[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Rules and Regulations]
[Pages 31734-31737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13110]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120213124-1066-02]
RIN 0648-BB91


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 management measures 
described in 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 rule 
increases the commercial and recreational quotas for red snapper in the 
Gulf of Mexico (Gulf) reef fish fishery for the 2012 fishing year, and 
for the 2013 fishing year if NMFS determines the acceptable biological 
catch (ABC) is not exceeded in the 2012 fishing year; eliminates the 
October 1 closure date of the recreational fishing season; and 
announces the quota closure date of the 2012 recreational fishing 
season. This final rule is intended to provide more flexibility in 
managing recreational red snapper and to help achieve optimum yield 
(OY) for the Gulf red snapper resource without increasing the risk of 
red snapper experiencing overfishing.

[[Page 31735]]


DATES: This rule is effective June 29, 2012.

ADDRESSES: Electronic copies of the regulatory amendment, which 
includes an environmental assessment and a regulatory impact review, 
may be obtained from the Southeast Regional Office Web Site at http://sero.nmfs.noaa.gov/sf/GrouperSnapperandReefFish.htm.

FOR FURTHER INFORMATION CONTACT: Cynthia Meyer, Southeast Regional 
Office, NMFS, telephone 727-824-5305; email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery under the FMP. The Council prepared the FMP and NMFS 
implements the FMP through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act).
    On April 12, 2012, NMFS published a proposed rule for the 
regulatory amendment and requested public comment (77 FR 21955). 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 is provided below.
    Through this final rule, NMFS sets the 2012 commercial quota at 
4.121 million lb (1.869 million kg), round weight; the 2012 
recreational quota at 3.959 million lb (1.796 million kg), round 
weight; the 2013 commercial quota at 4.432 million lb (2.010 million 
kg), round weight; and the 2013 recreational quota at 4.258 million lb 
(1.931 million kg), round weight. The 2013 quota increases are 
contingent on the ABC not being exceeded in the 2012 fishing year. If 
NMFS determines the 2012 ABC is exceeded, NMFS will maintain the 2012 
commercial and recreational quotas in the 2013 fishing year. If this is 
the case, the Assistant Administrator will file a notification with the 
Office of the Federal Register to announce that commercial and 
recreational quotas will remain at 2012 levels in the 2013 fishing 
year.
    This final rule also changes the end of the recreational fishing 
season from October 1 to December 31. If a quota closure is implemented 
mid-season and subsequent data indicate the quota was not reached by 
the quota closure date, NMFS may reopen the season for a limited amount 
of time before the December 31 end date.
    Gulf recreational red snapper landings for 2011 totaled 4.59 
million lb (2.08 million kg), round weight, resulting in a 730,000 lb 
(331,122 kg), round weight, overage. The average weight of red snapper 
increased from 5.31 to 6.39 lb (2.41 to 2.90 kg), round weight, from 
2011 to 2012. In 2011, all Gulf states, except Texas, implemented 
compatible fishing seasons for red snapper. Taking into account all of 
these factors, the NMFS Southeast Regional Office conducted an analysis 
to predict when the recreational red snapper sector would reach the 
adjusted 2012 quota. This analysis may be found online at the following 
Web site: http://sero.nmfs.noaa.gov/sf/pdfs/SERO-LAPP-2012-01%20Gulf%20Red%20Snapper%20Quota%20Closure%2012April2012%20FINAL.pdf. 
The analysis uses three different modeling approaches to predict the 
2012 closure date. Across all three modeling approaches, the predicted 
season length ranges from 32 to 41 days. In order to maximize socio-
economic benefits to recreational red snapper fishermen, NMFS has 
determined that the 2012 recreational red snapper quota will be reached 
in 40 days.
    Under 50 CFR 622.34(m), the red snapper recreational fishing season 
opens each year on June 1 and closes when the recreational quota is 
projected to be reached. Using finalized 2011 recreational landings 
data, the increased size of red snapper being landed, and state 
compatibility with red snapper seasons, NMFS projects the 2012 
recreational quota will be met on July 10, 2012. Therefore, the 
recreational fishing season will open on June 1, 2012, and close at 
12:01 a.m., July 11, 2012, for a 40-day season. If subsequent data 
indicate the quota has not been reached by July 10, 2012, NMFS may 
reopen the season, before the December 31 end date, by announcing a 
reopening in the Federal Register.
    This final rule also revises the definition for ``shrimp'' in the 
codified text, a change unrelated to the actions in the regulatory 
amendment.

