[Federal Register Volume 76, Number 83 (Friday, April 29, 2011)]
[Rules and Regulations]
[Pages 23911-23913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10477]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 110207101-1257-02]
RIN 0648-BA54


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: Final rule.

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SUMMARY: NMFS issues this final rule to 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 final rule increases the commercial 
and recreational quotas for red snapper for the 2011 fishing year and 
closes the recreational red snapper component of the Gulf of Mexico 
(Gulf) reef fish fishery at 12:01 a.m., local time, July 19, 2011. This 
rule also makes minor revisions to codified text, including revisions 
to the definition of ``actual ex-vessel price,'' extending the 
maintenance window for the Gulf individual fishing quota (IFQ) 
programs, and removing obsolete codified text for Gulf grouper. The 
intended effect of this final rule is to help achieve optimum yield 
(OY) for Gulf red snapper without increasing the risk of the red 
snapper resource experiencing overfishing, allow for better functioning 
and enforcement of the Gulf IFQ programs, and to remove obsolete text 
from the regulations.

DATES: This rule is effective May 31, 2011.

ADDRESSES: Copies of the regulatory amendment, which includes an 
environmental assessment and a regulatory impact review, may be 
obtained from Dr. Steve Branstetter, NMFS, Southeast Regional Office, 
263 13th Ave South, Saint Petersburg, FL 33701; telephone 727-824-5308; 
e-mail [email protected].

FOR FURTHER INFORMATION CONTACT: Dr. Steve Branstetter, 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).
    On February 22, 2011, NMFS published a proposed rule for the 
regulatory amendment and requested public comment (76 FR 9735). The 
proposed rule and the regulatory amendment outline the rationale for 
the actions contained in this final rule. A summary of the actions 
implemented by this final rule are provided below.
    This final rule sets the Gulf red snapper commercial quota at 3.664 
million lb (1.662 million kg) and the recreational quota at 3.521 
million lb (1.544 million kg). NMFS has determined that the combined 
commercial and recreational quota from 2010 was not exceeded, 
therefore, NMFS may increase the commercial and recreational quotas for 
red snapper in 2011, consistent with the rebuilding plan.
    The regulatory text contained in this final rule reflects the 
commercial and recreational quotas for the 2011 fishing year only. This 
differs from the proposed rule because the proposed rule contained 
regulatory text for the 2010 fishing year and the 2011 fishing year, 
with a caveat that if the 2010 landings, as estimated by the Southeast 
Fisheries Science Center (SEFSC), NMFS, indicate the combined quota is 
exceeded, then the recreational quota would be maintained at the 2010 
quota. Because NMFS has determined that the combined quota from 2010 
was not exceeded, the 2010 quota and the caveat following the 2011 
quota have been removed from the regulatory text.
    The Magnuson-Stevens Act requires NMFS to close the recreational 
red snapper sector in Federal waters when the quota is met or projected 
to be met. Finalized 2010 recreational landings data indicate that the 
recreational red snapper quota is projected to be met on or by July 18, 
2011. Therefore, NMFS will close the recreational red snapper fishing 
season at 12:01 a.m., local time, July 19, 2011, which constitutes a 
48-day fishing season. NMFS will continue to monitor landings after the 
2011 fishing season opens June 1. If, as a result of the continuous 
monitoring, the quota is not projected to be met on or by July 18, 
2011, a re-opening of the recreational sector could occur later in the 
fishing season.
    The red snapper management measures contained in this final rule 
will 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. Because the 2010 recreational red snapper quota 
was not met, the Council has requested that the SEFSC re-run the 2009 
update assessment projections using final landings data for 2009 and 
2010. These projections will be provided to the Council's Scientific 
and Statistical Committee (SSC) for review at the SSC's May meeting, 
which could potentially change the allowable biological catch (ABC) 
recommendation. The Council will receive the SSC's recommendation for 
ABC at its June Council meeting. If the SSC recommends a higher ABC, 
red snapper TAC could be adjusted for the 2012 fishing year.

Additional Measures Contained in This Final Rule

    This final rule removes the definition of ``actual ex-vessel 
value'' and adds the definition of ``actual ex-vessel price,'' so that 
actual ex-vessel price represents the total monetary sale amount per 
pound of fish before any deductions are made for transferred (leased) 
allocation and goods and services (e.g., bait, ice, fuel, repairs, 
machinery replacement, etc.), extends the IFQ maintenance window an 
additional 8 hours to allow for more time to conduct end-of-year 
maintenance, and removes obsolete text regarding the sale and purchase 
of Gulf grouper from the old February 15-March 15 seasonal closure for 
commercial gag, red, and black grouper. These additional measures are 
unrelated to the actions contained in the regulatory amendment.

