[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Rules and Regulations]
[Pages 63673-63683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28989]
[[Page 63673]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 090508900-91414-02]
RIN 0648-AX75
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic; Red Snapper Closure
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; interim measures.
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SUMMARY: This final temporary rule implements interim measures to
establish a closure of the commercial and recreational fisheries for
red snapper in the South Atlantic as requested by the South Atlantic
Fishery Management Council (Council). The intended effect is to reduce
overfishing of red snapper while long-term management measures are
developed in Amendment 17A to the Fishery Management Plan for the
Snapper-Grouper Fishery of the South Atlantic Region (Amendment 17A) to
end overfishing of red snapper.
DATES: Effective January 4, 2010 through June 2, 2010.
ADDRESSES: Copies of the final regulatory flexibility analysis (FRFA)
may be obtained from Karla Gore, Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL 33701.
FOR FURTHER INFORMATION CONTACT: Karla Gore, telephone: 727-551-5753,
fax: 727-824-5308, e-mail: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery off the southern
Atlantic states is managed under the Fishery Management Plan for the
Snapper-Grouper Fishery of the South Atlantic Region (FMP). The FMP was
prepared by the Council and is implemented under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
On July 6, 2009, NMFS published the proposed temporary rule and
requested public comment (74 FR 31906). The rationale for these interim
measures is provided in the preamble to the proposed temporary rule and
is not repeated here.
Comments and Responses
A total of 1,151 comments were received on the proposed interim
rule from the public, state and county agencies, and non-governmental
organizations. Of these comments 1,102 expressed general opposition to
the proposed interim measures (1 comment included a petition with over
24,000 signatures), and 27 comments expressed general support (1
comment included a petition with 808 signatures). Other comments
provided specific concerns related to the interim rule and are
addressed below. Twenty-two comments were received that were unrelated
to the scope of this action and are therefore not addressed. The
following is a summary of the comments received and NMFS' responses.
Economic Comments
Comment 1: Two hundred sixty nine comments were received expressing
concern that the management measures proposed in the interim rule would
cause economic hardship on the commercial, recreational and for-hire
sectors, and would have negative consequences on the tourism industry
and affected communities. One hundred forty five comments were received
stating that the proposed interim rule would eliminate important
recreational opportunities in the southeast and would cause hardship to
individuals who enjoy recreational fishing opportunities for
relaxation, fun, and family time.
Response: NMFS recognizes the prohibition on the harvest,
possession, and sale of red snapper will have immediate, short-term,
negative socioeconomic effects on the fisheries and communities of the
South Atlantic region. However, the Council was notified by NMFS on
July 8, 2008, that red snapper in the South Atlantic region are
undergoing overfishing and are overfished according to the current
definition of the minimum stock size threshold. The Council must take
action to end overfishing within 1 year of receiving notification that
a stock is overfished or undergoing overfishing. In March 2009, the
Council requested NMFS implement a prohibition on the harvest and
possession of red snapper through interim measures, while the Council
completes Amendment 17A. NMFS prepared an Initial Regulatory
Flexibility Analysis (IRFA) to analyze the economic impacts of the
proposed rule on small entities, including commercial fishermen,
charter vessels, and headboats. A summary of the IRFA was included with
the proposed rule. A Final Regulatory Flexibility Analysis (FRFA)
accompanies this final rule and considers the comments received on this
action. A Regulatory Impact Review has also been prepared that provides
analyses of the social and economic impacts of each alternative to the
nation and the fishery as a whole. This analysis was also included in
the Environmental Assessment (EA) prepared for this action.
The economic analysis indicates the interim rule would have the
most negative short-term effects on communities which target red
snapper exclusively. The measures proposed in the interim rule, as well
as previous and subsequent management measures, are necessary to
address overfishing of snapper-grouper species. Without these measures,
long-term management of the fishery may become more restrictive to the
fishermen and more burdensome on the agency.
The interim rule implements a prohibition on the harvest,
possession and sale of red snapper for 180 days (with the possibility
of extending the prohibition for an additional 186 days). During this
time, fishing for other snapper-grouper species, in accordance with
current fishery regulations, would still be allowed.
Comment 2: Fifteen comments were received stating that an economic
analysis was needed to determine the level of economic impacts the
proposed interim measures would have on the snapper-grouper fishery.
One hundred eighty four comments were received that stated the economic
analysis that was included in the Environmental Assessment was
inadequate.
Response: NMFS believes that an adequate economic analysis has been
performed assessing the impacts of the proposed interim measures. An
economic analysis on the impacts of the proposed interim rule was
included in the EA. NMFS prepared an IRFA to analyze the economic
impacts of the proposed rule on small entities, including commercial
fishermen, charter vessels and headboats. A summary of the IRFA was
included with the proposed rule. A FRFA accompanies this final rule and
considers the comments received on this action. A Regulatory Impact
Review has also been prepared that provides analyses of the economic
benefits and costs of each alternative to the nation and the fishery as
a whole. This analysis was included in the EA prepared for this action.
Comment 3: Nineteen comments were received that stated that the
proposed interim rule will severely impact the charter (for-hire)
fishing sector and will cause the for-hire clients to lose a source of
recreational opportunity.
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Response: The economic impacts of this interim rule are expected to
be greatest in private, charter, and headboat sectors in Florida. On
average, red snapper is the third most important species in terms of
the number of fish caught on private and charter trips, and the
fifteenth most important species in terms of the number of pounds of
fish harvested on headboat trips. Thus, most of the historic trips that
had previously targeted red snapper would be expected to continue to be
taken but would target other species. The negative impacts associated
with this interim rule as well as the impacts from previous and future
management measures, are necessary to address overfishing of snapper-
grouper species. A complete economic analysis of the proposed action
can be found in the EA prepared for this action. A FRFA accompanies
this final rule and considers the comments received on this action.
Without these interim measures, long-term management of the fishery may
become more restrictive to fishermen and more burdensome on the agency.
Additionally, the action proposed by the interim rule is temporary and
will be replaced by long-term management measures analyzed in Amendment
17A, that are intended to end overfishing of red snapper.
Comment 4: Four comments were received on the cumulative impacts of
the recently implemented Amendment 16; the red snapper interim rule;
Amendment 17B, which will set annual catch limits and accountability
measures for snapper-grouper species experiencing overfishing; and
Amendment 17A, which will establish long-term management measures for
red snapper. The comments indicated the combination of these amendments
and management measures will have severe economic and social impacts
for the commercial, headboat, charter, and recreational fisheries and
their communities.
Response: The cumulative impacts of the interim rule were described
and analyzed in the cumulative effects analysis (CEA) of the EA. The
CEA takes into consideration past, current and reasonable foreseeable
management actions. Amendments 17A and 17B are being developed by the
Council, and it is difficult to determine when they will be
implemented, if approved by the Secretary of Commerce. At this time, it
is not possible to determine the economic and social impacts from these
draft amendments. However, Amendments 17A and 17B will include a
cumulative effects analysis, as did those recently implemented (i.e.
Amendment 16, Amendment 15B). Furthermore, the management measures in
Amendments 17A and 17B will consider the effects of management measures
being implemented through other amendments to the FMP.
Comment 5: Seventeen comments were received that stated the
proposed interim measures would result in looking to foreign markets
for our fresh seafood supply rather than purchasing seafood locally.
