[Federal Register Volume 80, Number 201 (Monday, October 19, 2015)]
[Proposed Rules]
[Pages 63190-63192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26471]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 150826781-5781-01]
RIN 0648-BF33


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; 2016 Red Snapper Commercial 
Quota Retention

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 
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 
proposed rule would withhold 4.9 percent of the 2016 red snapper 
commercial quota prior to the annual distribution of red snapper 
allocation to red snapper Individual Fishing Quota Program (IFQ) 
shareholders on January 1, 2016. The purpose of this proposed rule is 
to allow the allocations being established through Amendment 28 to the 
FMP

[[Page 63191]]

(Amendment 28) to be effective for the 2016 fishing year.

DATES: Written comments must be received by November 3, 2015.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2015-0121'' 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-2015-0121, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Richard Malinowski, NMFS 
Southeast Regional Office, 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).
    Electronic copies of the framework action, which includes an 
environmental assessment, a regulatory impact review, and a Regulatory 
Flexibility Act (RFA) 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: Richard Malinowski, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery is managed under 
the FMP. The FMP was prepared by the Council and is implemented by NMFS 
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 achieve on a continuing basis the optimum yield 
from federally managed fish stocks. This mandate is intended to ensure 
that 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.
    In recent years, the Council has expressed its intent to evaluate 
and possibly adjust the allocation of reef fish resources between the 
commercial and recreational sectors. At its August 2015 meeting, the 
Council approved Amendment 28 for submission to the Secretary of 
Commerce (Secretary) for review and implementation. Amendment 28 would 
reallocate 352,000 lb (159,665 kg), round weight, 317,117 lb (143,842 
kg), gutted weight of red snapper from the commercial sector to the 
recreational sector. This is equal to 4.9 percent of the current red 
snapper commercial quota.
    This proposed rule would allow for the implementation of Amendment 
28 in early 2016. While the recreational fishing season does not open 
until June 1 each year, NMFS distributes IFQ allocation to the 
shareholders on January 1 each year. After NMFS distributes the red 
snapper commercial quota to shareholders, it cannot be effectively 
recalled. If Amendment 28 is approved, it is unlikely that NMFS would 
be able to implement the reallocation until after the IFQ program's 
annual distribution of red snapper quota to the commercial sector on 
January 1, 2016. Therefore, without the management measures in this 
proposed rule, the reallocation could not occur until 2017.

Management Measures Contained in This Proposed Rule

    This proposed rule would withhold distribution of 4.9 percent of 
the 2016 red snapper commercial quota (352,000 lb (159,665 kg), round 
weight; 317,117 lb (143,842 kg), gutted weight) when allocation to the 
red snapper IFQ shareholders is released on January 1, 2016. If NMFS 
does not implement Amendment 28, NMFS would distribute the withheld 4.9 
percent of the 2016 IFQ allocation of red snapper to shareholders based 
on the shares held as of the date of distribution.

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 framework amendment, the FMP, other provisions of 
the Magnuson-Stevens Act, and other applicable laws, subject to further 
consideration after public comment.
    This proposed 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 (SBA) that this proposed rule, if implemented, would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination is as follows:
    The purpose of this proposed rule is to withhold 4.9 percent of the 
Gulf commercial red snapper quota (352,000 lb (159,665 kg), round 
weight; 317,117 lb (143,842 kg), gutted weight) to ensure that the 
allocations established through Amendment 28, and scheduled to be 
implemented in 2016, if approved by the Secretary, are effective for 
the 2016 fishing year. The Magnuson-Stevens Act provides the statutory 
basis for this proposed rule.
    NMFS expects this proposed rule, if implemented, to directly affect 
commercial vessels that harvest red snapper in the Gulf. Based on 
commercial logbook data, over the period of 2009-2013, an average of 
353 vessels per year recorded commercial red snapper harvests. The 
maximum number of vessels with recorded commercial red snapper harvests 
during this period was 375 in 2010. However, in 2010, 384 vessels were 
identified in the red snapper IFQ on-line account program, which tracks 
activity in the Red Snapper Limited Access Privilege Program. This 
system, however, is not the official record for trip harvests of all 
species by vessels with commercial harvests of red snapper, nor does it 
capture all landings, or associated revenues, from all species 
harvested on all trips by vessels that also harvest red snapper. 
Therefore, data from both sources are used for this analysis to 
estimate the number of potentially affected entities. As a result, this 
proposed rule would be expected to apply to 353-384 commercial fishing 
vessels. The average annual gross revenue from all species harvested on 
all trips by the vessels identified with recorded red snapper harvests 
in logbook data over the period 2009-2013 (353 vessels) was 
approximately $110,000 (2013 dollars).
    NMFS has not identified any other entities that would be expected 
to be directly affected by this proposed rule.
    The Small Business Administration 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