Comments and Responses

    The following is a summary of the comments NMFS received on the 
proposed rule and NMFS' respective responses. During the comment 
period, NMFS received 56 comments, including 52 from private citizens, 
3 from recreational fishing organizations, and 1 from an environmental 
group. Comments pertinent to the rule unanimously supported increasing 
the red snapper quota and removing the fixed closed season to allow for 
a potential fall season. These comments are not individually addressed 
in NMFS' responses; NMFS agrees the quota increases and removal of the 
fixed fall closed season are appropriate actions taken in accordance 
with the red snapper rebuilding plan.
    Many of these same commenters provided additional observations and 
suggestions that are addressed here. In general, commenters questioned 
the science on which red snapper management is based; suggested 
harvesting restrictions be relaxed; and alternative management 
strategies be developed for recreational red snapper fishing in the 
Gulf.
    Comment 1: Several commenters offered suggestions for alternative 
actions to manage recreational red snapper harvest. They suggested that 
bag limits should be increased; the size limit should be decreased 
because of possible increases in discards from increased stock 
abundance; recreational fishermen should keep the first fish; the 
recreational and commercial quotas should be increased because the 
stock size is bigger than assessed; and the season length should be 
extended for the same reason. A possible option to extend the length of 
the red snapper recreational season would be to open on weekends only 
or have a separate fall weekend season.
    Response: The Council has considered all of the suggested options 
while developing actions to manage Gulf recreational red snapper 
harvest under the current rebuilding plan. However, for the reasons 
provided below, the Council has not chosen these alternative options to 
manage harvest of recreational red snapper.
    Increasing the bag limit or reducing the size limit would allow the 
quota to be harvested in a shorter time period. The Council received 
substantial public testimony requesting that the recreational fishing 
season remain open as long as possible. Therefore, the Council chose to 
keep the bag limit at 2 fish and the size limit at 16 inches (40.6 cm), 
total length, to allow for a longer season. The Council reduced the 
size limit for the commercial sector because that component of the reef 
fish fishery tends to fish in deeper water and has a higher discard 
mortality rate. NMFS presented analyses to the Council indicating 
similar reductions in discard mortality are not achieved by reducing 
the size limit for the recreational sector, which fishes in shallower 
depths. The Council addressed reducing discard mortality in other 
actions such as the requirement for dehookers, circle hooks, and 
venting tools. The Council determined a requirement to keep the first 
fish presents significant enforcement difficulties.
    As of January 10, 2012, the preliminary estimate of the 2011 
recreational harvest is 4.59 million lb

[[Page 31736]]