Response: According to commercial logbook trip reports from 2003-
2007, red snapper was the primary source of trip revenue on an average
of 163 trips per year, and a lesser source of trip revenue on 1,222
trips per year. Most of the trips in which red snapper was not the
primary source of trip revenue are expected to remain profitable even
when the harvest of red snapper is prohibited. With a 6-month closure,
a 1.41-percent reduction in net operating revenue would be expected.
Therefore, the proposed interim measures would not be expected to cause
an increased dependence on foreign markets to supplement fresh seafood
supply.
Data Comments
Comment 6: One hundred seventy six comments were received stating
that the data used to make the overfishing determination are flawed.
Specific comments regarding the nature of the ``flawed'' data suggested
the data used in the assessment were old; release mortality was
estimated based on one study involving 31 fish from one trip conducted
in the Gulf of Mexico; release mortality estimates used in the
assessment are based on bad data; recreational data from the Marine
Recreational Fisheries Statistics Survey (MRFSS) are unreliable; and
the science and statistical models that were used to generate
management actions failed peer reviews of the National Academy of
Science. Many individuals suggested the interim rule should not be
approved and NMFS should wait until better data become available before
making any management decisions.
Response: A new stock assessment was completed for red snapper
through the Southeast Data, Assessment and Review(SEDAR) process in
2008 using data through 2006. The assessment (SEDAR 15) found that the
South Atlantic red snapper stock is overfished and currently undergoing
overfishing. Data used for the assessment consisted of records of
commercial catches provided by dealer and fishermen reports since the
1940s, headboat fishery catch records from the Southeast Headboat
Survey since 1972, and recreational catch records from the MRFSS since
1981. Also included are U.S. Fish and Wildlife Service recreational
fisheries surveys from 1960, 1965, and 1970. Landings and effort
information are provided by dealer and fishermen reports and surveys.
Information on catch lengths and ages is provided by fishing port
sampling programs that support the catch statistics programs.
Information on biological characteristics, such as age, growth, and
reproduction, is provided by various research studies. All of the data
used in the assessment are described in the SEDAR 15 red snapper stock
assessment report available on the SEDAR Web site at http://www.sefsc.noaa.gov/sedar/. The SEDAR Web site also provides extensive
supporting documentation that describes data collection programs and
research findings.
SEDAR is a cooperative Fishery Management Council process initiated
in 2002 to improve the quality and reliability of fishery stock
assessments in the South Atlantic, Gulf of Mexico, and US Caribbean.
SEDAR is managed by the Caribbean, Gulf of Mexico, and South Atlantic
Regional Fishery Management Councils in coordination with NMFS and the
Atlantic and Gulf States Marine Fisheries Commissions. SEDAR seeks
improvements in the scientific quality of stock assessments and greater
relevance of information available to address existing and emerging
fishery management issues. SEDAR emphasizes constituent and stakeholder
participation in assessment development, transparency in the assessment
process, and a rigorous and independent scientific review of completed
stock assessments. SEDAR is organized around three workshops. The first
is a data workshop where datasets are documented, analyzed, and
reviewed and data for conducting assessment analyses are compiled. The
second is an assessment workshop where quantitative population analyses
are developed and refined and population parameters are estimated. The
third is a review workshop where a panel of independent experts reviews
the data and assessment and recommends the most appropriate values of
critical population and management quantities. All SEDAR workshops are
open to the public. Public testimony is accepted in accordance with
each Council's Standard Operating Procedures. Workshop times and
locations are noticed in advance through the Federal Register.
The data and models used in the red snapper stock assessment were
not subject to peer reviews by the National Academy of Science. The
findings and conclusions of each SEDAR workshop
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are documented in a series of reports, which were ultimately reviewed
and discussed by the Council and their Science and Statistical
Committee (SSC). The stock assessment found red snapper is experiencing
overfishing and is overfished. At its June 2008 meeting, the SSC
determined the results of the red snapper assessment are based upon the
best available science. Additionally, the Southeast Fisheries Science
Center certified the red snapper environmental assessment and proposed
management measures are based upon the best available science.
SEDAR 15 evaluated findings from numerous studies to estimate
release mortality of red snapper. One of the studies reviewed at the
data workshop provided discard information for many snapper-grouper
species on multiple trips during a 6-month period in the South
Atlantic, which included 73 red snapper; 31 of which were released.
After examining the results from the many different release mortality
studies, the expert scientific opinion at the SEDAR 15 red snapper data
workshop recommended the release mortality should be set at 40 percent
(a range of 30 to 50 percent to account for uncertainty) for the
recreational sector, and 90 percent (a range of 80 to 100 percent to
account for uncertainty) for the commercial sector. Discard mortality
was evaluated through sensitivity runs and did not result in any
significant changes in the fishing mortality or abundance estimates.
Comment 7: One hundred eighty four comments were received that
indicated the red snapper fishing in the South Atlantic during the last
few years is ``better than ever before'' and management measures appear
to be working. Since the stock appears to be doing so well, commenters
stated the data used to make the overfishing determination are flawed.
Response: Management measures may be partially responsible for the
increase in red snapper landings since the size and bag limits were
implemented for red snapper in 1992. However, this increase is quite
small compared to large reductions in landings that occurred prior to
1992. Many fishermen have testified during public hearings and scoping
meetings that they are catching more red snapper in recent years,
especially those fishing off the coast of Georgia and northeast
Florida. Observations by fishermen are confirmed by landings data
showing a spike in the regulatory discards in 2007 and a doubling of
the landed catch in 2008, which suggests a strong year class appears to
have entered the fishery.
Red snapper are vulnerable to overfishing because they live for
more than 50 years. They grow quickly during the first 10 years of life
reaching 20 inches (50.8 cm) total length by age three. Therefore, a
very strong year class in 2005 or 2006 could result in a large number
of red snapper greater than 20 inches (50.8 cm) total length in 2009.
Furthermore, some red snapper greater than 20 lb (9.07 kg) would not be
unexpected since the stock assessment indicated there were strong year
classes in 1998 and 1999 and red snapper approach their maximum size by
age 10. Older fish are generally represented by larger size classes;
however, due to the rapid growth of red snapper, and because red
snapper approach their maximum size by age 10, length is not always a
good indicator of age. For example, a 5-year-old fish can range in
length from 13 inches (33.02 cm) total length to 32 inches (81.28 cm)
total length; while the age of a 32-inches (81.28-cm) total length red
snapper can range from 5 to more than 50 years.
Despite good recruitment, the age structure of the population
remains truncated. Red snapper live to at least 54 years of age, but
the assessment indicates only a small percentage of the population was
estimated to be age 10 or older in recent years. Furthermore, samples
provided by fishermen in 2009 also indicates most of the red snapper
they were catching were young fish. Therefore, there is a need to
protect this strong year class and future year classes to help the
stock rebuild more quickly.
Red snapper are being caught before they become old enough to reach
their peak reproductive and biomass levels. Although the 20-inch (50.8-
cm) size limit (currently in place) allows some fish to spawn before
they become vulnerable to harvest, these younger, mostly first-time
spawners are less productive and weigh much less than the older and
heavier fish.
Comment 8: One comment stated the stock assessment wrongly assumes
that the red snapper population was ``virgin'' or in an ``unfished
condition'' beginning in 1945. Records indicate that the red snapper
stock has been commercially fished and shipped to large cities as early
as 1879.
