 
Therefore, the proposed action in Regulatory Amendment 10 to remove the 
snapper-grouper area closure approved in Amendment 17A to the FMP seeks 
to prevent significant direct economic loss to snapper-grouper 
fishermen and achieve OY for the fishery, without subjecting the red 
snapper resource to overfishing.

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.
    NMFS prepared an initial regulatory flexibility analysis (IRFA), as 
required by section 603 of the Regulatory Flexibility Act, for this 
proposed rule. The IRFA describes the economic impact that this 
proposed 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 the Council (see 
ADDRESSES). A summary of the IRFA follows.
    The rule proposes to remove the snapper-grouper area closure 
provision implemented through Amendment 17A to the FMP. This provision 
is a year-round closure, i.e., prohibition of harvest, retention, and 
possession of any species in the snapper-grouper fishery management 
unit, except for snapper-grouper harvested with spearfishing gear or 
allowed to be harvested with a sea bass pot, within an area 
corresponding to commercial logbook grids (cells) 2880, 2980, and 3080 
for depths from 98 ft (30 m) to 240 ft (73 m).
    The Magnuson-Stevens Act provides the statutory basis for the 
proposed rule.
    No duplicative, overlapping, or conflicting Federal rules have been 
identified.
    The proposed rule would not establish any new reporting, record-
keeping, or other compliance requirements.
    This proposed rule is expected to directly affect commercial 
harvesting and for-hire fishing operations. The Small Business 
Administration has established size criteria for all major industry 
sectors in the U.S. including fish harvesters and for-hire operations. 
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 annual receipts 
threshold is $7.0 million (NAICS code 713990, recreational industries).

[[Page 9532]]

    From 2007-2009, an average of 895 vessels-per-year had valid 
permits to operate in the commercial snapper-grouper fishery. Of these 
vessels, 751 held transferable permits and 144 held non-transferable 
permits. On average, 797 vessels landed snapper-grouper species, 
generating dockside revenues of approximately $14.514 million (2008 
dollars). Each vessel, therefore, generated an average of approximately 
$18,000 annually in gross revenues from snapper-grouper. Gross dockside 
revenues by State are distributed as follows: $4.054 million in North 
Carolina, $2.563 million in South Carolina, $1.738 million in Georgia/
Northeast Florida, $3.461 million in central and southeast Florida, and 
$2.695 million in the Florida Keys. Vessels that operate in the 
snapper-grouper fishery may also operate in other fisheries, the 
revenues of which cannot be determined with available data and are not 
reflected in these totals.
    Based on revenue information, all commercial vessels affected by 
the proposed rule can be considered small entities.
    From 2007-2009, an average of 1,797 vessels had valid permits to 
operate in the snapper-grouper for-hire fishery, of which 82 are 
estimated to have operated as headboats. 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. The 
charterboat annual average gross revenue is estimated to range from 
approximately $62,000-$84,000 for Florida vessels, $73,000-$89,000 for 
North Carolina vessels, $68,000-$83,000 for Georgia vessels, and 
$32,000-$39,000 for South Carolina vessels. For headboats, the 
corresponding estimates are $170,000-$362,000 for Florida vessels, and 
$149,000-$317,000 for vessels in the other States.
    Based on these average revenue figures, all for-hire operations 
that would be affected by the proposed rule can be considered small 
entities.
    Some fleet activity, i.e., multiple vessels owned by a single 
entity, may exist in both the commercial and for-hire snapper-grouper 
sectors but its extent is unknown, and all vessels are treated as 
independent entities in this analysis.
    The proposed rule is expected to directly affect all Federally 
permitted commercial vessels that operate in the South Atlantic 
snapper-grouper fishery as well as for-hire vessels operating out of 
northeast Florida and Georgia. All directly affected entities have been 
determined, for the purpose of this analysis, to be small entities. 
Therefore, it is determined that the proposed action will affect a 
substantial number of small entities.
    Because all entities that are expected to be affected by the 
proposed rule are considered small entities, the issue of 
disproportional effects on small versus large entities does not arise 
in the present case.
    The economic analysis done for the proposed rule estimated the 
changes in net operating revenues to commercial and for-hire vessels. 
These changes were estimated assuming the closure provision, within 
Amendment 17A to the FMP, commenced on January 3, 2011, although its 
implementation has been delayed via emergency rule until June 1, 2011, 
unless superseded by subsequent rulemaking. For the current analysis, 
net operating revenue was equated to profit.
    The proposed action to eliminate the area closure that was adopted 
in Amendment 17A to the FMP is estimated to have a non-uniform change 
in the short-term profits of commercial vessels operating in the South 
Atlantic snapper-grouper fishery. Annual profits would increase 
approximately by $358,000 for vessels in northeast Florida and Georgia 
and by $103,000 for vessels in southeast Florida. On the other hand, 
annual profits would decrease approximately by $241,000 for vessels in 
North Carolina, by $129,000 in South Carolina, and by $2,000 for 
vessels in the Florida Keys. The net effect of the proposed action on 
commercial vessels as a whole would be an average increase in annual 
profits of approximately $88,000. Vessels fishing with vertical-line 
gear are the ones most affected by the proposed action.
    The differential effects of the proposed action on commercial 
vessels in various geographic areas in the South Atlantic are mainly 
determined by the manner in which quotas for certain snapper-grouper 
species, such as gag, red grouper, black grouper, and vermilion 
snapper, would be met. Although the proposed action would not close 
very specific areas off the coasts of Georgia and northeast Florida, 
commercial vessels operating in other areas would also be affected via 
the possible quota closures of some snapper-grouper species. Opening 
the areas closed under Amendment 17A would allow commercial vessels 
from southeast Florida, northeast Florida, and Georgia to harvest more 
snapper-grouper species than they may have under the closure, such as 
vermilion snapper, gag, and red grouper, and this would tend to 
increase their profits. Such a harvest increase, however, may lead to 
reaching certain snapper-grouper quotas sooner, which could result in 
lower harvest by vessels in North Carolina, South Carolina, and the 
Florida Keys. These vessels would then experience reductions in their 
profits. The more restrictive quotas are those for vermilion snapper 
and gag. The quota for gag is especially critical, because it also 
serves as a trigger mechanism for closing the harvest of all shallow-
water groupers.
    For-hire vessels operating in northeast Florida and Georgia are 
expected to be the only for-hire vessels affected by the proposed 
action. This is based on the extent of for-hire vessel fishing 
activities in the subject three statistical areas set for closure under 
Amendment 17A to the FMP. As a result of the proposed action in this 
regulatory amendment, annual profits are expected to increase by 
$300,000 for charterboats and $1,000,000 for headboats.
    Eleven alternatives, including the proposed action, were considered 
for the area closure. The first alternative to the proposed action is 
the no action alternative. Among the alternatives, this would result in 
the largest negative economic effects on small entities. The second 
alternative to the proposed action is a May-October closure of cells 
2880 and 2980 in depths from 98 ft (30 m) to 240 ft (73 m). This 
alternative would result in lower profit increases for both the 
commercial and for-hire vessels than the proposed action. The third 
alternative to the proposed action is a May-August closure of cells 
2880, 2980, and 3080 in depths from 98 ft (30 m) to 240 ft (73 m). This 
alternative would result in a lower profit increase to the for-hire 
vessels and a slightly higher profit increase to commercial vessels 
than the proposed action. The overall net effect of this alternative 
would be a lower profit increase than that under the proposed action.
    The fourth alternative to the proposed action is a July-December 
closure of cells 2880, 2980, and 3080 in depths from 98 ft (30 m) to 
240 ft (73 m). This alternative would result in lower profit increases 
to the for-hire and commercial vessels than the proposed action. The 
fifth alternative to the proposed action is a May-December closure of 
cells 2880, 2980, and 3080 in depths from 98 ft (30 m) to 240 ft (73 
m). This alternative would result in lower profit increases to the for-
hire and commercial vessels than the proposed action. The sixth 
alternative to the proposed action is a May-December closure of cells 
2880, 2980, and 3080 in depths from 66 ft (20 m) to 240 ft (73 m) for 
the first year and a May-October closure of cells 2880 and 2980 in 
depths from 98 ft (30 m) to 240 ft (73 m) for the second

