[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Proposed Rules]
[Pages 62069-62071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21620]



[[Page 62069]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160630573-6573-01]
RIN 0648-BG19


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 
Amendment 45 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) (Amendment 45). This proposed rule would 
extend the 3-year sunset provision for the Gulf of Mexico (Gulf) red 
snapper recreational sector separation measures for an additional 5 
years. Additionally, this rule would correct an error in the Gulf red 
snapper recreational accountability measures (AMs). The purpose of this 
proposed rule is to extend the sector separation measures to allow the 
Council more time to consider and possibly develop alternative 
management strategies within the Gulf red snapper recreational sector.

DATES: Written comments must be received on or before October 24, 2016.

ADDRESSES: You may submit comments on the amendment identified by 
``NOAA-NMFS-2016-0089'' by either 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-2016-0089, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Peter Hood, 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). Electronic copies of Amendment 45, which includes an 
environmental assessment, a fishery impact statement, a Regulatory 
Flexibility Act (RFA) analysis, and a regulatory impact review, may be 
obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov.

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

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery, which includes red snapper, 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 Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the optimum yield (OY) from federally managed fish stocks. These 
mandates are intended to ensure 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 meeting these requirements, Amendment 
45 would extend a sunset provision implemented through the final rule 
for Amendment 40 to the FMP (80 FR 22422, April 22, 2015) for an 
additional 5 years.
    Amendment 40 established distinct private angling and Federal for-
hire (charter vessel and headboat) components of the Gulf reef fish 
recreational sector fishing for red snapper, and allocated red snapper 
resources between these recreational components. The purpose for 
establishing these separate recreational components was to provide a 
basis for increasing the stability for the for-hire component and the 
flexibility in future management of the recreational sector, and to 
reduce the likelihood of recreational red snapper quota overruns, which 
could jeopardize the rebuilding of the red snapper stock (the Gulf red 
snapper stock is currently overfished and is under a rebuilding plan). 
As a result of the stock status, the actions in Amendment 40 were also 
intended to prevent overfishing while achieving the OY and rebuilding 
the red snapper stock, particularly with respect to recreational 
fishing opportunities.
    Amendment 40 defined the Federal for-hire component as including 
operators of vessels with Federal charter vessel/headboat permits for 
Gulf reef fish and their angler clients. The private angling component 
was defined as including anglers fishing from private vessels and 
state-permitted for-hire vessels. Amendment 40 allocated the red 
snapper recreational quota between the Federal for-hire and private 
angling components at 42.3 and 57.7 percent, respectively. The 
allocation was derived by using historical and recent time series of 
recreational landings. Amendment 40 also established accountability 
measures for the Gulf red snapper recreational components. The 
component allocation was applied to the red snapper recreational annual 
catch target (ACT), which is set 20 percent below the recreational 
annual catch limit. Both components' Federal red snapper seasons begin 
on June 1 and close when the respective component's ACT is projected to 
be met.
    Amendment 40 also applied a 3-year sunset provision for the 
regulations implemented through its final rule. The sunset provision 
maintained the measures for sector separation through the end of the 
2017 fishing year, on December 31, 2017.
    The 3-year sunset provision in Amendment 40 was included to provide 
an incentive for the Council to continue to evaluate alternative 
management measures or programs for the recreational sector. Unless 
modified, after the 2017 fishing year, on January 1, 2018, the 
management measures implemented through Amendment 40 will expire and 
the recreational sector will be managed as a single entity. The Council 
is currently working to develop and approve other amendments to address 
the management of the charter and headboat fishing within the Federal 
for-hire component (Amendments 41 and 42 to the FMP, respectively). The 
development of these amendments is taking longer than the Council 
anticipated, and if approved by NMFS, would likely not be effective 
until after the sector separation provisions expire at the end of the 
2017 fishing year (December 31, 2017). Therefore, through Amendment 45, 
the Council determined there was a need to extend the sunset provision 
to allow for additional time to

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consider and possibly implement alternative management strategies 
within the Gulf red snapper recreational sector.

Management Measure Contained in This Proposed Rule

    Amendment 45 would extend the 3-year sunset provision for 
separation of the Federal for-hire and private angling recreational 
components for Gulf red snapper and associated management measures for 
an additional 5 years. This proposed rule would extend Gulf 
recreational red snapper sector separation through the end of the 2022 
fishing year, on December 31, 2022, rather than the current sunset date 
of December 31, 2017. Beginning on January 1, 2023, the red snapper 
recreational sector would be managed as a single entity without the 
Federal for-hire and private angling components. The Council would need 
to take further action for these recreational components and management 
measures to extend beyond the 5-year extension proposed in Amendment 
45.
    Additionally, as a result of extending the sunset provision for 
sector separation, this proposed rule would extend the respective red 
snapper recreational component quotas and ACTs through the 2022 fishing 
year, instead of through the 2017 fishing year as implemented through 
Amendment 40.
    As described above, extending the duration of the Gulf red snapper 
recreational sunset provision would give the Council additional 
flexibility in developing alternative management approaches for red 
snapper.