Response: While the stock assessment uses data from 1945 onward, it
does not disregard the fact that the red snapper fishery likely
operated prior to 1945. Scientists at the SEDAR 15 data workshop for
the red snapper stock assessment were in agreement that the red snapper
stock was operating at a level of ``light exploitation'' by 1945. The
assessment assumed fishing for red snapper was taking place in 1945 and
provides landings going back as far as 1927. The assessment assumed
that in 1945, the population was at 75 percent of a virgin or unfished
population.
Comment 9: One comment was received stating that NMFS failed to
accurately characterize the proper locations of the spawning
aggregations. Methods to measure spawning aggregations on a routine
basis need to be developed such as commercial and recreational fishing
boats as platforms for acoustic surveys and sub-sampling acoustic
targets.
Response: The Southeast Fisheries Science Center (SEFSC) is
developing a fishery independent monitoring plan designed for all
snapper-grouper species including red snapper. The plan will consider a
broad range of methods to track changes in the snapper-grouper stocks
and characterize aspects of life history and behavior, including
documenting locations of spawning aggregations, and hopefully a better
understanding of the spatial dynamics of many snapper-grouper species.
There are grant opportunities for fishermen to conduct research such as
those proposed. At the Federal level in the South Atlantic, there are
opportunities for funding through the Cooperative Research Program
(CRP), Marine Fisheries Initiative (MARFIN), and Saltonstall-Kennedy
(S-K), which traditionally utilize varying levels of industry
collaboration with scientific investigators. CRP has the most industry
involvement by design. For further information regarding these projects
visit http://sero.nmfs.noaa.gov/grants/grants.htm.
Comment 10: Three comments stated the SEDAR 15 stock assessment
results seem to indicate large red snapper ``age 10 and older are
practically non-existent in the population.'' However, in the past
several months fishermen have landed and analyzed the otoliths of red
snapper that are older than 10-years. NMFS estimated a total of only
5,000 large red snappers from North Carolina to the Florida Keys. It
would not be possible to find red snapper older than age 10 if the
stock assessment information from NMFS is accurate.
Response: The SEDAR 15 assessment predicted a small proportion of
the landed red snapper are greater than age 10, but it does not
indicate fish greater than age 10 are non-existent. There is
variability in the age estimates from the stock assessment. However,
both the assessment and the recent samples provided by fishermen
indicate the red snapper population is dominated by individuals under
the age of 10. Given that the population is capable of reaching age 50
or greater, this is a sign
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of sustained and persistent overfishing. The assessment predicts, and
samples provided by fishermen indicate, there are currently some 9- and
10-year-old red snapper; however, both the assessment and recent
samples provided by fishermen indicated there are some 10- to 20-year-
old fish but there are few 20-, 30-, and 40-year-old fish. Encountering
increasing numbers of fish age 10 to 12 in 2009 is not unexpected
because the 1997-1999 year classes estimated in the stock assessment
were the last strong year classes prior to the recent 2005-2006 strong
year class. In a healthy red snapper population, a greater proportion
of red snapper would be expected to be older than 10 years than what
has been estimated by the assessment or illustrated in recent samples
collected by fishermen. The assessment supports that the size limit
helped the population improve, but it is still a long way from being
recovered.
Comment 11: Three commenters stated that the dockside sampling in
the important Mayport, FL area has been severely deficient. Further,
age sampling was biased towards smaller fish since most of the samples
were obtained from recreational fishermen. The commenters suggested the
deficiency calls into question the validity of the entire data set used
in SEDAR 15 assessment that produced the finding of a truncated fish
population.
Response: Otolith-based age data used in the SEDAR 15 red snapper
stock assessment were provided by NMFS and the South Carolina
Department of Natural Resources (SCDNR). NMFS data were collected from
the U.S. South Atlantic commercial (n=1,208) and recreational fisheries
(n=5,099) during 1977 2006. Approximately 80 percent of the otoliths
processed by NMFS were from north Florida including the area of
Mayport, FL. SCDNR data were collected from 1980 2006 and included
samples from the U.S. South Atlantic commercial fishery (n = 612) as
well as the SCDNR's Marine Resources Monitoring Assessment and
Prediction (MARMAP) fishery-independent survey (n = 405). SCDNR
obtained samples from red snapper caught throughout the South Atlantic
(FL to NC) with approximately 25 percent of the commercial samples from
north Florida. The proportion of fishery-dependent samples obtained
from the commercial (24 percent) and recreational (76 percent) sectors
is similar to the percentage of red snapper harvested in the commercial
(25 percent) and recreational (75 percent) sectors during 2004-2008.
The combined samples yielded a total of 7,324 red snapper age
estimates. Red snapper are currently being sampled from north Florida
by the SEFSC.
Comment 12: One comment was received stating that a document
provided at the data workshop for the Gulf of Mexico red snapper stock
assessment indicated that red snapper are capable of moving large
distances. This demonstrates an intermixing potential of red snapper
from the two different Council regions. Genetic differences between the
Gulf of Mexico and the United States east coast regions were not
considered in the South Atlantic red snapper assessment.
Response: Genetic differences between red snapper harvested in the
Gulf of Mexico and South Atlantic were discussed at the SEDAR 15 red
snapper data workshop and are addressed in the SEDAR 15 stock
assessment. Information provided in the stock assessment indicates
there is no published evidence to date for separate Gulf of Mexico and
Atlantic coast genetic populations. The assessment cites a study which
concludes that red snapper constitute a single genetic population from
Yucatan Peninsula, to the northern Gulf of Mexico, to the east coast of
Florida. However, tagging studies conducted in the Gulf of Mexico
provide no evidence of red snapper movement between the Gulf of Mexico
and the Atlantic coast and supports management of red snapper in two
regions as separate stocks.
Comment 13: Five commenters stated that the red snapper stock
assessment should be redone and address the issues raised by Dr. Frank
Hester including availability of older/larger red snapper to fishing
gear (selectivity). These points concern: lack of a dome-shaped
selectivity function for the recreational sector; additional estimates
of natural mortality; lack of fecundity data available for the
assessment; use of Virtual Population Analysis (VPA) instead of a
forward projection model to determine stock status; and use of data
from the Fish and Wildlife Survey (FWS).
Response: The SEDAR 15 stock assessment assumed a flat-topped
selectivity for the recreational sector where red snapper become more
available to fishing gear in the first few years as they grow and then
remain equally available to fishing gear for the remainder of their
life. Dr. Hester indicated the assessment should consider that older/
larger red snapper might not be as easily caught by recreational
fishing gear as younger/smaller fish (i.e. dome-shaped selectivity). In
response to Dr. Hester's comment, the SEFSC conducted three sensitivity
runs for the SEDAR 15 red snapper stock assessment that included
variations of dome-shaped selectivity. The first sensitivity run,
assumed no red snapper older than age 10 were caught by fishing gear
throughout the time period addressed by the assessment (1945 to 2006).