(2.08 million kg). However, the 48-day 2011 harvest exceeded the 3.959 
million lb (1.796 million kg) 2012 quota established by this rule; 
therefore, the length of the 2012 season must be reduced to better 
ensure the recreational quota is not exceeded. The preamble to this 
rule includes a link to the analysis of how the season length was 
projected.
    The Council recently developed an options paper to consider 
alternative seasons for the recreational red snapper season and the 
possibility of a fall weekend season. However, due to the lack of 
public support and comment at its January 2012 meeting the Council 
voted to table this regulatory amendment and discuss these actions in 
the future.
    Comment 2: The assessment methods for the red snapper stock would 
be improved by better data collection, accounting for the reductions in 
shrimp effort and the higher fecundity of larger fish, and using 
various advanced survey technologies. Thus, the science upon which the 
recreational season length estimate is based is unreliable and should 
not be used to set season length or estimate recreational harvest 
relative to the quota.
    Response: NMFS has determined that the scientific information 
underlying the management measures in the rule is sufficient and 
reliable. The methods and data used to project the recreational season 
length are thoroughly reviewed by the Southeast Fisheries Science 
Center (SEFSC) to ensure best scientific practices are followed, and 
that the measures are based upon the best scientific information 
available. NMFS uses historical landings and changes in regulations to 
project the length of the season. Landings information was obtained 
from the Marine Recreational Information Program, including the for-
hire charter survey; SEFSC headboat survey; and Texas Parks and 
Wildlife Department charter and private/rental creel survey.
    In addition, the stock assessment used to estimate the 2012 red 
snapper season length is based on the Southeast Data, Assessment, and 
Review (SEDAR) process. The SEDAR process was initiated in 2002 to 
improve the quality and reliability of fishery stock assessments in the 
South Atlantic, Gulf of Mexico, and U.S. Caribbean. The SEDAR process 
seeks improvements in the scientific quality of stock assessments, 
including attempts to place greater relevance on historical and current 
information to address existing and emerging fishery management issues. 
This process emphasizes constituent and stakeholder participation in 
assessment development, transparency in the assessment process, and a 
rigorous and independent scientific review of completed stock 
assessments. The SEDAR process is organized around three workshops. The 
data workshop documents, analyzes, and reviews data sets to be used for 
assessment analyses. The assessment workshop develops and refines 
quantitative population analyses and estimates population parameters. 
The final workshop is conducted by a panel of independent experts who 
review the data and the assessment and recommends the most appropriate 
values for critical population parameters and management 
considerations. Recent assessments of the red snapper stock were 
conducted within this process. All workshops and Council-initiated 
meetings to review the assessment were open to the public and included 
constituents on the various SEDAR panels that reviewed the data and 
provided recommendations on management measures.
    NMFS agrees there are opportunities to improve the stock assessment 
process, and is making efforts to make such improvements in both data 
collection and data analysis options.
    Comment 3: Although the recreational quota is being increased, a 
reduced season will cause economic harm to fishing communities 
dependent on recreational fishing and associated tourism.
    Response: NMFS recognizes the 2012 season will be shorter than the 
2011 season. In 2011, the recreational sector exceeded the red snapper 
quota by approximately 730,000 lb (331,122 kg). Section 407(d) of the 
Magnuson-Stevens Act mandates NMFS to close the recreational red 
snapper component of the Gulf reef fish fishery when the red snapper 
quota is met or projected to be met. Although the 2012 season will be 
shorter than the 2011 season and fishing businesses may not be as 
profitable, the 2012 season will be longer than the season that would 
have occurred in the absence of the quota increase, and economic 
benefits to fishing communities will increase relative to conditions 
that would occur in 2012 in the absence of the quota increase.
    Comment 4: Several commenters addressed issues the Council is 
considering for future action. They suggested the development of a 
different system for managing red snapper, such as spatial management, 
state management, and a better system to determine quota management. 
The allocation between commercial and recreational sectors should be 
changed to favor the recreational sector. There should be consideration 
of a recreational red snapper overage adjustment amendment. The ACLs 
and AMs for 2013 should be re-assessed and included in a separate 
amendment to the FMP.
    Response: These comments are beyond the scope of the rule; however, 
the Council is developing such actions for future consideration.

Classification

    The Regional Administrator, Southeast Region, NMFS determined that 
this final rule and the regulatory amendment are necessary for the 
conservation and management of the Gulf reef fish fishery and are 
consistent with the Magnuson-Stevens Act and other applicable law.
    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 this determination was published in the 
proposed rule and is not repeated here. No comments were received 
regarding the 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: May 24, 2012.
Samuel D. Rauch III,
Acting Assistant Administrator for Fisheries, 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 for ``shrimp'' is revised to read as 
follows:


Sec.  622.2  Definitions and acronyms.

* * * * *
    Shrimp means one or more of the following species, or a part 
thereof:
    (1) Brown shrimp, Farfantepenaeus aztecus.
    (2) White shrimp, Litopenaeus setiferus.
    (3) Pink shrimp, Farfantepenaeus duorarum.

[[Page 31737]]

    (4) Royal red shrimp, Hymenopenaeus robustus.
    (5) Rock shrimp, Sicyonia brevirostris.
* * * * *

0
3. In Sec.  622.34, paragraph (m) is revised to read as follows:


Sec.  622.34  Gulf EEZ seasonal and/or area closures.

* * * * *
    (m) Seasonal closure of the recreational sector for red snapper. 
The recreational sector for red snapper in or from the Gulf EEZ is 
closed from January 1 through May 31, each year. During the closure, 
the bag and possession limit for red snapper in or from the Gulf EEZ is 
zero.
* * * * *

0
4. 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. (A) For fishing year 2012--4.121 million lb (1.869 
million kg), round weight.
    (B) For fishing year 2013--4.432 million lb (2.010 million kg), 
round weight.
* * * * *
    (2) * * *
    (i) Recreational quota for red snapper. (A) For fishing year 2012, 
the recreational quota for red snapper is 3.959 million lb (1.796 
million kg), round weight.
    (B) For fishing year 2013, the recreational quota for red snapper 
is 4.258 million lb (1.931 million kg), round weight.
* * * * *
[FR Doc. 2012-13110 Filed 5-29-12; 8:45 am]
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