[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Proposed Rules]
[Pages 49440-49443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19729]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130627573-3573-01]
RIN 0648-BD39


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: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in a

[[Page 49441]]

framework action to the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of 
Mexico Fishery Management Council (Council). If implemented, this rule 
would increase the 2013 commercial and recreational quotas for red 
snapper in the Gulf of Mexico (Gulf) reef fish fishery and re-open the 
red snapper recreational season for 2013. This proposed rule is 
intended to help achieve optimum yield (OY) for the Gulf red snapper 
resource without increasing the risk of red snapper experiencing 
overfishing.

DATES: Written comments must be received on or before August 29, 2013.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2013-0115'' 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-2013-0115, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Susan Gerhart, 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 the framework action, which includes an 
environmental assessment, a regulatory impact review, and a Regulatory 
Flexibility Act analysis may be obtained from the Southeast Regional 
Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/index.html.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, 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).

Background

    The Southeast Data, Assessment, and Review (SEDAR) benchmark 
assessment for Gulf red snapper (SEDAR 31), conducted in 2013, 
determined that the acceptable biological catch (ABC) for red snapper 
could be increased. The stock is no longer undergoing overfishing. 
However, it remains overfished and is under a rebuilding plan through 
2032.
    The Council's Scientific and Statistical Committee (SSC) met in May 
2013 to review SEDAR 31, and recommended an ABC of 13.5 million lb (6.1 
million kg), round weight, for the 2013 fishing year, 11.9 million lb 
(5.4 million kg), round weight, for the 2014 fishing year, and 10.6 
million lb (4.8 million kg), round weight, for the 2015 fishing year. 
The Council met in July 2013 and voted to implement an allowable catch 
of 11.0 million lb (5.0 million kg), round weight. This is an increase 
of 2.54 million lb (1.15 million kg), round weight, from the allowable 
catch currently in effect. The Council determined that implementing an 
allowable catch of 11.0 million lb (5.0 million kg), round weight, 
would allow the quotas in the following years to remain constant or 
increase. Although the proposed quota would exceed the current ABC in 
2015 if continued beyond 2014, the SSC will review the new projections 
in August 2013 and is expected to provide new ABCs based on a constant 
catch scenario. Any new ABCs recommended by the SSC would be announced 
in the final rule for this action. The Council will review the SSC's 
new ABC recommendations at its August 2013 meeting and determine 
whether further revision of the allowable catch is necessary. If 
revisions to the allowable catch are necessary, NMFS would publish 
subsequent proposed and final rulemaking. An update assessment is 
scheduled for red snapper in 2015 and could also result in a change in 
the ABC and allowable catch at that time.
    The increase to the current 2013 commercial quota of 1.295 million 
lb (587,402 kg), round weight, would be distributed to shareholders in 
the individual fishing quota (IFQ) program for Gulf red snapper on or 
shortly after the effective date of the final rule. The increase to the 
current 2013 recreational quota of 1.245 million lb (564,723 kg), round 
weight, could allow a supplemental red snapper recreational fishing 
season, if additional quota is available after the June landings are 
known. The supplemental season would open October 1, 2013; the end date 
would be published in the final rule. The Council also considered 
modifying the reopening of the red snapper recreational fishing season 
to be on weekends only, but the Council preferred to retain a 
continuous open season.

Management Measures Contained in This Proposed Rule

    This rule would set the commercial and recreational quotas for red 
snapper based on the allowable catch of 11.0 million lb (5.0 million 
kg), round weight, and the current commercial and recreational 
allocations (51 percent commercial and 49 percent recreational). 
Therefore, the commercial quota would be set at 5.610 million lb (2.545 
million kg), round weight, and the recreational quota would be set at 
5.390 million lb (2.445 million kg), round weight.

Red Snapper Recreational Fishing Season

    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. Prior to June 1 each year, NMFS projects 
the closing date based on the previous year's data, and notifies the 
public of the closing date for the upcoming season. If subsequent data 
indicate that the quota has not been reached by that closing date, NMFS 
may reopen the season.
    If this rule is implemented and the recreational quota for red 
snapper were to increase, NMFS may be able to reopen the recreational 
season for red snapper during 2013, if additional quota is available 
after the June landings are known. This would allow fishermen the 
opportunity to harvest the additional quota, without jeopardizing the 
stock of undergoing overfishing or impeding rebuilding of the stock by 
2032. The final rule for this action would contain the recreational 
fishing season closure date.