[[Page 63192]]

field of operation (including its affiliates), and has combined annual 
receipts not in excess of $20.5 million (NAICS code 114111, finfish 
fishing) for all its affiliated operations worldwide. All commercial 
fishing vessels expected to be directly affected by this proposed rule 
are determined to be small business entities.
    This proposed rule would withhold from distribution 4.9 percent or 
352,000 lb (159,665 kg), round weight; 317,117 lb (143,842 kg), gutted 
weight, of the 2016 Gulf red snapper commercial quota, valued at 
approximately $1.46 million ($4.75 median ex-vessel price per lb gutted 
weight, minus the 3-percent IFQ program cost recovery fee, all vessels; 
2013 dollars). This is equivalent to the amount of red snapper quota 
proposed to be reallocated from the commercial sector to the 
recreational sector in proposed Amendment 28. Across all vessels (353-
384 vessels), this amount of quota would be equivalent to an average of 
approximately 826-898 lb (375-407 kg), gutted weight, of red snapper 
per vessel, valued at approximately $3,800-$4,100. Thus, the proposed 
quota withholding in this framework action would result in a reduction 
in ex-vessel revenue in 2016 to the entities in this fishery; however, 
this reduction is consistent with the analysis and expected economic 
effects of Amendment 28, which projects a reduction in red snapper 
commercial quota, and associated economic benefits to commercial 
fishermen, beginning in 2016. The reallocation would, however, be 
expected to result in an increase in economic benefits to the 
recreational sector. If approved by the Secretary, final rulemaking to 
implement the allocation change proposed by Amendment 28 cannot occur 
until after January 1, 2016, whereas distribution of the commercial 
quota to IFQ shareholders occurs at the start of each fishing year to 
allow vessels to begin harvesting red snapper on January 1. After the 
annual red snapper quota is distributed to shareholders, it cannot be 
effectively recalled. Thus, to ensure the effects of Amendment 28 are 
realized in 2016, NMFS is withholding from distribution the 
commensurate amount of quota equivalent to the amount reallocated in 
Amendment 28 for the 2016 fishing season. If NMFS implements the 
proposed rulemaking and the reallocation in Amendment 28, then the 
effects of the reduced commercial quota, including this proposed 
withholding, will be attributable to and analyzed with Amendment 28's 
rulemaking. If NMFS does not implement the proposed reallocation in 
Amendment 28, then the portion of the quota withheld through this 
framework action will be distributed as soon as possible to the 
appropriate shareholders. Because this allocation would be available 
later in the fishing year, a reduction in normal total revenue 
(disruption of the timing of harvest may reduce the price and total 
revenue received), alteration of the flow of receipts, and disruption 
of normal business operation may occur. However, these effects would be 
expected to be minor because only a small portion of the available 
quota (4.9 percent) would be affected for only a portion of the year.
    Based on the discussion above, NMFS determines that this proposed 
rule, if implemented, would not have a significant adverse economic 
effect on a substantial number of small entities.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Gulf of Mexico, Recreational, Red 
snapper, Reef fish.

    Dated: October 14, 2015.
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 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, add paragraphs (a)(1)(i)(B) (1) and (2) to read as 
follows:


Sec.  622.39  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (i) * * *
    (B) * * *
    (1) NMFS will withhold distribution of 4.9 percent of the 2016 IFQ 
allocation of red snapper commercial quota on January 1, 2016, totaling 
352,000 lb (159,665 kg), round weight, of the 2016 red snapper 
commercial quota specified in Sec.  622.39(a)(1)(i)(B).
    (2) As determined by NMFS, remaining 2016 IFQ allocation of red 
snapper will be distributed to the current shareholders based on their 
current shares held as of the date of distribution.
* * * * *
[FR Doc. 2015-26471 Filed 10-16-15; 8:45 am]
BILLING CODE 3510-22-P