[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Proposed Rules]
[Pages 34310-34312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13565]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130402313-3499-01]
RIN 0648-BD15


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands; 
Regulatory Amendment 2

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 proposes regulations to implement Regulatory Amendment 2 
to the Fishery Management Plan (FMP) for the Queen Conch Resources of 
Puerto Rico and the U.S. Virgin Islands (USVI) (Regulatory Amendment 
2), as prepared by the Caribbean Fishery Management Council (Council). 
If implemented, this rule would revise the commercial trip limit for 
queen conch in the Caribbean exclusive economic zone (EEZ) to be 
compatible with the trip limit in USVI territorial waters. The purpose 
of this proposed rule is to improve the compatibility of Federal and 
USVI territorial regulations for queen conch in order to facilitate 
enforcement efforts while ensuring the long-term health of the queen 
conch resource.

DATES: Written comments must be received on or before July 8, 2013.

ADDRESSES: You may submit comments on this document, identified by 
``NOAA-NMFS-2013-0068,'' by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0068, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Maria del Mar Lopez, 
Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, 
FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Electronic copies of Regulatory Amendment 2, which includes an 
environmental assessment, an initial regulatory flexibility analysis 
(IRFA) and a regulatory impact review, may be obtained from the 
Southeast Regional Office Web site at: http://sero.nmfs.noaa.gov/index.html.

FOR FURTHER INFORMATION CONTACT: Maria del Mar Lopez, Southeast 
Regional Office, NMFS, telephone: 727-824-5305, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The Caribbean queen conch fishery 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

[[Page 34311]]

Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).

Background

    The queen conch is currently classified as an overfished species, 
and it is managed under a 15-year rebuilding plan. Harvest and 
possession of queen conch in the U.S. Caribbean EEZ is limited to the 
area east of 64[deg]34' W. longitude which includes Lang Bank to the 
east of St. Croix, USVI, and only from November 1 through May 31 each 
year. The USVI has expressed interest in having Federal regulations 
modified to make them compatible with the territorial regulations to 
facilitate enforcement efforts, enhance compliance by fishers, and 
allow for more efficient management of the queen conch resource in the 
U.S. Caribbean.
    Regulatory Amendment 1 to the FMP, implemented in 2011 (76 FR 
23907, April 29, 2011), established a compatible seasonal closure with 
the USVI (from June 1 through October 31, each year), and a compatible 
queen conch harvest quota closure for Federal waters. The quota or 
annual catch limit (ACL) consists of an annual harvest of 50,000 lb 
(22,680 kg) for combined Federal and St. Croix waters. When that ACL is 
reached and the USVI closes territorial waters off St. Croix to the 
harvest and possession of queen conch, NMFS will concurrently close the 
Caribbean EEZ in the area east of 64[deg]34' W. longitude. The EEZ 
closure will remain in effect until the next fishing season for 
territorial and Federal waters opens on November 1.
    Current commercial trip limits and recreational bag limits for the 
harvest of queen conch in Federal waters are not compatible with USVI 
regulations. The current trip limit in Federal waters allows a licensed 
commercial fisherman to harvest up to 150 queen conch per day, but does 
not establish a harvest limit per vessel. USVI regulations allow the 
harvest of 200 queen conch per vessel per day regardless of the number 
of licensed fishermen on board. The daily recreational bag limit in 
Federal waters allows 3 queen conch per person and a maximum of 12 
queen conch per vessel. In contrast, the USVI daily recreational bag 
limit consists of 6 queen conch per person and a maximum of 24 per 
vessel.
    At its March 2013 meeting, the Council voted to establish a daily 
commercial trip limit of 200 queen conch per vessel and to leave the 
recreational bag limit unchanged. As the Federal recreational bag limit 
is less than the territorial limit, increasing the recreational bag 
limit would only slightly facilitate law enforcement efforts, but may 
negatively impact the continued health of the queen conch resource.

Provisions Contained in This Proposed Rule

    If implemented, this rule would revise the commercial trip limit to 
200 queen conch per vessel per day instead of the current 150 queen 
conch per licensed commercial fisher per day.

