[Federal Register Volume 75, Number 185 (Friday, September 24, 2010)]
[Rules and Regulations]
[Pages 58335-58337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23993]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100713296-0452-02]
RIN 0648-BA06
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Emergency Rule to Authorize
Re-Opening the Recreational Red Snapper Season
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency rule.
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SUMMARY: NMFS issues this emergency rule to authorize the Regional
Administrator, Southeast Region, NMFS (RA) to re-open the Gulf of
Mexico (Gulf) recreational red snapper season after the September 30,
2010, end of the fishing season. NMFS has determined that the
recreational red snapper quota was not met by the 12:01 a.m., local
time, July 24, 2010, closure date. The BP Deepwater Horizon MC252 oil
spill and the associated large-area fishery closure (fishery closed
area) in the north-central Gulf are located where a substantial portion
of the recreational red snapper fishing effort occurs. Therefore, the
Gulf of Mexico Fishery Management Council (Council) requested NMFS
publish this emergency rule. The intent of this rulemaking is to
provide the RA the authority to allow fishermen the opportunity to
harvest the recreational red snapper quota, and to achieve the optimum
yield for the fishery, thus enhancing social and economic benefits to
the fishery.
DATES: This emergency rule is effective September 24, 2010 through
December 31, 2010.
ADDRESSES: Copies of the environmental assessment, the final regulatory
flexibility analysis (FRFA), and the regulatory impact review for this
rule may be obtained from the Southeast Regional Office, NMFS, 263 13th
Avenue S., St. Petersburg, FL 33701; telephone 727-824-5305; fax 727-
824-5308; e-mail [email protected]; or may be downloaded from
the SERO Web site at http://sero.nfms.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Steve Branstetter, 727-824-5796.
SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery is managed under
the Fishery Management Plan for the Reef Fish Resources of the Gulf of
Mexico (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, 16 U.S.C.
1801, et seq. (Magnuson-Stevens Act). The Magnuson-Stevens Act provides
the legal authority for the promulgation of emergency regulations under
section 305(c) (16 U.S.C. 1355(c)).
On August 16, 2010, NMFS published a proposed emergency rule to
grant the RA the authority to re-open the Gulf recreational red snapper
season after September 30, and requested public comment (75 FR 49883).
The rationale for the measures contained in this emergency rule is
provided in the environmental assessment and the proposed emergency
rule and is not repeated here.
Comments and Responses
A total of 139 comments were received on the proposed emergency
rule. A summary of those comments, and NMFS responses, follows.
Comment 1: More than 50 percent of the comments expressed broad
general support re-opening the recreational red snapper fishing season
during 2010 without regard to specific timing. Another 25 percent
specifically expressed support for re-opening later in the year and/or
giving NMFS the authority to re-open the season after the September 30
end of the fishing season. At its August 2010 meeting, the Council
recommended re-opening the recreational red snapper fishing season on
eight consecutive weekends (Friday through Sunday) beginning October 1,
2010. Several comments received after this meeting expressed opinions
regarding weekend openings versus opening during the week as well.
Response: This emergency rule gives the RA the authority to re-open
the recreational red snapper fishing season after September 30, 2010.
Without this rulemaking NMFS is only authorized to re-open the season
through the end of the designated June 1 through September 30 fishing
season. The recreational red snapper quota is established based on an
allowable biological catch level determined from the results of a peer-
reviewed and vetted stock assessment, which is based on the best
scientific information available. This rulemaking will provide the
opportunity for the recreational sector to harvest the remaining quota
and achieve the Council's designated optimum yield (OY) for the
fishery, thus enhancing social and economic benefits to fishermen and
the tourism industries of Gulf coastal communities. The timing and
duration of a re-opening will not affect the goal of harvesting the
allowable catch established in accordance with the red snapper
rebuilding plan, which seeks to achieve OY for the red snapper
component of the reef fish fishery. NMFS will publish an additional
rulemaking specifying the dates of a re-opening.
