February 18, 2011
FB11-015
FOR INFORMATION CONTACT:
Rich.Malinowski@noaa.gov
727-824-5305, FAX 727-824-5308
NOAA is Seeking Comments on a Proposed Rule to Increase the Red Snapper Quotas in the Gulf of Mexico
NOAA Fisheries Service is seeking public comment on a proposed rule that would adjust the commercial and recreational red snapper quotas in the Gulf of Mexico from 3.542 and 3.403 million pounds (MP) to 3.66 and 3.525 MP in 2011, respectively. A recent red snapper assessment update projected overfishing (rate of removal is too high) ended in 2009, and therefore, the total allowable catch can be increased from the existing 6.945 MP to 7.185 MP. This action was evaluated in a regulatory amendment to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico. The proposed rule publishes in the Federal Register on February 22, 2011, with the comment period ending March 24, 2011.
If the amendment is approved, the final rule may contain NOAA Fisheries Service’s estimated projection for the number of days in the 2011 recreational fishing season.
Request for Comments
Written comments on this proposed rule to increase the red snapper commercial and recreational quotas must be received no later than March 24, 2011, to be considered by NOAA Fisheries Service. See the Addresses section for information on where and how to submit comments. All comments received by NOAA Fisheries Service will be addressed in the final rule.
Addresses
Electronic copies of the proposed rule or the regulatory amendment may be obtained from the e-Rulemaking Portal at http://www.regulations.gov, the Gulf of Mexico Fishery Management Council’s Web site at http://www.gulfcouncil.org, or from NOAA Fisheries Service, Southeast Regional Office, Sustainable Fisheries Division, 263 13th Avenue South, St. Petersburg, Florida 33701-5505.
You may submit comments by either of the following methods:
• Electronic Submissions: Federal e-Rulemaking Portal: http://www.regulations.gov. Enter the following docket number into the “Search” box: NOAA-NMFS-2011-0018. All comments received are part of the public record and will generally be posted to http://www.regulations.gov without change. All personal identifying information (for example, name, address, etc.) voluntarily submitted by the commenter, may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. NOAA Fisheries Service will accept anonymous comments. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
• Mail: Richard Malinowski, NOAA Fisheries Service, Southeast Regional Office, Sustainable Fisheries Division, 263 13th Avenue South, St. Petersburg, Florida 33701-5505.
Comments received through means not specified in this bulletin will not be considered.
This bulletin provides only a summary of the information pertinent to the rule. Any discrepancies between this bulletin and the rule as published in the Federal Register will be resolved in favor of the Federal Register.
Here's the info from the Dept. of Commerce:
[Federal Register Volume 76, Number 34 (Friday, February 18, 2011)]
[Proposed Rules]
[Pages 9530-9533]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3733]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 101124579-1088-01]
RIN 0648-BA51
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the Southern Atlantic States; 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 issues this proposed rule that would implement a
regulatory amendment (Regulatory Amendment 10) to the Fishery
Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region (FMP), as prepared by the South Atlantic Fishery Management
Council (Council). This proposed rule would remove the snapper-grouper
area closure implemented through Amendment 17A to the FMP. The intended
effect of this proposed rule is to help achieve optimum yield (OY) for
the fishery and minimize socio-economic impacts to snapper-grouper
fishermen, without increasing the risk of the red snapper resource
experiencing overfishing.
DATES: Written comments must be received on or before March 21, 2011.
ADDRESSES: You may submit comments on the proposed rule identified by
0648-BA51 by any of the following methods:
Electronic submissions: Submit electronic comments via the
Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Rick DeVictor, Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL 33701.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
To submit comments through the Federal e-rulemaking portal: http://www.regulations.gov , enter ``NOAA-NMFS-2010-0249'' in the keyword
search, then check the box labeled ``Select to find documents accepting
comments or submissions'', then select ``Send a comment or
submission''. NMFS will accept anonymous comments (enter N/A in the
required field if you wish to remain anonymous). You may submit
attachments to electronic comments in Microsoft Word, Excel,
WordPerfect, or Adobe PDF file formats only.
Comments received through means not specified in this rule will not
be considered.
Copies of the regulatory amendment, which includes an environmental
assessment and a regulatory impact review, may be obtained from the
South Atlantic Fishery Management Council, 4055 Faber Place Drive,
Suite 201, North Charleston, SC 29405; telephone 843-571-4366; fax 843-
769-4520; e-mail safmc@safmc.net; or may be downloaded from the
Council's Web site at http://www.safmc.net/.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, 727-824-5305.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic 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 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 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. To further this goal, the Magnuson-Stevens Act requires
fishery managers to end overfishing of stocks while achieving OY from
the fishery, and to minimize bycatch and bycatch mortality to the
extent practicable.