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 FMP, other provisions of the Magnuson-Stevens Act, 
and other

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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 this rule, if 
adopted, would have on small entities. A description of the action, why 
it is being considered, 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.
    No duplicative, overlapping, or conflicting Federal rules have been 
identified. This proposed rule would not introduce any changes to 
current reporting, recordkeeping, or other compliance requirements.
    This rule, if implemented, would be expected to directly affect 
commercial and for-hire vessels that harvest red snapper. In addition 
to needing red snapper IFQ allocation, a commercial reef fish permit is 
required to sell red snapper and to harvest red snapper in excess of 
the bag limit in the Gulf EEZ. An estimated 888 vessels possess a valid 
(non-expired) or renewable commercial reef fish permit. A renewable 
permit is an expired permit that may not be actively fished, but is 
renewable for up to 1 year after permit expiration. However, over the 
period 2007-2011, an average of only 333 vessels per year recorded 
commercial red snapper harvests. As a result, for the purpose of this 
assessment, the number of potentially affected commercial vessels is 
estimated to range from 333-888. The average commercial vessel in the 
Gulf reef fish fishery is estimated to earn approximately $50,000 (2011 
dollars) in gross annual revenue, while the average vessel with red 
snapper landings is estimated to earn approximately $96,000 in gross 
annual revenue.
    A Federal reef fish for-hire vessel permit is required for for-hire 
vessels to harvest red snapper in the Gulf EEZ. On June 24, 2013, 1,353 
vessels had a valid or renewable reef fish for-hire permit. The for-
hire fleet is comprised of charterboats, which charge a fee on a per-
vessel basis, and headboats, which charge a fee on an individual angler 
(head) basis. Although the for-hire permit application collects 
information on the primary method of operation, the resultant permit 
itself does not identify the permitted vessel as either a headboat or a 
charter vessel, operation as either a headboat or charter vessel is not 
restricted by the permitting regulations, and vessels may operate in 
both capacities. However, only federally permitted headboats are 
required to submit harvest and effort information to the NMFS Southeast 
Region Headboat Survey (SRHS). Participation in the SRHS is based on 
determination by the Southeast Fisheries Science Center that the vessel 
primarily operates as a headboat. Seventy vessels were registered in 
the SHRS as of March 1, 2013. As a result, 1,283 of the vessels with a 
valid or renewable reef fish for-hire permit are expected to operate as 
charterboats. The average charterboat is estimated to earn 
approximately $80,000 (2011 dollars) in gross annual revenue and the 
average headboat is estimated to earn approximately $242,000 in gross 
annual revenue.
    NMFS has not identified any other small entities that would be 
expected to be directly affected by this proposed rule. 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 $19.0 million (NAICS code 114111, finfish 
fishing) for all its affiliated operations worldwide. This receipts 
threshold is the result of a final rule issued by the SBA on June 20, 
2013, which that increased the size standard for Finfish Fishing from 
$4.0 to $19.0 million. The receipts threshold for a business involved 
in the for-hire fishing industry is $7.0 million (NAICS code 487210, 
fishing boat charter operation). This receipts threshold has not been 
changed as a result of recent review by the SBA. All commercial and 
for-hire vessels expected to be directly affected by this proposed rule 
are believed to be small business entities.
    This rule, if implemented, would increase the red snapper 
commercial quota by 1.295 million lb (587,402 kg), round weight, and 
the red snapper recreational quota by 1.245 million lb (564,723 kg), 
round weight. The proposed increase in the commercial quota would be 
expected to result in an increase in gross revenue (ex-vessel revenue 
minus the 3-percent cost recovery fee) for commercial vessels that 
harvest red snapper of approximately $4.81 million (2011 dollars), or 
approximately $5,417-$14,444 per vessel ($4.81 million/888 vessels = 
$5,417 per vessel; $4.81/333 vessels = $14,444 per vessel). The 
expected range in the increase in gross revenue per vessel would be 
equal to approximately 10.8 percent ($5,417/$50,000) and 15.1 percent 
($14,444/$96,000) increases in the average annual revenue per vessel, 
respectively.
    The proposed increase in the recreational quota would be expected 
to result in an increase in net operating revenue (gross revenue minus 
operating costs except for labor) for for-hire businesses of 
approximately $3.361 million (2011 dollars) for charterboats and 
approximately $3.765 million for headboats. The projected increase in 
net operating revenue for charterboats would be equal to approximately 
$2,600 per vessel ($3.361 million/1,283 vessels), or approximately 3.3 
percent ($2,600/$80,000) of average annual revenue per vessel. For 
headboats, the projected increase in net operating revenue would be 
equal to approximately $53,800 per vessel ($3.765 million/70 vessels), 
or approximately 22.2 percent ($53,800/$242,000) of average annual 
revenue per vessel.
    In summary, this rule, if implemented, would be expected to 
increase the revenue and profit of the average small entity that would 
be expected to be directly affected. Because the expected economic 
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, Gulf, Quotas, Red snapper.

    Dated: August 8, 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 OF MEXICO, 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.  622.39, paragraphs (a)(1)(i) and (a)(2)(i) are revised to 
read as follows:


Sec.  622.39  Quotas.

* * * * *
    (a) * * *
    (1) * * *

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    (i) Commercial quota for red snapper--5.610 million lb (1.957 
million kg), round weight.
* * * * *
    (2) * * *
    (i) Recreational quota for red snapper--5.390 million lb (1.880 
million kg), round weight.
* * * * *
[FR Doc. 2013-19729 Filed 8-9-13; 4:15 pm]
BILLING CODE 3510-22-P