Additional Proposed Changes to Codified Text

    On May 1, 2015, NMFS published the final rule for a framework 
action to revise the Gulf red snapper commercial and recreational 
quotas and ACTs, including the recreational component ACTs, and to 
announce the closure dates for the recreational sector components for 
the 2015 fishing year (80 FR 24832). However, during the implementation 
of the framework action, the term and regulatory reference for total 
recreational quota was inadvertently used instead of total recreational 
ACT when referring to the applicability of the recreational component 
ACTs after sector separation ends in Sec.  622.41(q)(2)(iii)(B) and 
(C). This rule corrects this error by revising the text and regulatory 
references within the component ACTs to reference the total 
recreational sector ACT instead of the total recreational quota in 
Sec.  622.41(q)(2)(iii)(B) and (C).

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 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 extend the sunset provision 
that would end the distinct private angling and Federal for-hire 
components (sector separation) of the red snapper recreational sector. 
This would allow more time for the Council to develop and potentially 
implement Federal for-hire and private angling component management 
measures to better prevent overfishing while achieving the OY on a 
continuing basis, particularly with respect to recreational 
opportunities, and while rebuilding the red snapper stock. The 
Magnuson-Stevens Act provides the statutory basis for this proposed 
rule.
    This proposed rule, if implemented, would directly affect all 
vessels with a Gulf Federal charter vessel/headboat reef fish permit 
(hereafter referred to as a for-hire permit). Headboats, which charge a 
fee per passenger, and charter vessels, which charge a fee on a whole 
vessel basis, are types of vessel operations that participate in the 
for-hire fishing component of the recreational sector. In addition to 
the difference in how fees are paid, headboats are generally larger and 
carry more passengers than charter vessels. A for-hire permit is 
required for for-hire vessels to harvest reef fish species, including 
red snapper, in the Gulf Exclusive Economic Zone (EEZ). On February 17, 
2016, there were 1,312 valid (non-expired) or renewable for-hire 
permits. A renewable permit is an expired permit that may not be 
actively fished, but is renewable for up to 1 year after expiration. 
Although the for-hire permit application collects information on the 
primary method of operation, the permit itself does not identify the 
permitted vessel as either a headboat or a charter vessel 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 Fishery Science Center that 
the vessel primarily operates as a headboat. Sixty-nine Gulf vessels 
were registered in the SHRS as of February 2016. As a result, the 
estimated 1,312 vessels expected to be directly affected by this 
proposed rule are expected to consist of 1,243 charter vessels and 69 
headboats. The average charter vessel is estimated to receive 
approximately $83,000 (2015 dollars) in annual revenue. The average 
headboat is estimated to receive approximately $252,000 (2015 dollars) 
in annual revenue.
    NMFS has not identified any other small entities that would be 
expected to be directly affected by this proposed rule. Although this 
proposed rule would also directly affect recreational anglers, 
recreational anglers are not small entities under the RFA.
    The Small Business Administration has established size criteria for 
all major industry sectors in the U.S. A business involved in the for-
hire fishing industry 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 $7.5 million (NAICS code 487210, for-hire businesses) 
for all its affiliated operations worldwide. All for-hire fishing 
businesses expected to be directly affected by this proposed rule are 
believed to be small business entities.
    This proposed rule consists of one action that would extend the 
sunset date of the sector separation provisions for the recreational 
harvest of red snapper in the Gulf, and correct the Gulf red snapper 
recreational sector AMs. Sector separation is scheduled to sunset at 
the end of 2017 fishing year. This proposed rule would extend the 
sunset date for an additional 5 years, through the 2022 fishing year. 
As a part of sector separation there are sector allocations, which 
allow each sector to have distinct seasons unaffected (in the short 
term) by the harvest activity by the other sector, and accountability 
measures intended to restrain each sector to its allocation and help 
ensure that the potential benefits expected to accrue to sector 
separation are realized. Sector separation also established a platform 
which enables management changes that may result in increased economic 
benefits to the affected small entities. These effects would be a 
direct effect of these management changes, as they are