In the South Atlantic, the red snapper stock is currently
overfished and undergoing overfishing. The stock status was determined
through a Southeast Data Assessment and Review (SEDAR) benchmark stock
assessment for red snapper, SEDAR 15, which was completed in February
2008. Based on this stock assessment, Amendment 17A to the FMP was
developed to end the overfishing of red snapper and rebuild the stock.
The final rule to implement
[[Page 9531]]
Amendment 17A was published in the Federal Register on December 9, 2010
(75 FR 76874). The management measures implemented through the final
rule included a prohibition on the harvest and possession of red
snapper in or from the South Atlantic exclusive economic zone (EEZ)
(and in State or Federal waters for a vessel with a Federal commercial
or charter vessel/headboat permit for South Atlantic snapper-grouper),
a requirement for the use of non-stainless steel circle hooks when
fishing for snapper-grouper species with hook-and-line gear north of
28[deg] N. latitude in the South Atlantic EEZ, and an area closure for
South Atlantic snapper-grouper. The snapper-grouper area closure
includes 4,827 square miles (7,768 square km) off the coasts of
southern Georgia and northeast Florida where the harvest and possession
of snapper-grouper species would be prohibited, except when fishing
with black sea bass pot gear or spearfishing gear for species other
than red snapper.
Through the SEDAR 24 benchmark stock assessment, updated
information on the status of the red snapper stock became available in
late October 2010. The SEDAR 24 assessment incorporated the high
landings from recent years, as well as new information regarding the
selectivity of older and larger red snapper to hook-and-line gear,
post-release mortality data, and methodologies for estimating historic
landings of red snapper. The Council's Scientific and Statistical
Committee (SSC) reviewed the new assessment in November 2010 and
endorsed model runs in the assessment that suggest the snapper-grouper
area closure could be modified without compromising the objective of
ending red snapper overfishing. Modifying the area closure would also
minimize negative socio-economic effects on snapper-grouper fishing
communities. The SEDAR 24 assessment has determined, similar to SEDAR
15, that the red snapper stock is overfished and undergoing
overfishing, however, the rate of overfishing found in SEDAR 24 is less
than the rate of overfishing found in the previous stock assessment
(SEDAR 15).
Given the information in the new stock assessment, an emergency
rule to delay the effective date of the snapper-grouper area closure
was published on December 9, 2010 (75 FR 76890). The emergency rule
delayed the effective date of the area closure from January 3, 2011,
until June 1, 2011, with a possible 186-day extension, unless
superseded by subsequent rulemaking. A correction to the emergency rule
was published on December 20, 2010, to correct a previous error (75 FR
79309). The delayed effective date provided the Council time to respond
to the new scientific information from the SEDAR 24 benchmark stock
assessment. The Council voted to approve Regulatory Amendment 10 to
modify the area closure implemented through Amendment 17A to the FMP,
based upon the new stock assessment information.
Regulatory Amendment 10 evaluates alternatives to the snapper-
grouper area closure approved in Amendment 17A to the FMP. These
alternatives include decreases in the size of the area closure,
decreases in the duration of the area closure, and the removal of the
area closure entirely.
At its December 2010 meeting, the Council voted to remove the
snapper-grouper area closure entirely as their preferred alternative in
Regulatory Amendment 10.
Regulatory Amendment 10 presents information from SEDAR 24 that
suggests the red snapper fishing moratorium in the South Atlantic has
been more effective in reducing the mortality of red snapper than
previously determined from the results of SEDAR 15. The analysis
contained in the regulatory amendment also evaluates fishing effort
reduction, in addition to the reduction in red snapper removals in 2010
as reported through the Marine Recreational Fishing Statistics Survey
(MRFSS). Evidence provided by MRFSS suggests effort has been reduced by
33 percent and total red snapper removals in pounds have been reduced
by 81 percent when 2010 data are compared to the 2007-2009 baseline
data. The required reduction in removals of red snapper to end
overfishing has been determined to be 70 to 75 percent.
When recent reductions in fishing effort are considered, the red
snapper moratorium, implemented through Amendment 17A to the FMP, is
projected to end red snapper overfishing and rebuild the stock without
the additional implementation of the snapper-grouper area closure.
Therefore, the proposed action in Regulatory Amendment 10 to remove the
snapper-grouper area closure approved in Amendment 17A to the FMP seeks
to prevent significant direct economic loss to snapper-grouper
fishermen and achieve OY for the fishery, without subjecting the red
snapper resource to overfishing.
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, other provisions of 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 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 that this
proposed 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 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 the Council (see
ADDRESSES). A summary of the IRFA follows.