Other Changes Contained in This Proposed Rule

    This rule would also change the language in the codified text 
specifying the queen conch fishing season. This revision is intended to 
correct a mistake that occurred in prior rule-making (Regulatory 
Amendment 1), in which the sentence was restructured and a distinction 
was inadvertently removed. This rule would revise the codified text to 
its previous form. Fishing for queen conch is only allowed from 
November 1 through May 31, and only in the area east of 64[deg]34' W. 
longitude which includes Lang Bank east of St. Croix, USVI. In the rest 
of the Caribbean EEZ, there is a prohibition on the harvest and 
possession of queen conch. Changing the text to its previous form 
reflects the original and current intent of the Council.

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, the FMP, 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 IRFA, as required by section 603 of the Regulatory 
Flexibility Act, for this proposed rule. The IRFA describes the 
economic impact this 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 in 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 rule is to revise the commercial trip 
limit for queen conch in the Caribbean EEZ. This rule would also 
implement an administrative change to the regulations regarding the 
queen conch season. The Magnuson-Stevens Act provides the statutory 
basis for this proposed rule. No duplicative, overlapping, or 
conflicting Federal rules have been identified. This proposed rule 
would not establish any changes to current reporting, record-keeping, 
or other compliance requirements.
    This rule, if adopted, would be expected to directly affect 
commercial fishermen in St. Croix, U.S. Virgin Islands, who harvest 
queen conch. Queen conch harvest in the EEZ in the U.S. Caribbean is 
restricted to the Lang Bank area off St. Croix and all queen conch 
harvest from this area is believed to be landed in St. Croix because of 
the prohibitive travel distances that would be required to land in 
other locations. As a result, the assessment of the number of 
commercial entities expected to be affected by this rule is based on 
St. Croix commercial trip ticket data.
    The USVI fishing year for all species is July 1 through June 30. 
Over the 2009/2010 through 2011/2012 fishing years, an average of 40 
fishermen (range of 30-48) per fishing year recorded landings of queen 
conch in St. Croix. The average total revenue per fishing year from the 
harvest of all marine species (queen conch and all other species) by 
these fishermen was approximately $2.6 million (nominal or un-inflated 
dollars), or approximately $64,000 per fisherman ($2.6 million/40). 
These estimates include all fishermen with recorded queen conch 
landings in St. Croix, regardless of where the queen conch were 
harvested (EEZ or territorial waters). Precise comparable estimates for 
fishermen who harvested queen conch in the EEZ are not available 
because the area of harvest was not provided on all trip tickets (area 
fished was not reported on trip tickets that accounted for 
approximately 11 percent of the average queen conch harvest per fishing 
year). However, an average of 17 fishermen (range of 9-23) per fishing 
year reported queen conch harvests from the EEZ. The average total 
revenue from the harvest of all marine species by these fishermen 
during this period was approximately $1.0 million (nominal or un-
inflated dollars), or approximately $60,000 per fishermen ($1.0 
million/17).
    The Small Business Administration (SBA) has established size 
criteria for all major industry sectors in the U.S. including fish 
harvesters. 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. 
Both average revenue estimates, approximately $64,000 for all fishermen 
with commercial queen conch landings

[[Page 34312]]