This is not a realistic sensitivity run because fishermen have caught
red snapper greater than age 10. In the second application, the shape
from the first sensitivity run was applied to both headboat and general
recreational fishing in the early time period (1945 1983), and in later
periods (1984 1991 and 1992 2006), and dome-shaped selectivities were
estimated (separately for each period) where the ability to catch red
snapper gradually decreased as fish got older. The third application
was similar to the second, but differed by applying the estimated
selectivity of the middle time period to the early time period. Under
all three sensitivity runs, red snapper was overfished and experiencing
overfishing; however, the magnitude of harvest reduction differed among
the runs. The SEDAR 15 review workshop considered flat-topped
selectivity, where all older/larger fish could be caught by fishing
gear, as most likely for the commercial sector because commercial
fishermen have an economic incentive to catch large fish, and the
commercial sector fishes in depths and areas where the oldest and
largest red snapper exist. Commercial fishermen also fish in waters
deeper than where red snapper occur, suggesting that the complete depth
range of red snapper is covered by this sector. Anecdotal information
from reports from fishermen off the coast of northeast Florida suggests
that larger red snapper tend to move inshore during June to September
into depths as shallow as 60 to 90 ft (18.3 to 27.4 m), which further
supports a flat-topped selectivity because larger red snapper would be
available to recreational fishermen who fish close to shore. Comparison
of the age structure in the commercial and recreational sectors reveals
almost identical selectivity patterns, suggesting dome-shaped
selectivity might not be appropriate for the recreational sector
because it appears that older larger red snapper are as available to
the recreational sector as for the commercial sector, for whom flat-
topped selectivity seems likely.
Natural mortality of red snapper was estimated using several
methods and is documented in the SEDAR 15 report. Natural mortality of
red snapper was estimated to be 0.078 using the regression model
reported by Hoenig (1983). Natural mortality was also
[[Page 63677]]
estimated using a variety of models based on von Bertalanffy growth or
reproductive parameters. The SEDAR 15 data workshop recommended the
Lorenzen age-specific model for estimates of natural mortality for Ages
1+.
The stock assessment used available life history information
relying on mature biomass as a measure for reproductive potential.
Fecundity data are seldom available for snapper-grouper stocks and,
therefore, have been infrequently used in stock assessments.
SEDAR seldom uses VPA because VPA models require a complete catch-
age input and apply an assumption that the catch is measured without
error. Most stocks managed by the Council have only a short or
intermittent time series of age observations adequate for constructing
catch at age, and it is widely accepted that key catch sectors have
considerable error in their catch estimates. The forward projection
model as used in SEDAR 15 for red snapper is state of the art and has
been extensively reviewed by independent peer review panels.
An examination of the red snapper age and length composition
indicated that the population was already impacted by fishing by the
time the biological sampling began in the 1970s. The most likely
explanation for this is the large catches occurring prior to the 1970s,
which is supported by the fact that the highest recorded commercial
catches of red snapper occurred during the 1950s and 1960s. Both
commercial and recreational red snapper fisheries were operating prior
to the 1970s; however, information on the recreational catch levels for
this time period is uncertain. The only estimate of recreational
catches during this period comes from the FWS data. At the SEDAR 15
assessment workshop, the panel recognized that recreational fishing
occurred prior to the 1970s and that including the FWS data improved
model performance in terms of fit and residual patterns. As a result,
the SEDAR assessment workshop decided to include the FWS data in the
analysis. However, appreciating the uncertainty associated with the
historical recreational catch of red snapper, sensitivity runs of the
stock assessment model were also conducted and analyzed by the SEDAR 15
assessment workshop participants. These sensitivity runs included
assumptions of: (1) very low recreational catches, and (2) half of the
values from the FWS survey. The inclusion or exclusion of the FWS data
did not impact the SEDAR assessment workshop's conclusions on the
stock's status.
Comment 14: Two comments stated that a huge source of mortality is
``regulatory discards'' caused by the Council increasing the minimum
size from 12-inches (30.5 cm) total length to 20 inches (50.8 cm) total
length in 1992. The main cause of the post-release mortality is due to
hooking injuries for red snapper below minimum sizes according to the
2004 Burns et al. study.
Response: NMFS recognizes that the discard mortality of red snapper
is high. The Council is developing alternative long-term management
measures in Amendment 17A that consider release mortality of red
snapper and minimizing injuries due to hooking.
Comment 15: Three commenters stated that the SEDAR process should
be more open and inclusive, including making working documents
available on the website, encouraging better stakeholder participation
through invitation or announcement, using more modeling choices from
the ``NMFS toolbox'' for comparative purposes, and utilizing a truly
independent review from a group like the National Research Council.
Additionally, the SEFSC head scientist should attend every SEDAR
workshop to help improve the work effort.
Response: SEDAR is a cooperative Fishery Management Council process
initiated in 2002 to improve the quality and reliability of fishery
stock assessments in the South Atlantic, Gulf of Mexico, and US
Caribbean. SEDAR is managed by the Caribbean, Gulf of Mexico, and South
Atlantic Regional Fishery Management Councils in coordination with NMFS
and the Atlantic and Gulf States Marine Fisheries Commissions. SEDAR
seeks improvements in the scientific quality of stock assessments and
greater relevance of information available to address existing and
emerging fishery management issues. SEDAR emphasizes constituent and
stakeholder participation in assessment development, transparency in
the assessment process, and a rigorous and independent scientific
review of completed stock assessments. SEDAR is organized around three
workshops. The first is a data workshop where datasets are documented,
analyzed, and reviewed and data for conducting assessment analyses are
compiled. The second is an assessment workshop where quantitative
population analyses are developed and refined and population parameters
are estimated. The third and final is a review workshop where a panel
of independent experts reviews the data and assessment and recommends
the most appropriate values of critical population and management
quantities. All SEDAR workshops are open to the public. Public
testimony is accepted in accordance with each Council's Standard
Operating Procedures. Workshop times and locations are noticed in
advance through the Federal Register.
Comment 16: One comment was received stating that the MARMAP
offshore sampling program is deficient in that it is conducted in a
random manner. The red snapper sampling program failed to sample at
artificial reef locations, at marine protected areas or any marine
closed area. To only sample the natural bottom area produces a
distorted, truncated assessment.
Response: The SEDAR 15 red snapper data workshop considered several
indices of population abundance from fishery-dependent and fishery-
independent sources for use in the forward projection stock assessment
model. The SEDAR 15 stock assessment for red snapper did not use an
abundance index from the MARMAP offshore fishery-independent sampling
program. The fishery-independent MARMAP program has been sampling
snapper-grouper species in offshore waters of the South Atlantic since
1972. However, red snapper has been sampled in low numbers by MARMAP
sampling gear. Therefore, the data workshop recommended MARMAP gear
types not be used to develop an index of abundance for red snapper off
the southeastern U.S. Gear types and sampling methodology used by
MARMAP are not specifically designed to sample red snapper populations.
Instead, they are intended to monitor abundance of those snapper-
grouper species available to the gear types. The MARMAP program employs
a random-stratified sampling design that includes artificial reef and
marine protected areas. If samples are not collected randomly from a
population then the sampling design would be deficient, population
estimates would be biased, and the program would not be scientifically
sound. The SEFSC is developing a fishery-independent monitoring program
specifically designed to sample snapper-grouper species including red
snapper.
Comment 17: One commenter stated that weak and strong spawning
stocks are a fact of life that management does not recognize.
Identifying the spawning stocks, estimating their biomass and age
structure, and documenting their fidelity in time and space are keys to
fitting the management to the fishery in the future.
[[Page 63678]]
Response: Management for species such as red snapper is usually
based on the results of stock assessments. Stock assessments take into
account year class variability, and there are data suggesting a recent
strong year class of red snapper. By implementing management measures
to protect this strong year class, rebuilding of the red snapper stock
would likely be enhanced.