The rule proposes to remove the snapper-grouper area closure
provision implemented through Amendment 17A to the FMP. This provision
is a year-round closure, i.e., prohibition of harvest, retention, and
possession of any species in the snapper-grouper fishery management
unit, except for snapper-grouper harvested with spearfishing gear or
allowed to be harvested with a sea bass pot, within an area
corresponding to commercial logbook grids (cells) 2880, 2980, and 3080
for depths from 98 ft (30 m) to 240 ft (73 m).
The Magnuson-Stevens Act provides the statutory basis for the
proposed rule.
No duplicative, overlapping, or conflicting Federal rules have been
identified.
The proposed rule would not establish any new reporting, record-
keeping, or other compliance requirements.
This proposed rule is expected to directly affect commercial
harvesting and for-hire fishing operations. The Small Business
Administration has established size criteria for all major industry
sectors in the U.S. including fish harvesters and for-hire operations.
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. For for-
hire vessels, the other qualifiers apply and the annual receipts
threshold is $7.0 million (NAICS code 713990, recreational industries).
[[Page 9532]]
From 2007-2009, an average of 895 vessels-per-year had valid
permits to operate in the commercial snapper-grouper fishery. Of these
vessels, 751 held transferable permits and 144 held non-transferable
permits. On average, 797 vessels landed snapper-grouper species,
generating dockside revenues of approximately $14.514 million (2008
dollars). Each vessel, therefore, generated an average of approximately
$18,000 annually in gross revenues from snapper-grouper. Gross dockside
revenues by State are distributed as follows: $4.054 million in North
Carolina, $2.563 million in South Carolina, $1.738 million in Georgia/
Northeast Florida, $3.461 million in central and southeast Florida, and
$2.695 million in the Florida Keys. Vessels that operate in the
snapper-grouper fishery may also operate in other fisheries, the
revenues of which cannot be determined with available data and are not
reflected in these totals.
Based on revenue information, all commercial vessels affected by
the proposed rule can be considered small entities.
From 2007-2009, an average of 1,797 vessels had valid permits to
operate in the snapper-grouper for-hire fishery, of which 82 are
estimated to have operated as headboats. The for-hire fleet is
comprised of charterboats, which charge a fee on a vessel basis, and
headboats, which charge a fee on an individual angler (head) basis. The
charterboat annual average gross revenue is estimated to range from
approximately $62,000-$84,000 for Florida vessels, $73,000-$89,000 for
North Carolina vessels, $68,000-$83,000 for Georgia vessels, and
$32,000-$39,000 for South Carolina vessels. For headboats, the
corresponding estimates are $170,000-$362,000 for Florida vessels, and
$149,000-$317,000 for vessels in the other States.
Based on these average revenue figures, all for-hire operations
that would be affected by the proposed rule can be considered small
entities.
Some fleet activity, i.e., multiple vessels owned by a single
entity, may exist in both the commercial and for-hire snapper-grouper
sectors but its extent is unknown, and all vessels are treated as
independent entities in this analysis.
The proposed rule is expected to directly affect all Federally
permitted commercial vessels that operate in the South Atlantic
snapper-grouper fishery as well as for-hire vessels operating out of
northeast Florida and Georgia. All directly affected entities have been
determined, for the purpose of this analysis, to be small entities.
Therefore, it is determined that the proposed action will affect a
substantial number of small entities.
Because all entities that are expected to be affected by the
proposed rule are considered small entities, the issue of
disproportional effects on small versus large entities does not arise
in the present case.
The economic analysis done for the proposed rule estimated the
changes in net operating revenues to commercial and for-hire vessels.
These changes were estimated assuming the closure provision, within
Amendment 17A to the FMP, commenced on January 3, 2011, although its
implementation has been delayed via emergency rule until June 1, 2011,
unless superseded by subsequent rulemaking. For the current analysis,
net operating revenue was equated to profit.
The proposed action to eliminate the area closure that was adopted
in Amendment 17A to the FMP is estimated to have a non-uniform change
in the short-term profits of commercial vessels operating in the South
Atlantic snapper-grouper fishery. Annual profits would increase
approximately by $358,000 for vessels in northeast Florida and Georgia
and by $103,000 for vessels in southeast Florida. On the other hand,
annual profits would decrease approximately by $241,000 for vessels in
North Carolina, by $129,000 in South Carolina, and by $2,000 for
vessels in the Florida Keys. The net effect of the proposed action on
commercial vessels as a whole would be an average increase in annual
profits of approximately $88,000. Vessels fishing with vertical-line
gear are the ones most affected by the proposed action.