and approximately $60,000 for fishermen who reported harvesting queen 
conch from the EEZ, are significantly lower than the SBA threshold. As 
a result, all commercial fishermen expected to be affected by this 
proposed rule are determined, for the purpose of this assessment, to be 
small business entities.
    This rule, if adopted, would increase the number of queen conch 
that could be harvested per vessel per trip if one licensed commercial 
fisherman is on board the vessel and decrease the allowable harvest if 
multiple licensed commercial fishermen are on board. However, 2 percent 
or fewer of the trips that harvest queen conch are believed to carry 
multiple licensed commercial fishermen and no licensed commercial 
fishermen are known to exclusively fish with other licensed commercial 
fishermen on board. As a result, the effects of increasing the 
allowable queen conch harvest per vessel per trip on trips with a 
single licensed commercial fisherman on board would be expected to 
account for the majority of the impacts.
    The net direct economic effects of this proposed rule cannot be 
quantified with available data. Increasing the number of queen conch 
that could be harvested per vessel per trip would be expected to 
increase the average daily harvest and associated revenue per trip for 
trips on which queen conch are harvested. Total operating costs could 
be reduced if fishermen take fewer trips to harvest the queen conch 
ACL. An increase in the revenue per trip and a decrease in operating 
costs would result in an increase in profit to affected small entities.
    The queen conch commercial ACL in St. Croix is 50,000 lb (22,680 
kg) and queen conch harvest and possession in the EEZ is prohibited 
when the St. Croix ACL is reached. As a result, the total average 
annual revenue to all commercial fishermen from queen conch harvest 
would not be expected to be affected by this proposed rule other than 
as a result of a possible reduction in average price if increased 
harvest rates result in a derby fishery and depress prices. However, of 
the estimated average 40 fishermen who harvest queen conch per year, 
only an estimated average of 17 fishermen per year harvest queen conch 
in the EEZ. Additionally, closure of the fishery due to the ACL being 
reached has only occurred once since the 2008/2009 fishing year and 
because approximately two-thirds of the total queen conch harvest in 
St. Croix comes from territorial waters, any increased harvest rate 
accruing in response to the proposed increase in the trip limit in the 
EEZ may not significantly reduce the length of the open season and, 
thus, have minimal to no effect on queen conch prices. Therefore, 
increasing the daily average harvest rate, which may occur as a result 
of the proposed increase in the trip limit, may have only a small 
effect on increasing the likelihood of the fishery closing due to the 
ACL being reached and/or reducing the average price for queen conch.
    In addition to the effects described in the previous paragraph, 
fishing for, and revenue from, other species may increase as a result 
of this proposed rule, if adopted, if fishermen are able to take fewer 
trips to harvest the queen conch ACL and increase fishing effort for 
other species. However, any increase in revenue from other species 
would be an indirect effect of the proposed action and, therefore, 
outside the scope of the IRFA.
    This rule, if adopted, would also change the language in the 
codified text specifying the queen conch fishing season. This change 
would correct an inadvertent change to the text that occurred in a 
prior rulemaking, as discussed in the preamble. The proposed revision 
better reflects the original and current intent of the Council. Queen 
conch fishing in the Caribbean EEZ has been consistent with the season 
specified by the proposed change and, therefore, this proposed change 
would not be expected to result in any economic effects on any small 
entities.
    In summary, the average fisherman expected to be directly affected 
by this proposed rule would be expected to experience an increase in 
revenue and profit. However, neither the amount nor the significance of 
these increases can be determined with available data.
    Although the significance of the expected change in profit to the 
small entities expected to be directly affected by this proposed rule 
cannot be determined, the proposed rule would be expected to increase 
the revenue and profit of the average small entity that would be 
expected to be affected. Because the expected effect of this proposed 
rule would be positive and not adverse, the issue of significant 
alternatives to minimize the adverse effects is not relevant.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Queen Conch, St. Croix, Virgin Islands.

    Dated: June 4, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the 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

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.  622.491, paragraph (a) is revised to read as follows:


Sec.  622.491  Seasonal and area closures.

    (a) No person may fish for or possess on board a fishing vessel a 
Caribbean queen conch in or from the Caribbean EEZ, except from 
November 1 through May 31 in the area east of 64[deg]34' W. longitude 
which includes Lang Bank east of St. Croix, U.S. Virgin Islands.
* * * * *
0
3. In Sec.  622.495, paragraph (a) is revised and paragraph (b) is 
added to read as follows:


Sec.  622.495  Commercial trip limit.

* * * * *
    (a) Applicability. The trip limit of paragraph (b) of this section 
applies to a vessel that has at least one person on board with a valid 
commercial fishing license issued by Puerto Rico or the U.S. Virgin 
Islands. If no person on board the vessel has a valid commercial 
fishing license issued by Puerto Rico or the U.S. Virgin Islands, the 
bag limit specified in Sec.  622.494(b) applies.
    (b) Trip limit. The trip limit for queen conch in or from the 
Caribbean EEZ is 200 queen conch.
[FR Doc. 2013-13565 Filed 6-6-13; 8:45 am]
BILLING CODE 3510-22-P