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implemented, and not of this proposed rule.
    The current sector separation sunset date provision limits the 
cumulative amount and duration of these positive economic effects. The 
3-year duration of sector separation as is currently in place is 
insufficient time to conduct substantive evaluation of each sector's 
needs, develop and implement appropriate sector-specific management 
measures, and allow the measures to remain in effect long enough for 
the benefits to be realized. Additionally, the imminent lapse of the 3-
year sunset provision is believed to be a disincentive for business 
owners to make substantive financial or other operational decisions 
that may improve the economic viability of their business. Extending 
the sunset date for an additional 5 years would be expected to result 
in increased economic benefits to for-hire small business entities 
because it would lengthen their planning horizon and opportunity to 
make beneficial operational changes and would increase the management 
flexibility to implement sector-specific measures designed to increase 
the economic benefits accruing to both the for-hire and private angling 
components.
    It is not feasible to generate quantitative estimates of the 
expected economic benefits expected to accrue to these small for-hire 
business entities as a result of the proposed change in the sunset date 
because of an inability to forecast the behavioral changes by the for-
hire businesses or the anglers who hire their services, and the absence 
of detail on, or schedule of implementation of, the sector-specific 
management measures that may be implemented. Nevertheless, the net 
effect of the proposed change in the sunset date of sector separation 
is expected to be an increase in profit per affected small entity.
    The proposed change to the Gulf red snapper recreational sector AMs 
would be administrative, not substantive, in nature, correcting text 
and regulatory reference errors made in prior rulemaking. These errors 
have not affected how the recreational harvest of red snapper has been 
managed or the behavior of any small entities engaged in the 
recreational harvest of red snapper. The proposed corrections are 
consistent with the intent of the prior rulemaking (80 FR 24832, May 1, 
2015) and would not be expected to have any direct effect on any small 
entities.
    Based on the discussion above, NMFS determines that this proposed 
rule, if implemented, would result in an increase in revenue and 
associated profits and would not have a significant adverse economic 
effect on a substantial number of small entities. As a result, an 
initial regulatory flexibility analysis is not required and none has 
been prepared.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Gulf, Quotas, Recreational, Red snapper.

    Dated: August 31, 2016.
Samuel D. Rauch III,
Deputy Assitant 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, revise paragraphs (a)(2)(i)(B) and (C) to read as 
follows:


Sec.  622.39  Quotas.

* * * * *
    (a) * * *
    (2) * * *
    (i) * * *
    (B) Federal charter vessel/headboat component quota. The Federal 
charter vessel/headboat component quota applies to vessels that have 
been issued a valid Federal charter vessel/headboat permit for Gulf 
reef fish any time during the fishing year. This component quota is 
effective for only the 2015 through 2022 fishing years. For the 2023 
and subsequent fishing years, the applicable total recreational quota, 
specified in paragraph (a)(2)(i)(A) of this section, will apply to the 
recreational sector.
    (1) For fishing year 2015--2.964 million lb (1.344 million kg), 
round weight.
    (2) For fishing year 2016--3.042 million lb (1.380 million kg), 
round weight.
    (3) For fishing years 2017 through 2022--2.993 million lb (1.358 
million kg), round weight.
    (C) Private angling component quota. The private angling component 
quota applies to vessels that fish under the bag limit and have not 
been issued a Federal charter vessel/headboat permit for Gulf reef fish 
any time during the fishing year. This component quota is effective for 
only the 2015 through 2022 fishing years. For the 2023 and subsequent 
fishing years, the applicable total recreational quota, specified in 
paragraph (a)(2)(i)(A) of this section, will apply to the recreational 
sector.
    (1) For fishing year 2015--4.043 million lb (1.834 million kg), 
round weight.
    (2) For fishing year 2016--4.150 million lb (1.882 million kg), 
round weight.
    (3) For fishing years 2017 through 2022--4.083 million lb (1.852 
million kg), round weight.
* * * * *
0
3. In Sec.  622.41, revise paragraphs (q)(2)(iii)(B) and (C) to read as 
follows:


Sec.  622.41  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (q) * * *
    (2) * * *
    (iii) * * *
    (B) Federal charter vessel/headboat component ACT. The Federal 
charter vessel/headboat component ACT applies to vessels that have been 
issued a valid Federal charter vessel/headboat permit for Gulf reef 
fish any time during the fishing year. This component ACT is effective 
for only the 2015 through 2022 fishing years. For the 2023 and 
subsequent fishing years, the applicable total recreational ACT, 
specified in paragraph (q)(2)(iii)(A) of this section, will apply to 
the recreational sector.
    (1) For fishing year 2015--2.371 million lb (1.075 million kg), 
round weight.
    (2) For fishing year 2016--2.434 million lb (1.104 million kg), 
round weight.
    (3) For fishing years 2017 through 2022--2.395 million lb (1.086 
million kg), round weight.
    (C) Private angling component ACT. The private angling component 
ACT applies to vessels that fish under the bag limit and have not been 
issued a Federal charter vessel/headboat permit for Gulf reef fish any 
time during the fishing year. This component ACT is effective for only 
the 2015 through 2022 fishing years. For the 2023 and subsequent 
fishing years, the applicable total recreational ACT, specified in 
paragraph (q)(2)(iii)(A) of this section, will apply to the 
recreational sector.
    (1) For fishing year 2015--3.234 million lb (1.467 million kg), 
round weight.
    (2) For fishing year 2016--3.320 million lb (1.506 million kg), 
round weight.
    (3) For fishing years 2017 through 2022--3.266 million lb (1.481 
million kg), round weight.

[FR Doc. 2016-21620 Filed 9-7-16; 8:45 am]
 BILLING CODE 3510-22-P