Comments and Responses

    The following is a summary of the comments NMFS received on the 
proposed rule and the regulatory amendment, and NMFS respective 
responses. During the comment period, NMFS received 88 comments on the 
proposed rule. The majority of the comments addressed issues beyond the 
scope of rule and therefore these

[[Page 23912]]

comments are not addressed below. Some noted that red snapper are more 
abundant than the stock assessments have determined and recommended the 
Council should consider increasing the recreational bag limit and the 
recreational season length. One commenter opposed the increase in the 
total allowable harvest of red snapper and is addressed below. Two 
comments were made regarding the revision of the ``actual ex-vessel 
price'' definition, including one in general opposition to changing the 
definition, and the other comment is addressed below.
    Comment 1: The red snapper total allowable catch should not be 
increased until the effects of the Deepwater Horizon MC252 Oil Spill 
are known for larval impacts.
    Response: To date, there have been no observed fish kills from the 
Deepwater Horizon MC252 Oil Spill in Federal waters. However, the oil 
spill may have impacted spawning success of red snapper and other 
species that spawn in the summer months, either by reduced spawning 
activity or by reduced survival of the eggs and larvae. If this is the 
case, impacts on harvestable size red snapper will begin to be seen in 
2 to 3 years when the 2010 year class becomes large enough to enter the 
fishery and be retained.
    Substantial portions of the red snapper population are found in the 
northwestern and western Gulf (western Louisiana and Texas) and an 
increasing population of red snapper is developing off the west Florida 
continental shelf, thus spawning by this segment of the stock should 
not have been impacted, which would mitigate the overall impact of a 
failed spawn by that portion of the stock located in oil-affected 
areas.
    Comment 2: The current method of reporting ex-vessel price paid to 
the fisherman who fishes leased allocation is correct. It is the price 
being paid to the fisherman.
    Response: NMFS does not agree that this is the true ex-vessel 
price. Actual ex-vessel price represents the total monetary sale amount 
per pound of fish before any deductions are made. The revision to the 
definition of ``actual ex-vessel price'' will allow NMFS to more 
accurately analyze the total value of the Gulf commercial red snapper 
and grouper and tilefish IFQ programs, and will more appropriately 
align the definition with the original intent of the IFQ programs.

Classification

    The Regional Administrator, Southeast Region, NMFS, determined that 
the regulatory amendment is necessary for the conservation and 
management of the red snapper component of the Gulf reef fish fishery 
and that it is consistent with the Magnuson-Stevens Act and other 
applicable laws.
    This final 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 during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 622

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

    Dated: April 26, 2011.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

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


0
2. In Sec.  622.2, the definition of ``actual ex-vessel value'' is 
removed and the definition of ``actual ex-vessel price'' is added in 
alphabetical order to read as follows:


Sec.  622.2  Definitions and acronyms.

* * * * *
    Actual ex-vessel price means the total monetary sale amount a 
fisherman receives per pound of fish for IFQ landings from a registered 
IFQ dealer before any deductions are made for transferred (leased) 
allocation and goods and services (e.g. bait, ice, fuel, repairs, 
machinery replacement, etc.).
* * * * *

0
3. In Sec.  622.16, paragraph (c)(5) is revised to read as follows:


Sec.  622.16  Gulf red snapper individual fishing quota (IFQ) program.

* * * * *
    (c) * * *
    (5) Restricted transactions during the 20-hour online maintenance 
window. All electronic IFQ transactions must be completed by December 
31 at 6 p.m. eastern time each year. Electronic IFQ functions will 
resume again on January 1 at 2 p.m. eastern time the following fishing 
year. The remaining 6 hours prior to the end of the fishing year, and 
the 14 hours at the beginning of the next fishing year, are necessary 
to provide NMFS time to reconcile IFQ accounts, adjust allocations for 
the upcoming year if the commercial quotas for Gulf red snapper have 
changed, and update shares and allocations for the upcoming fishing 
year. No electronic IFQ transactions will be available during these 20 
hours. An advance notice of landing may still be submitted during the 
20-hour maintenance window by using the vessel's VMS unit or calling 
IFQ Customer Service at 1-866-425-7627.
* * * * *

0
4. In Sec.  622.20, paragraph (c)(5) is revised to read as follows:


Sec.  622.20  Individual fishing quota (IFQ) program for Gulf groupers 
and tilefishes.

* * * * *
    (c) * * *
    (5) Restricted transactions during the 20-hour online maintenance 
window. All electronic IFQ transactions must be completed by December 
31 at 6 p.m. eastern time each year. Electronic IFQ functions will 
resume again on January 1 at 2 p.m. eastern time the following fishing 
year. The remaining 6 hours prior to the end of the fishing year, and 
the 14 hours at the beginning of the next fishing year, are necessary 
to provide NMFS time to reconcile IFQ accounts, adjust allocations for 
the upcoming year if the commercial quotas or catch allowances for Gulf 
groupers and tilefishes have changed, and update shares and allocations 
for the upcoming fishing year. No electronic IFQ transactions will be 
available during these 20 hours. An advance notice of landing may still 
be submitted during the 20-hour maintenance window by using the 
vessel's VMS unit or calling IFQ Customer Service at 1-866-425-7627.
* * * * *

0
5. 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--3.664 million lb (1.662 million kg), round weight.
* * * * *

[[Page 23913]]

    (2) * * *
    (i) Recreational quota for red snapper. The recreational quota for 
red snapper is 3.521 million lb (1.597 million kg), round weight.
* * * * *


Sec.  622.45  [Amended]

0
6. In Sec.  622.45, paragraph (c)(4) is removed.

[FR Doc. 2011-10477 Filed 4-28-11; 8:45 am]
BILLING CODE 3510-22-P