Comment 2: A few comments suggested that areas that had been open
to fishing during the June 1 through July 23 recreational red snapper
season should remain closed. Any re-opening of the season should be
restricted to those areas that had been closed to all fishing because
of BP Deepwater Horizon MC252 oil spill, but are now re-opened to
fishing.
Response: The recreational red snapper quota is a Gulf-wide quota;
it is not separated into regional components. Current regulations do
not allow NMFS to designate fishing season openings for specific
geographic regions. In addition, many areas are still closed to all
fishing because of the BP Deepwater Horizon MC252 oil spill, and may
not be re-opened to fishing during the recommended eight consecutive
weekend openings. Re-opening the recreational red snapper fishing
season to specific geographic regions would create substantial
regulatory confusion for the public, and increase the difficulty of
enforcement.
Comment 3: A few comments suggested that the recreational red
snapper fishing season should remain
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closed for 2010. It was suggested NMFS should not be authorized to
change the existing regulations intended to protect the red snapper
stock just because the quota was not harvested. It would be
irresponsible to re-open the recreational red snapper fishing season
without first determining the effects of the BP Deepwater Horizon MC252
oil spill to the environment and associated fish stocks. A stock
assessment should be conducted before allowing additional fishing
mortality.
Response: NMFS acknowledges the concern for potential impact to
fishery stocks from the BP Deepwater Horizon MC252 oil spill. Oil from
the spill dispersed on the surface as well as within the water column.
Red snapper spawn during summer and fall. Oil in surface waters could
affect the survival of eggs and larvae; however, if oil has not
dispersed to the ocean floor, the impacts to the demersal juvenile and
adult red snapper and their benthic habitat may not be substantial.
This anthropogenically-induced natural mortality on larvae caused by
the oil spill could result in declines in recruitment in future year
classes.
At this time, data are not available to demonstrate any specific
adverse effects of the BP Deepwater Horizon MC252 oil spill on the red
snapper resource or its habitat. As a result, no information is
available indicating that the 2010 recreational red snapper quota
should not be harvested. The current rebuilding schedule is intended to
allow a specific harvest that will allow the stock to rebuild on a
specified schedule, while providing for a quota-controlled harvest that
will achieve maximum economic and social benefits. No information is
available that indicates reduced harvests are necessary to maintain the
current rebuilding schedule, i.e., to mitigate biological harm
resulting from the oil spill. In the absence of biological harm or a
need for beneficial mitigation (although not harvesting the quota would
reduce overall fishing mortality), this would not be expected to result
in greater economic and social benefits. In addition, substantial
portions of the red snapper population are found in the northwestern
and western Gulf (western Louisiana and Texas) and an increasing
population of red snapper is re-establishing off the west Florida
continental shelf. Spawning by these segments of the stock should
mitigate the overall impact of any potentially compromised spawn by
that part of the stock located in oil-affected areas.
Classification
This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Act, 16 U.S.C. 1855(c).
This emergency rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an FRFA. The FRFA describes the economic impact this
emergency rule is expected to have on small entities. A description of
the action, why it is being considered, and the 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 FRFA is
available from NMFS (see ADDRESSES). A summary of the FRFA analysis
follows.
The purpose of this emergency rule is to authorize the Regional
Administrator, Southeast Region, NMFS (RA), to re-open the Gulf of
Mexico recreational red snapper season after the September 30, 2010,
end of the fishing season in order to provide fishermen the opportunity
to harvest the recreational red snapper quota, and to achieve the OY
for the fishery, thus enhancing the social and economic benefits to the
fishery. The Magnuson-Stevens Act provides the statutory basis for this
emergency rule.
This emergency rule does not establish any new reporting, record-
keeping, or other compliance requirements. No duplicative, overlapping,
or conflicting Federal rules have been identified.
No significant issues were raised by public comments in response to
the Initial Regulatory Flexibility Analysis (IRFA) and no changes were
made in the emergency rule as a result of such comments.
This emergency rule will grant NMFS the authority to re-open the
Gulf recreational red snapper season. Because this emergency rule will
only grant the authority to re-open the red snapper fishing season, and
not actually re-open the season (re-opening would only occur as a
result of subsequent rule-making), this emergency rule is an
administrative action and no direct effects on any small entities have
been identified or are expected.