Other Comments
Comment 18: Five comments were received that stated that NMFS
should make an effort to explain the current regulations and future
proposed regulations to the affected fishery participants.
Response: NMFS communicates with constituents regarding proposed
new fishing regulations using the Council process, which includes
public Council meetings and public comment periods. NMFS also
communicates with constituents about the current regulations via
regular mail, email, Federal Register notices, and websites.
Comment 19: Seventy comments were received stating that the
commercial fisheries are responsible for the overfishing of red
snapper, and management measures should be focused on the commercial
fisheries rather than the recreational fisheries. Some fishermen
reasoned that recreational fishermen do not contribute to overfishing
of red snapper due to recreational bag limits which allow only two fish
per person and therefore do less damage to the stock than the
commercial fishermen.
Response: The stock assessment indicates red snapper is overfished
and experiencing overfishing. While the recreational bag limits exist
to restrict the number of red snapper taken by recreational fishermen,
the number of red snapper taken by the recreational sector in 2008 was
far more than the amount taken by the commercial fleet. Commercial
catch is responsible for about 20 to 25 percent of the total red
snapper landings. Therefore, overfishing would continue if management
measures were only applied to the commercial sector. The measures
proposed in the interim rule would apply to the commercial and
recreational sectors to address overfishing of red snapper while long-
term measures are being developed in Amendment 17A to the FMP.
Comment 20: Two hundred fifty eight comments were received stating
that the rock shrimp fishery is responsible for the overfishing of red
snapper, and management measures should be focused on the commercial
fisheries rather than the recreational fisheries.
Response: No evidence exists that the rock shrimp trawl fleet
captures juvenile red snapper. During 2001-2006, NMFS initiated
observer coverage of the rock shrimp fishery in the U.S. southeastern
Atlantic (east coast). The primary objective of this effort was to
estimate catch rates for target and non-target species. Results of this
study show rock shrimp comprised 16 percent of the total catch,
followed by dusky flounder (13 percent), inshore lizardfish (11
percent), iridescent swimming crab (7 percent), longspine swimming crab
(6 percent), spot (5 percent), blotched swimming crab and brown shrimp
(3 percent each), and horned searobin and brown rock shrimp (2 percent
each). Other finfish species were rock sea bass, bluespotted searobin,
red goatfish, and lefteye flounder. Most of these species, with the
exception of spot, are not targeted in commercial or recreational
fisheries. A summary of bycatch issues for the rock shrimp fishery and
a report on the above study can be found in Amendment 7 to the FMP for
the Shrimp Fishery of the South Atlantic Region.
Confusion about rock shrimp bycatch likely results from evidence
that the fishery for penaeid shrimp (pink, white, and brown shrimp) in
the Gulf of Mexico catches a high level of juvenile red snapper.
However, no evidence exists that the penaeid shrimp fishery in the
South Atlantic has the same level of red snapper catch. In fact, the
Southeast Area Monitoring and Assessment Program-South Atlantic Coastal
Survey has not caught any red snapper during shallow water trawl
studies since 2007, and no more than two red snapper in any year during
1995-2007.
Comment 21: Seventy comments were received stating that commercial
longline fishermen were responsible for red snapper overfishing. The
commenters indicated that commercial longline should be eliminated.
Response: Landings of red snapper taken with bottom longline is
extremely small. Use of bottom longline for fishermen who possess
Federal commercial snapper-grouper permits is restricted to depths
greater than 50 fathoms or 300 ft (91.44 m) where red snapper
infrequently occur. Furthermore, harvest by bottom longline fishermen
who possess Federal commercial snapper-grouper permits is restricted to
deep water snapper-grouper species with a small allowable bycatch limit
for other snapper-grouper species.
Bottom longline gear is also used in the shark fishery. Analysis of
observed bottom longline sets from 1994 to 2006 suggested the impact on
the snapper-grouper fishery with this gear type appeared to minimal.
During the 13 year period, there were observed catches of tilefish and
grouper species with shark bottom longline; however, there were no
observed catches of red snapper with this gear.
Pelagic longline is used in deeper water where red snapper do not
occur and usually does not impact the bottom. Therefore, it is unlikely
that snapper-grouper bottom longline, shark bottom longline, or pelagic
longline has much impact on the status of red snapper.
Comment 22: Eighty-three comments received were in opposition to a
complete closure of red snapper but would consider alternate management
measures.
Response: An option was considered to close red snapper for four
months. However, NMFS determined that a prohibition on the harvest,
possession and sale of red snapper for 180 days (with the possibility
of extending the prohibition for an additional 186 days) would reduce
red snapper overfishing better than a four-month closure. The action
proposed by the interim rule is temporary and will be replaced by long-
term management measures intended to end overfishing of red snapper,
which are currently under development in Amendment 17A to the FMP.
Comment 23: Three comments were received stating that spear-
fishermen should be allowed to continue fishing for red snapper.
Response: Under interim measures, NMFS must implement measures to
reduce overfishing. In this case, a prohibition on the harvest,
possession and sale of red snapper will result in the greatest benefit
to the red snapper population. However, even this reduction will not be
enough to end overfishing of red snapper. The intent of the interim
rule is to reduce fishing pressure on red snapper to the greatest
extent possible while long-term measures to end overfishing of the
stock are being developed in Amendment 17A to the FMP.
Comment 24: Eight comments were received stating the desire to
``Keep Ocean Fishing.''
Response: The interim rule would implement a prohibition on the
harvest, possession and sale of red snapper for 180 days (with the
possibility of extending the prohibition for an additional 186 days).
During this time fishing for other species (i.e. snapper-grouper,
mackerel, etc.), in accordance with current regulations, would still be
allowed.
Comment 25: Six comments were received expressing support for the
creation of new artificial reefs to create more habitat for red
snapper.
[[Page 63679]]
Response: Some studies suggest artificial reefs increase
populations of red snapper while others suggest artificial reefs
attract fish. As artificial reefs are usually well marked, the stock
could be negatively impacted by making large concentrations of red
snapper more accessible to fishermen. Regardless, the reduction needed
to end overfishing and rebuild the population of red snapper would not
be achieved by only creating more artificial reefs.
Comment 26: Ten comments were received stating that the red snapper
interim rule would not be needed if there was better enforcement of
current regulations.
Response: Red snapper is undergoing overfishing and requires a
substantial reduction in total removals to end overfishing. Even with
100-percent compliance with the current regulations, fishing pressure
on red snapper could not be reduced to the level needed to end
overfishing. New management measures are needed to address overfishing.
Comment 27: One comment was received that stated the measures
proposed in the interim rule would not be enough to help the red
snapper population and more comprehensive measures would be needed.
Response: The Council is currently developing Amendment 17A to the
FMP, which will include long-term management measures sufficient to end
overfishing of red snapper in the South Atlantic. Amendment 17A will
analyze a suite of management measures, including some that are more
restrictive than those being implemented by the interim rule.
Comment 28: Forty two comments were received stating that the
proposed interim measures are political in nature and are being
encouraged by big business (fish farms, foreign fisheries) or non-
governmental organizations.
Response: The interim rule was requested by the Council to reduce
overfishing of red snapper while long-term management measures to
prevent overfishing and rebuild the overfished stock are being
developed in Amendment 17A. This interim rule is necessary to comply
with the mandates of the Magnuson-Stevens Act to prevent overfishing
and rebuild overfished stocks. Some non-governmental organizations did
support implementation of the rule as being necessary to prevent
overfishing. No comments on the interim rule were received from
businesses such as fish farms, and no comments were received from
representatives of foreign fisheries.