The differential effects of the proposed action on commercial
vessels in various geographic areas in the South Atlantic are mainly
determined by the manner in which quotas for certain snapper-grouper
species, such as gag, red grouper, black grouper, and vermilion
snapper, would be met. Although the proposed action would not close
very specific areas off the coasts of Georgia and northeast Florida,
commercial vessels operating in other areas would also be affected via
the possible quota closures of some snapper-grouper species. Opening
the areas closed under Amendment 17A would allow commercial vessels
from southeast Florida, northeast Florida, and Georgia to harvest more
snapper-grouper species than they may have under the closure, such as
vermilion snapper, gag, and red grouper, and this would tend to
increase their profits. Such a harvest increase, however, may lead to
reaching certain snapper-grouper quotas sooner, which could result in
lower harvest by vessels in North Carolina, South Carolina, and the
Florida Keys. These vessels would then experience reductions in their
profits. The more restrictive quotas are those for vermilion snapper
and gag. The quota for gag is especially critical, because it also
serves as a trigger mechanism for closing the harvest of all shallow-
water groupers.
For-hire vessels operating in northeast Florida and Georgia are
expected to be the only for-hire vessels affected by the proposed
action. This is based on the extent of for-hire vessel fishing
activities in the subject three statistical areas set for closure under
Amendment 17A to the FMP. As a result of the proposed action in this
regulatory amendment, annual profits are expected to increase by
$300,000 for charterboats and $1,000,000 for headboats.
Eleven alternatives, including the proposed action, were considered
for the area closure. The first alternative to the proposed action is
the no action alternative. Among the alternatives, this would result in
the largest negative economic effects on small entities. The second
alternative to the proposed action is a May-October closure of cells
2880 and 2980 in depths from 98 ft (30 m) to 240 ft (73 m). This
alternative would result in lower profit increases for both the
commercial and for-hire vessels than the proposed action. The third
alternative to the proposed action is a May-August closure of cells
2880, 2980, and 3080 in depths from 98 ft (30 m) to 240 ft (73 m). This
alternative would result in a lower profit increase to the for-hire
vessels and a slightly higher profit increase to commercial vessels
than the proposed action. The overall net effect of this alternative
would be a lower profit increase than that under the proposed action.
The fourth alternative to the proposed action is a July-December
closure of cells 2880, 2980, and 3080 in depths from 98 ft (30 m) to
240 ft (73 m). This alternative would result in lower profit increases
to the for-hire and commercial vessels than the proposed action. The
fifth alternative to the proposed action is a May-December closure of
cells 2880, 2980, and 3080 in depths from 98 ft (30 m) to 240 ft (73
m). This alternative would result in lower profit increases to the for-
hire and commercial vessels than the proposed action. The sixth
alternative to the proposed action is a May-December closure of cells
2880, 2980, and 3080 in depths from 66 ft (20 m) to 240 ft (73 m) for
the first year and a May-October closure of cells 2880 and 2980 in
depths from 98 ft (30 m) to 240 ft (73 m) for the second
[[Page 9533]]
and consecutive years. This alternative would result in lower profit
increases to the for-hire and commercial vessels than the proposed
action.
The seventh alternative to the proposed action is a May-October
closure of cells 2880 and 2980 in depths from 98 ft (30 m) to 240 ft
(73 m) for the first year and a June-July closure of cell 2980 in
depths from 98 ft (30 m) to 240 ft (73 m) for the second and
consecutive years. This alternative would result in lower profit
increases to the for-hire and commercial vessels than the proposed
action. The eighth alternative to the proposed action is a May-October
closure of cells 2880 and 2980 in depths from 98 ft (30 m) to 240 ft
(73 m) for the first year and a July closure of cells 2880 and 2980 in
depths from 98 ft (30 m) to 240 ft (73 m) for the second and
consecutive years. This alternative would result in lower profit
increases to the for-hire and commercial vessels than the proposed
action. The ninth alternative to the proposed action is a July-December
closure of cells 2880, 2980, and 3080 in depths from 98 ft (30 m) to
240 ft (73 m) for the first year and a January-April closure of cells
2880 and 2980 in depths from 98 ft (30 m) to 240 ft (73 m) for the
second and consecutive years. This alternative would result in lower
profit increases to the for-hire and commercial vessels than the
proposed action.
The tenth alternative to the proposed action is a May-December
closure of cells 2880, 2980, and 3080 in depths from 98 ft (30 m) to
240 ft (73 m) for the first year and a January-April closure of cells
2880 and 2980 in depths from 98 ft (30 m) to 240 ft (73 m) for the
second and consecutive years. This alternative would result in lower
profit increases to the for-hire and commercial vessels than the
proposed action.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: February 14, 2011.
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, AND SOUTH ATLANTIC
1. The authority citation for part 622 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
Sec. 622.35 [Amended]
2. In Sec. 622.35, the suspension on paragraph (l) is lifted and
paragraph (l) is removed and reserved.
[FR Doc. 2011-3733 Filed 2-17-11; 8:45 am]
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