However, a reasonably foreseeable consequence of this emergency
rule is the re-opening of the Gulf red snapper fishing season. If the
recreational red snapper season is re-opened, federally permitted for-
hire fishing businesses that sell services to fish for red snapper in
the Gulf of Mexico would be expected to be directly affected. 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. A Gulf reef fish for-hire permit is required to harvest red
snapper in the Federal waters of the Gulf of Mexico. During 2009, there
were 1,424 valid (non-expired) Federal reef fish for-hire permits that
allowed permit holders to fish during any portion of the year. Although
the Federal for-hire permit does not distinguish between headboats and
charter boats, an estimated 79 headboats operate in the Gulf of Mexico.
It cannot be determined with available data how many of the for-hire
vessels permitted to operate in the reef fish fishery fish for or
harvest red snapper, either through directed effort or incidental
harvest, so all permitted vessels are assumed, for this analysis, to
comprise the universe of potentially affected vessels. The average
charterboat is estimated to earn approximately $88,000 (2008 dollars)
in annual revenues, while the average headboat is estimated to earn
approximately $461,000 (2008 dollars).
The Small Business Administration has established size criteria for
all major industry sectors in the U.S., including fish harvesters. A
business involved in the for-hire fishing industry is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual receipts not in excess of $7.0 million (NAICS code
713990, recreational industries). Based on the average revenue
estimates provided above, all for-hire vessels that would be expected
to be directly affected by actual re-opening of the red snapper season
are determined for the purpose of this discussion to be small business
entities.
As stated previously, this emergency rule is an administrative
action and no direct economic effects on any small entities have been
identified or are expected.
For-hire vessels that would be directly affected by subsequent
rule-making to re-open the red snapper season would be expected to
receive an increase of approximately $4.4 million (2008 dollars) in net
operating revenues (revenues minus non-labor variable operating costs)
compared to not re-opening. As previously discussed, it cannot be
determined how many of the for-hire vessels permitted to operate in the
reef fish fishery fish for or harvest red snapper. If spread over all
1,424 vessels with Federal reef fish for-hire permits, this increase in
net operating revenues would equate to an average of approximately
$3,000 per vessel. However, not all for-hire vessels with Federal reef
fish permits would be expected to benefit from re-opening the
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red snapper season, and some vessels would be expected to benefit more
than others. Estimates of the average annual net operating revenues per
vessel are not available, and estimates of the average annual gross
revenues per vessel, provided above, are an inappropriate proxy because
gross revenues do not account for operating expenditures. As a result,
estimates of the average percentage increase in net operating revenues
are not available. It is noted, however, that because these effects
would only occur in response to subsequent rule-making, these effects
would indirectly result from this emergency rule.
Because no direct effects on any small entities have been
identified or are expected to occur as a result of this emergency rule,
the issue of significant alternatives is not relevant.
Pursuant to the Administrative Procedure Act, 5 U.S.C. 553(d)(3),
the Assistant Administrative for Fisheries (AA) finds good cause to
waive the delay in effectiveness of this final emergency rule. This
rule grants NMFS the authority to re-open the Gulf recreational red
snapper season. The re-opening of the red snapper fishing season would
only occur as a result of subsequent rule-making. This emergency rule
is purely procedural in nature, and does not impose any new compliance
requirements or reporting burdens on the public for which a delay in
effectiveness would be necessary. For these reasons, the AA finds good
cause to waive the 30-day delay in effectiveness of this rulemaking.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: September 20, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
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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.
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2. In Sec. 622.34, paragraph (m) is suspended and paragraph (v) is
added to read as follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(v) Closure of the recreational fishery for red snapper. The
recreational fishery for red snapper in or from the Gulf EEZ is closed
from January 1 through May 31. During the closure, the bag and
possession limit for red snapper in or from the Gulf EEZ is zero.
[FR Doc. 2010-23993 Filed 9-21-10; 4:15 pm]
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