Comment 29: Seventeen comments stated foreign fishing would target
red snapper in domestic waters if fishing for red snapper is
prohibited.
Response: The Magnuson-Stevens Act empowers the Federal government
to regulate fishing in the exclusive economic zone (3 to 200 nautical
miles offshore). After February 28,1977, no foreign fishing is
authorized within the exclusive economic zone unless foreign fishing
meets certain criteria specified in the Magnuson-Stevens Act.
Comment 30: Two comments pointed to the unchecked lionfish
population as a possible cause for the red snapper population decline.
Response: The SEFSC is conducting studies on the lionfish
population and the effects that it may have on other species. At this
time there is no conclusive evidence that the lionfish population has
an impact on the red snapper population.
Comment 31: Five comments were received that oppose the
recreational regulations and point to the unchecked populations of
goliath grouper as they prey on red snapper and other snapper-grouper
species.
Response: The goliath grouper populations are thought to be
increasing and likely prey on snapper-grouper species. However, there
is no evidence that goliath grouper populations are having a negative
impact on populations of red snapper.
Comment 32: Ten comments were received requesting NMFS to abandon
the interim rule and take more time to develop and analyze long-term
management measures in Amendment 17A.
Response: The Council was notified by NMFS on July 8, 2008, that
red snapper in the South Atlantic region are undergoing overfishing and
are overfished according to the current definition of the minimum stock
size threshold. The Council must take action to end overfishing within
one year of receiving notification that a stock is overfished or
undergoing overfishing. In March 2009, the Council requested that NMFS
implement a prohibition on the harvest and possession of red snapper
through interim measures. Amendment 17A is currently under development
and will include long-term management measures to end overfishing of
red snapper in the South Atlantic. However, Amendment 17A is not
expected to be completed until 2010, and there is currently a strong
year class of red snapper in the South Atlantic that appears to be
experiencing heavy fishing pressure. Protection of the large year class
would help to rebuild the stock more quickly.
Comment 33: One comment was received stating an amendment to the
Magnuson-Stevens Act should be made to ``untie the hands of fishery
managers.''
Response: NMFS is mandated to manage the Federal fisheries through
requirements specified by the Magnuson-Stevens Act. Any changes to the
Magnuson-Stevens Act would need to be made by Congress.
Classification
The Administrator, Southeast Region, NMFS, (RA) determined that the
interim measures this final temporary rule will implement are necessary
for the conservation and management of the South Atlantic red snapper
fishery. The RA has also determined that this final temporary rule is
consistent with the national standards of the Magnuson-Stevens Act and
other applicable laws.
This final temporary rule has been determined to be not significant
for purposes of E.O. 12866.
NMFS prepared a FRFA, as required by section 604 of the Regulatory
Flexibility Act, for this final temporary rule. The FRFA incorporates
the initial regulatory flexibility analysis (IRFA), a summary of the
significant issues raised by public comments on the IRFA, NMFS'
responses to those comments, and a summary of the analysis completed to
support the action. A copy of the full analysis is available from NMFS
(see ADDRESSES). A summary of the FRFA follows.
The purpose of this interim rule is to reduce red snapper
overfishing while long-term management measures are developed and
implemented. The Magnuson-Stevens Act provides the statutory basis for
this interim rule.
No public comments were received that raised specific issues on the
IRFA. However, 454 comments were received on the general economic
analysis conducted for the EA of the proposed interim rule. Some of
these comments address issues that are germane to the Regulatory
Flexibility Act (RFA), while others do not. However, while the RFA
pertains to specific economic questions, there is a logical connection
between all economic issues and the nuances of which comments are and
which are not germane to the RFA are not always obvious to the public.
In recognition of these considerations, all of the economic comments
are addressed here.
Four hundred and forty-one of the comments expressed concern over
the magnitude of the likely economic effects of the interim rule; 12
comments asserted that no economic impact study of the expected effects
of the proposed action had been conducted; one comment stated the
analysis was inadequate because it concentrated on
[[Page 63680]]
changes in net operating revenues and ignored the ``collective impact
to the support infrastructure''; two comments stated that the analysis
was inadequate because it was based on ``two charter boats out of the
Gulf''; and one comment stated the estimate of lost income for
headboats was inadequate because it was based on 2003-2007 data, a time
period during which ``included unusually bad weather and a recession.''
Also, although not enumerated, several of the 454 comments on the
general economic analysis stated that the interim rule would completely
prevent them from fishing.
The RFA requires an assessment of the expected direct impacts of
regulatory action on small entities. As explained in the IRFA and
provided below in this classification summary, the small entities that
are expected to be directly affected by this interim rule include only
commercial and for-hire fishing vessels. While different types of
shore-side businesses are also expected to be affected, these would be
indirect effects of the interim rule and, as such, do not fall under
the requirements of the RFA. However, the expected indirect effects of
the interim rule on affected entities were discussed in the EA. The EA
also contained estimates of the expected change in consumer surplus to
recreational anglers. While these would be direct effects, anglers are
not small entities as defined by the RFA and, as a result, these
effects were not included in the IRFA, nor are they further addressed
in this summary.
Details of the expected economic effects of this interim rule on
small entities are provided below. In summary, commercial vessels that
traditionally harvest red snapper are expected to have their net
operating revenues (NOR), trip revenues minus non-labor trip costs,
reduced by an average of $450 per vessel as a result of the
implementation of the interim rule for 6 months, or a total of $1,300
if the interim rule is in effect for a full year. Comparable figures
for headboats are $58,7000 and $132,000, respectively, and $800 and
$1,400 for charter vessels. On average, the expected reduction in NOR
is expected to represent a small portion of total NOR for commercial
and charter vessels because red snapper comprised, on average from
2003-2007, only approximately 3.7 percent of total ex-vessel revenues
by commercial vessels with recorded landings of red snapper harvest,
and available data indicate that red snapper is targeted by less than
one half of one percent of charter anglers. Some individual commercial
or charter vessels are expected, however, to be more dependent on red
snapper, and experience greater than average losses.
Target information for fishermen on headboats is not available and,
as discussed below, the estimates of expected reductions in NOR for
this sector equate to what would occur if all headboat angler trips
(defined as angler days) for vessels in Georgia and northeast Florida
are cancelled. In reality, total cancellation of all trips is not
expected because most fishermen do not target specific species, other
species would continue to be available, and research has indicated a
general willingness to fish for other species when anglers are faced
with zero bag limits for individual species. Nevertheless, actual trip
cancellation cannot be reasonably projected, and the estimates of
potential losses reflect 100 percent of the average NOR for the
respective vessels during the relevant period of closure. As such, they
represent a worst-case scenario. While not explicitly stated, business
failure of affected vessels would be expected if substantial trip
cancellation occurs.