[[Page 9533]]

and consecutive years. This alternative would result in lower profit 
increases to the for-hire and commercial vessels than the proposed 
action.
    The seventh alternative to the proposed action is a May-October 
closure of cells 2880 and 2980 in depths from 98 ft (30 m) to 240 ft 
(73 m) for the first year and a June-July closure of cell 2980 in 
depths from 98 ft (30 m) to 240 ft (73 m) for the second and 
consecutive years. This alternative would result in lower profit 
increases to the for-hire and commercial vessels than the proposed 
action. The eighth alternative to the proposed action is a May-October 
closure of cells 2880 and 2980 in depths from 98 ft (30 m) to 240 ft 
(73 m) for the first year and a July closure of cells 2880 and 2980 in 
depths from 98 ft (30 m) to 240 ft (73 m) for the second and 
consecutive years. This alternative would result in lower profit 
increases to the for-hire and commercial vessels than the proposed 
action. The ninth alternative to the proposed action is a July-December 
closure of cells 2880, 2980, and 3080 in depths from 98 ft (30 m) to 
240 ft (73 m) for the first year and a January-April closure of cells 
2880 and 2980 in depths from 98 ft (30 m) to 240 ft (73 m) for the 
second and consecutive years. This alternative would result in lower 
profit increases to the for-hire and commercial vessels than the 
proposed action.
    The tenth alternative to the proposed action is a May-December 
closure of cells 2880, 2980, and 3080 in depths from 98 ft (30 m) to 
240 ft (73 m) for the first year and a January-April closure of cells 
2880 and 2980 in depths from 98 ft (30 m) to 240 ft (73 m) for the 
second and consecutive years. This alternative would result in lower 
profit increases to the for-hire and commercial vessels than the 
proposed action.

List of Subjects in 50 CFR Part 622

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

    Dated: February 14, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, 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.


Sec.  622.35  [Amended]

    2. In Sec.  622.35, the suspension on paragraph (l) is lifted and 
paragraph (l) is removed and reserved.

[FR Doc. 2011-3733 Filed 2-17-11; 8:45 am]
BILLING CODE 3510-22-P