An appropriate model to quantify indirect shore-side effects was
not available at the time the proposed interim rule was prepared, nor
is one currently available. As a result, these effects were only
discussed in a qualitative manner, with the conclusion that shore-side
effects would be dependent on actual rates of trip cancellation, but
may be exacerbated by other economic effects that stem from other
recent fishery regulations and the larger economic recession that has
been in effect. The absence of quantitative estimates, however, did not
preclude or affect the ability to rank the alternatives. In summary,
NMFS does not expect the adverse economic effects on the commercial
fishery and associated businesses to be cumulatively substantial due to
the relatively minor status of the fishery. With regards to the
recreational sector, NMFS agrees that, while the net adverse effects of
the interim rule will depend on the amount of actual trip cancellations
by for-hire (charter and headboat) and private anglers, which target
and harvest data does not suggest will be substantial, the possibility
of large, localized reductions in effort, expenditures, and associated
economic activity exists. However, given the condition of the resource,
other alternatives that would achieve the necessary biological goals
while imposing lower economic costs were not available.
As demonstrated by the information presented above, an economic
analysis of the expected effects of the proposed interim rule was
conducted, and NMFS disagrees with statements that no economic impact
analysis was conducted. Although the Magnuson-Stevens Act uses the term
``economic impacts,'' NMFS guidelines interpret this language as
``economic effects'' and does not require a specific type of analysis.
The analysis conducted for the proposed interim rule examined the
expected change in net economic benefits, consistent with a benefit-
cost analysis framework (which is the recommended technique in formal
economic analysis of Federal regulations), as measured by NOR for
fishing businesses and consumer surplus for anglers, rather than the
effects of changes in expenditure flows through shore-side businesses
and communities. Examination of the effects of changes in these
expenditure flows is commonly referred to as ``economic impact
analysis.'' However, while measures of these effects are informative,
they represent the potential distributional effects of changes in
expenditures (changes in potential jobs supported, taxes generated,
total sales, etc.) and not changes in net economic benefits. These
models also do not capture business profitability or allow the
determination of actual business success or failure. Finally, a model
to estimate the effects of changes in these expenditure flows was not
available. An examination of the effects of the interim rule, and all
fisheries rules, on changes in the NOR of shore-side businesses is
informative to the management process, similar to the analysis of
effects on fishing vessels. However, cost and revenue data for even the
most directly affected businesses, such as fish dealers and bait and
tackle shops, is unavailable.
The discussion in the previous two paragraphs also addresses the
comment that the analysis was inadequate because it concentrated on
NOR. The assessment requirements are that relevant economic effects be
evaluated either quantitatively or qualitatively, to the extent
possible using available information, sufficient to inform the process
and support the identification of the alternative that achieves the
regulatory objective at the lowest economic cost. NMFS believes that
those requirements have been met by the current analysis.
With regards to the comment that the base years used in the
analysis of the headboat sector was inappropriate, while the average
annual amount of headboat effort from 2003-2007 in the areas examined,
approximately 51,000 angler days, is less than the average for 1998-
2002, approximately 55,000 angler days, headboat effort, while variable
[[Page 63681]]
from year to year, has exhibited a declining trend (the 1993-1997
average was approximately 60,000 angler days, while that of 1988-1992
was approximately 97,000 angler days). Further, the general and
continuing economic downturn does not support expectations that
increased headboat effort would be probable. As a result, compelling
evidence does not exist to justify the use of a higher estimate of base
economic activity (angler effort), and even use of the 2003-2007
average annual headboat effort estimates may result in the over-
estimation of likely effects.
Claims that the analysis was based on ``two charter boats out of
the Gulf'' are unfounded. As discussed in the EA, the methodology
employed in the assessment followed the methodology employed in the
evaluation of the expected economic effects of the closure of the
recreational red snapper fishery in the Gulf of Mexico in 2008. That
assessment built upon previous work conducted in support of Amendment
27 to the Reef Fish Fishery Management Plan of the Gulf of Mexico and
which utilized information from a number of sources, the most relevant
of which were two research studies that collectively covered the for-
hire industry from Texas through North Carolina; cost and returns data
collected as an add-on to the Marine Recreational Fisheries Statistics
Survey For-hire Survey, which was collected from for-hire vessels in
Louisiana through Florida (both coasts); and a survey and model that
examined changes in angler target behavior and benefits under
alternative management scenarios. Thus, the information utilized was
drawn from several sources, was certified by the SEFSC as the best
scientific information available and was appropriate for application to
the interim rule.
Finally, comments that the interim rule would prevent recreational
anglers from fishing exaggerate the scope of the rule. Under this
interim rule, or any rule that establishes a zero bag limit, only the
ability to fish for and retain red snapper is affected. No restriction
on continued fishing for other species would be imposed. Fishing for
other species, and the enjoyment it brings, could continue. Children
could continue to experience the joys of learning how to fish, be
taught the environmental ethics of catch and release, and other species
could be retained for consumption. All that would be lost under the
interim rule would be the benefits associated with the targeting,
retention, and consumption of red snapper. While some portion of an
angler's enjoyment is understandably associated with the retention and
consumption of certain species, much of the enjoyment, and possibly
most for many anglers, is expected to be associated with the act of
simply fishing and catching fish, with sufficient satisfaction
remaining when fish must be released to justify continued fishing.
Thus, all customary trips could continue (in number, with appropriate
change in target behavior) under the closure. Only those trips for
which red snapper target and consumptive needs dominate the benefit
stream would be expected to be cancelled. These trips are expected to
be few compared to the total number of trips in the affected area,
resulting in fewer reductions in expenditures, revenues, and economic
activity in associated shore-side businesses. These considerations
apply for recreational trips of all types, regardless of whether they
are private, charter, or headboat trips. As a result, claims that the
interim rule will prevent recreational anglers from fishing, resulting
in substantial reductions in economic activity and widespread business
failure appear exaggerated.
Because of the responses provided here and to other issues raised
by public comment on other aspects of the proposed interim rule, as
detailed in the Comments and Responses section of the preamble, no
changes were made in the final interim rule as a result of such
comments.
This interim rule is expected to directly impact commercial fishing
and for-hire operators. The Small Business Administration has
established size criteria for all major industry sectors in the U.S. 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 a for-hire
business, the other qualifiers apply and the annual receipts threshold
is $7.0 million (NAICS code 713990, recreational industries).
From 2003-2007, an average of 220 vessels per year were permitted
to operate in the commercial snapper-grouper fishery and recorded
landings of red snapper, ranging from a high of 236 vessels in 2003 to
a low of 206 vessels in 2006. Total dockside revenues from all species
on all recorded trips by these vessels averaged $9.78 million (2007
dollars) per year over this period, resulting in a per-vessel average
of approximately $44,500. The highest average revenue per vessel during
this period occurred in 2007 at approximately $54,600. Based on these
average revenue figures, it is determined, for the purpose of this
assessment, that all commercial vessels that will be affected by this
interim rule are small entities.
The harvest of red snapper in the EEZ by for-hire vessels requires
a snapper-grouper charter vessel/headboat permit. From 2003-2007, an
average of 1,635 vessels per year were permitted to operate in the
snapper-grouper for-hire fishery, of which 82 vessels are estimated to
have operated as headboats. The for-hire fleet is comprised of charter
vessels, which charge a fee on a vessel basis, and headboats, which
charge a fee on an individual angler (head) basis. The annual average
gross revenue for charter vessels is estimated to range from
approximately $80,000-$109,000 (2007 dollars) for Florida vessels,
$94,000-$115,000 for North Carolina vessels, $88,000-$107,000 for
Georgia vessels, and $41,000-$50,000 for South Carolina vessels. For
headboats, the appropriate estimates are $220,000-$468,000 for Florida
vessels, and $193,000-$410,000 for vessels in the other states. Based
on these average revenue figures, it is determined, for the purpose of
this assessment, that all for-hire businesses that will be affected by
this interim rule are small entities. The number of for-hire vessels
that are expected to be affected by this interim rule is discussed
below.
Some fleet activity may exist in both the commercial and for-hire
snapper-grouper sectors, but the extent of such is unknown, and all
vessels are treated as independent entities in this assessment.
This interim rule does not establish any new reporting, record-
keeping, or other compliance requirements.
This interim rule is expected to result in a short-term reduction
in NOR to the commercial snapper grouper sector by approximately
$142,000 (2007 dollars). This reduction in NOR would be expected to
increase to a cumulative total of $289,000 if the prohibition is
extended an additional 186 days, resulting in a prohibition for one
full year. An average of 220 commercial vessels per year have recorded
landings of red snapper. This interim rule is expected to result in an
average reduction in NOR of approximately $645 per vessel under a 180-
day prohibition, and approximately $1,300 per vessel if the prohibition
is extended an additional 186 days. Although NOR are not directly
comparable to dock-side revenues, the average annual dock-side
[[Page 63682]]
revenues from all species harvested by vessels with recorded red
snapper harvests is estimated to be approximately $44,500.
For the headboat sector, this interim rule is expected to result in
a short-term reduction in NOR by a maximum of approximately $1.49
million (2008 dollars). This reduction in NOR would be expected to
increase to a cumulative maximum total of $3.96 million if the
prohibition is extended an additional 186 days. Although 82 vessels are
estimated to operate in the snapper-grouper fishery, red snapper target
activity is believed to be concentrated in Georgia and northeast
Florida (Mayport, FL, south through Cape Canaveral, FL) where 16
headboats operate. Approximately 70 percent of all red snapper
harvested (pounds) by the headboat sector from 2003-2007 were harvested
by anglers fishing from this area. The expected maximum reduction in
NOR is based on the assumption that all angler trips on these 16
vessels during the respective period target red snapper and equals the
change in NOR if all these trips are lost. This is considered a worst-
case scenario. An unknown number of these trips will likely not target
red snapper (many anglers fish to catch whatever species is available)
and red snapper has historically comprised only 3 percent of the total
number of fish harvested and 11 percent of the total number of pounds
of fish harvested by vessels in this area. As a result, it is unlikely
that all or necessarily a large portion of these trips will be
canceled. Available data, however, do not support the identification of
more precise estimates of the number of red snapper target trips that
will be expected to be canceled, and the projected estimates of the
expected change in NOR should be considered extreme upper bounds.
Because of the uncertainty associated with the number of affected
vessels and the number of trips that may be canceled, the effective
average reduction in NOR per headboat vessel is difficult to project.
Under the worst-case scenario, the cancellation of all angler trips on
Georgia and northeast Florida vessels (16) will result in a 100-percent
loss of NOR for these vessels during this period of time (180 days), or
approximately 44 percent of annual total NOR ($1.76 million/$3.96
million). However, if the upper bound of effects ($1.76 million) is
assumed to encompass trip cancellation on vessels outside this area, it
is unknown how many additional vessels should be included in the
analysis. The South Carolina headboat fleet, which contains 14 vessels,
accounts for the next highest red snapper harvests after the Georgia
and northeast Florida fleets. If the maximum expected reduction in NOR
is spread over all 30 vessels in these areas, the expected reduction in
NOR will be less than 100 percent of the total annual NOR, and the
average expected reduction in NOR per vessel will be approximately
$49,700. This will increase to a total of approximately $132,000 under
an extension of the prohibition for an additional 186 days. Although
NOR are not directly comparable to gross revenues from for-hire fees,
the average annual gross revenues from for-hire fees is estimated to be
approximately $220,000-$468,000 for Florida headboats and $193,000-
$410,000 for headboats in the other states.
For the charter sector, this interim rule is expected to result in
a short-term reduction in NOR of approximately $156,000 (2008 dollars)
and increase to a cumulative total of approximately $427,000 if the
prohibition is extended an additional 186 days. It is noted that,
although target data are available for the charter sector, trip
cancellation data are not available, and the analysis assumes, similar
to the analysis of the headboat sector, that all charter vessel red
snapper target effort will be cancelled. As in the headboat sector, the
cancellation of all trips that would have targeted red snapper in the
charter sector is unlikely to occur and, as a result, the estimates of
the expected change in NOR in the charter sector likely overestimate
the actual reduction that will occur.
Vessel-level data are unavailable for the charter sector. As a
result, it is not known how many vessels will be affected by this
interim rule. An estimated 1,553 charter vessels are permitted to
operate in the snapper-grouper fishery, which allows these vessels to
harvest red snapper (1,635 total vessels with snapper-grouper charter
vessel/headboat permits, of which 82 are estimated to operate as
headboats). If the proportion of charter vessels that are expected to
be affected by this interim rule is assumed to equal the proportion of
headboats constituting the core red snapper vessels (16 vessels out of
82 headboats, or 19.5 percent), then approximately 303 charter vessels
(19.5 percent of 1,553 vessels) would be expected to be affected. This
would result in an average reduction in NOR of approximately $515 per
vessel, which would increase to a total of approximately $1,400 under
an extension of the prohibition for an additional 186 days. The annual
average gross revenue per charter vessel from charter fees is estimated
to range from approximately $80,000-$109,000 (2007 dollars) for Florida
vessels, $94,000-$115,000 for North Carolina vessels, $88,000-$107,000
for Georgia vessels, and $41,000-$50,000 for South Carolina vessels.
Although all the effects described above are short-term in nature,
due to the limited duration of this interim rule, continued long-term
unquantified adverse economic effects could occur at the individual
vessel and fishery level if the short-term effects result in business
failure.
Three alternatives, including the status quo, were considered for
this interim rule. This interim rule will prohibit the harvest
(retention) and sale of red snapper in the South Atlantic commercial
and recreational fisheries for 180 days, with extension potential for
another 186 days. The first alternative to this interim rule, the
status quo, would not prohibit the harvest and sale of red snapper,
would not reduce overfishing of red snapper while long-term management
measures are developed and implemented, and would not achieve NMFS's
objective.
The second alternative to this interim rule would only establish a
4-month seasonal closure. A 4-month seasonal closure could not be
extended and would not be expected to allow sufficient time for the
development and implementation of long-term management measures to
protect red snapper. As a result, this alternative would not achieve
NMFS's objective.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: November 30, 2009
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 622 is 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. 622.35, paragraph (l) is added to read as follows:
Sec. 622.35 Atlantic EEZ seasonal and/or area closures.
* * * * *
(l) Closure of the commercial and recreational fisheries for red
snapper. The commercial and recreational
[[Page 63683]]
fisheries for red snapper in the South Atlantic EEZ are closed. During
the closure, all fishing for red snapper is prohibited, and possession
or sale of red snapper, harvested during the closure, in or from the
South Atlantic EEZ is prohibited. For a person aboard a vessel for
which a valid Federal commercial vessel permit or charter vessel/
headboat permit for South Atlantic snapper-grouper has been issued, the
provisions of this closure apply regardless of whether the red snapper
were harvested or possessed in state or Federal waters.
[FR Doc. E9-28989 Filed 12-3-09; 8:45 am]
BILLING CODE 3510-22-S